City of Buellton, CA Chapter 19.06 SPECIFIC USE REQUIREMENTS

§ 19.06.001 Purpose and applicability of chapter.

A. Purpose and Intent. The purpose of this chapter is to establish special standards for certain land uses that may affect adjacent properties, the neighborhood, or the community, even if the uniform zoning standards of Chapters 19.02 and 19.04 of this title are satisfied. It is the intent of this chapter to establish appropriate standards for the location, design and operation of the land uses covered here, to avoid their creating problems and hazards, and to ensure their consistency with the general plan.

B. Applicability of Standards. All land uses listed in this chapter shall conform to the minimum standards established by this chapter. Such land uses shall also conform to all other applicable requirements of this title, including, but not limited to, the minimum lot area, setbacks and height limits imposed by the zone applied to the site (Chapter 19.02), or the general development standards of Chapter 19.04 of this title. When a use listed in this chapter is subject to conflicting requirements, the following rules apply:

1. If the provisions of this chapter conflict with those of Chapters 19.02 or 19.04 of this title, this chapter shall control, except where this chapter explicitly states otherwise.

2. If a site or land use is subject to more than one section of this chapter, the most restrictive standards apply.

3. Where a proposed use is required by this chapter to have minor use or conditional use permit approval, the granting authority may impose other and more restrictive requirements, in addition to the provisions of this chapter, as conditions of approval in the interests of public health, safety, and welfare.

(Prior code § 19.06.001; Ord. 94-13, 1994)

§ 19.06.010 Accessory and canopy structures.

All accessory and canopy structures, including agricultural structures, shall conform to criteria set forth in this section and as defined by this title.

A. No accessory or canopy structure shall be constructed on a lot until construction of the principal structure has begun, and no accessory or canopy structure shall be used unless the principal structure on the lot is also being used.

B. An accessory or canopy structure erected as an integral part of the principal structure shall comply in all respects with the use, yard, and height requirements applicable to the principal structure.

C. Accessory structures shall conform to the height requirements and the front and side yard setback regulations of the district. An accessory structure may be located in the required rear yard setback provided that it is located no closer than five feet to the principal structure and that it does not exceed a height of 12 feet.

D. No canopy structure shall be located in the front or along the side of a building and shall be effectively screened behind a solid fence, wall or landscaping as approved by the planning director. A canopy structure may be located in the required rear yard setback provided that it is located no closer than five feet to all other structures and that it does not exceed a height of 12 feet.

E. The total number of accessory structures and canopy structures shall not occupy more than 40% of the required rear yard.

F. No accessory structure on a corner lot shall be located closer to the street right-of-way or centerline than the principal building on that lot, nor within any side or front yard setback.

G. For a corner lot backing on a key lot, no accessory or canopy structure shall be located closer than ten feet to the rear property line.

H. Agricultural accessory structures that serve as a primary place of employment or which are used by the public may include a bathroom and wetbar area, provided that a notice to property owner is recorded by the property owner. For all other accessory structures, plumbing devices shall be limited to toilets and wash basins, and no bathing facilities or wetbars shall be allowed.

I. No cooking facilities shall be allowed in accessory or canopy structures.

J. Accessory buildings and structures shall not be used for sleeping purposes and shall not be used as guest houses, artist studios, or poolhouses/cabanas, unless specifically permitted for such use.

K. On lots of one acre or less, the gross floor area of an accessory structure shall not exceed 800 square feet, excluding garages, barns and stables.

L. Canopy structures shall not be used as required covered parking.

(Prior code § 19.06.010; Ord. 94-13, 1994; Ord. 06-02 § 7, 2006)

§ 19.06.020 Animal raising and keeping.

The keeping of animals in the residential zoning districts is allowed as follows:

A. No horse, mule, goat, cow, swine, or other similar size animal shall be permitted on any lot that is less than 20,000 square feet of gross area. One horse, mule, goat, cow, swine, or similar size animal shall be allowed per every 20,000 square feet of gross area on a lot provided that not more than three swine or five such other animals shall be permitted on any lot. In no case shall the animals be kept for commercial purposes.

1. Exemption. The planning director, or his or her authorized representative, may allow one sheep, goat, or hog or other suidae that is less than one year old and is part of a controlled, educational animal husbandry project, such as those sponsored by 4H and FFA, on lots that are less than 20,000 square feet in size. The keeping of such animals are subject to the following:

a. The keeping of the animal will not constitute a nuisance to the neighborhood or a danger to the public health, safety, or welfare. Any complaints will be investigated through the code compliance process of the city of Buellton,

b. Animal enclosures or pens shall be kept and maintained in a clean and sanitary condition free from accumulations of manure, urine, stagnant water, used bedding material, or any other filthy or odorous substances,

c. The projects are limited to a six-month period,

d. Documentation shall be provided as to the specific educational project being undertaken;

B. No stable, barn or other large animal enclosure (i.e., paddock) shall be located on a lot, excluding a combination of lots, having a gross area of less than 20,000 square feet. No portion of a stable or barn shall be located closer than:

1. Forty feet to the door or window of any dwelling on another lot,

2. Seventy feet to any street centerline and 20 feet to the right-of-way,

3. Fifteen feet from the rear property line, and

4. Ten feet from the side property lines;

C. There shall not be more than three adult dogs and one litter of puppies permitted on any one lot;

D. There shall be not more than three adult cats and one litter of kittens permitted on any one lot;

E. Small animals (e.g., chickens, birds, ducks, rabbits, bees, etc.) shall be permitted provided that:

1. Such small animals are for the domestic use of the residents of the lot only and are not kept for commercial purposes,

2. The keeping of such small animals is not injurious to the health, safety, or welfare of the neighborhood and does not create offensive noise or odor as determined by the planning director after advice from the county health department and/or county animal control,

3. Enclosures for small animals shall be no closer than 25 feet to any dwelling and shall meet the accessory structure regulations (Section 19.06.010),

4. The cumulative number of small animals on any property shall be a maximum of three or one hive in the case of bees;

F. Commercial animal breeding operations are prohibited in all residential zoning districts.

(Prior code § 19.06.020; Ord. 94-13, 1994; Ord. 06-12 § 18, 2006; Ord. 07-06 § 3, 2007; Ord. 21-01 § 2, 2021)

§ 19.06.030 Carnivals, circuses, and other temporary entertainment events.

A temporary zoning clearance may be approved by the director for carnivals, circuses, and similar activities, including, but not limited to, art and craft fairs, outdoor shooting galleries, menageries, merry-gorounds, Ferris wheels, shooting matches, turkey shoots, tent shows, trained animal shows, amusement parlors, penny arcades, prizefights, and wrestling matches, in any commercial or industrial district but in no other districts, upon written application and provided that:

A. They do not continue for more than five consecutive days;

B. The director or authorized staff inspects and approves the proposed site of the carnival or circus or other such activity; and

C. The applicant shall comply with all provisions of the laws of the city including, but not limited to, the city business license title and any conditions imposed pursuant to this title or any other applicable title.

D. The director may impose reasonable conditions upon the operation of a carnival, circus, or other such activity in order to protect and preserve the public health, safety, or welfare.

(Prior code § 19.06.030; Ord. 94-13, 1994)

§ 19.06.040 Certified farmers' markets.

A conditional use permit may be issued for certified farmer's markets certified by the county agricultural commissioner in accordance with regulations in California Administrative Code Title 3, Chapter 3, Group 4, Article 6.5, Section 1392 et seq., subject to the following additional requirements:

A. The use shall be conducted on a fully paved and improved main parking lot on property incidental to a church, school or philanthropic institution, or on a city street where authorized;

B. The operation shall be conducted by one or more certified producers, by a nonprofit organization or by a local government agency;

C. The producers are authorized by the appropriate county agricultural commissioner to sell directly to consumers nonprocessed products as fresh fruits, vegetables and in-shell nuts that are produced upon the land which the certified producer farms and owns, rents, leases or sharecrops;

D. The operator of the market and all involved certified producers secure the necessary licenses, certificates and health permits in order to sell products directly to consumers, including, without limitation, permits from the Santa Barbara County Division of Environmental Health pursuant to Title 17, California Administrative Code, Section 13653;

E. The location of a certified farmer's market, as proposed, will not have a significant adverse effect on adjoining properties or on the immediate neighborhood as to noise and traffic congestion;

F. The certified farmer's market shall be secondary to the principal use. The total hours and days of operation shall not exceed those of the principal use, and all activities shall be conducted during daylight hours only. After eight p.m., the site shall revert to its normal use. Accessory market structures and any signs advertising the market shall be of a strictly temporary nature and shall also be removed at the close of the day;

G. Adequate trash containers approved by the city shall be provided during the hours of operation and the operator of the market shall post a two hundred dollar ($200.00) clean-up fee with the city clerk prior to the opening of business. Adequate toilet facilities approved by the Division of Environmental Health Services shall be provided for both sexes;

H. There shall be no use of any sound equipment in conjunction with market activities;

I. Notice of the public hearing shall be given in accordance with Section 19.10.400 of this title except that the notice required by Section 19.10.400(A)(2)(a)(iii) shall be mailed to the owners of the affected property and the owners of the property within 1,000 feet of the exterior boundaries of the affected property.

(Prior code § 19.06.040; Ord. 94-13, 1994)

§ 19.06.050 Child day care.

A. Small Family Day Care Homes. Small family day care homes shall be considered a residential use pursuant to this title, provided that the provider has obtained a license or a statement of exemption from licensing requirements from the California State Department of Social Services pursuant to Health and Safety Code Section 1597.51.

B. Large Family Day Care Homes. Large family day care homes shall be considered a residential, provided that prior to the issuance of a zoning clearance, the zoning administrator shall make the following findings:

1. The provider has obtained a license or a statement of exemption from licensing requirements from the California State Department of Social Services pursuant to Health and Safety Code Section 1597.51;

2. The property is located more than 300 feet from any other large family day care home and approval will not result in overconcentration;

3. The noise level, including noise generated by the children, is consistent with the noise element of the Buellton general plan.

The approval of large family day care homes pursuant to this section shall be deemed a ministerial action that is exempt from the California Environmental Quality Act. Notice shall be given of the proposed use at least ten days prior to the date of the zoning administrator's decision to all owners shown on the last equalized assessment roll as owning real property within a 300 foot radius of the exterior boundaries of the proposed large family day care home. No hearing on the application shall be held unless a hearing is requested by the applicant or other affected person. The zoning administrator's decision may be appealed to the commission as provided by Section 19.10.130 of this title.

(Prior code § 19.06.050; Ord. 94-13, 1994)

§ 19.06.060 Condominiums, stock cooperatives, community apartments.

The following requirements may be applied by the commission or council as conditions of approval to condominiums, stock cooperative, or community apartments projects:

A. Each dwelling unit shall be provided with at least 180 cubic feet of weatherproofed, enclosed, lockable, and easily accessible storage space on-site in addition to the usable storage space of closets, cabinets, and pantry within the dwelling units;

B. Individual metering for utilities shall be provided for each unit, unless the metering would conflict with an innovative energy-efficient or resource conserving utility system, designed for the project;

C. Sufficient space, utility connections, and vents shall be provided in each unit or its garage to allow for the installation of a clothes washer and dryer, and shall be shown on the final development plan;

D. Each unit shall include private outdoor patio area in the form of ground level patios or upper story balconies. Private patios shall not be less than 20% of the gross floor area of the residence served. Where a required patio area is less than 200 square feet, the requirements shall be satisfied with one patio or balcony per unit;

E. Common open space and recreation areas shall be designed to provide access for the handicapped.

(Prior code § 19.06.060; Ord. 94-13, 1994)

§ 19.06.070 Drive-through facilities.

In considering an application for such a conditional use permit, in addition to the findings in Section 19.08.110(D), the permit shall be granted only if the drive-through facility is found to have no greater adverse impact upon air quality than the same use without the drive-through facility.

(Prior code § 19.06.070; Ord. 94-13, 1994)

§ 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.

C. 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.

D. All guest houses, artist studios or pool house/cabanas shall be limited to one floor. Such floor may be located over an accessory structure.

E. 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.

F. 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.

G. 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.

H. 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.

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

J. 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 any deed restriction as required for the ADU per Section 19.06.180 of this title has been executed by the owner.

L. 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.

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

(Prior code § 19.06.080; Ord. 94-13, 1994; Ord. 06-12 § 9, 2006; Ord. 25-04, 5/22/2025)

§ 19.06.090 Handicraft industries.

A conditional use permit may be issued under the provisions of this section for the manufacture in CR and CS districts of handicraft items, jewelry, notions, and other items on a small scale, and involving no effects on surrounding property which would constitute a greater nuisance than those created by other uses permitted in the district in which such manufacture is allowed. A conditional use permit for such use may only be issued subject to the provisions of this section and to the following conditions and to any further conditions which, in the opinion of the zoning administrator are necessary to protect the public peace, health, safety, and general welfare, to maintain property values in the neighborhood, and to safeguard essential community services and values such as traffic circulation, sewage disposal, water supply, fire protection, and neighborhood character:

A. All manufacturing activities shall be conducted within a completely enclosed building having a total gross floor area of not to exceed 2,500 square feet.

B. All storage of materials and equipment shall be screened from view from surrounding properties by a solid fence approved by the zoning administrator;

C. No fumes, noxious gases, objectionable odors, heat, glare, or radiation generated by or resulting from such use shall be detectable at any point upon the boundary of the property upon which the use is located;

D. The use shall create no objectionable noise or vibration;

E. No smoke or dust shall be created except from the heating of buildings.

(Prior code § 19.06.090; Ord. 94-13, 1994)

§ 19.06.100 Home occupations.

Prior to the commencement of any type of occupation in the home, a home occupation application shall be submitted to the planning department. The planning department shall approve, conditionally approve, or deny such application. Upon approval of such application, a zoning clearance shall be issued for the home occupation.

A. Findings Required for Approval. The planning department shall approve a home occupation application only if the proposed occupation meets all of the following criteria:

1. A home occupation shall be conducted within not more than one room of the dwelling not including garages, except for artist studios;

2. There shall be no structural alterations of the dwelling, and the existence of the home occupation shall not be apparent beyond the boundaries of the premises;

3. The home occupation shall be conducted solely by the occupants of the dwelling unit. No employees other than the dwelling occupants shall be permitted on the premises for business purposes;

4. No displays, delivery of merchandise, or advertising signs shall be permitted on the premises;

5. There shall be no more than five customers, patients, clients, students, or other persons served by the occupation upon the premises at any one time;

6. A home occupation shall not create any radio or television interference or create noise audible beyond the boundaries of the premises;

7. No smoke or odor shall be emitted that occurs as a result of the home occupation;

8. There shall be no outdoor storage of materials related to the home occupation;

9. No vehicles or trailers except those incidental to the residential use shall be kept on the premises;

10. A home occupation shall be strictly secondary and subordinate to the primary residential use and shall not change or detrimentally affect the residential character of the dwelling, premises, or neighborhood;

11. The following uses by their operation or nature may interfere with residential welfare and diminish the convenience intended for commercial zones, and therefore shall not be permitted as home occupations:

a. Appliance, radio or television repair,

b. Barber or beauty shop,

c. Carpentry or cabinet making,

d. Child care of more than six children or instruction for more than three school-aged children or adults (not counting residents of the home),

e. Gun or ammunition sales, including by mail order,

f. Medical offices or clinics,

g. Print shop,

h. Welding or machining.

B. Nonstandard Home Occupations. Home occupations not consistent with all provisions of subsection (A) may be approved through minor use permit (Section 19.08.110); provided, that the approval body first makes the following findings, in addition to those required by Section 19.08.110(D) (Findings required for approval):

1. The home occupation will be strictly secondary and subordinate to the primary residential use and will not change or detrimentally affect the residential character of the dwelling, site, or neighborhood; and

2. Conditions of approval are being applied to the operation of the proposed home occupation that will mitigate all potentially adverse effects of the home occupation on the dwelling, site and neighborhood.

C. Violations of Home Occupation Regulations. It is unlawful for any person, firm or corporation to establish, cause, permit or maintain any type of business, profession or other commercial occupation (collectively to be referred to as a "home occupation") in an area zoned for residential use without first securing a zoning clearance from the planning department which approves, and/or conditionally approves such use or activity. It is unlawful for any person to conduct a home occupation for which a home occupation permit has been issued without complying with all conditions attached to such permit.

(Prior code § 19.06.100; Ord. 94-13, 1994; Ord. 95-01 § 2, 1995)

§ 19.06.110 Manufactured homes and mobilehomes on foundations.

Where permitted in the applicable zoning districts, manufactured homes and mobilehomes 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.

(Prior code § 19.06.110; Ord. 94-13, 1994; Ord. 25-02, 5/8/2025)

§ 19.06.120 Mobilehome parks.

The provisions of this section apply to all mobilehome parks and the placement of individual mobilehomes within mobilehome parks.

A. Minimum Lot Area and Density.

1. The minimum area required for a mobilehome park shall be one acre. The minimum individual mobilehome site area shall be 4,000 square feet with a minimum width of 50 feet and a minimum depth of 80 feet.

2. The maximum density for a mobilehome park shall be seven mobilehome units per gross acre, except as provided by subsection (A)(3) of this section.

3. To create opportunities for affordable housing, a maximum of ten percent of mobilehome sites in a park may be developed for single-wide units. The minimum area for single-wide sites shall be 2,800 square feet with a minimum width of 35 feet and a minimum depth of 80 feet. The maximum density for projects which utilize this option shall be eight units per gross acre.

B. Site Development Standards.

1. Setbacks, Coverage, Height Limit. New buildings and structures and alterations to existing buildings and structures shall be designed and constructed to satisfy the following requirements:

Development Feature	Requirement
Park perimeter setbacks	Front	20 ft. minimum
	Side	15 ft. minimum
	Rear	15 ft. minimum
Setbacks, individual mobilehome sites	Front	10 ft. minimum from the front line of the mobilehome lot
	Side	5 ft. minimum from the side line of the mobilehome lot 10 ft. minimum from any access road, parking area or walkway
	Rear	10 ft. minimum from the rear line of the mobilehome lot
	Interior	10 ft. minimum between mobilehomes
Site coverage, mobilehome lots	60% of the mobilehome lot

To maximize open space on mobilehome lots, the required side yard setback may be modified to locate mobilehomes within one side yard, provided that the remaining side yard is equal to the sum of the two side yards required above. Such modifications shall be subject to state of California approval to waive the minimum setback requirements of Title 25, California Code of Regulations.

2. Parking. Parking shall be provided as specified in Section 19.04.140 of this title.

a. Individual Lot Parking. Two parking spaces shall be provided for each mobilehome site. The parking spaces may be permitted on individual sites or one parking space may be provided on the individual sites and the other parking space may be located in common parking areas located throughout the mobilehome development.

b. RV Storage. Storage parking facilities for recreational vehicles (travel trailer, camper, etc.) shall be provided within the park at the ratio of one storage space for each five mobilehome sites. Storage areas shall be screened by landscaping and fencing for security purposes. Minimum dimensions for each storage space shall be ten feet by 20 feet.

c. Garage Setback. Any garage must be set back 15 feet from the front line of a mobilehome site.

d. Location of Common Parking. Common parking areas shall be located no closer than ten feet to any mobilehome site.

3. Open Space and Landscaping. Mobilehome planned developments shall be designed to provide open space and landscaping areas as follows:

a. Common Open Space Required. A minimum of 15% of the gross area of the mobilehome development shall be in common open space, which shall include a recreational area and facilities for the use of the residents of the development. Such facilities shall generally be provided in a central location and may include lawn and picnic areas, swimming pools, tennis courts, etc. Laundry facilities or other nonrecreational uses shall not be included in the common open space. Improved sidewalks, walkways or paths shall link all mobilehome sites to the recreational facilities. If the mobilehome development is to be developed in phases, the open space/common recreation area must be developed during the first phase of construction.

b. Title to Open Space. In a mobilehome condominium development, title to the common open space, common recreational amenities and private streets shall be conveyed to a nonprofit association of all homeowners within the project area, or any other nonprofit individual or entity on such reasonable terms and conditions as the council may prescribe subject to conveying to the city the rights to develop such common open space with anything except open space, noncommercial recreational facilities, common parking areas, and private streets.

c. Obligation for Preservation and Maintenance. Preservation and maintenance of all common open space, common recreational facilities, common parking areas, and private streets shall be the obligation of the individual or entity holding title to the areas.

d. Perimeter Landscaping Required. Perimeter setback areas which are part of the common open space of the mobilehome development shall be landscaped. Unsightly areas within the development such as common parking areas, trash storage areas, etc., shall be effectively screened by landscaping.

4. Additional Requirements:

a. All mobilehomes shall be skirted.

b. Tool sheds and equipment storage structures shall be permitted on each site but shall not be located in any setback area.

c. All development shall be in compliance with the California Code of Regulations, Title 25, Housing and Community Development.

(Prior code § 19.06.120; Ord. 94-13, 1994)

§ 19.06.130 Mortuaries, crematories, and funeral homes.

Subject to the issuance of a conditional use permit, mortuaries, crematories, and funeral homes may be permitted in the following locations:

A. Within cemeteries operating under a valid land use permit;

B. On any parcel of land abutting such a cemetery; or

C. On property zoned to permit multiple family dwellings where the property abuts upon or is directly across the street from property zoned for commercial or industrial purposes. In all such locations, the commission shall impose conditions requiring that the architectural design of all buildings and structures be compatible with neighboring residential buildings, that signs are unobtrusive, and that adequate off-street parking space is provided for funeral procession assembly areas.

(Prior code § 19.06.130; Ord. 94-13, 1994)

§ 19.06.140 Parking lot sales.

Parking lot and sidewalk sales are allowed in any commercial zoning district in compliance with the following requirements:

A. Limitation on Use. Sales shall be conducted only by the merchants of shops served by the parking lot or abutting the sidewalk.

B. Permit Requirement. The total number of sales during a calendar year shall not exceed four. Each sale shall last no more than three days. A zoning clearance shall be required for all parking lot sales (Section 19.08.100).

C. Location. Sales areas shall be located so that adequate pedestrian access and parking will exist during the proposed sale, as determined by the planning director.

D. Encroachment Permit Required. The use of any public sidewalk for a sidewalk sale shall also be authorized by an encroachment permit in compliance with Chapter 12.08 of the municipal code.

E. Operational Conditions. The planning director may impose any reasonable conditions on the operation of a parking lot or sidewalk sale to ensure adequate pedestrian and vehicle access, and compatibility with adjacent land uses, during the sale.

F. Exception. Outdoor sales and display areas associated with a business that are contained within the eaves of the building and do not block required pedestrian access or have otherwise been approved through a conditional use permit or development plan are not subject to the parking lot sales requirements.

(Prior code § 19.06.140; Ord. 94-13, 1994; Ord. 06-12 § 10, 2006)

§ 19.06.150 Pipelines.

A. Applicability. The requirements of this section shall apply to:

1. All oil transmission and distribution pipelines;

2. All gas transmission and distribution lines excluding public utility gas lines less than 12 inches in diameter;

3. Wastewater pipelines excluding those incidental to and located within an onshore oil production lease area;

4. All pipelines associated with offshore oil and gas production;

5. Facilities related to the above pipelines (e.g., pumping stations, etc.).

B. Processing. No permits for development including grading shall be issued except in conformance with an approved development plan, as provided in Section 19.08.120 of this title. The following information, in place of that listed in the "required application contents" list furnished by the department must be filed with a development plan application:

1. A brief statement describing the project;

2. A plot plan showing:

a. Property, easement, and pipeline right-of-way boundaries,

b. Proposed road construction or modification,

c. Area to be used for construction,

d. Area to be used for access and maintenance during pipeline operation,

e. Existing roads, watercourses and pipelines within the pipeline right-of-way,

f. Location and type of existing and proposed structures within 50 feet of the pipeline right-of-way,

g. Proposed alteration of surface drainages;

3. A contour map showing existing and proposed contours;

4. Measures to be used to prevent or reduce nuisance effects, such as noise, dust, odor, smoke, fumes, vibration, glare, and to prevent danger to life and property;

5. A revegetation and site restoration plan shall be prepared by the applicant which includes provisions for restoration of any biologically important habitats which will be disturbed by construction or operational procedures. The plan shall be subject to approval by the planning department during project review;

6. Any other reasonable information as deemed necessary by the planning department;

7. In addition, for oil and gas pipelines, an emergency response plan that addresses the potential consequences and actions to be taken in the event of hydrocarbon leaks or fires shall be submitted. The emergency response plan shall be approved by the city's emergency services coordinator and fire department unless the plan has received previous approval by the public utilities commission.

C. Findings Required for Approval. In addition to the findings for development plans required by Section 19.08.120 of this title, no development plan proposing new pipeline construction outside of industry facilities shall be approved unless the commission also makes the findings that:

1. Use of available or planned common carrier and multiple-user pipelines is not feasible; and

2. Pipelines will be constructed, operated, and maintained as common carrier or multiple-user pipelines unless the commission determines it is not feasible. Applicants have taken into account the reasonable, foreseeable needs of other potential shippers in the design of their common carrier and multiple-user pipelines. Multiple-user pipelines provide equitable access to all shippers with physically compatible stock on a nondiscriminatory basis; and

3. New pipelines are routed in approved corridors that have undergone comprehensive environmental review unless the commission determines that such corridors are not available, safe, technically feasible, or the environmentally preferred route for the proposed new pipeline; and

4. When a new pipeline route is proposed, it is environmentally preferable to all feasible alternative routes; and

5. When a new pipeline is proposed, the project's environmental review has analyzed the cumulative impacts that might result from locating additional pipelines in that corridor in future; and

6. Concurrent or "shadow" construction has been coordinated with other pipeline projects that are expected to be located in the same corridor where practical.

D. Development Standards. The following standards shall apply to all pipeline projects:

1. Except in an emergency, no materials, equipment, tools, or pipes shall be delivered to or removed from a pipeline construction site through streets within any residential zone district between the hours of nine p.m. and seven a.m. of the next day;

2. After completion of back-filling and compacting of the pipeline ditch, the site shall be returned to grade where practical and the excess soil shall be removed to an appropriate disposal site;

3. During construction of the pipeline, there shall be no permanent blocking of surface drainages;

4. A pipeline corridor shall be sited so as to avoid significant impacts to resources (e.g., aquatic habitats, archaeological areas) to the maximum extent feasible;

5. Where pipeline segments carrying hydrocarbon liquids pass through sensitive resource areas (e.g., aquatic habitats) as identified by the project environmental review, provisions identified in the environmental review shall be applied to minimize the amount of liquids released in the sensitive areas in the event of a spill. The potential for damage in those areas shall be minimized by considering spill volumes, duration, and trajectories in the selection of a pipeline corridor. In addition, appropriate measures for spill containment and cleanup (e.g., catch basins to contain a spill) shall be included as part of the required emergency response plan;

6. Permits for new pipeline construction shall require engineering of pipe placement and burial within a corridor to minimize incremental widening of the corridor during subsequent pipeline projects, unless the proposed route is determined to be unacceptable for additional pipelines.

E. Optional Development Standards. The following standards may be applied to a proposed pipeline project in addition to the requirements of subsection C of this section, to the extent deemed necessary by the commission.

1. A performance security shall be provided in an amount sufficient to ensure completion of all requirements of the approved revegetation and restoration plan and shall be released upon satisfactory completion.

2. Disturbed areas shall be jointly inspected by the applicant and city staff one year after completion of construction to assess the effectiveness of the revegetation and restoration program. This inspection shall continue on an annual basis to monitor progress in returning the site to pre-construction conditions or until no additional monitoring is deemed necessary to the planning department. Inspection results shall be submitted annually to the planning department, and additional treatment of the site will be applied as deemed necessary by the department.

3. Above ground sections of the pipeline and related facilities excepting those emplaced on a temporary basis for a testing period not to exceed one year, shall be visually compatible with the present and anticipated surrounding by use of any or all of the following measures where applicable: buffer strips; depressions, natural or artificial; screen planting and landscaping continually maintained; and camouflage and/or blending colors.

4. Proposed facilities shall be designed and housed such that the noise generated by the facilities as measured at the property boundaries shall be equal to or below the existing noise level of the surrounding area except under temporary testing or emergency situations. Measures to reduce adverse impacts (due to noise, vibration, etc.) to the maximum extent feasible shall be used for facilities located adjacent to noise sensitive locations as identified in the noise element of the general plan.

(Prior code § 19.06.150; Ord. 94-13, 1994)

§ 19.06.160 Sale of agricultural products grown on the premises.

The following are the requirements for the sale of agricultural products grown on the premises:

A. The site shall consist of two or more contiguous acres.

B. If a building or structure is required for the sale of such products, the sale shall be conducted either within an existing accessory building or from a separate stand not to exceed 200 square feet of sales and storage area except that if the premises consist of five or more contiguous acres, such building shall not exceed 600 square feet. The building or structure shall be located no closer than 20 feet to the right-of-way line of any street; this requirement shall apply in lieu of any other setback requirements of the zone district or the sign regulations. Only one stand shall be allowed on the site.

C. The design of new structures shall be approved by the director.

D. A building permit shall be obtained.

E. Signs advertising the sale of agricultural products shall conform to Section 19.04.170 of this title.

F. A minimum of two permanently maintained onsite parking spaces shall be provided, which shall not be located closer than 20 feet to the right-of-way line of any street.

G. Prior to the issuance of a zoning clearance, a permit for the sale of agricultural products shall be obtained from the Santa Barbara County Department of Health Care Services pursuant to Title 17, California Administrative Code Section 13653.

(Prior code § 19.06.160; Ord. 94-13, 1994)

§ 19.06.170 Satellite dish antennas.

All satellite antennas, including portable units and dish antennas, but not including amateur radio antennas and home television and radio antennas, shall be designed, constructed, treated, and maintained in compliance with the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC) and as follows, when these provisions are not in conflict with applicable state and federal regulations:

A. Plans for antennas shall be submitted with each application for a building permit, and shall include a site plan and elevation drawings indicating the height, diameter, color, setbacks, foundation details, landscaping, and method of screening. The plans shall be subject to the approval of the zoning administrator through a minor use permit.

B. No antenna shall be located within any required front or street side yard setbacks in any zoning district. In addition, no portion of an antenna shall extend beyond the property lines.

C. The antennas and supporting structure shall be painted a single, neutral, nonglossy color (i.e., earth tones, off-white, cream, beige) and to the extent possible, compatible with the appearance and character of surrounding neighborhoods.

D. All electrical and antenna wiring shall be placed underground whenever possible.

E. In any residential zoning district, all antennas shall be subject to the following standards:

1. Only ground-mounted antennas shall be permitted and the antennas shall be located in the rear yard of the site;

2. The height of the antennas shall not exceed 15 feet;

3. Only one antenna may be permitted on any site;

4. The antenna shall be separated from adjacent properties by at least a six-foot high solid wall or fence or by plants or trees of equal minimum height;

5. Any antenna that is taller than adjacent property line fences shall be located away from the side or rear property line at a distance equal to or greater than the height which the antenna is above the adjacent fence;

6. The diameter of the antenna shall not exceed ten feet. This provision may be modified by the zoning administrator if strict compliance would result in no/poor satellite reception;

7. The antenna shall be used for private, noncommercial purposes, only.

F. In any nonresidential district, antennas may be roof or ground-mounted. These antennas shall be subject to the following standards:

1. If roof-mounted, the antennas shall be screened from ground view by a parapet or other type of screening. The minimum height and design of the parapet, wall or screening shall be subject to approval of the zoning administrator;

2. If ground-mounted, the antennas shall not be located between a structure and a street adjacent lot line and shall be screened from public view and adjacent properties;

3. The location and height of the antennas shall comply with all requirements of the underlying zoning district;

4. If the subject site abuts a residential zoning district, all antennas shall be set back a minimum distance from the property line equal to the height of the antenna, unless otherwise screened from view;

5. The diameter of the antenna shall not exceed 15 feet.

(Prior code § 19.06.170; Ord. 94-13, 1994; Ord. 06-12 § 12, 2006)

§ 19.06.171 Amateur radio antennas.

All amateur radio antennas shall be designed, constructed, treated, and maintained in compliance with the regulations of the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC). Pursuant to Government Code Section 65850.3, the intent of this section is to allow these facilities to be erected at heights and dimensions sufficient to accommodate amateur radio service communications, do not preclude the establishment of amateur radio service communications, and reasonably accommodates amateur radio service communications, subject to the following conditions that accomplish the city's legitimate purpose for protecting the public health, safety, and general welfare:

A. Ground mounted antennas and supporting equipment shall not be located within the front or side yard setbacks. These structures shall comply with the setback requirements for accessory structures;

B. Antenna height shall not exceed the maximum allowable building height by more than ten feet;

C. No more than one antenna shall be permitted per legal lot;

D. The antennas and supporting structure shall be painted a single, neutral, nonglossy color (i.e., earth tones, off-white, cream, beige) and to the extent possible, compatible with the appearance and character of surrounding neighborhoods;

E. The antenna support structure shall not exceed a width or diameter of two feet;

F. No portion of the antenna shall overhang any property line;

G. All electrical and antenna wiring shall be placed underground whenever possible;

H. Review and approval of a zoning clearance and building permit are required to ensure that safety is maintained and the above standards are met.

(Ord. 06-12 § 13, 2006)

§ 19.06.172 Home television and radio antennas.

All home television and radio antennas shall be designed, constructed, treated, and maintained in compliance with the regulations of the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC). The following conditions apply to these antennas:

A. Antennas shall be four feet or less in diameter or in diagonal measurement so long as they are located entirely on the property and are not located within the front yard area;

B. Ground-mounted antennas and supporting equipment shall not be located within the front or side yard setbacks;

C. These antennas shall comply with the setback requirements for accessory structures;

D. Antenna height shall not exceed the maximum allowable building height by more than five feet;

E. No more than two such antennas shall be permitted per legal dwelling unit;

F. The antennas and supporting structure shall be painted a single, neutral, nonglossy color (i.e., earth tones, off-white, cream, beige) and to the extent possible, compatible with the appearance and character of surrounding neighborhoods;

G. No portion of the antenna shall overhang any property line;

H. All electrical and antenna wiring shall be placed underground whenever possible;

I. Antennas meeting these requirements do not require a zoning clearance or building permit.

(Ord. 06-12 § 14, 2006)

§ 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. incorporated herein by this reference, and any successors or additions thereto. Accessory dwelling units provide housing opportunities for the varying needs of all socioeconomic groups of the community, including the elderly, moderate-income and lower- income 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:

"Accessory dwelling unit" or "ADU"

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 multifamily dwelling (the "primary dwelling") is or will be 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 structure"

means a structure that is accessory and incidental to a dwelling located on the same lot.

"Attached ADU"

means a newly constructed dwelling unit that structurally abuts (and connects to) an existing or proposed primary dwelling or accessory structure.

"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.

"Efficiency kitchen"

means a kitchen that includes each of the following: (1) a cooking facility with appliances; (2) a food preparation counter(s); and (3) food storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

"Floor area"

means, for the purpose of this section 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 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, 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"

means the existing or proposed 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.

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

2. JADU Owner Occupancy. 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 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 dwelling (in the case of a single-unit dwelling lot) or from the lot and all of the dwellings (in the case of a multifamily 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 for 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 JADU shall not be sold separately from the primary dwelling.

b. The JADU shall be restricted to the approved size and to other attributes allowed by this section.

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 30-day period.

e. The deed restriction shall run with the land and may be enforced against future property owners.

f. The deed restriction may be removed if the owner eliminates the 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 JADU has in fact been eliminated. The director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the director's determination consistent with other provisions of city zoning regulations. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of the city's zoning regulations.

g. 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 JADU in violation of the recorded restrictions or abatement of the illegal unit.

D. Development Standards.

1. Zoning Districts and Placement.

a. ADUs shall be allowed ministerially on lots with proposed or existing single-family or multifamily dwellings within the single-family residential (RS), multifamily residential (RM), and planned residential development (PRD) zoning districts.

b. ADUs shall be allowed ministerially, proposed as part of, or on lots with existing permitted mixed-use projects which include multifamily dwellings in the neighborhood commercial (CN) and general commercial (CR) zoning districts per Chapter 19.18 of this title, Mixed Use Regulations.

c. ADUs shall not be allowed on lots within commercial and industrial zoning districts with existing nonconforming residential uses.

d. JADUs shall be allowed ministerially on lots with a proposed or existing single-family dwelling within the single-family residential (RS), multifamily residential (RM), and planned residential development (PRD) zoning districts.

e. ADUs and JADUs shall not be located on or impede an easement area.

f. ADUs shall not be located in such a way that would prohibit access to a designated parking area.

g. ADUs and JADUs shall not be prohibited or unreasonably restricted by existing and proposed common interest developments such as homeowner's associations and associated CC&Rs per Sections 4751, 4740, and 4741 of the Civil Code.

2. Maximum Size and Height Limits.

a. Detached ADUs shall not exceed 1,200 square feet in floor area.

b. Attached ADUs shall not exceed 850 square feet in floor area for a one-bedroom or less or 1,000 square feet in floor area for a two-bedroom or more.

c. If an attached ADU is proposed within the existing space of an accessory structure, the attached ADU shall not expand the accessory structure by more than 150 square feet in order to accommodate ingress and egress.

d. JADUs shall not exceed 500 square feet in floor area.

e. ADUs and JADUs shall not exceed 25 feet in height, unless otherwise specified in this section.

3. Number of Units Allowed.

a. Any combination of D.3.a, i, ii, and iii below may be allowed with a proposed or existing single-family dwelling.

i. One JADU;

ii. One attached ADU; and

iii. One new construction detached ADU. If proposed to be combined with a JADU and/or attached ADU, the detached ADU shall be no more than 18 feet in height.

b. Both D.3.b.i and ii below may be allowed with an existing multifamily dwelling, or D.3.b.iii with a proposed multifamily dwelling.

i. At least one ADU may be allowed within an existing multifamily dwelling, up to 25% of the existing multifamily dwelling units if the ADU(s) is located within nonlivable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.

ii. Up to eight detached ADUs may be allowed on a lot with an existing multifamily dwelling, provided that the number of ADUs does not exceed the number of existing units on the lot. If more than one ADU is proposed on a lot, the detached ADU(s) shall be no more than 18 feet in height.

iii. Up to two detached ADUs may be allowed on a lot with a proposed multifamily dwelling. If more than one ADU is proposed on a lot, the detached ADU(s) shall be no more than 18 feet in height.

4. Setbacks.

a. ADUs shall have a minimum of four foot side and rear setbacks that are sufficient for fire and life safety.

b. 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.

c. An ADU shall not violate the minimum distance between buildings standards for the applicable zone.

d. No change in setbacks shall be required when an ADU is constructed in the same location and to the same dimensions as an existing legal structure that is converted in to an ADU or to a portion of an ADU, even when that structure has been demolished.

5. Lot Coverage and Open Space.

a. No lot coverage or open space standard shall be applied that would preclude the construction of an attached or detached ADU that is up to 800 square feet in floor area. For ADUs above 800 square feet in floor area, lot coverage and open space standards shall apply per the underlying zoning district.

b. The open space area on the lot should be commonly accessible to both the main unit and the ADU/JADU, unless otherwise approved by the director, however, this requirement shall not preclude an attached or detached ADU of at least 800 square feet in floor area from being constructed.

6. Objective Design Standards.

a. The ADU/JADU must have an independent exterior entrance separate from the primary dwelling.

b. If a JADU would not include a separate bathroom, interior entry to the shared bathroom within the primary dwelling shall be provided.

c. The materials and colors of exterior walls, roof, eaves, windows, and doors of an ADU should match those of the primary dwelling. For detached ADUs larger than 800 square feet in floor area, this shall be required.

d. The roof slope of an ADU should match the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof. For detached ADUs larger than 800 square feet in floor area, this shall be required.

7. Native Tree Protection. No ADU or JADU application may include the removal of a protected native tree unless the proposal complies with the requirements of the Native Tree Protection Ordinance, Chapter 12.32 of this title.

8. Parking.

a. Parking requirements for ADUs shall not exceed one parking space per unit or bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway, However, parking requirements shall not be imposed in any of the following instances:

i. For JADUs.

ii. Where the ADU is part of the proposed or existing primary dwelling or an existing accessory structure.

iii. When the ADU is included in an application to create a new single-family dwelling unit or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in this paragraph.

iv. Where the ADU is located within one-half mile walking distance of public transit.

v. Where the ADU is located within an architecturally and historically significant historic district.

vi. When on-street parking permits are required but not offered to the occupant of the ADU.

vii. When there is a car share vehicle located within one block of the ADU.

viii. When the ADU complies with the criteria set forth in Government Code Section 66323.

b. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU/JADU or converted to an ADU/JADU, replacement parking shall not be required.

E. Utilities.

1. Attached ADUs and JADUs on the same lot as a single-family dwelling built pursuant to Government Code Section 66323(a)(1) shall not be required to install a new or separate utility connection unless constructed concurrently with a new single-family dwelling.

2. Unless otherwise specified, construction of a new or proposed ADU over 750 square feet may require new meter connections for water, electric, and gas service. Sewer service may be provided through the primary unit's sewer line, provided that the applicant makes a showing that the existing sewer line has sufficient capacity and slope to ensure proper flow strength for the ADU's sewer output. If sufficient capacity and slope cannot be ensured, the ADU may require a separate sewer line.

F. Fees. The following fees shall apply:

1. Development Impact Fees.

a. No development impact fees are required for an ADU that is less than 750 square feet in floor area.

b. Any development impact fee that is required for an ADU that is 750 square feet or larger in floor area shall be charged proportionately in relation to the square footage of the primary dwelling unit. "Development impact fee" here does not include any connection fee or capacity charge for water or sewer service.

c. These provisions do not apply to ADUs that are constructed concurrently with a new single-family home.

2. Connection Fees. The following connection fees and/or capacity charges for water and sewer are required:

a. None for an attached ADU or JADU pursuant to Government Code Section 66323(a)(1) or an ADU under 750 square feet.

b. If an ADU is required to have new and separate water or sewer meter connections; the connection fee and capacity charge shall be proportionate to the burden of the ADU based upon its square feet and shall not exceed the reasonable cost of providing the service.

G. Application for ADU/JADU. The construction or installation of an ADU/JADU is a ministerial decision as required by state law in accordance with the review and approval scheme set forth in Government Code Sections 66310, et seq. Ministerial approvals are not subject to review at a public hearing. Construction of an ADU shall be subject to administrative (ministerial) review as follows:

1. Submittal of building plans accompanied by the following forms and information:

a. A completed project application form for ADU or JADU, as applicable, provided by the planning department and signed by the owner and applicant (if different from the owner), under penalty of perjury.

b. Materials and information required by the ADU/JADU application checklist, provided by the planning department.

2. Planning department shall verify completeness of materials required and determine applicability of any municipal code requirements and reviews.

3. Exceptions. The standards and regulations for ADUs/JADUs apply to the accessory dwelling unit only. When the accessory dwelling unit is an integral component of a larger project or when other permits are required that are subject to discretionary review by the zoning administrator or planning commission, building permits for the accessory dwelling units may be issued concurrently or after associated approvals for the larger project have been secured.

4. Subsequent to planning department review and approval, building plans and applicable permit application(s) shall be submitted to the building department. No ADU/JADU may be constructed until the building department has issued required permits and approvals necessary for the proposed construction.

(Ord. 03-04 § 3, 2003; Ord. 07-01 § 3, 2007; Ord. 19-03 § 2, 2019; Ord. 20-03 § 2, 2020; Ord. 25-04, 5/22/2025)

§ 19.06.190 Solar panels.

A. When solar panels are located on the roof of an existing building or structure, no zoning clearance shall be required.

B. When solar panels are located on the ground they shall be classified as accessory structures, and shall require zoning clearance (Section 19.08.100).

(Prior code § 19.06.190; Ord. 94-13, 1994)

§ 19.06.200 Swimming pools and spas.

A. Swimming pools, spas, and appurtenant structures shall be classified as accessory uses.

B. Pools, spas, and appurtenant structures shall not be located in the required front or side yard setback area and shall not be closer than five feet of any other property line.

C. Pools and spas shall also be subject to the regulations in the Plumbing Code and the Swimming Pool Fencing regulations of the Uniform Building Code.

D. Solar heating systems shall be required for the heating of any new swimming pool, spa, or hot tub as specified under the Plumbing Code and the Solar Energy requirements of the Buellton Municipal Code.

(Prior code § 19.06.200; Ord. 94-13, 1994)

§ 19.06.210 Temporary second dwellings.

A. In any zone where an existing structure is to be used for dwelling purposes on a temporary basis during the construction on the same lot of another structure to be used for dwelling purposes, a zoning clearance for the new structure may be issued by the director, subject to execution of an agreement by the property owner that the existing structure will be removed, converted or reconverted to a permitted accessory building within three months after the occupancy of the newly constructed dwelling and subject to the receipt by the city of a performance security in an amount designated by the city building official and in form and content acceptable to the city attorney, assuring the performance of the property owner's obligations set forth in the agreement.

B. The use of a trailer as a temporary dwelling during the construction of a permanent residence is subject to the requirements of this chapter.

(Prior code § 19.06.210; Ord. 94-13, 1994)

§ 19.06.220 Temporary real estate offices.

The director may approve a zoning clearance for construction of a temporary tract sales office subject to the following conditions:

A. The office shall be located on one of the recorded lots in the subdivision within which it is located or one of the recorded lots in a subdivision of the same subdivider in the immediate vicinity.

B. The office shall not be permanently attached to the ground and shall be of such a size that it is readily removable unless it is within some portion of a model home, other than the garage, or unless the commission has approved its conversion to a permanent use.

C. So long as it is used as a sales office, it shall not be used for any purpose other than the sale of lots in the particular subdivision within which it is located or for the sale of lots in a subdivision of the same subdivider in the immediate vicinity.

D. The garage of a model home may be used for the office subject to the deposit with the resource management of a performance security, in an amount designated by the planning department, guaranteeing the conversion of the tract office to a garage at the expiration of the permit. No occupancy of the model home for dwelling purposes shall be permitted until the office has been removed or a two car covered garage is provided for the dwelling unit.

E. The permit shall expire after either:

1. Initial sales have been made of all lots within the tract within which it is located or all lots in a subdivision of the same subdivider in the immediate vicinity; or

2. One year after its issuance, whichever is earlier. The permit may be extended by the commission upon application of the subdivider for good cause shown.

F. The applicant shall deposit the sum of $1,000 to assure removal of an office in a separate building after expiration of the permit or any extension thereof. The applicant shall obtain and furnish to the city written permission from the then landowner and all subsequent landowners for the city and its agents to enter upon the land where the office is located to accomplish removal, if the applicant fails to remove the office within 30 days after expiration of the permit or any extension thereof, or after notification from the director if the commission at any time finds that the office is unsightly or has become a public or private nuisance.

(Prior code § 19.06.220; Ord. 94-13, 1994)

§ 19.06.230 Trailers.

A. Limitation on Use. Except as otherwise expressly permitted in this section, in the mobilehome park (MHP) zone district, and in the provisions of the individual zone districts allowing mobilehomes certified under the National Manufactured Home Construction and Safety Standards Act of 1974 (42 USC Section 5401 et seq.), no trailer shall be used for any purpose whatsoever.

B. Temporary Construction Trailers. In all zone districts, trailers which have been converted for use as construction offices, tool storage, or for particular work such as electrical shops, cabinet shops, and other similar uses and which are not used for human habitation during the night are permitted to be maintained on a building site without the requirement of a land use permit during periods of erection of buildings thereon, provided:

1. Building permits have been issued for the buildings;

2. Trailers shall be promptly removed upon completion of construction;

3. No more than three such converted trailers shall be located on any one building site.

C. Temporary Security Trailers for Construction Projects. In all zone districts, during periods of erection of buildings upon building sites, a trailer usable for or designed for human habitation may be maintained on such site for use as a watchman's quarters subject to the issuance of a zoning clearance (Section 19.08.100), provided:

1. Building permits have been issued for the buildings;

2. Only one such trailer shall be permitted on a site; and

3. The trailer shall be promptly removed upon completion of construction or within one year, whichever is earlier.

D. Temporary Security Trailers. In all zone districts, a trailer usable for or designed for human habitation may be permitted to be used as a watchman's quarters for a maximum of two years subject to issuance of a minor use permit (Section 19.08.110) and a zoning clearance (Section 19.08.100), provided:

1. The trailer is accessory to a permanent building, structure, or use;

2. The permittee complies with the State Mobile Home Act;

3. The trailer complies with setbacks and distances between buildings required for buildings or structures;

4. The trailer, when added together with other dwelling units on the lot on which the trailer is located, does not exceed the number of dwellings permitted under the applicable zone district.

E. Temporary Dwelling Use of Trailers During Residential Construction. In all zone districts, a trailer may be used for a single-family dwelling during construction of a residential building for a period of one year or until 30 days after an occupancy permit is issued by a city building official or the building is occupied, whichever is earlier, under a zoning clearance (Section 19.08.100), provided:

1. The one year period shall be reduced by any period during which the trailer has been illegally occupied at the site;

2. The building permit has been issued for the residential building and the foundation inspection has been completed;

3. The permittee complies with the State Mobile Home Act;

4. The trailer complies with the setbacks and distance between buildings required for buildings or structures.

A time extension for the zoning clearance issued under this section may only be granted as a minor use permit (Section 19.08.110).

F. Use of Trailers for Various Purposes. In all zone districts, trailers may be permitted pursuant to a minor use permit (Section 19.08.110), and a zoning clearance (Section 19.08.100):

1. To house any use otherwise permitted under the applicable zoning regulations for a period not to exceed two years for each minor use permit, provided either:

a. The trailer is accessory to a permanent building already on the same site; or

b. A permanent building is under construction or building permits have been issued for a building on the site to house the use and to replace the trailer, and provided further that the permitted period of use for all permits for the same site under (a) above, shall not exceed five years.

2. To house otherwise permitted branch offices of banks or savings and loan associations provided the branch office is licensed as a mobile branch office by the State or Federal Government and all district setbacks are complied with.

G. Use of Trailers as Offices. Trailers may be permitted to be used temporarily primarily for the performance of duties imposed on the owner or lessee of the land in connection with the agricultural activities conducted thereon by federal, state, or county laws or regulations, for the following periods and under the following permits:

1. For less than 30 days without the requirement of a zoning clearance.

2. For 30 days to one year with a zoning clearance.

3. For over one year with a minor use permit (Section 19.08.110) and a zoning clearance (Section 19.08.100).

Any extension of the time limits in this section shall be subject to the approval of the zoning administrator. Permits under subsections (G)(2) and (G)(3) of this section, shall provide that any such trailers shall be removed from the lot within six months after the effective date of any rezoning of the lot on which the trailer is located to a zone district classification other than agriculture.

H. Temporary Farm Worker Housing. Pursuant to a minor use permit under Section 19.08.110 and a zoning clearance under Section 19.08.100 of this title, trailers may be used for a period not to exceed five years as single-family dwellings by workers (either employees or owners) engaged in agriculture on the farm or ranch on which the trailer will be located, provided:

1. The permittee complies with the State Mobile Home Act;

2. The trailer(s) complies with the setbacks and distance between buildings required for buildings or structures;

3. The permittee demonstrates a need for such a trailer(s);

4. The permits provide that the trailer shall be removed from the lot within six months following the effective date of any rezoning of the lot on which the trailer is located to a zone district classification other than agriculture.

I. Storage of Trailers Accessory to a Residential Use. The storage of trailers designed for or capable of human habitation or occupancy shall be classified as an accessory use to a residential use only if the trailer does not exceed eight feet in width, 13 feet six inches in height (as measured from the surface upon which the vehicle stands), and 40 feet in length. All such trailers shall be screened from the view from abutting streets.

J. Emergency Residential Use. If an occupied dwelling is destroyed by an accident or natural disaster, the director may grant a zoning clearance for a 90 day period for emergency use of a trailer as a dwelling, provided that:

1. No trailer is illegally located on the lot; and

2. An application for the temporary use of a trailer has been filed under another subsection of this section.

(Prior code § 19.06.230; Ord. 94-13, 1994)

§ 19.06.240 Temporary uses.

A. General. Except as otherwise provided in this chapter and subject to the requirements prescribed in this section, the following temporary uses may be located in the commercial and industrial zones established by Section 19.02.010 (Zone districts established):

1. Uses and improvements of an inconsequential nature including, but not limited to, Christmas tree sales, outdoor commercial displays and sales, special promotional events and non-charitable auctions. Produce stands are prohibited;

2. Storage of temporary buildings (e.g., housing moving), earth moving equipment, construction vehicles, building materials and similar non-fixable artifacts stored on a site not adjacent to a construction project or building site;

3. Uses and improvements required in emergency situations where delays incident to normal permit processing pursuant to this title would defeat or seriously impair the purposes of an applicant or endanger the public health, safety or welfare;

4. Green Grocer. A green grocer use may be approved subject to the following:

a. A green grocer is defined as an open air market of eight or less booths selling fruit, produce, or other consumable items.

b. The green grocer must be associated with an existing business and located on the property of that business.

c. All the development standards and conditions of subsection C shall apply.

d. The time limits of subsection B do not apply. A green grocer use may be permitted up to ten hours per week on a given site. An annual temporary use permit would be issued and shall be renewed yearly.

e. This use is only allowed in the CR, CS, and M zoning districts.

B. Permitting. Temporary uses listed in subsection A of this section lasting for a duration of not greater than five weeks in any consecutive 12 month period may be approved by the director through a zoning clearance. Where a temporary use occurs or operates for less than seven days within a calendar week, the full calendar week shall be counted against the five week maximum. As used herein, the phrase "calendar week" means Monday through the following Sunday.

C. Conditions. All temporary uses and improvements are subject to the following requirements:

1. Traffic access, parking and on-site circulation shall be provided in sufficient amount and location to accommodate the temporary event;

2. Provisions for fire protection, water supply, sanitation, and related services shall be furnished as necessary and appropriate to service the event;

3. Fencing, walls or other forms of screening shall be furnished as necessary or appropriate to protect adjacent property not otherwise located in a commercial or industrial zone;

4. All activities involving the sale of goods or services shall be subject to the city's business license requirements including, but not limited to, reporting the city of Buellton as the point of sale for all on-site transactions;

5. The object of use or improvement, as well as the site of the temporary event, shall be maintained in a continuous state of good condition and repair for the duration of the event;

6. The site of the temporary event shall be restored to its original vegetative and topographic state immediately upon completion of the event;

7. Food service uses shall comply with all county of Santa Barbara health department requirements;

8. A temporary use consisting of outdoor commercial sales and display shall be limited to five weeks per legal property in any consecutive 12 month period and must occur on a developed site. The use of vacant, unimproved sites shall be prohibited. The zoning clearance shall be filed no earlier than 30 days before the sale. This subsection does not apply to Christmas tree sales.

D. Interpretation. Temporary uses, structures or development not expressly authorized in this section or allowed elsewhere within this chapter may be permitted subject to a determination by the planning commission as to the terms, conditions and permit process by which such use or improvements may be approved.

E. Exemptions. Exemptions to the provisions of this section are as follows:

1. Temporary uses authorized elsewhere under this chapter;

2. Charitable, nonprofit organizations, as determined by the director in accordance with state and federal law, engaged in fund raising activities of six or fewer times per year when such activity is conducted on private property with the consent of the property owner;

3. Temporary produce stands may be allowed with a minor use permit provided that an application for a conditional use permit or development plan has been submitted for an indoor/outdoor farmers market and the temporary produce stand is located on the property that is the subject of the conditional use permit or development plan.

(Ord. 00-08 § 1, 2001; Ord. 06-12 § 17, 2006; Ord. 07-06 § 3, 2007; Ord. 14-01 § 3, 2014)

§ 19.06.250 Mobilehome park conversions to other uses and closures.

A. Prior to conversion of a mobilehome park to another use, except pursuant to the Subdivision Map Act, or prior to closure of a mobilehome park or cessation of use of the land as a mobilehome park, the person or entity proposing the change in use shall file a report on the impact of the conversion, closure, or cessation of use upon the displaced residents of the mobilehome park to be converted or closed. In determining the impact of the conversion, closure, or cessation of use on displaced mobilehome park residents, the report shall address the availability of adequate replacement housing in mobilehome parks and relocation costs. The impact report shall contain, at minimum, the following items:

1. The names, addresses, and mobilehome site identification numbers of all persons owning mobilehomes within the mobilehome park and of all mobilehome park tenants as of the date of application for a change of use or closure.

2. The age, including date of manufacture, or each mobilehome within such park, including the type of mobilehome, width characteristics, size, and number identifying the mobilehome site being occupied.

3. A list of vacant mobilehome sites in comparable mobilehome parks within a ten-mile radius of the park which is the subject of the application or request. The list shall contain a schedule of site rental rates for each park listed and the criteria of the management of each park for acceptance of new tenants and used mobilehomes.

4. A relocation plan, which shall include a timetable for implementing the physical relocation of mobilehomes, implementation of relocation assistance, payment of relocation costs, and conversion of the park to one or more other uses or closure of the park.

5. A listing of the measures proposed to mitigate adverse impacts and of the reasonable costs of relocation of displaced residents.

B. The person proposing the change in use or closure shall provide a copy of the report to the owners and residents of each mobilehome in the mobilehome park and to the city of Buellton. The report shall be provided at least 15 days prior to the required public hearings by the city of Buellton on the impact report and any associated discretionary actions. A statement from the park owner shall be submitted under penalty of perjury that he or she has complied with the noticing requirements of this subsection.

C. All impact reports for either a change of use or closure shall require a public hearing in accordance with Section 19.10.400.

D. The city council shall review the impact report, prior to any change of use or closure, and may require, as a condition of the change or closure, the person or entity to take steps to mitigate any adverse impact of the conversion, closure, or cessation of use on the ability of displaced mobilehome park residents to find adequate housing in a mobilehome park. The steps required to be taken to mitigate shall not exceed the reasonable costs of relocation.

E. If the closure or cessation of use of a mobilehome park results from an adjudication of bankruptcy, the provisions of this section shall not be applicable.

F. The city council may establish reasonable fees to cover any costs incurred by the local agency in implementing this section. Those fees shall be paid by the person or entity proposing the change in use or closure.

G. This section is applicable when the closure, cessation, or change of use is the result of a decision by a local governmental entity or planning agency not to renew a conditional use permit or zoning variance under which the mobilehome park has operated, or as a result of any other zoning or planning decision, action, or inaction. In this case, the local governmental agency is the person proposing the change in use for the purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subsection D of this section.

H. This section is applicable when the closure, cessation, or change in use is the result of a decision by an enforcement agency, as defined in Section 18207 of the Health and Safety Code, to suspend the permit to operate the mobilehome park. In this case, the mobilehome park owner is the person proposing the change of use for purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subsection D of this section.

I. A local agency to which application has been made for the conversion of a mobilehome park to another use shall, at least 30 days prior to a hearing or any other action on the application, inform the applicant in writing of the provisions of Section 798.56 of the Civil Code and all applicable local requirements which impose upon the applicant a duty to notify residents and mobilehome owners of the mobilehome park of the proposed change in use, and shall specify therein the manner in which the applicant shall verify that residents and mobilehome owners of the mobilehome park have been notified of the proposed change in use. Neither a hearing on the application, nor any other action thereon, shall be taken by the local agency before the applicant has satisfactorily verified that the residents and mobilehome owners have been so notified, in the manner prescribed by law or local regulation.

J. This section shall not be applicable to a project which is created from the conversion of a rental mobilehome park to resident ownership.

(Ord. 08-05 § 3, 2008)

§ 19.06.260 Emergency shelters.

Emergency shelters shall comply with the following standards:

A. The property is located more than 300 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 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.

E. 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.

F. The facility must conform to all development standards of the zoning district in which it is located, except as modified by this section; and

G. Emergency shelters are to be available to residents for no more than 60 days. Extensions up to a total stay of 180 days may be provided, if no alternative housing is available; and

H. 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.

(Ord. 10-04 § 4, 2010; Ord. 25-02, 5/8/2025)

§ 19.06.270 Prohibition of cigarette, tobacco, and head shops.

A. No person shall establish, operate, or permit to be operated, a cigarette, tobacco, or head shop in or upon any premises in the city of Buellton. It is a violation of this chapter for any person to knowingly allow property of which he or she is the tenant or owner to be used as a cigarette, tobacco, or head shop.

B. No cigarette, tobacco, or head shop shall be established or located or operated within the city of Buellton, nor shall any building permit, conditional use permit, development plan, zoning clearance, or other entitlement for use be issued for any cigarette, tobacco, or head shop, nor shall any existing uses be modified to add a cigarette, tobacco, or head shop.

C. Definitions. For the purposes of this section, unless otherwise apparent from the context, the following definitions apply:

"Cigarette, tobacco, and head shop"

means a retail use where more than 45% of the square footage of occupied floor area is dedicated to the sale, distribution, delivery, furnishing or marketing of tobacco, tobacco products, and/or tobacco paraphernalia.

"Tobacco paraphernalia"

means paraphernalia, devices, or instruments that are designed or manufactured for the smoking, ingesting, inhaling, or otherwise introducing into the body of tobacco, tobacco products, or controlled substances as defined in California Health and Safety Code Section 11054 et seq.

"Tobacco product"

means any product containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, including any product or formulation of matter containing biologically active amounts of nicotine. Tobacco product does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

(Ord. 13-04 § 3, 2013)

§ 19.06.280 Electric vehicle charging stations.

A. Purpose. The purpose of this section is to provide an expedited, streamlined electric vehicle charging station permitting process that complies with California Government Code Section 65850.7.

B. Definitions. The terms, phrases, and words used in this section shall be construed in compliance with the definitions set forth by California Government Code Section 65850.7, including the following:

"Specific, adverse impact"

means a significant, quantifiable, direct, or unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

C. Applicability.

1. This section applies to the permitting of all electric vehicle charging stations in the city.

2. All electric vehicle charging stations legally established or permitted prior to the effective date of the ordinance codified in this section shall not require a permit issued under this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging station.

3. Routine operations and maintenance or like-kind replacements of the components of an electric vehicle charging station shall not be subject to permitting.

D. Application Process.

1. All documents required for submission of an electric vehicle charging station application shall be made available on the city's website.

2. The city shall provide a checklist of all requirements with which electric vehicle charging stations shall comply in order to be eligible for expedited review.

3. Electronic submittals by utilization of email, the internet or facsimile and electronic signatures shall be accepted on all forms, applications, and other documents submitted.

4. An application that satisfies the information requirements in the checklist, as determined by the city, shall be deemed complete and administratively approved.

5. Upon receipt of an incomplete application, a written correction notice shall be issued detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

6. An application for a charging station shall not be denied unless written findings are made based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives for preventing the adverse impact.

E. Exemption. Charging stations shall be exempt from land use permit requirements, as set forth in Section 19.02.030 of this title, unless a zoning clearance is required per this section.

F. Zoning Clearance.

1. A zoning clearance shall be required if, based on substantial evidence, a finding is made that the charging station would have a specific, adverse impact upon the public health and safety.

2. Any conditions on a zoning clearance approval shall be solely imposed in order to mitigate the specific, adverse impact upon the public health or safety and shall do so at the lowest cost possible.

G. The approval for any electric vehicle charging station application or permit shall not be conditioned on the approval of such a system by an association, as defined by Civil Code Section 4080.

H. Requirements.

1. Regulations applied shall be limited to applicable local, state and federal health and safety requirements necessary to ensure the proposed installation will not have a specific, adverse impact on public health or safety, including, but not limited to, the following:

a. Applicant shall verify the electric vehicle charging station meets all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability, and the Americans with Disabilities Act.

b. Setbacks. No installation shall conflict with required setbacks as set forth in Section 19.04.160 of this title.

c. Signs. All signs proposed as part of the project shall require separate sign approval through the provisions set forth in this title.

d. Noise. If there is substantial evidence that the installation would have an adverse impact to noise levels, the applicant must verify compliance with adopted noise regulations of the city of Buellton, in Section 8.04.030(G) of this code.

e. Easements. No installation shall conflict with existing or proposed easements.

(Ord. 20-05 § 2, 2020)

§ 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.

(Ord. 25-02, 5/8/2025)

§ 19.06.295 Hotels.

A. No use authorized by the city as a hotel or building built or operated as a hotel on or after February 1, 1992, shall be converted to residential use for stays longer than 30 days, without approval by the city council.

1. Any hotel uses which, prior to [April 25, 2026, the effective date of this section], have converted to residential use for stays longer than 30 days shall discontinue rental of rooms for periods greater than 30 days and revert to hotel uses no later than 180 days of the effective date of the ordinance codified in this section. Registration with the city and payment of Transient Occupancy Tax pursuant to Chapter 3.28 of this code shall be made for all rooms rented. Any replacement units required by state law or provisions of this code have already been provided pursuant to the affordable housing agreement for the Polo Village project on McMurray Road for each of the following properties:

a. Farmhouse Motel and adjacent (588 and 590 Avenue of Flags);

b. San Marcos Motel (536 Avenue of Flags);

c. Red Rose Court (435 Avenue of Flags);

d. Country Lane Motel (412 Avenue of Flags).

2. Extensions of the reversion date shall be granted by the city manager for individual units of tenants who have been pre-qualified for rental of units in the Village Senior Apartment project, the Buellton Garden Apartment project, or other nearby housing project, or income qualified and on the waiting list of the Housing Authority of Santa Barbara County. Proof of pre-qualification from the developer/operator of these projects or documentation of waiting list qualification will be required for such extension to be granted. Extensions shall not be granted past the date of final occupancy of the project for which a resident is pre-qualified, or past a date two years from the effective date of the ordinance codified in this section.

3. Hotel operators with long-term tenants which have been granted extensions shall provide a list of rooms housing such tenants as a part of their required Transient Occupancy Tax return to the city beginning on the return for the month of [month following the effective date of this section]. The inclusion of this list may be discontinued when no further long-term rental tenants reside at the hotel.

B. Exception: As identified in the Buellton General Plan Housing Element, the hotel located at 435 Avenue of Flags (currently identified as "Red Rose Court"), may continue to operate as a single room occupancy residential complex offering stays in excess of 30 days.

§ 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.

(Ord. 25-02, 5/8/2025)

§ 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.

(Ord. 25-02, 5/8/2025)

§ 19.06.320 Employee Housing, six 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.

(Ord. 25-02, 5/8/2025)

§ 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 multifamily 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 multifamily 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 one space for every four 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.

(Ord. 25-02, 5/8/2025)