As used in this chapter:
"Abut"means to physically touch or border upon; or to share a common property line.
"Accessory building or structure"means a building or structure, excluding an accessory dwelling unit, containing no kitchen and located upon the same building site as the building or use to which it is accessory, the use of which is customarily incidental, appropriate and subordinate to the use of the principal building, or to the principal use of the land.
"Accessory dwelling unit" or "ADU"means an attached or detached residential dwelling unit that provides complete, independent living facilities for one or more persons, and includes permanent provisions for living, sleeping, eating, cooking (i.e., stove, refrigerator, and sink), and sanitation (i.e., bathroom with shower or bathtub) on the same parcel as the existing or proposed single-family dwelling (primary unit) is situated. An ADU also includes the following: (1) an efficiency unit, as defined in Health and Safety Code Section
17958.1; and (2) a manufactured home, as defined in Health and Safety Code Section
18007.
means a use that is incidental, related, appropriate and clearly subordinate to the main use of the lot or building, and which does not alter the principal use of the subject lot or adversely affect other properties in the zone.
"Affordable housing agreement"means a legally binding agreement between a developer and the city to ensure that the requirements of this chapter are satisfied. The agreement, among other things, establishes the number and location of affordable units, target households, production schedule, retention period and development standards. See Section
19.16.022B of this title.
means the maximum monthly housing cost of an affordable unit that is reserved for occupancy by a target household not exceeding the calculations set forth in Table 1 below.
Table 1: Affordable Rent Calculation |
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Income Category | Housing Cost Formula |
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Very Low | 50% of the Area Median Income, adjusted for Household size, multiplied by 30% and divided by 12 |
Lower | 60% of the Area Median Income, adjusted for Household size, multiplied by 30% and divided by 12. |
Moderate | 110% of the Area Median Income, adjusted for Household size, multiplied by 30% and divided by 12. |
means a sales price at which a target household may purchase an affordable unit and results in a maximum housing cost not exceeding the calculations set forth in Table 2 below.
Table 2: Affordable Sales Price Calculation |
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Income Category | Housing Cost Formula |
|---|
Very Low | 50% of the Area Median Income, adjusted for Household size, multiplied by 30% and divided by 12 |
Lower | 70% of the Area Median Income, adjusted for Household size, multiplied by 30% and divided by 12. |
Moderate | 110% of the Area Median Income, adjusted for Household size, multiplied by 35% and divided by 12. |
means and is limited to those dwelling units that are required to be rented at an affordable rent or sold at an affordable sales price to a target household.
"Agricultural accessory structure (land use)"means an uninhabited structure or building designed and built to store farm animals, implements, supplies or products, that contains no residential use and is not open to the public. Includes: barns; grain elevators; silos, and other similar buildings and structures, but not commercial greenhouses (which are under "plant nurseries"), or buildings for agricultural processing activities (which are under "agricultural support use"). Also includes, but is not limited to, wind-powered and solar machines used for direct climate control, and water pumping or other conversion of wind or solar energy to mechanical or thermal power. Wind energy conversion machines for electric power generation are included under "electric generating plants." See Section
19.06.010 of this title for specific use requirements applicable to agricultural accessory structures.
means farming or ranching activities and denotes the active use of land for the purpose of agricultural production for commercial purposes, including, but not limited to, cultivation and growing of crops, and raising and keeping of livestock. "Agricultural activity" does not include "crop production (non-commercial)" or "grazing (non-commercial)."
"Agricultural employee housing complex"means housing occupied by employees of an agricultural employer, as defined in Section
1140.4 of the Labor Code, and their households, that may include conventionally constructed units and manufactured housing consisting of no more than 36 beds if the housing consists of any group housing, such as a barrack or a bunkhouse, or contains a maximum of 12 residential units if the housing consists of single-family or multifamily units.
means uses such as the sorting and processing of fruits and vegetables, wineries, or feed distribution; that are a necessary and integral part of maintaining on-premises production and marketing, and that are directly associated with on-site agricultural or ornamental crop, or animal raising operations. Other uses permitted by conditional use permit in the agriculture zone such as oil drilling are not to be construed as an agricultural support use.
"Airport"means any area of land or water designed and set aside for the landing and take- off of aircraft, including all necessary facilities for the housing and maintenance of aircraft.
"Alley"means a passage or way affording generally a secondary means of vehicular access to abutting property and not intended for general traffic circulation.
"Animal keeping (land use)"means the keeping, feeding or raising of animals as a commercial agricultural venture, avocation, hobby or school project, either as a principal land use or subordinate to a residential use. Includes the keeping of common farm animals, small-animal specialties such as rabbit farms and other fur-bearing animals; bee farms; aviaries; worm farms; household pets, etc. This definition does not include grazing, which involves the keeping of grazing animals at densities less than two animals per acre, and is instead included under the definition of "grazing." Sections
19.02.120E and 19.02.340E of this title contain specific use requirements for animal keeping.
means ground, building, or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service and as designated by the Federal Communications Commission (FCC). Includes antennas, towers and equipment buildings.
"Antennas, communications facilities (land use)"means public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, cellular telephone, and data network communications; including commercial earth stations for satellite-based communications. Includes antennas, towers and equipment buildings. Does not include:
1. Home television and radio receiving antennas;
Telephone, telegraph and cable television transmission facilities utilizing hard- wired or direct cable connections, which are included under "pipelines and transmission lines";
"Apartment"means a room or suite of rooms within a building but comprising an independent self-contained dwelling unit, with kitchen or cooking facilities, occupied or suitable for occupation as a residence for eating, living and sleeping purposes.
"Area median income"means the annual median income for the County of Santa Barbara, adjusted for household size, amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, and published in Title 25, Section
6932, of the California Code of Regulations.
means a building or structure, or portion of a building or structure, used as a place of work by an artist or photographer, but shall not include commercial sales or transactions on the property. An artist studio may include a restroom, however it shall specifically exclude cooking facilities, or any other use that would allow the building or structure to be used as a separate dwelling unit or guest house.
"Attached building"means a building having at least five lineal feet of wall serving as a common wall with the building to which it is attached.
"Basement"means a story of a building that is partly or wholly underground. A basement shall be counted as a story if it has a minimum height of six and one-half feet and more than one-half of its height is above the average level of the adjoining ground.
"Bathroom"means a restroom which also contains bathing facilities.
"Block"means that property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or between the nearest intersection or intercepting streets, and a railroad right-of-way, watercourse or body of water.
"Boarding house"means a building where the business of keeping boarders is generally carried on and which is held out, by the owner or keeper as a place where boarders are kept.
"Building coverage"means the amount of land covered or permitted to be covered by buildings or structures, excluding tennis courts and unenclosed swimming pools, usually measured as a percent of a lot.
"Building height"means the vertical distance from the average finished grade of the lot covered by the building to the highest points of the coping of a flat roof or to the mean height of the highest gable of a pitch or hip roof.
"Building material stores (land use)"means primarily indoor retail establishments selling lumber and other large building materials, and also including paint, wallpaper, glass, fixtures, nursery stock, lawn and garden supplies (which may also be sold in hardware stores, included under the definition of "retail stores, general merchandise"). Includes all such stores selling to the general public, even if contractor sales account for a larger proportion of total sales. Also includes incidental retail ready-mix concrete operations. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "wholesaling and distribution." Establishments with more outdoor than indoor sales and storage are included under "storage yards and sales lots."
"Building site"means a single lot of land in one ownership, occupied or intended to be occupied by a building or structure.
"Building"means a structure having a roof supported by columns or walls and intended for shelter, housing or enclosure of any person, animal or chattel. A trailer shall not constitute a building within the meaning of this title.
"Business sign or structure"means any sign or structure designed, intended or used for advertising the particular business, product or service located or sold on the same premises as that on which the sign or structure is located.
"Business support services (land use)"means establishments primarily within buildings, providing other businesses with services including maintenance, repair and service, testing, rental, etc., also includes:
2. Business equipment repair services (except vehicle repair, see "repair and maintenance — vehicle");
Commercial art and design (production);
Computer-related services (rental, repair, maintenance);
Equipment rental businesses within buildings (rental yards are "storage yards and sales lots");
Film processing laboratories;
Heavy equipment repair services where repair occurs on the client site;
Mail advertising services (reproduction and shipping);
Other "heavy service" business services;
Outdoor advertising services;
Protective services (other than office related);
Research and development laboratories;
Soils and materials testing laboratories;
"Canopy structure"means a temporary or portable canvas or metal roofed structure typically used for providing shade, including those that are affixed to the ground through the use of bolts or stakes.
"Caretaker housing"means a single permanent residence on a site that is secondary or accessory to the primary use of the property, and used for housing a property owner or caretaker employed on the site of any nonresidential use where needed for security purposes or to provide 24-hour care or monitoring of plants, animals, equipment, or other conditions on the site.
"Caretaker"means a person residing on the premises of an employer and who is receiving meaningful compensation to assume the primary responsibility for the necessary repair, maintenance, supervision, or security of the real or personal property of the employer which is located on the same or contiguous lots or parcels of land.
"Centerline of street"means the centerline of a street or highway as established by the city engineer or by the California Department of Transportation. Where no right-of-way lines have been so established, the centerline of the traveled way shall be construed as the centerline. The centerline of the service road of a freeway or limited access highway shall be defined as the centerline of the traveled way of such service road.
"Certificate of occupancy"means issuance by the Building and Safety Department, County of Santa Barbara, signifying completion and approval for initial occupancy of a project.
"Chemical products (land use)"means manufacturing establishments that produce or use basic chemicals and establishments creating products predominantly by chemical processes. Establishments classified in this major group manufacture three general classes of products: (1) basic chemicals such as acids, alkalines, salts, and organic chemicals; (2) chemical products to be used in further manufacture such as synthetic fibers, plastic materials, dry colors, and pigments; and (3) finished chemical products to be used for ultimate consumption such as drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries such as paints, fertilizers, and explosives. Also includes sales and transportation establishments handling the chemicals described above in other than one of the uses included in the retail trade group on the land use and permit tables.
"Child day care, centers (land use)"means a commercial or non-profit facility that provides care, protection and supervision of 15 or more minor children for periods of less than 24 hours, typically while parents are working, and/or before or after daily attendance at an elementary school. Child day care centers may be operated in conjunction with a school or church facility, or as an independent land use. Includes pre-schools. Such facilities are required to be licensed by the California State Department of Social Services.
"Child day care, family care homes (land use)"means regularly provided care, protection and supervision of 12 or fewer children, in the provider's own home, for periods of less than 24 hours per day while the parents or guardians are away.
"City council"means the city council of the city of Buellton, California.
"City"means the city of Buellton, California.
"Cogeneration"means the sequential use of energy for the production of electrical and useful thermal energy, as per Public Resource Code 25134.
"Commercial shopping center"means for the purposes of the sign regulations of this title, a commercial development consisting of two or more structures, developed as one site. See also "shopping centers (land use)."
"Commercial vehicle"means a vehicle or article of equipment used primarily in conjunction with a business or industrial use, but not including vehicles or equipment used primarily in conjunction with the permitted use of land in residential or agricultural districts.
"Community centers (land use)"means multipurpose meeting and recreational facilities typically consisting of one or more meeting or multipurpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc. Includes grange halls.
"Conditional use"means a use which requires a special degree of control because of characteristics peculiar to it, or because of size, technological processes or type of equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities. Such control is to ensure that the particular use at the particular site on which such use is proposed to be located is compatible with other existing or permitted uses surrounding the site.
"Condominium"means an estate in real property consisting of a separately owned interest in a portion of a parcel of real property or building, including residences, apartments, offices or stores. A condominium may include, in addition, a separate legally protected interest in other portions of real property.
"Construction contractor (land use)"means storage yard operated by, or on behalf of a contractor licensed by the state of California for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures for uses such as offices and repair facilities. The yard shall not include a junk yard.
"Conversion"means a change of a use to another such as: (1) a residential dwelling to a condominium, cooperative, or similar form of ownership or to a nonresidential use; (2) a commercial use into residential units.
"Court"means an open, unoccupied space other than a yard on the same lot with a building or buildings, and which is bounded on two or more sides by such building or buildings.
"Crop production"means a commercial agricultural operation for the cultivation of crops. Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, and crop processing. Does not include agricultural support uses or greenhouses which are separately defined. Does not include "crop production (non-commercial)" allowed in residential zones.
"Demolition"means the removal of a residential dwelling or termination of occupancy by destruction, reconstruction, consolidation or rehabilitation.
"Density"means the maximum number of dwelling units allowed by this title for a specified area of land (e.g., "10 dwellings per acre," "one dwelling per lot").
"Developer"means: (1) every person, firm, or corporation (and their successors and assigns) that undertakes a project, directly or through the services of any employee, agent, independent contractor or otherwise subject to the provisions of this chapter; and (2) each and every subsequent owner of property on which a project is developed to which the obligations of the developer shall become applicable. A developer may also be the fee owner of the property on which the project is proposed. For purposes of Section
19.16.017 of this title, where tenant displacement results from code enforcement initiated by a local enforcement agency, developer expressly means the fee owner of property on which the enforcement action is initiated.
mean fees and charges imposed or controlled by the city which offset the cost of governmental services, public infrastructure or environmental impacts attributable to a project. Development impact fees specifically exclude application and administrative fees related to the processing of entitlements.
"Development"means any change made by a person or persons to unimproved or improved real property, including, but not limited to, placement, construction, reconstruction or alteration of buildings or structures, landscaping improvements, mining, excavation, or drilling operations. Agriculture is not defined as development within this title.
"Director"means director of the city planning department.
"Disabled persons"mean persons with a disability consisting of: (1) a physical or mental impairment that limits one or more of a person's major life activities; or (2) a record of having or being perceived as having, a physical or mental impairment. It does not include current illegal use of, or addiction to, a controlled substance (as defined by Section 102 of the Federal Controlled Substance Act. 21 U.S.C. Sec.
802).
means any person who involuntarily moves from real property as a direct result of the rehabilitation, Demolition or other displacing activity and lawfully inhabited the property a minimum of ninety (90) days prior to the date that application is filed with the city for a land use permit allowing such Conversion or Demolition.
"Drive-through facilities"means a commercial establishment or an accessory facility of a commercial establishment in which customers wait in line in their vehicles to progress to a service point at which they briefly transact business from their vehicles and then immediately depart from the premises, including, but not limited to, banks (motor banks, drive-through banks, drive-up banks), fast food establishments, and film deposit and pickup establishments, but not including drive-in movies, drive-in car washes through which the vehicles do not travel on their own power, drive-in food establishments where customers do not wait in line in their vehicles for service, or gasoline service stations.
"Driveway"means a private right-of-way which affords vehicular access from a public or private street as defined herein to abutting or adjacent property which is not and, under existing subdivision and zoning regulations, cannot be divided into more than four separate lots or parcels.
"Dwelling"means a building or portion thereof designed for and occupied in whole or in part as a residence or sleeping place, either permanently or temporarily, by one household and its guests, with sanitary facilities and one kitchen provided within the unit. Interior access shall be provided and maintained throughout all habitable portions of the dwelling. Additionally, this interior access requirement shall not be satisfied by providing access through non-habitable areas of the dwelling. Boarding or lodging houses, dormitories, and hotels shall not be defined as dwelling units.
"Dwelling, multifamily"means a single detached building designed for and occupied exclusively by two or more households living independently of each other as separate housekeeping units, including apartment house, apartment hotels, condominiums, and flats, but not including trailer courts or camps, motels, hotels or resort type hotels.
"Dwelling, single-family"means a single detached dwelling designed for and occupied exclusively by one household alone, and having but one kitchen.
"Dwelling, single-room occupancy"means a small dwelling unit, typically between 200 and 350 square feet, restricted to occupancy by no more than two persons and may include a kitchen and/or a bathroom, in addition to a bed, rented for 30 days or longer.
"Electric generating plants (land use)"means facilities engaged in the generation and distribution of electrical energy for sale. The electricity may be generated from oil, gas, coal or nuclear fuels or from "alternate" sources including, but not limited to, water, wind, the sun, bio- gas, municipal or agricultural wastes. This includes "cogeneration," which means the sequential use of energy for the production of electrical and useful thermal energy. The sequence can be thermal use followed by electric power production or the reverse.
"Electric vehicle charging station"means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
"Electrical and electronic equipment, instruments (land use)"means establishments engaged in manufacturing machinery, apparatus and supplies for the generation, storage, transmission, transformation and use of electrical energy, including:
1. Appliances such as stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines;
Electrical transmission and distribution equipment;
Electronic components and accessories such as semiconductors, integrated circuits, related devices;
Electronic instruments, components and equipment such as calculators and computers;
Electrical welding apparatus;
Lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting;
Instruments for measurement, testing, analysis and control, and associated sensors and accessories;
Miscellaneous electrical machinery, equipment and supplies such as batteries, X-ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines;
Optical instruments and lenses;
Photographic equipment and supplies;
Pre-recorded magnetic tape;
Radio and television receiving equipment such as television and radio sets, phonograph records and surgical, medical and dental instruments, equipment, and supplies;
Surveying and drafting instruments;
Telephone and telegraph apparatus;
Transformers, switch gear and switchboards;
Watches and clocks.
Does not include testing laboratories (research and development, soils and materials testing, etc.), which are defined under "business support services." |
"Emergency shelters"mean housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
"Employee housing, six or fewer"means housing to accommodate six or fewer employees, including agricultural employees. Employee housing is a residential land use and deemed a single- family structure. Employee housing is not included within the definition of hotel, motel, or other similar term that implies the employee housing is a for-profit business and differs in any other way from a family dwelling.
"Entitlements"mean all permits, licenses and approvals required under Titles
18 and
19 of the Municipal Code of the city of Buellton allowing the permitted use, subdivision or improvement of real property, including, but not limited to, land use permits, tentative parcel maps and tentative tract maps. As used herein, building permits and final maps constitute ministerial acts not requiring the exercise of administrative discretion. Except as otherwise provided in this chapter, building permits and final maps are expressly excluded from the term "entitlement" and do not activate any of the requirements set forth herein.
means any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.
"Farm equipment and supplies sales (land use)"means establishments selling, renting or repairing agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching:
2. Frost protection equipment;
Hay, grain and feed sales;
Packaged agricultural sprays;
Poultry equipment.
Sales may include the final assembly of farm machinery, implements or equipment from component parts received from the manufacturer in a partially assembled state, but not the creation of such components from raw materials. The sale of agricultural machinery does not include trailers, tractors and other motorized, self-propelled farm vehicles, which are included under "auto, mobilehome, vehicle and parts sales." |
"Feasible"means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
"Floor area—gross"means the total area of all floors of a building as measured to the surfaces of interior walls and including corridors, stairways, elevator shafts, attached garages, porches, balconies, basements, and offices.
"Floor area—net"means the gross floor area excluding vents, shafts, stairs, corridors, attics, and unenclosed porches and balconies.
"Front line"means the shortest boundary line of a lot which corresponds with a street line; the boundary lines of a through lot which corresponds with street lines shall be front lines. When the street-side boundary lines of a corner lot are equal or of substantially equal lengths, the front line shall be the line located on the principal street.
"Furniture and fixtures manufacturing (land use)"means manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes wood and cabinet shops.
"Furniture, furnishings and equipment stores (land use)"means stores primarily selling: home furnishings such as furniture, floor coverings, draperies, glass and chinaware, stoves, refrigerators, other household electrical and gas appliances including televisions and home sound systems and outdoor furniture such as lawn furniture, movable spas and hot tubs. Also includes the retail sale of office furniture and large musical instruments.
"Garage, private"means a building or portion thereof used or designed to be used as an accessory building for the storage of motor vehicles primarily for the use of the occupants of the premises on which such building is located.
"Garage, public"means a building or portion thereof, except a private garage, used or designed to be used for the storage and care of motor vehicles or where any such vehicles are repaired or kept for remuneration, hire or sale.
"General Plan"means the continuum of goals, objectives, policies and programs for the long-term physical development of the city adopted pursuant to Section
65300 et. seq., of the California Government Code.
means manufacturing establishments producing flat glass and other glass products which are pressed, blown, or shaped from glass produced in the same establishment. Does not include artisan and craftsman type operations of a larger scale than home occupations, which are included under handicraft industries and small scale manufacturing.
"Grading"means any excavation or filling of earth or combination thereof.
"Grazing (non-commercial)"means the use of a portion of land for grazing by livestock to support animal raising and keeping for the personal use of the residents as allowed in residential zones.
"Grazing"means the use of land for the consumption of standing (not harvested) herbaceous vegetation by livestock in connection with a commercial agricultural operation. Does not include "grazing (non-commercial)."
"Greenhouse"means a structure used for cultivating plants with impervious roof and walls in which the climate is controlled; includes hothouses. Greenhouses in residential zones are considered accessory to the primary unit, for personal use by the residents, and not an agricultural activity for commercial purposes.
"Gross income"means the anticipated income of a person or household for the 12-month period following the date of determination of income, established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, and published in Title 25, Section
6914, of the California Code of Regulations. The elements of gross income include: (1) wages, salaries, tips, commissions, etc.; (2) self-employment income from owned non-farm business, including proprietorships and partnerships; (3) farm self-employment income; (4) interest, dividends, net rental income, or income from estates or trusts; (5) Social Security or railroad retirement; (6) Supplemental Security Income, Aid to Families with Dependent Children, or other public assistance or public welfare programs; (7) retirement, survivor, or disability pensions; and (8) other sources of income received regularly, including Veterans' (VA) payments, unemployment compensation, and alimony.
means a group home in which seven or more individuals reside and operate specifically for people with disabilities, whether the group home is required to be and is licensed by the state of California or is not required to be licensed by the state of California. Large group homes do not include small licensed residential care facilities.
"Guest house-cottage"means detached living quarters of a permanent type of construction without kitchen or cooking facilities of any kind, intended and used primarily for temporary guests of the occupants of the main building on the lot on which such guest house is located, and not rented or otherwise used as a separate dwelling.
"Habitable space"means as defined by Section 409 of the Uniform Building Code, space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space.
"Handicraft industries, small-scale manufacturing (land use)"means manufacturing establishments not classified in another major manufacturing group, including: jewelry, silverware and plated ware; musical instruments; toys; sporting and athletic goods; pens, pencils, and other office and artists' materials; buttons, costume novelties, miscellaneous notions; brooms and brushes; caskets; and other miscellaneous manufacturing industries. Also included are artisan and craftsman-type operations which are not home occupations, and which are not secondary to on-site retail sales.
"Hog ranch"means any property used for the raising or keeping of more than six hogs.
"Home occupation"means an occupation conducted within the dwelling portion of a building by the occupants of the dwelling unit.
"Hospital"means a facility or institution which provides a broad range of medical care and services, including the overnight and/or long term in- and out-patient care of persons afflicted with physical and/or mental diseases, injuries, complaints, or other infirmities.
"Hotels and motels (land use)"means guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging (generally less than 30 days). Hotels provide access to most guest rooms from an interior walkway. Motels provide access to most guest rooms from an exterior walkway. Also includes: accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, etc., and may include a single manager's unit for full-time occupancy.
"Household size adjustments"means the maximum household size on which to determine household income and compute affordable rent and sales price, adjusted for the number of bedrooms in a dwelling. Unless the residential project is subject to different assumptions imposed by other governmental regulations, the household size adjustments set forth in Table 3 shall be used for purposes of Chapter
19.16 of this title. As an example, and for illustrative purposes only, if an affordable unit contains two bedrooms, the computation of affordable rent and sales price shall be based on the gross income of a three-person household.
Table 3: Housing Size Adjustments |
|---|
Number of Bedrooms | Maximum Number of Persons |
|---|
0 (Studio) | 1 |
1 | 2 |
2 | 3 |
3 | 4 |
4 | 5 |
means one or more persons, related or unrelated, living together as a single housekeeping unit.
"Housing costs"mean the sum of all of the costs associated with the rental, purchase and maintenance of a dwelling unit as defined in Title 25, Section
6920 of the California Code of Regulations. For renter-occupied dwellings, housing costs mean the total of monthly payments encompassing rent, fees or service charges assessed by the lessor which are required of all tenants (other than security deposits), a reasonable allowance for utilities, and possessory interest, taxes, or other fees or charges assessed for use of the land and facilities by a public or private entity other than the lessor. For owner- occupied dwellings, Housing costs mean the total of monthly payments encompassing principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities.
means the continuum of housing needs, goals, policies, quantified objectives, financial resources and scheduled programs for the preservation, improvement and development of housing adopted as part of the city's general plan pursuant to Section
65580 et seq., of the California Government Code.
means an approach to serving people experiencing homelessness that prioritizes the unconditional provision of access to housing. Under the housing first approach, anyone experiencing homelessness should be connected to a permanent home as quickly as possible, and associated programs should remove barriers to accessing the housing.
"Housing fund"means the city of Buellton Affordable Housing Trust Fund established pursuant to Section
19.16.022A of this title.
means a fee established pursuant to this chapter as an alternative equivalent action for producing affordable units on-site as part of a residential project. The housing in-lieu fee for low and very low income affordable units shall correspond to the sum used by the County of Santa Barbara in connection with its inclusionary affordable housing program and applicable to Santa Ynez housing market area, as such sum is periodically adopted and amended from time to time by the county board of supervisors. The housing in-lieu fee for moderate income affordable units shall be computed as that sum which is 50% the in-lieu fee for low and very low income affordable units.
"Improvement"means any object affixed to or growing in the ground other than a building or structure.
"Information kiosk"means a freestanding or wall sign, bulletin board style, that displays handbills, posters and flyers for temporary events.
"Inhabited"means a dwelling unit that serves as a place of permanent or customary and usual abode of a person or household who, at the time application is filed with the city for a land use permit subject to the provisions of this chapter, lawfully occupied the premises. A person or household is considered to be in unlawful occupancy if such person or household has been ordered to move by a court of competent jurisdiction or if the occupant's tenancy has been lawfully terminated by the owner for cause, the tenant has vacated the premises, and the termination was not undertaken for the purpose of evading the requirements of Chapter
19.16 of this title.
means a quadrilateral having only two parallel sides, the two non-parallel sides being equal in length.
"Kennels and animal boarding (land use)"means commercial facilities for the keeping, boarding or maintaining of four or more dogs four months of age or older, or four or more cats for commercial purposes, except for dogs or cats in pet shops or animal hospitals.
"Kitchen"means a room, all or any part of which is designed, built, equipped, used, or intended to be used for the preparation and cooking of foods.
"Land use permit"means any of the entitlements required by this title to authorize development or a new land use, including zoning clearance (Section
19.08.100), minor use permit (Section
19.08.110), conditional use permit (Section
19.08.110), or development plan (Section
19.08.120).
means the interior living portion of a dwelling unit including basements and attics, not including the garage or an accessory structure.
"Local enforcement agency"for the purposes of Chapter
19.16 of this title means any lawfully empowered agent or agency of the city, state or federal government with police power authority to enforce laws relevant to the condition, maintenance and occupancy of residential dwellings per Chapter
19.16 of this title.
means the area included within the boundaries of the lot as described in the latest recorded deed to said lot or as shown on the recorded parcel or subdivision map creating the lot, including any portion so described or mapped lying within a public or private street.
"Lot area, net"means the gross lot area minus any area lying within a public street which is defined as a permanently reserved right-of-way which has been dedicated to the city.
"Lot depth"means the average distance between the front or street line and the rear lot lines, or between the front lot line and the intersection of the two side lot lines if there is no rear lot line.
"Lot frontage"means the length of the front line measured at the street right-of-way line.
"Lot line"means the lines bounding a lot as defined in this section.
"Lot width"means the average distance between the side lot lines measured at right angles to the lot depth.
"Lot"means a single parcel of land in one ownership, the boundaries of which are delineated in the latest recorded parcel map, subdivision map, or certificate of compliance recorded in the city recorders' office or deed provided that such recorded deed does not create or attempt to create a lot in violation of the provisions of any applicable California law or city ordinance.
"Lot, corner"means a lot bounded by streets on two or more adjacent sides.
"Lot, interior"means a lot which has access by a private easement and has no street frontage or by a portion of the lot having a width of less than 40 feet.
"Lot, key"means a lot, the side line of which abuts the rear line of one or more adjoining lots.
"Lot, through"means a lot having frontage on two parallel, or approximately parallel streets.
"Low barrier navigation centers"means a housing first (see definition in this section), low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following: (1) the presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth; (2) pets; (3) the storage of possessions; (4) privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
"Low income"means households whose gross incomes do not exceed the qualifying limits for low income households, established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, and published in Title 25, Section
6932, of the California Code of Regulations. The qualifying limits for Low Income is computed as 80 percent of the area median income, adjusted for household size.
means manufacturing, processing, and sales uses including:
4. Mobilehome and modular home assembly;
Plywood and veneer mills;
Truss and structural beam assembly;
Turning and shaping on a manufacturing basis;
Wholesale sale of basic wood products;
Wood preserving.
Craft-type shops are included in "handicraft industries and small scale manufacturing." Other wood and cabinet shops are included under "furniture and fixture products." The indoor retail sale of building materials, and the sale of construction tools and equipment is included under "building material stores." Outdoor retail sales of such products are included under "storage yards and sales lots." |
"Manufactured home"means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Manufactured home includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974. If not placed on a permanent foundation, the manufactured housing is defined as a mobilehome.
"Master sign program"means a graphic and written statement of standards for the style, materials, colors, lettering, size and placement of all signs on the site of a commercial center.
"Maximum residential density"means the maximum number of residential units permitted on the basis of the General Plan and the maximum density of the underlying zone district.
"Medical services—clinics and laboratories (land use)"means service establishments primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services including: medical, dental and psychiatric offices (mental health-related services including various types of counseling practiced by licensed individuals other than medical doctors or psychiatrists, or unlicensed individuals, are included under offices); medical and dental laboratories; out-patient care facilities; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included. Clinics may include accessory retail pharmacies.
"Medical services—hospitals and extended care (land use)"means hospitals and similar establishments primarily engaged in providing diagnostic services, extensive medical treatment including surgical and other hospital services; such establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include accessory retail pharmacies, and emergency heliports. Also includes residential establishments providing nursing and health related care as a principal use with in-patient beds, such as: skilled nursing facilities (facilities allowing care for physically or mentally disabled persons, where care is less than that provided by an acute care facility); extended care facilities; convalescent and rest homes; board and care homes. Long- term personal care facilities that do not emphasize medical treatment are classified in "residential care."
"Membership organization facilities (land use)"means permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations; professional membership organizations; labor unions and similar organizations; grange and farm centers (not including sales activities, which are included under "farm equipment and supplies"); civic, social and fraternal organizations (not including lodging, which is under "organizational houses"); political organizations, country clubs (golf courses are under "parks and playgrounds") and other membership organizations.
"Metal products fabrication, machine and welding shops (land use)"means the assembly of metal parts, including blacksmith and welding shops, sheet metal shops, machine shops and boiler shops, that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products.
"Mobilehome (land use)"means a trailer, transportable in one or more sections, that is certified under the National Manufactured Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, which is designed and equipped to contain not more than two dwelling units, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. For purposes of this title, a mobilehome on a permanent foundation is considered a structure.
"Mobilehome park (land use)"means any area or tract of land where two or more mobilehome lots are rented, leased, or offered for rent or lease to accommodate mobilehomes used for human habitation. The rental paid for any such mobilehome shall be deemed to include rental for the lot it occupies.
"Moderate income"means households whose gross incomes do not exceed 120% of the area median income, adjusted for household size, and published in Title 25, Section
6932, of the California Code of Regulations.
means a dwelling unit constructed in whole or in part of prefabricated material or components to be assembled on-site and affixed to a permanent foundation, subject to the requirements of the Uniform Building Code.
"Net buildable area"means the gross area of the properties listed in Figure 1 and Table 5 of section
19.16.013 of this title, less those portions of each site that cannot be developed due to physical features (e.g., topography and parcel configuration) or environmental constraints (e.g., flood hazards). Net buildable area shall be determined on the basis of field survey data, available GIS data, preliminary grading and drainage plans and similar supporting application materials and specialized studies submitted or performed in connection with applications for entitlements.
means the RHNA allocation for target households as of the start of the planning period ("baseline allocation"), less dwelling units completed between the start of the planning horizon (as determined by operation of state law) and the date of adoption of the current Housing Element of the Buellton General Plan ("pre-adoption adjustment"), adjusted annually on January 1st and thereafter based on actual construction occurring during the previous 12 months ("post-adoption adjustment"). In no event shall the percentage of very low income units be less than 40% of the total inclusionary units. For purposes of the Housing Element adopted on May 11, 2023, the numeric and proportional allocation of Net RHNA Goals (as of the date of adoption of the Housing Element) is set forth in Table 4 below. Refer to the most current annual adjustment.
Table 4: Net RHNA Goals |
|---|
Households by Income | Baseline Allocation | Pre-Adoption Adjustment* | Post-Adoption Adjustment** | Adjusted Total |
|---|
| | | No. | % |
|---|
Target Households | = | = | = | = | = |
Very low*** | 55 | 0 | To be Determined | 55 | 45% |
Low | 37 | 0 | To be Determined | 37 | 31% |
Moderate | 30 | 1 | To be Determined | 29 | 24% |
Subtotal | 122 | | | 121 | 100% |
Above Moderate | 43 | 0 | To be Determined | — | — |
Total | 165 | — | | — | = |
* | Pre-adoption adjustment occurs at the start of a new RHNA cycle to the time of Housing Element adoption. The 6th cycle RHNA started on June 30th, 2022, with a 2023-2031 Housing Element adoption date of May 11, 2023. |
** | Post-adoption adjustment will be effective as of January 1st of each year based on actual construction occurring during the previous 12 months. |
*** | Includes "Extremely Low" |
means a lot the area, dimensions or location of which was lawful prior to the adoption of this title or any amendments hereto, and which does not conform to the present regulations of the zoning district in which it is situated.
"Nonconforming structure"means a building or structure, the setbacks, height, or location of which was lawful prior to the adoption of this title or any amendments hereto, and which does not conform to the present regulations of the zoning district in which it is situated.
"Nonconforming use"means any use of land, building, or structure which was lawful prior to the adoption of this title or any amendment hereto, and which does not conform to the present regulations on use of the zoning district in which it is situated.
"Notice to property owner document"means a notarized, legal document required by the city, to be completed and recorded with the deed by the property owner as part of a permit approval process and/or in conjunction with correction of a zoning violation. The purpose of the notice is to document specific conditions and/or restrictions that apply to a particular property and the improvements thereon.
"Offices (land use)"means professional or government offices including:
1. Accounting, auditing and bookkeeping services;
Architectural, engineering, and surveying services;
Copying, quick printing, and blueprinting services;
Court reporting services;
Data processing and computer services;
Detective agencies and similar services;
Educational, scientific and research organizations;
Employment, stenographic, secretarial and word processing services;
Government offices including agency and administrative office facilities;
Management, public relations and consulting services;
Photography and commercial art studios;
Post offices (not including bulk mailing distribution centers, which are included under "vehicle and freight terminals");
Writers and artists offices outside the home.
Does not include: medical offices, which are allowed under "medical services—clinics and laboratories"; or offices that are incidental and accessory to another business or sales activity that is the principal use. Incidental offices that are customarily accessory to another use are allowed in any zone as part of an approved principal use. |
"Offices, temporary (land use)"means a mobilehome, recreational vehicle or modular unit used as: a temporary business or construction office during construction of permanent facilities on the same site or as an office on the site of a temporary off-site construction yard; a temporary on-site real estate office for a development project; or a temporary business office in advance of permanent facility construction.
"Oil."Where used in this title, the word "oil" shall include gas and other hydrocarbon substances.
"One ownership"of property includes ownership under a contract to purchase in any manner whereby such property is under a single or unified control, including ownership of property by a person or persons, firm, partnership, association, corporation, company, syndicate, estate, trust, or organization of any kind.
"Open space"means:
1. "Public open space."Public open space shall include, but not be limited to, public parks, recreational support facilities (restrooms, stairways, picnic tables, etc.), public parking lots, access corridors such as bike paths, hiking, or equestrian trails, usable natural areas, and vista points which are accessible to members of the general public. Environmentally sensitive habitat areas and archaeological sites may be included in public open space. Water bodies such as streams, ponds, and lakes may be included in public open space only if available for active recreational purposes, i.e., swimming, boating, or fishing but in no case shall water bodies be credited for more than five percent of the total public open space requirement within a development. Public open space shall not include areas which are unusable for recreational purposes, i.e., private or public streets, private parking lots, or hazardous areas such as steep slopes and bluff faces.
"Common open space." Common open space shall include, but not be limited to, recreational areas and facilities for the use of the prospective residents or guests of a development such as tennis courts, swimming pools, playgrounds, community gardens, landscaped areas for common use, or other open areas of the site needed for the protection of the habitat, archaeological, scenic, or other resources. Water bodies may be included but shall not be credited for more than five percent of the total required common open space. Common open space shall not include driveways, public or private streets, parking lots, private patios and yards, other developed areas or hard surfaced walkways.
"Private open space." Private open space shall include, but not be limited to, patios, decks, and yards for the private use of the residents of individual dwelling units.
"Outdoor commercial recreation (land use)"means facilities for various outdoor participant sports and types of recreation, including: amusement, theme and kiddie parks; drive-in theaters; golf driving ranges independent from golf courses; miniature golf courses (golf courses are included under the definition of "parks and playgrounds"); skateboard parks and water slides; go-cart and miniature auto race tracks; recreation equipment rental (e.g., ATCs and other nonhighway motor vehicles, roller skates); health and athletic clubs with predominately outdoor facilities; tennis courts, swim and tennis clubs. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including, but not limited to, bars and restaurants, fast-food restaurants, video game arcades, etc.
"Outdoor festival"means any musical festival, dance festival, "rock" festival or similar activity at which music is provided by paid, or professional, or amateur performers or by prerecorded means, which is held at any place other than in a permanent building or permanent installation, which permanent installation has been constructed for the purpose of conducting such activities or similar activities, to which members of the public are invited or admitted for a charge or free of cost, and which is to be or is attended by 500 or more persons. If such a festival or activity is to be or is attended by less than 500 persons, it is an amusement enterprise conducted partially or wholly outside of a completely enclosed building.
"Owner"means, for the purpose of the accessory dwelling unit title, the individual whose name appears on the title to the property and for whom a home owners exemption is claimed.
"Parking lot sale"means a temporary sale that is conducted by a retail store, shop or establishment in the area usually used for on-premises customer parking or pedestrian access (not within a public right-of-way) of that retail store, shop, or establishment and at which sale the same type of merchandise sold within that store, shop, or establishment is sold at retail.
"Parking lot"means an off-street area, usually surfaced and improved, for the temporary storage of five or more vehicles.
"Parking space"means a space designed and reserved for parking of motor vehicles, including all necessary maneuvering space, as provided elsewhere in this title.
"Person"means any individual, organization, partnership, or other business association or corporation, including any utility, and any federal, state, local government, or special district or an agency thereof.
"Personal services (land use)"means establishments providing non-medically related services, including automated teller machines (ATMs) independent from banks and financial institutions; beauty and barber shops; shoe repair shops; tanning salons; laundromats (self-service laundries); dry cleaning pick-up stores and small-scale dry cleaners without pick-up and delivery services; clothing rental; dating and escort services. These uses may also include accessory retail sales of products related to the services provided.
"Pipelines and transmission lines (land use)"means transportation facilities for the conveyance of: crude petroleum; refined petroleum products such as gasoline and fuel oils; natural gas; mixed, manufactured or liquefied petroleum gas; or the pipeline transmission of other commodities. Also includes pipeline surface and terminal facilities, including pump stations, bulk stations, surge and storage tanks. Power transmission includes facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers (classified under "offices"), distribution substations (classified under "public utility facilities"), or power plants (classified under "electric generating plants").
"Plant nurseries (land use)"means commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Also includes establishments engaged in the sale of such products (e.g., wholesale and retail nurseries) and commercial scale greenhouses (home greenhouses are included under "residential accessory uses"). The sale of house plants or other nursery products entirely within a building is also included under "retail stores, general merchandise."
"Pool house/cabana"means a building or structure designed as accessory to a pool located on the same lot as the pool house/cabana.
"Premises"means the area of land in one ownership surrounding a house or building.
"Primary zoning district"means any one of the residential, commercial/industrial, or special-purpose zoning districts established by Section
19.02.010 (Zoning districts established), that is applied to a site by the zoning map (Section
19.02.020), in addition to one or more of the overlay zones established by Sections
19.02.400 et seq. (Overlay zoning districts).
means a structure in which is conducted the principal use of the lot on which it is situated. In any residential, agricultural or estate district, any dwelling shall be deemed to be the principal structure on the lot on which it is situated.
"Public safety facilities (land use)"means facilities operated by public agencies including fire stations, lookouts, other fire prevention and firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.
"Public utility facilities (land use)"means fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section
53091: electrical substations and switching stations; telephone switching facilities; natural gas regulating and distribution facilities; public water system wells, treatment plants and storage; and community wastewater treatment plants, settling ponds and disposal fields. These uses do not include office or customer service centers (classified in "offices"), or equipment and material storage yards.
means a company regulated by the California Public Utilities Commission.
"Public works"means:
1. Production, storage, transmission, treatment and recovery facilities for water, sewerage, and other similar utilities owned or operated by any public agency, excluding energy facilities.
All public transportation facilities, including streets, roads, highways, public parking lots and structures, airports, railroads, and mass transit facilities and stations, bridges, trolley wires and other related facilities financed and owned by the government.
"Qualifying resident"means senior citizens or other persons eligible to reside in senior citizen housing as provided in California Civil Code Sections
51.3 and
51.12, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section
798.76 or
799.5 of the Civil Code.
means primarily indoor establishments providing amusement, entertainment, or physical fitness services for a fee or admission charge, such as: arcades containing coin operated amusements and/or electronic games (five or more such games or coin-operated amusements in any establishment constitutes an arcade pursuant to this definition, four or less are not considered a land use separate from the primary use of the site); card rooms, billiard and pool halls; bowling alleys; ice skating and roller skating; dance halls, clubs and ballrooms which are principal uses rather than being subordinate to an eating or drinking place; fitness centers, gymnasiums, health and athletic clubs including indoor sauna, spa or hot tub facilities; tennis, handball, racquetball, indoor archery and shooting ranges and other indoor sports activities.
"Recreational vehicle park (land use)"means any area or tract of land, where one or more lots are rented or leased or offered for rent, or leased to owners or users of recreational vehicles or tents and which is occupied for temporary purposes.
"Recreational vehicle"means a motor home, travel trailer, camper or camping trailer, with or without motor power, designed for human habitation for recreational or emergency occupancy, with a living area less than 220 square feet excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, and bath and toilet rooms. Recreation vehicle shall also include trailer-borne boats.
"Recycling collection stations (land use)"means facilities for temporary accumulation and storage of recyclable materials, that are later transported to processing facilities. Includes sites for implementing the California Beverage Container Recycling Act (AB 2020), which may involve reverse vending machines, mobile collection units, and other attended and unattended collection facilities. Does not include automobile wrecking yards or any recycling processing facilities, which are listed under recycling, scrap and wrecking yards; does not include temporary storage of toxic or hazardous waste materials.
"Recycling, scrap and wrecking yards (land use)"means establishments primarily engaged in assembling, breaking up, sorting, temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap and the incidental wholesale or retail sales of parts from such vehicles. Does not include terminal waste disposal sites.
"Repair and maintenance—accessory to sales (land use)"means the repair of vehicles, equipment or other products on the same site as the retail sales of such vehicles, equipment or other products as a service to purchasers, that is incidental and accessory to the sales operation.
"Repair and maintenance—consumer products (land use)"means service establishments where repair of consumer products is the principal business activity, including: electrical repair shops; television and radio and other appliance repair; watch, clock and jewelry repair; re-upholstery and furniture repair. Does not include shoe repair (included under "personal services"). Does not include repair or services incidental and accessory to retail sales. Does not include businesses serving the repair needs of heavy equipment, which are included under "business support services."
"Repair and maintenance—vehicle (land use)"means the repair, alteration, restoration, towing, painting, cleaning (including self-service and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a principal use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. Does not include: automobile parking (see "vehicle storage"), repair shops subordinate to and maintained by a vehicle dealership which are included under "auto, mobilehome, vehicle and parts sales"; service stations, which are separately defined; or automobile wrecking yards which are included under "recycling, scrap and wrecking yards."
"Residential accessory uses (land use)"includes any use that is customarily part of, and clearly incidental and secondary to a residence and does not change the character of the residential use. Such uses include accessory structures such as swimming pools, spas and hot tubs, workshops, studios, greenhouses, garages, guesthouses (without cooking or kitchen facilities), solar panels, propane tanks, and similar equipment. Includes home receiving antennas for earth-based TV and radio broadcasts (broadcast and receiving antennas for ham radio and commercial applications, and satellite dish antennas, are included under the definition of "antennas, communication facilities").
"Residential care homes (land use)"means facilities providing residential social and personal care for children, the elderly, and people with some limits on their ability for self-care, but where medical care is not a major element. Includes: children's homes; halfway houses; orphanages; rehabilitation centers; self-help group homes.
"Residential project"means and includes one or more groups of projects which entail: (1) constructing or placing any new dwelling unit in a permanent location; (2) converting a nonresidential building to a residential use; (3) substantial rehabilitation of an existing dwelling where the result of the rehabilitation would be a net increase in available residential units; (4) subdivision of land which is planned, designed, or used for residential purposes; or (5) converting or demolishing an existing residential dwelling.
"Residential rental unit"means a dwelling unit (as defined in this section) that is occupied by a person or household other than the property owner and for which any compensation is provided in exchange for the right of occupancy. Residential rental unit: (1) excludes recreation vehicles and trailers (other than mobilehomes); and (2) includes hotel and motel guest rooms that are used, rented or occupied as primary residences for 30 or more consecutive days by the same occupant.
"Restroom"means a room which may contain a toilet and washbasin but shall specifically exclude any type of bathing facilities.
"Retail stores, general merchandise (land use)"means retail trade establishments selling many lines of merchandise. Such types of stores and lines of merchandise include, but are not limited to:
2. Auto parts (not repair or machine shops);
Cameras and photographic supplies;
Clothing and accessories;
Drug and discount stores;
Fabrics and sewing supplies;
Florists and houseplant stores (indoor sales only—outdoor sales are "plant nurseries");
Gifts, novelties and souvenirs;
Handcrafted items (stores may include crafting operations subordinate to sales);
Luggage and leather goods;
Musical instruments, parts and accessories;
Sporting goods and equipment;
"Retention period"means the duration of time that the Affordable Housing Agreement remains in effect for affordable units under Chapter
19.16 of this title.
means the regional housing needs allocation ("RHNA") process that establishes goals for new residential dwellings to be attained during the planning horizon of the current adopted Housing Element of the Buellton General Plan.
"Right-of-way line"means the recorded boundary of a public or private street or the existing or planned boundary of a public street as indicated in the circulation element of the general plan.
"Schools—specialized education and training (land use)"means business, secretarial schools and vocational schools offering specialized trade and commercial courses. Includes specialized nondegree granting schools such as: music schools; dramatic schools; language schools; driver education schools; ballet and other dance studios; seminaries and other establishments exclusively engaged in training for religious ministries; and establishments furnishing educational courses by mail. Facilities, institutions and conference centers are included that offer specialized programs in personal growth and development (including fitness, environmental awareness, arts, communications, and management, as examples).
"Secondary use"means:
1. A land use subordinate or accessory to a principal land use.
When used in reference to residential use in conjunction with commercial and industrial uses in this title, secondary shall mean two residential bedrooms per 1,000 square feet of total gross floor area of commercial or industrial development. However, in no event shall the total gross floor area of the residential development exceed the total gross floor area of the commercial or industrial use.
"Secondhand stores (land use)"means indoor retail establishments that buy and sell used products, including, but not limited to, books, clothing, furniture and household goods. The sale of cars and other used vehicles is included under "auto, mobilehome, vehicle and parts sales."
"Semi-detached building"means a building having a common wall with another building which wall has no opening connecting the two buildings.
"Senior citizen housing"means a residential project consistent with the California Fair Employment and Housing Act (Government Code Section
12900 et seq., including
12955.9 in particular), which has been "designed to meet the physical and social needs of senior citizens," and which otherwise qualifies as "housing for older persons" as that phrase is used in the Federal Fair Housing Amendments Act of 1988 (P.L. 100-430) and implementing regulations (24 CFR, part
100, subpart E), and as that phrase is used in California Civil Code Section
51.2 and
51.3.
means a retail place of business engaged in supplying goods and services generally required in the normal operation and maintenance of automotive vehicles and to the fulfilling of motorists needs. These include sale of petroleum products, sale and servicing of tires, batteries, automotive accessories and replacement items. Washing and lubrication services; the performance of minor automotive maintenance and repair; and the supplying of other incidental customer services and products. Major motor repairs, painting and body and fender work and mechanical car wash are excluded.
"Setback"means the minimum required distance that a building or structure must be located from any property line or street centerline.
"Setback, front"means a setback extending across the front of a lot between the inner side setback lines and measured from the front line of the lot to the front line of a building.
"Setback, rear"means a setback extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building. For the purpose of this title, the rear setback of an irregular or triangular lot shall be measured from a line at least 10 feet long lying entirely within the lot, parallel or most nearly parallel to and most distant from the front line of the lot.
"Setback, side"means a setback between the side line of the lot and the nearest line of a building, and extending from the front line of the lot to the required rear setback line.
"Shadow construction"means pipeline construction, involving two or more separate pipeline projects in the same corridor, coordinated at closely-timed intervals so that site rehabilitation is required only once.
"Shopping centers (land use)"means commercial developments on a single parcel or contiguous parcels under one ownership, containing five or more retail stores, service uses, or other tenants, where each have individual entrances from a commonly-owned public area such as a parking lot, mall corridor or atrium. Also includes such commercial developments where individual tenant spaces are subdivided as a commercial condominium, with parking and pedestrian circulation areas owned in common. The land uses allowed in shopping centers are determined by the applicable zone pursuant to Section
19.02.210.
means the area of the smallest rectangle within which a single sign face can be enclosed. See Section
19.04.170F.
means the information content of a sign, including text, illustrations, logos, and trademarks.
"Sign face"means the visible portions of a sign including all sign copy, but excluding structural elements not an integral part of the sign copy display.
"Sign height"means the vertical distance from average natural grade to the top of the sign, including the support structure and any design elements.
"Sign, community identification"means a sign located on public property, where the sign message is limited to identifying the city (e.g. "Welcome to the City of Buellton").
"Sign, directory"means a sign identifying the occupants of a building and their location.
"Sign, freestanding"means a self-supporting sign not attached to a building or structure, typically including pole-mounted and monument signs.
"Sign, off-premise"means a sign identifying or advertising a business, service or land use that is not conducted on the same premises as the sign.
"Sign, roof"means a sign located on a building roof, above the mansard of a building or that extends above the roof line of a building.
"Sign, temporary"means a sign constructed from a nonpermanent material, in place for a temporary time period (e.g., banners).
"Sign, wall"means a sign affixed to the wall of a building that is flush with the wall.
"Site coverage"means the percentage of the total area of a site that is occupied by buildings.
"Site"means a lot or multiple lots under common ownership that are the location of a proposed land use or development.
"Special needs housing"means single room occupancy units, congregate care facilities and similar types of special living arrangements for persons and households who possess extraordinary housing needs by reason of economic, social, mental or physical disability.
"Sport facilities and outdoor public assembly (land use)"means indoor and outdoor facilities for spectator-oriented sports, and other outdoor public assembly facilities for such activities as outdoor theater and concerts, that include: amphitheaters; stadiums and coliseums; arenas and field houses; race tracks; motorcycle racing and drag strips; and other sports that are considered commercial.
"Stock cooperative"means a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock or membership certificate in the corporation held by the persons having such right of occupancy. The term "stock cooperative" does not include a limited-equity housing cooperative, as defined in this title.
"Storage yards and sales lots (land use)."Storage yards are service establishments primarily engaged in the outdoor storage of motor vehicles, construction equipment, materials or supplies, farm machinery or industrial supplies on a lot or portion of a lot greater than 300 square feet in area. Sales lots consist of any permanent outdoor sales area for construction equipment or other heavy equipment; outdoor equipment rental yards (except auto rental which is included under "auto, mobilehome, vehicle and parts sales"); large-scale temporary or permanent outdoor sales activities such as swap meets and flea markets. Also includes retail ready-mix concrete operations which are incidental to an outdoor equipment rental yard. Does not include: sales lots for autos and other vehicles, which are included under "auto, mobilehome, vehicle and parts sales"; or the sale of farm equipment, which is included under "farm equipment and supplies sales."
"Story poles"means a three-dimensional visual device used to delineate the location, height, and bulk of a proposed structure using wood beams or plastic poles or other suitable material.
"Story"means the portion of a building between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
"Street frontage"means the portion of a property line abutting a public or private street.
"Street"means a permanently reserved, public or private right-of-way which affords the public a principal means of vehicular access to abutting or adjacent property, not including alleys or driveways as defined herein. The service or frontage road of a freeway shall be considered as a street separate from such freeway or highway.
"Structural alteration"means any change in the supporting members of a building or structure such as bearing walls, column beams or girders, or in the dimensions or configurations of the roof.
"Structure"means anything constructed or erected, the use of which requires location on the ground excluding trailers and sidewalks.
"Subdivision"means a division of land as defined in the State Subdivision Map Act.
"Substantial rehabilitation"means rehabilitation, the value of which constitutes 25% of the after rehabilitation value of a dwelling, inclusive of land value.
"Supportive housing"means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
"Swap meet"means an open-air market operating during daylight hours on weekends and holidays for the sale or exchange of merchandise at retail by a number of sellers. Signs or other advertising by the individual sellers and outdoor storage of materials or merchandise, except during hours of operation, are prohibited.
"Tandem parking"means that two or more automobiles are parked on a driveway, parking space, or in any other location on a lot, lined up behind one another.
"Target household"means a person or household meeting the income and occupancy criteria set forth in Chapter
19.16 of this title.
means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commending with Section
4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
means nonpaying guests occupying the premises for no more than 120 days in any 12 month period.
"Theaters and meeting halls (land use)"means indoor facilities for public assembly and group entertainment, other than sporting events, such as: public and semi-public auditoriums; exhibition and convention halls; civic theaters, meeting halls and facilities for "live" theater and concerts; motion picture theaters; meeting halls for rent and similar public assembly uses. Outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events are included under the definition of "sport facilities and outdoor public assembly."
"Title"means Title 19 of the municipal code of the city of Buellton (commonly known as the "Zoning Ordinance"). See "zoning ordinance."
"Trailer"means a vehicle with or without motor power which is designed or used for human habitation, office, shops, or storage including camper, travel trailer, and mobilehome, but not including mobilehomes on a permanent foundation.
"Transitional housing"means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from the beginning of the assistance. Transitional housing developments shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.
"Unit Type"means the size and amenities of a particular dwelling relative to number of bedrooms, quantity of baths, total square footage and similar distinguishing factors.
"Vehicle storage (land use)"means service establishments in the business of storing operative cars, buses and other motor vehicles for clients. Includes both day use and long-term public and commercial garages, parking lots and structures, except when accessory to a principal use. (All principal uses are considered to include any customer or public use off-street parking required by this title.) Includes sites where vehicles are stored for rental or leasing. Does not include wrecking yards (classified in "recycling, scrap and wrecking yards").
"Very Low Income"means Households whose Gross Incomes do not exceed the qualifying limits for very low income households, established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, and published in Title 25, Section
6932, of the California Code of Regulations. The qualifying limits for Very Low Income is computed as 50% of the Area Median Income, adjusted for household size.
means a triangular space at the street or highway corner of a corner lot containing no planting, walls, or other structure exceeding three feet in height. Vision clearance shall be measured along the street line from the corner to the hypotenuse of the triangle.
"Warehousing (land use)"means facilities for the storage of farm products, furniture, household goods, or other commercial goods of any nature for later distribution to wholesalers and retailers. Includes cold storage. Also includes warehouse, storage or mini-storage facilities offered for rent or lease to the general public. Does not include warehouse facilities where the primary purpose of storage is for goods for wholesaling distribution. Does not include terminal facilities for handling freight (classified in "vehicle and freight terminals").
"Wholesaling and distribution (land use)"means establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as: merchant wholesalers; agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of farm products; stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment; bottling works.
"Wind energy conversion system" (WECS)means any device which converts wind energy to a form of usable energy. WECS producing electricity are included here; those used for direct climate control, water pumping or other conversion to mechanical or thermal power, are included under "agricultural accessory structures." Transmission lines located off the site of the power plant are included under "pipelines and transmission lines." Electrical substations are included under "public utility facilities."
"Winery"means a bonded establishment primarily used for the purpose of processing grapes or other fruit products. Processing includes, but is not limited to, crushing, fermenting, blending, aging, storage, bottling, and wholesale/retail sales.
"Zoning administrator"means a position authorized by Section
65900 et seq., of the California Government Code created by ordinance, which authorizes a hearing officer to hear and decide applications including, but not limited to, minor use permits and variances, as set forth within this title.
(Prior code § 19.12.020; Ord. 94-13, 1994; Ord. 96-02 § 12, 1996; Ord. 06-02 § 12, 2006; Ord. 06-12 §§ 15, 16, 2006; Ord. 09-06 § 3, 2009; Ord. 19-03 § 2, 2019; Ord. 20-05 § 2, 2020; Ord. 25-02, 5/8/2025)