This chapter shall be administered by the planning director under the policy direction of the Buellton city council working with the planning commission and zoning administrator as the duties of each are described by this chapter. As provided by Government Code Section 65100, the functions of a planning agency shall be performed by the Buellton city council, planning commission and planning department.
(Prior code § 19.10.010; Ord. 94-13, 1994)
The planning director shall head the planning department, shall be appointed by the city manager and shall serve at the discretion of the city manager. The planning director shall have the responsibility and authority to perform all the functions described by Government Code Section 65103, and also to carry out any other responsibilities assigned by the council, including, but not limited to, the administration and enforcement of the provisions of this title, and the review of projects pursuant to the California Environmental Quality Act. Except where otherwise provided by this title, the responsibilities of the planning director may also be carried out by planning department employees under the supervision of the director. Wherever this title makes reference to "zoning administrator" or "staff" it is expressly understood that the zoning administrator or staff are acting under the direction and control of the director and that they report directly to the director rather than the planning commission or city council.
(Prior code § 19.10.020; Ord. 94-13, 1994)
The planning director or designee shall serve as a zoning administrator pursuant to the authority established by Government Code Sections 65900 et seq., and as follows:
A. 
Appointment. The planning director shall have the authority to appoint a qualified planning department employee as zoning administrator, who shall serve in that capacity at the discretion of the planning director.
B. 
Duties of Zoning Administrator. The zoning administrator shall serve as a hearing officer and is assigned the authority and original jurisdiction to investigate, consider, and approve or deny applications for minor use permits, variances, and any other matters as specifically provided by this title.
C. 
Referral to Planning Commission. The planning director or zoning administrator may transfer original hearing jurisdiction from the zoning administrator to the commission at their discretion when it is deemed necessary because of policy implications, unique or unusual circumstances, or the magnitude of the project.
D. 
Appeal. Decisions of the zoning administrator may be appealed as provided by Section 19.10.130 of this chapter.
(Prior code § 19.10.030; Ord. 94-13, 1994)
The planning commission established for the city pursuant to Government Code Section 65101 by Chapter 2.08 of the Buellton Municipal Code shall have the authority to perform the duties and functions assigned to it by this title and other titles of this code.
(Prior code § 19.10.040; Ord. 94-13, 1994)
This section establishes the procedures by which changes may be made in both the text of this title and the city zoning map whenever the city council determines that such changes are warranted by the community welfare, the public necessity, and good zoning and planning practices.
A. 
Processing Requirements. Zoning title text amendments and rezonings of property shall be initiated, and applications filed and processed as follows:
1. 
Initiation. Proposals to amend the text of the ordinance codified in this title or to rezone property may be initiated by:
a. 
Resolution of the city council.
b. 
Resolution of the planning commission.
c. 
In the case of zoning title text amendments, application by any person with a substantial interest in the proposed amendment.
d. 
In the case of proposals to change the zoning on any property from one zone to another (rezonings), by application from one or more persons owning property representing at least 50% of the assessed valuation of the property for which the rezoning is sought.
2. 
Application Contents. Applications for zoning title text amendments and rezonings of property shall include the forms provided by the planning department, together with all additional information and materials specified on the "required application contents" list furnished by the planning department with all land use permit applications. Applications for the rezoning of property shall also include any additional materials required by subsection B of this section.
3. 
Application Filing—Consistency Required. Any application filed pursuant to this section that is inconsistent with the use and/or density requirements of this title or the general plan must be accompanied by an application to make the project consistent. The planning department may refuse to accept for processing any application the director finds to be inconsistent with the general plan.
4. 
Environmental Review. After initiation of an amendment and/or acceptance of a complete application by the planning department, the planning department shall process the proposed amendment through environmental review as required by the California Environmental Quality Act (CEQA) and the Buellton CEQA guidelines.
5. 
Planning Commission Hearing and Action. After certification of the final environmental document, the commission shall hold at least one noticed public hearing on the proposal, as provided by Section 19.10.400 of this chapter. The commission's action shall be transmitted to the council as a written recommendation. Such recommendation shall include the reasons for the recommendation.
6. 
City Council Hearing and Action. Upon receipt of the commission recommendation, the council shall hold a public hearing as provided by Section 19.10.400 of this chapter. The council may approve, modify, or disapprove the recommendation of the commission; provided that any modification of the proposed amendment by the council not previously considered by the commission during its hearing, shall first be referred to the commission for report and recommendation, but the commission shall not be required to hold a public hearing thereon. Failure of the commission to report within 40 days after the reference, or such longer period as may be designated by the council, shall be deemed to be approval of the proposed modification.
B. 
Additional Application Materials—Re-zonings. Unless the commission expressly waives the requirement, applications for rezoning to the following districts shall include a preliminary development plan (Section 19.08.120(D)):
1. 
The multifamily residential (RM) district (Section 19.02.140).
2. 
Planned residential development (PRD) district (Section 19.02.150).
3. 
Mobilehome planned development (MHP) district (Section 19.02.160).
4. 
The neighborhood commercial (CN) district (Section 19.02.230).
5. 
General commercial (CR) district (Section 19.02.220).
6. 
Industrial/manufacturing (M) district (Section 19.02.320).
7. 
Recreation (REC) district (Section 19.02.330).
C. 
Findings Required for Approval of Text Amendment or Rezone. In order for the commission to recommend approval or for the council to approve a rezoning or zoning title text amendment, the following findings shall be made by the commission and council:
1. 
The request is in the interests of the general community welfare.
2. 
The request is consistent with the general plan, the requirements of state planning and zoning laws, and this title.
3. 
The request is consistent with good zoning and planning practices.
(Prior code § 19.10.110; Ord. 94-13, 1994)
A. 
Purpose and Intent. This section provides for variances from the strict application of the regulations of this title on land, buildings, and structures, where, because of extraordinary conditions such as the size, shape, unusual topography, or other situation or condition of such property, the literal enforcement of this title would impose practical difficulties or would cause undue hardship unnecessary to carry out the intent and purpose of this title.
B. 
Applicability. Variances may be granted pursuant to this section only as follows:
1. 
In no case shall a variance be granted to permit a use or activity which is not otherwise permitted in the district in which the property is located.
2. 
Variances may only be granted from the regulations on land, buildings, and structures, and no variances may be granted from the procedural regulations of this title.
C. 
Jurisdiction. Upon making the findings required under this section, the planning commission may approve or conditionally approve variances to the regulations applicable to physical standards for land, buildings, and structures contained in this title. However, if a variance is submitted in conjunction with an application for a general plan amendment, rezoning, tentative map or any other entitlement which requires final action by the city council, the planning commission shall recommend approval, conditional approval, or denial to the city council. The planning department shall provide to the city clerk the recommendation of the planning commission, together with all forms of notice required, in accordance with Section 19.10.400 of this title, of the time and place of a public hearing before the city council to consider the applications. The city clerk shall set the matter for public hearing and cause to be published all required notices for the public hearing on the applications. The decision of the city council shall be final.
D. 
Application Contents. Applications for variances shall include the forms provided by the planning department, together with all additional information and materials specified on the "required application contents" list furnished by the planning department with all land use permit applications.
E. 
Processing.
1. 
An application filed pursuant to this section that is inconsistent with the use and/or density requirements of this title or the adopted general plan must incorporate measures or be accompanied by any other application necessary to make the project consistent. The planning department may refuse to accept for processing any application the director finds to be inconsistent with the general plan.
2. 
The planning commission shall hold at least one noticed public hearing on the requested variance and either approve, conditionally approve, or deny the request. Notice of the hearing shall be given as provided by Section 19.10.400 of this chapter.
3. 
In granting a variance, the planning commission may require such conditions as deemed necessary to assure that the intent and purpose of this title and the public health, safety, and welfare will be promoted.
4. 
The planning commission's action is final, subject to appeal to the council as provided in Section 19.10.130.
F. 
Findings Required for Approval. A variance shall only be approved if all of the following findings are made:
1. 
Because of special circumstances applicable to the property, including, but not limited to, size, shape, topography, location or surroundings, the strict application of the zoning title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
2. 
The granting of the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other property in the vicinity and zone in which such property is situated.
3. 
That the granting of the variance will not be in conflict with the intent and purpose of this title or the general plan.
4. 
The applicant agrees in writing to comply with all conditions imposed by the city in the granting of the variance.
G. 
Time Limits. A variance shall expire and become void two years after its approval unless, prior to the expiration date, a building permit has been obtained and substantial physical construction has been completed on the site in compliance with the variance, or a time extension has been applied for by the applicant. The zoning administrator may, upon good cause shown, grant a single time extension of one year.
(Prior code § 19.10.120; Ord. 94-13, 1994; Ord. 01-04 § 7, 2002)
Decisions of the planning director, zoning administrator, and the commission may be appealed by an applicant or any aggrieved person as provided by this section.
A. 
Appeals to the Planning Commission. Decisions of the director on the issuance, revocation, or modification of zoning clearances, minor use permits, development plans, or sign exemptions or adaptive retrofit permits may be appealed to the commission, as follows:
1. 
The appeal, which shall be in writing, and accompanying fee (Section 19.01.060) must be filed with the planning department within ten calendar days of the date of the decision of the planning department.
2. 
The appellant shall state specifically in the appeal how the decision of the planning department is inconsistent with the purposes of this title or otherwise in error.
3. 
Prior to a hearing on the appeal, the planning department shall transmit to the commission copies of the permit application including all maps and data and a statement setting forth the reasons for the decision by the planning department.
4. 
In reviewing an appeal, the commission may consider any zoning title issue involving the proposal, in addition to the specific points raised in the appeal. The commission shall affirm, reverse, or modify the decision of the planning department at a public hearing. Notice of the hearing shall be given as provided by Section 19.10.400, and notice shall also be mailed to the appellant.
B. 
Appeals to the City Council. Decisions of the commission or zoning administrator may be appealed to the council by the applicant or any interested person adversely affected by the decision, as follows:
1. 
The appeal, which shall be in writing, and accompanying fee (Section 19.01.060) must be filed with the city clerk within ten calendar days of the date of the commission's or zoning administrator's decision. In the case of a conditional use permit, in addition to an appeal by the applicant or other persons, within 12 days after the decision of the zoning administrator or the commission, the council may appeal the decision by a majority of the council setting an appeal for noticed public hearing before the council.
2. 
The appellant shall state specifically in the appeal how the decision of the commission or zoning administrator is inconsistent with the purposes of this title or otherwise in error.
3. 
Prior to the hearing on the appeal, the city clerk shall notify the commission or zoning administrator that an appeal has been filed. The commission or zoning administrator shall then transmit to the council copies of the application including all maps and data and a statement of findings setting forth the reasons for the decision by the commission or zoning administrator.
4. 
In reviewing an appeal, the council may consider any zoning ordinance issue involving the proposal, in addition to the specific points raised in the appeal. The council shall affirm, reverse, or modify the decision of the commission or zoning administrator considered at a public hearing. Notice of the hearing shall be given as provided by Section 19.10.400 of this chapter, and notice shall also be mailed to the appellant.
(Prior code § 19.10.130; Ord. 94-13, 1994; Ord. 06-10 § 2(F)(5), 2006)
A. 
A certification for review for any discretionary application under this chapter may be initiated by the city manager, the city attorney, or any member of the city council, subject to the following:
1. 
Timing. Certification for review may be filed:
a. 
By the city manager or city attorney at any time before the decision-making authority for the application has acted; or
b. 
By the city manager, city attorney, or any member of the city council after the decision-making authority for the application has acted on the application but must be filed at least one calendar day before the period for an appeal ends under Section 19.10.130.
2. 
Rationale. The certification for review must be accompanied by a statement that the filer believes that such decision involves a matter of such interest, import, precedent, or significance that such decision should, as a matter of policy and planning, be made by the city council.
3. 
Effect. Neither a certification for review nor the filer's statement is deemed to provide support for, or opposition to, a discretionary application.
4. 
Recusal. A person authorized to initiate a certification for review may not use the certification for review process for a discretionary application for which he or she is required to be recused, but may use the process for appeal, pursuant to Section 19.10.130.
5. 
Process for Review.
a. 
In the event that certification for review has been filed prior to the action of the decision-making authority, the city council shall consider the matter(s) described in the statement required in subsection (A)(2) of this section, and shall, at a noticed public hearing, make a determination only regarding such matter(s). Following this determination the discretionary application shall be remanded back to the decision-making authority, along with a written explanation of the matter(s) considered by the city council and the determinations made, which shall be considered by the authority in making its decision. A subsequent certification for review may be filed for the application pursuant to subsection (A)(1)(b) of this section.
b. 
In the event that certification for review has been filed following the action of the decision-making authority, the city council shall, at a noticed public hearing, consider the matter(s) described in subsection (A)(2) of this section, make an appropriate determination on the matter(s), and then shall apply that determination to the project to either uphold, modify, or reverse the decision-making authority's action.
(Ord. 24-01, 3/28/2024)
Within the districts established by this title, or amendments that may later be adopted, there exist lots, structures, and land uses that were lawful prior to the adoption, revision, or amendment of this title, but which would be prohibited, regulated, or restricted under the terms of this title or future amendments. It is the intent of this title to discourage the long term continuance of such nonconformities, but to permit them to exist under limited conditions. It is further the intent of this title to prevent nonconforming uses and structures from being enlarged, expanded, or extended, or being used as grounds for adding other structures or uses prohibited by the district in which the nonconformity is located.
A. 
Nonconforming Uses of Land, Buildings, and Structures. A nonconforming use may be continued subject to the following regulations, so long as such use remains otherwise lawful.
1. 
Structural Change. No existing building or structure devoted to a nonconforming use under this title shall be enlarged, extended, reconstructed, moved, or structurally altered unless such use is changed to a use permitted in the district in which it is located. No building or structure accessory to a nonconforming use under this title shall be erected, enlarged, or extended unless such building or structure is also accessory to a conforming use.
2. 
Extension or Expansion. A nonconforming use may be extended throughout an existing building provided no structural alterations except those required by law or title (i.e., building code regulations) are made therein. No nonconforming use shall be extended to occupy any land outside such building. No existing nonconforming use of land outside buildings, or involving no buildings, shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the use became nonconforming, or moved to any portion of the lot not occupied by such nonconforming use at such time.
3. 
Change of Use. A nonconforming use may only be changed to a conforming use.
4. 
Discontinuance. If a nonconforming use is abandoned, any future use shall comply with the provisions of the zone in which the use is located. Proof of discontinuance of a nonconforming use for 12 consecutive months shall be prima facie evidence that the nonconforming use has been abandoned.
5. 
Damage.
a. 
Where structures, other than residential, are involved in a nonconforming use that are collectively damaged by fire, flood, earthquake or other natural disaster to an extent of 75% or more of replacement cost at the time of the damage, as determined by the planning department, the nonconforming use shall be discontinued and the damaged structure thereafter used in accordance with regulations of the district in which it is located unless the zoning administrator finds that the adverse impact upon the neighborhood would be less than the hardship which would be suffered by the owner of the structure should restoration of the nonconforming use be denied. Where damage is to an extent of less than 75%, such structures may be restored to the same or lesser size and in the same location, provided, however, that restoration shall commence within 12 months of the time of damage and be diligently carried to completion, and the nonconforming use may be resumed and continued as before or on a lesser scale, but shall not be enlarged or intensified.
b. 
Where buildings or structures dedicated to nonconforming residential dwelling uses, except in industrial zones, are damaged or destroyed by fire, flood, earthquake or other natural disaster, such structures may be reconstructed to the same or lesser size and in the same general footprint location, provided that reconstruction shall commence within 12 months of the time of damage and be diligently carried to completion. The nonconforming residential dwelling use may be restored and continued as before, or on a lesser scale, but shall not be enlarged, expanded or intensified (e.g., an increase in gross square footage).
B. 
Nonconforming Buildings and Structures. If a building or structure is conforming as to its use but nonconforming as to setbacks, height, lot coverage, parking, or other requirements concerning the building or structure, such structure may remain so long as it is otherwise lawful, subject to the following regulations.
1. 
Extension or Expansion. A nonconforming structure may be enlarged, extended, moved, or structurally altered provided that any such extension, enlargement, etc., complies with the setback, height, lot coverage, parking, and other requirements of the zone district in which such structure is located. No living quarters may be extended into an accessory building located in the required front, side, or rear yards by such addition or enlargement.
2. 
Damage.
a. 
If a nonconforming structure, other than residential, is damaged by fire, flood, earthquake, or other natural disaster to an extent of not more than 75% of the replacement cost at the time of damage, as determined by the planning department, such structure may be reconstructed to the same or lesser size on the same site, provided such reconstruction shall commence within 12 months of the time of damage and be diligently carried to completion. Where such nonconforming structure is damaged to an extent greater than 75% of the replacement cost, it may not be restored unless the zoning administrator finds that the adverse impact upon the neighborhood would be less than the hardship which would be suffered by the owner of the structure should restoration of the nonconforming structure be denied.
b. 
Where the reconstruction permitted in (B)(2)(a) of this section, does not commence within the specified 12 months, such structure shall not be reconstructed except in conformity with the regulations of this title.
c. 
Where buildings or structures dedicated to nonconforming residential dwelling uses, except in industrial zones, are damaged or destroyed by fire, flood, earthquakes, or other natural disasters, such structures may be reconstructed to the same or lesser size and in the same general footprint location, provided that reconstruction shall commence within 12 months of the time of damage and be diligently carried to completion. The nonconforming residential dwelling use may be resumed and continued as before, or on a lesser scale, but shall not be enlarged, expanded, or intensified (e.g., an increase in gross square footage).
C. 
Termination of Nonconforming Uses. In addition to the provisions for termination of certain nonconforming uses contained elsewhere in this chapter, any nonconforming use or uses of either land or buildings or both may be ordered terminated by the council after a public hearing as provided in subsection E of this section if one or more of the three following conditions is found to apply to any such nonconforming use or uses.
1. 
That the condition of the improvements, if any, on the property are such that to require the property to be used only for those uses permitted in the zone where it is located would not impair the constitutional rights of any person; or
2. 
That the nature of the improvements are such that they can be altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person; or
3. 
Except in the case of a dedicated cemetery, that the nonconforming use is detrimental to the public health or safety or is a public nuisance.
D. 
Unpermitted Expansion of Nonconforming Uses. After a public hearing as provided in subsection E of this section, an expansion of or change in a nonconforming use of buildings or land, or both, not expressly permitted under and strictly in accordance with the terms of this title and especially this section, nor required by law, may be ordered terminated by the council.
E. 
Termination Procedure. All nonconforming uses to be terminated under the provisions of this chapter may be ordered terminated by the council upon following the procedure prescribed in this section. Any noncompliance with an order of termination of the council made pursuant hereto, as well as any continuance of any nonconforming use beyond the express period of time prescribed in this section shall be deemed a violation of the terms of this title.
1. 
Initiation of Proceedings. Upon recommendation of the commission, or upon petition by a person or persons affected by a nonconforming use of buildings or land or both, or on its own initiative, the council may set a date for, and call a public hearing to determine whether or not a nonconforming use of land or buildings or both, or an unpermitted expansion of or change in such use should not be ordered terminated.
2. 
Notice. Fifteen days notice of a termination hearing shall be given by publication once in a newspaper of general circulation in the city, and by service upon the owner or owners of the land and upon the person operating or maintaining such nonconforming use, if not the owner. Service of such notice shall be either personal or by mail addressed to the last known address of the person to be served. The notice shall specify the date, time and place of said hearing and shall specify the grounds on which the nonconforming use or changes or expansion thereof is sought to be terminated.
3. 
Hearings. All hearings held under this section by the council shall be open to the general public, be presided over by the chair, vice-chair or acting chair of the council, and the proceedings shall be taperecorded.
a. 
The owner or owners, the party or parties maintaining the nonconforming use, the council and all other interested persons may be represented by attorneys of their own choosing, may submit written and oral evidence, provided that oral evidence shall be taken only on oath or affirmation, may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses or any matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called him or her to testify and to rebut the evidence against him or her. If the person or persons maintaining the nonconforming use do not testify in their own behalf they may be called and examined as if under cross-examination.
b. 
The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions and irrelevant and unduly repetitious evidence shall be excluded.
c. 
Hearings may be continued from time to time by the council.
4. 
Action by Council. The council shall render its decision in writing, containing findings of fact, within 30 days after the date on which the public hearing was completed and closed. It shall deliver copies by mail or personally to the parties concerned in the hearing. Failure to so render such decision within the 30 days or any extension thereof stipulated to by the parties shall be deemed to permit the continuance of the nonconforming use or the expansion thereof or change thereto, which was the subject of said hearing. The decision shall, if it ordered the nonconforming use, or change thereto or expansion thereof terminated, specify such time within which the person so maintaining such nonconforming use or change thereto or expansion thereof, shall so terminate as the council deems reasonable and proper under the circumstances.
(Prior code § 19.10.200; Ord. 94-13, 1994; Ord. 97-02 § II(5, 6, 7, 8), 1997)
This section establishes procedures for the enforcement of the provisions of this title. The enforcement procedures are intended to support timely correction of nuisances and violations of the provisions of this code while assuring due process of law in the abatement or correction of such nuisances and violations.
A. 
Investigation. The director, or any person within the planning department authorized by the director, is authorized to investigate all reported or apparent violations of any of the provisions of this title. If a violation is determined to exist or to be impending, the director is authorized to take such measures as deemed necessary or expedient to enforce and secure compliance with the provisions of this title.
1. 
Cooperation of Other Officials. The director or designated agents may request, and shall receive, the assistance and cooperation of other officials of the city to assist in the discharge of their duties.
2. 
Right of Entry and Inspection. As provided by California Government Code Section 65105, the director may enter at all reasonable times any building, structure, or premises in the city for the purpose of carrying out any act necessary to perform any duty imposed by this title. Upon request the director shall provide adequate identification. Except under exigent circumstances, an inspection warrant shall be obtained if entry is refused.
3. 
Liability. The director or any other person charged with the enforcement of this title, if acting in good faith and within the course and scope of his or her employment, shall not thereby be liable personally, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as the result of, or by reason of, any act or omission occurring in the discharge of his or her duties. Any suit brought against the director, or his or her agents or employees, because of such act or omission, performed in the enforcement of any provision of this title, shall be defended by the city attorney of the city.
B. 
Work Stoppage. Where any building construction work is being done contrary to the provisions of this title, the director may order the work stopped by giving notice in writing and serving such notice and order on any persons engaged in doing or causing such work to be done. Any such persons, their agents, employees, or servants, shall forthwith stop such work until such time as recommencement is authorized by the director.
C. 
Referral for Legal Action. If unable to otherwise enforce the terms of this title, the director shall refer the matter to the district attorney and/or city attorney of the city for appropriate legal action.
D. 
Legal Actions. The city may choose to undertake any of the following legal actions to secure correction and/or abatement of nuisances or violations of this title.
1. 
Civil Actions.
a. 
Public Nuisance. Any building or structure that is set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title, and any use of any lands, building, or premises established, conducted, operated, or maintained contrary to the provisions of this title, shall be and the same is declared to be unlawful and a public nuisance.
b. 
Injunctive Relief. Whenever, in the judgment of the director, any person, firm, or corporation is engaged in or is about to engage in any act or practice which constitute or will constitute a violation of any provision of this title or any rule, regulation, order, or permit issued thereunder, and at the request of the director, the district attorney or city attorney may make application to the superior court for an order enjoining such act or practice, or for an order directing compliance, and upon a showing by the department that such person, firm, or corporation has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order may be granted.
c. 
Abatement. In the event that any person, firm, or corporation shall fail to abate a violation hereunder after notice of same and opportunity to correct or end the violation, the director of the planning department may request the city attorney or district attorney to apply to the superior court of Santa Barbara County for an order authorizing the planning department to undertake those actions necessary to abate the violation and requiring the violator to pay for the costs of such undertaking.
2. 
Civil Remedies and Penalties.
a. 
Civil Penalties. Any person, whether acting as principal, agent, employee, or otherwise, who wilfully violates the provisions of this title or any rule, regulation, order, or permit issued thereunder, shall be liable for a civil penalty not to exceed $25,000 for each day that the violation continues to exist.
b. 
Costs and Damages. Any person, whether as principal, agent, employee, or otherwise, violating any provisions of this title or the rules, regulations, orders, or permits issued hereunder, shall be liable to the city for the costs incurred and the damages suffered by the city, its agents, and agencies as a direct and proximate result of such violations.
c. 
Procedure. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the violator, whether corporate or individual, and any corrective action taken by defendant.
3. 
Criminal Actions and Penalties.
a. 
Infractions. Any person, firm, or corporation, whether as a principal, agent, employee, or otherwise, violating any provisions of this title, or the rules, regulations, orders, or permits issued thereunder, shall be guilty of an infraction, and upon conviction thereof, shall be punishable by:
i. 
A fine not exceeding $100 for a first violation;
ii. 
A fine not exceeding $200 for a second violation of the same ordinance within one year; and
iii. 
A fine not exceeding $500 for each additional violation of the same ordinance within one year.
b. 
Misdemeanors. Any offense that would otherwise be an infraction may, at the discretion of the district attorney or city attorney, be filed as a misdemeanor if the defendant has been convicted of two or more violations of any of the provisions of this title within the twelve-month period immediately preceding the commission of the offense or has been convicted of three or more violations of any of the provisions of this title within the twenty-four-month period immediately preceding the commission of the offense. Upon conviction of a misdemeanor the punishment shall be a fine of not less than $500 nor more than $25,000 or imprisonment in the county jail for a period not to exceed 60 days or by both such fine and imprisonment, except that where such prior convictions are alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury, the punishment shall be a fine of no less than $1,000 nor more than $25,000 or by imprisonment in the county jail for a period not to exceed six months or by both such fine and imprisonment.
c. 
Violations. Each and every day during any portion of which any violation of this article or the rules, regulations, orders, or permits issued thereunder, is committed, continued or permitted by such person, firm, or corporation shall be deemed a separate and distinct offense.
4. 
Cumulative Remedies and Penalties. The remedies or penalties provided by this title are cumulative to each other and to the remedies or penalties available under all other laws of this state.
E. 
Recovery of Costs. This section establishes procedures for the recovery of administrative costs, including staff time expended on the enforcement of the provisions of this title in cases where no permit is required in order to cure a violation. The intent of this section is to recoup administrative costs reasonably related to enforcement.
1. 
Record of Costs. The planning department shall maintain records of all administrative costs, incurred by responsible city departments, associated with the processing of violations and enforcement of this title and shall recover such costs from the property owner as provided herein. Staff time shall be calculated at an hourly rate as established and revised from time to time by the council.
2. 
Notice. Upon investigation and a determination that a violation of any of the provisions of this title is found to exist, the director, or any person within the department authorized by the director, shall notify the record owner or any person having possession or control of the subject property by mail of the existence of the violation, the department's intent to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing on objections thereto. The notice shall be in a form approved by the city attorney.
3. 
Summary of Costs and Notice. At the conclusion of the case, the director shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the subject property by certified mail. The summary shall include a notice in a form approved by the city attorney, advising the responsible party of their right to request a hearing on the charges for city cost recovery within ten days of the date of the notice, and that if no such request for hearing is filed, the responsible party will be liable for the charges. In the event that (a) no request for hearing is timely filed or, (b) after a hearing the director affirms the validity of the costs, the property owner or person in control and possession shall be liable to the city in the amount stated in the summary or any lesser amount as determined by the director. These costs shall be recoverable in a civil action in the name of the city, in any court of competent jurisdiction within the city.
4. 
Request for Hearing on Costs. Any property owner, or other person having possession and control thereof, who receives a summary of costs under this section shall have the right to a hearing before the director on his or her objections to the proposed costs in accordance with the procedures set forth herein.
a. 
A request for hearing shall be filed with the department within ten days of the service by mail of the department's summary of costs, on a form provided by the department.
b. 
Within 30 days of the filing of the request, and on ten days written notice to the owner, the director shall hold a hearing on the owner's objections, and determine the validity thereof.
c. 
In determining the validity of the costs, the director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include, but are not limited to, the following: whether the present owner created the violation; whether there is a present ability to correct the violation; whether the owner moved promptly to correct the violation; the degree of cooperation provided by the owner; whether reasonable minds can differ as to whether a violation exists.
d. 
The director's decision shall be appealable to the council as provided by Section 19.10.130 of this chapter.
F. 
Processing Fee Assessment. Any person who shall erect, construct, alter, enlarge, move or maintain any building or structure, or institute a use for which a permit is required by this title without first having obtained a permit therefor, shall, if subsequently granted a permit for that building, structure or use, or any related building, structure or use on the property, first pay such additional permit processing fees as established by council resolution.
G. 
Violations of Conditions—Penalty. If any portion of a privilege authorized by a variance, conditional use permit, development plan or other permit approved under this title is utilized, the conditions of the variance, conditional use permit, development plan or other permit approved under this title, immediately become effective and must be strictly complied with. The violation of any valid condition imposed by the commission, council, zoning administrator, or planning department in connection with the granting of any variance, conditional use permit, development permit, or other permit taken pursuant to the authority of this title shall constitute a violation and shall be subject to the same penalties as defined in this section.
(Prior code § 19.10.300; Ord. 94-13, 1994)
When a public hearing is required by this title, public notice shall be given and the hearing shall be conducted as provided by this section.
A. 
Notice of Hearing. Notice of a public hearing shall be given as follows:
1. 
Content of Notice. Notice of a public hearing shall include: the date, time and place of the hearing; the name of hearing body; a general explanation of the matter to be considered; a general description, in text or by diagram, of the location of the real property that is the subject of the hearing. If a proposed negative declaration or final environmental impact report has been prepared for the project pursuant to the city of Buellton CEQA guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the proposed negative declaration or certification of the final environmental impact report (EIR).
2. 
Method of Notice Distribution. Notice of a public hearing required by this chapter for a permit, permit amendment, appeal, or zoning title amendment shall be given as follows, as required by Government Code Sections 65090 and 65091:
a. 
Notice shall be published at least once in a newspaper of general circulation in the city at least ten days before the hearing.
b. 
Notice shall be mailed or delivered at least ten days before the hearing to:
i. 
The owner(s) of the property being considered or the owners agent, and the applicant.
ii. 
Each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide such facilities and services may be significantly affected.
iii. 
All owners of real property as shown on the latest equalized assessment roll within 300 feet of the property that is the subject of the hearing.
iv. 
Any person who has filed a written request for notice with the planning director and has paid the fee set by the most current planning department fee schedule for such notice.
If the number of property owners to whom notice would be mailed is more than 1,000, the planning director may choose to provide the alternate notice allowed by Government Code Section 65091(a)(3).
3. 
Additional Notice. In addition to the types of notice required by subsection (A)(2) of this section, the director may also provide any notice with content or using a distribution method as the director determines is necessary or desirable.
B. 
Scheduling of Hearing. After the completion of any environmental documents required by the California Environmental Quality Act (CEQA) and a planning department staff report, the matter shall be scheduled for public hearing on the next available zoning administrator, commission or council agenda (as applicable) reserved for such matters, but no sooner than 21 days after the posting of a proposed negative declaration. At the discretion of the hearing body, a public hearing may be continued from its scheduled date to a future date as provided by subsection C of this section.
C. 
Notice of City Action When Hearing Continued. If a decision on a permit or amendment is continued by the city to a time that is neither previously stated in the public notice of the hearing, nor announced at the hearing as a time certain, the city shall provide notice of the further hearings (or action on the permit) in the same manner and within the same time limits as provided by subsection A of this section.
D. 
Conduct of Hearing. At the public hearing, interested persons may present information and testimony about the proposed project or amendment. Applications may be scheduled for separate action, or a consent agenda may be used where several applications may be considered and decided at one time.
(Prior code § 19.10.400; Ord. 94-13, 1994)
A. 
Purpose. In accordance with federal and state fair housing laws, the purpose of this section is to allow for reasonable accommodations in the city's zoning regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. The intent is to alleviate the need for a variance request for a reasonable accommodation as described herein.
B. 
Applicability and Definitions.
1. 
"Reasonable accommodation" in the zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of zoning policies, practices, and procedures, including, but not limited to, accommodations or modifications, or waivers of certain requirements, when it is necessary to eliminate barriers to equal housing opportunities.
2. 
Typical improvements which may be considered for reasonable accommodation provisions include elevators or other mechanical access devices, handrails, ramps, walls, hardscape additions, and other similar accessibility improvements necessary to accommodate an individual's disability. Reasonable accommodations may include, but are not limited to:
a. 
Adjustments to encroachment allowances, floor area provisions, height and setback requirements.
b. 
Adjustments to requirements for buffers, fences, walls and screening requirements.
c. 
Allowing hardscape additions such as widening driveways, parking areas or walkways that would otherwise not comply with landscape, lot coverage, or open space provisions.
3. 
An "individual with a disability" is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.
4. 
A request for reasonable accommodation may be made by an individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a zoning regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.
C. 
Notice to the Public of Availability of Accommodation Process. Notice of the availability of the reasonable accommodation process shall be prominently displayed at public information counters in the planning and building departments, the city clerk's office, and on the city's website, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the planning and building and safety departments, the city clerk's office, and on the city's website.
D. 
Requesting Reasonable Accommodation.
1. 
Any eligible person, as defined in subsection B of this section, may request a reasonable accommodation in zoning regulations, policies, practices, and procedures.
2. 
Requests for reasonable accommodation shall be in writing on an application provided by the city which provides the following information:
a. 
Documentation that the applicant is: (i) a person with a disability, (ii) applying on behalf of one or more persons with a disability, or (iii) a developer or provider of housing for one or more persons with a disability. Documentation may include a letter from a medical doctor or other licensed health care professional, a disabled license or any other appropriate evidence, consistent with the fair housing laws;
b. 
Name and address of the individual(s) requesting reasonable accommodation or modification;
c. 
Name and address of the property owner(s);
d. 
Address of the property for which accommodation or modification is requested;
e. 
Description of the requested accommodation, modification, or waiver, and the specific code section, regulation(s), policy or procedure for which accommodation, modification, or waiver is sought, and;
f. 
Explanation that the specific requested accommodation is necessary to provide for the individual(s) with the disability an equal opportunity to use and enjoy the dwelling, including an identifiable relationship, or nexus, between the requested accommodation or modification and the functional limitations caused by the individual's disability; and
g. 
Where applicable, documentation that the requested modification is designed and constructed pursuant to Title 24 of the California Code of Regulations to allow access, circulations and full use of the building and facilities by persons with disabilities.
h. 
Any other information that the planning director reasonably determines is necessary for evaluating the request for reasonable accommodation.
3. 
Any information identified by an applicant as confidential shall be retained in manner so as to respect the privacy rights if the applicant and shall not be made available for public inspection, to the extent allowed by law.
4. 
A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation or modification may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.
5. 
If an individual needs assistance in making the request for reasonable accommodation, the city will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative.
E. 
Reviewing Authority.
1. 
Requests for reasonable accommodation shall be reviewed by the planning director, using the criteria set forth in subsection F of this section.
2. 
The planning director shall issue a written decision on a request for reasonable accommodation within 30 days of the day of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in subsection F of this section.
3. 
If necessary to reach a determination on the request for reasonable accommodation, the planning director may request further information from the applicant consistent with fair housing laws and other provisions of applicable law, specifying in detail the information that is required. In the event that a request for additional information is made, the 30 day period to issue a decision is stayed until the applicant responds to the request.
F. 
Required Findings. The request for a reasonable accommodation shall be approved, with or without conditions, if the planning director finds that all of the following findings can be made:
1. 
The requested accommodation is requested by or on behalf of one or more individuals with a disability protected under the fair housing laws;
2. 
The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling;
3. 
The requested accommodation will not impose an undue financial or administrative burden on the city as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law.
4. 
The requested accommodation will not result a fundamental alteration in the nature of the city's zoning regulations, policies, and procedures, as "fundamental alteration" is defined the fair housing laws and interpretive case law; and
5. 
The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of others or cause substantial physical damage to the property of others.
In making these findings, the planning director may approve alternative reasonable accommodations or modifications that provide an equivalent level of benefit to the applicant.
G. 
Written Decision on the Request for Reasonable Accommodation.
1. 
The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the planning director's findings on the criteria set forth in subsection F of this section. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.
2. 
The written decision of the planning director shall be final unless an applicant appeals it to the planning commission, pursuant to subsection H of this section.
3. 
If the planning director fails to render a written decision on the request for reasonable accommodation within 30 day time period allotted by subsection E of this section, the request shall be deemed granted.
4. 
While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
5. 
In granting a request for reasonable accommodation, the planning director may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation or modification will comply with the findings required by subsection F of this section. Such conditions may include, but are not limited to: (a) that the reasonable accommodation shall only be applicable to the specific use for which the application is made; (b) that a reasonable accommodation involving an exterior physical improvement or structure is designed to be substantially similar to the architectural character, colors, and texture of materials of the existing structures on site; (c) that the reasonable accommodation shall be designed in accordance with the currently adopted California Building Code, and subject to any and all permit and inspection requirements of the Santa Barbara County Building and Safety Division; and (d) that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to afford the individual with a disability for whom the reasonable accommodation was granted the use and enjoyment of the dwelling. If it is determined that the associated development is occurring in violation of any such conditions, the planning director may revoke the reasonable accommodation approval.
H. 
Appeals.
1. 
Within 30 days of the date of the planning director's written decision, an applicant may appeal an adverse decision to the planning commission with the accompanying fee established by resolution of the city council.
2. 
If an individual needs assistance in filing an appeal on an adverse decision, the city will provide assistance to ensure that the appeals process is accessible.
3. 
All appeals shall contain a statement of the ground for the appeal. Any information identified by an applicant as confidential shall be retained in a manner as to respect the privacy rights of the applicant and shall not be made available for public inspection, to the extent allowed by law.
4. 
Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.
I. 
Fees. A fee shall not be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the applicant shall pay the prescribed fee for the other discretionary permit(s) in compliance with the city's fee schedule adopted by resolution.
(Ord. 25-02, 5/8/2025)