Chapter 19.10 — ZONING ORDINANCE ADMINISTRATION

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)

Sections 19.10.110 through 19.10.120 of this chapter provide procedures for changing and/or obtaining relief from the ordinance codified in this title. (Prior code § 19.10.100; 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 decisionmaking 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 decisionmaking 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 crossexamination.

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 crossexamination.

  - 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.

r 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)

Chapter 19.12. DEFINITIONS

This chapter provides definitions of terms and phrases used in this title that are technical or specialized, or that may not reflect common usage. Where any of the definitions in this chapter conflict with definitions in other titles of the Buellton Municipal Code, these definitions prevail for the purposes of this title.

(Prior code § 19.12.010; Ord. 94-13, 1994)

As used in this chapter:

"Abut" means to physically touch or border upon; or to share a common property line.

"Accessory building or structure" means a building or structure, excluding an accessory dwelling unit, containing no kitchen and located upon the same building site as the building or use to which it is accessory, the use of which is customarily incidental, appropriate and subordinate to the use of the principal building, or to the principal use of the land.

"Accessory dwelling unit" or "ADU" means an attached or detached residential dwelling unit that provides complete, independent living facilities for one or more persons, and includes permanent provisions for living, sleeping, eating, cooking (i.e., stove, refrigerator, and sink), and sanitation (i.e., bathroom with shower or bathtub) on the same parcel as the existing or proposed single-family dwelling (primary unit) is situated. An ADU also includes the following: (1) an efficiency unit, as defined in Health and Safety Code Section 17958.1 ; and (2) a manufactured home, as defined in Health and Safety Code Section 18007 .

"Accessory use" means a use that is incidental, related, appropriate and clearly subordinate to the main use of the lot or building, and which does not alter the principal use of the subject lot or adversely affect other properties in the zone.

"Affordable housing agreement" means a legally binding agreement between a developer and the city to ensure that the requirements of this chapter are satisfied. The agreement, among other things, establishes the number and location of affordable units, target households, production schedule, retention period and development standards. See Section 19.16.022B of this title.

"Affordable rent" means the maximum monthly housing cost of an affordable unit that is reserved for occupancy by a target household not exceeding the calculations set forth in Table 1 below.

"Affordable sales price" means a sales price at which a target household may purchase an affordable unit and results in a maximum housing cost not exceeding the calculations set forth in Table 2 below.

"Affordable unit" means and is limited to those dwelling units that are required to be rented at an affordable rent or sold at an affordable sales price to a target household.

"Agricultural accessory structure (land use)" means an uninhabited structure or building designed and built to store farm animals, implements, supplies or products, that contains no residential use and is not open to the public. Includes: barns; grain elevators; silos, and other similar buildings and structures, but not commercial greenhouses (which are under "plant nurseries"), or buildings for agricultural processing activities (which are under "agricultural support use"). Also includes, but is not limited to, wind-powered and solar machines used for direct climate control, and water pumping or other conversion of wind or solar energy to mechanical or thermal power. Wind energy conversion machines for electric power generation are included under "electric generating plants." See Section 19.06.010 of this title for specific use requirements applicable to agricultural accessory structures.

"Agricultural activity" means farming or ranching activities and denotes the active use of land for the purpose of agricultural production for commercial purposes, including, but not limited to, cultivation and growing of crops, and raising and keeping of livestock. "Agricultural activity" does not include "crop production (non-commercial)" or "grazing (non-commercial)."

"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.

"Agricultural support use (land use)" means uses such as the sorting and processing of fruits and vegetables, wineries, or feed distribution; that are a necessary and integral part of maintaining onpremises 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.

"AHOZ Sites" means properties identified in Figure 1 and Table 5 of Section 19.16.013 of this title.

"Airport" means any area of land or water designed and set aside for the landing and 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.

"Antenna amateur radio" means ground, building, or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service and as designated

by the Federal Communications Commission (FCC). Includes antennas, towers and equipment buildings.

"Antennas, communications facilities (land use)" means public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, cellular telephone, and data network communications; including commercial earth stations for satellite-based communications. Includes antennas, towers and equipment buildings. Does not include:

1. Home television and radio receiving antennas;

2. Telephone, telegraph and cable television transmission facilities utilizing hard- wired or direct cable connections, which are included under "pipelines and transmission lines";

3. Amateur radio antennas;

4. Satellite dish antennas.

"Apartment" means a room or suite of rooms within a building but comprising an independent selfcontained dwelling unit, with kitchen or cooking facilities, occupied or suitable for occupation as a residence for eating, living and sleeping purposes.

"Appurtenant structure" means a structure that is auxiliary or accessory to another structure or use.

"Area median income" means the annual median income for the County of Santa Barbara, adjusted for household size, amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, and published in Title 25, Section 6932 , of the California Code of Regulations.

"Artist studio" means a building or structure, or portion of a building or structure, used as a place of work by an artist or photographer, but shall not include commercial sales or transactions on the property. An artist studio may include a restroom, however it shall specifically exclude cooking facilities, or any other use that would allow the building or structure to be used as a separate dwelling unit or guest house.

"Attached building" means a building having at least five lineal feet of wall serving as a common wall with the building to which it is attached.

"Basement" means a story of a building that is partly or wholly underground. A basement shall be counted as a story if it has a minimum height of six and one-half feet and more than 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:

1. Blueprinting;

2. Business equipment repair services (except vehicle repair, see "repair and maintenance — vehicle");

3. Commercial art and design (production);

4. Computer-related services (rental, repair, maintenance);

5. Equipment rental businesses within buildings (rental yards are "storage yards and sales lots");

   6. Exterminators;

   7. Film processing laboratories;

   8. Heavy equipment repair services where repair occurs on the client site;

   9. Janitorial services;

   10. Mail advertising services (reproduction and shipping);

   11. Other "heavy service" business services;

   12. Outdoor advertising services;

   13. Photocopying;

   14. Photofinishing;

   15. Protective services (other than office related);

   16. Research and development laboratories;

   17. Soils and materials testing laboratories;

   18. Window cleaning.

• "Cabana." See "pool house/cabana."

"Canopy structure" means a temporary or portable canvas or metal roofed structure typically used for providing shade, including those that are affixed to the ground through the use of bolts or stakes.

"Caretaker 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.

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.

"Commission." See "planning commission."

"Community centers (land use)" means multipurpose meeting and recreational facilities typically consisting of one or more meeting or multipurpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc. Includes grange halls.

"Community design guidelines" means the most current set of design guidelines adopted by the Buellton city council.

"Conditional use" means a use which requires a special degree of control because of characteristics peculiar to it, or because of size, technological processes or type of equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities. Such control is to ensure that the particular use at the particular site on which such use is proposed to be located is compatible with other existing or permitted uses surrounding the site.

r to it, or because of size, technological processes or type of equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities. Such control is to ensure that the particular use at the particular site on which such use is proposed to be located is compatible with other existing or permitted uses surrounding the site.

"Condominium" means an estate in real property consisting of a separately owned interest in a portion of a parcel of real property or building, including residences, apartments, offices or stores. A condominium may include, in addition, a separate legally protected interest in other portions of real property.

"Construction contractor (land use)" means storage yard operated by, or on behalf of a contractor licensed by the state of California for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures for uses such as offices and repair facilities. The yard shall not include a junk yard.

"Contiguous." See "abut."

"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.

"Council." See "city council."

"Court" means an open, unoccupied space other than a yard on the same lot with a building or buildings, and which is bounded on two or more sides by such building or buildings.

"Crop production (non-commercial)" means the cultivation of crops or the keeping of a garden on a residential parcel for the personal use of the residents.

"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").

"Detached building" means a building, no part of which is attached to any other building.

"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.

"Development impact fees" mean fees and charges imposed or controlled by the city which offset the cost of governmental services, public infrastructure or environmental impacts attributable to a project. Development impact fees specifically exclude application and administrative fees related to the processing of entitlements.

"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 ).

"Displaced Person" means any person who involuntarily moves from real property as a direct result of the rehabilitation, Demolition or other displacing activity and lawfully inhabited the property a minimum of ninety (90) days prior to the date that application is filed with the city for a land use permit allowing such Conversion or Demolition.

"Drive-through facilities" means a commercial establishment or an accessory facility of a commercial establishment in which customers wait in line in their vehicles to progress to a service point at which they briefly transact business from their vehicles and then immediately depart from the premises, including, but not limited to, banks (motor banks, drive-through banks, drive-up banks), fast food establishments, and film deposit and pickup establishments, but not including drive-in movies, drive-in car washes through which the vehicles do not travel on their own power, drive-in food establishments where customers do not wait in line in their vehicles for service, or gasoline service stations.

ncluding, 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;

2. Avionics;

3. Electrical transmission and distribution equipment;

4. Electronic components and accessories such as semiconductors, integrated circuits, related devices;

5. Electronic instruments, components and equipment such as calculators and computers;

6. Electrical welding apparatus;

7. Lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting;

8. Industrial apparatus;

9. Industrial controls;

10. Instruments for measurement, testing, analysis and control, and associated sensors and accessories;

11. Miscellaneous electrical machinery, equipment and supplies such as batteries, X-ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines;

12. Motors and generators;

13. Ophthalmic goods;

14. Optical instruments and lenses;

15. Photographic equipment and supplies;

16. Pre-recorded magnetic tape;

17. Radio and television receiving equipment such as television and radio sets, phonograph records and surgical, medical and dental instruments, equipment, and supplies;

18. Surveying and drafting instruments;

19. Telephone and telegraph apparatus;

20. Transformers, switch gear and switchboards;

21. Watches and clocks.

Does not include testing laboratories (research and development, soils and materials testing, etc.), which are defined under "business support services."

"Emergency shelters" mean housing with minimal supportive services for homeless persons that is limited to occupancy of six 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 singlefamily structure. Employee housing is not included within the definition of hotel, motel, or other similar term that implies the employee housing is a for-profit business and differs in any other way from a family dwelling.

"Entitlements" mean all permits, licenses and approvals required under Titles 18 and 19 of the Municipal Code of the city of Buellton allowing the permitted use, subdivision or improvement of real property, including, but not limited to, land use permits, tentative parcel maps and tentative tract

maps. As used herein, building permits and final maps constitute ministerial acts not requiring the exercise of administrative discretion. Except as otherwise provided in this chapter, building permits and final maps are expressly excluded from the term "entitlement" and do not activate any of the requirements set forth herein.

"Environmentally sensitive habitat area" means any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.

"Farm equipment and supplies sales (land use)" means establishments selling, renting or repairing agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching:

1. Dairy equipment;

2. Frost protection equipment;

3. Hay, grain and feed sales;

4. Irrigation equipment;

5. Packaged fertilizer;

6. Packaged agricultural sprays;

7. Livestock equipment;

8. Poultry equipment.

Sales may include the final assembly of farm machinery, implements or equipment from component parts received from the manufacturer in a partially assembled state, but not the creation of such components from raw materials. The sale of agricultural machinery does not include trailers, tractors and other motorized, self-propelled farm vehicles, which are included under "auto, 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.

"Glass products (land use)" means manufacturing establishments producing flat glass and other glass products which are pressed, blown, or shaped from glass produced in the same establishment. Does not include artisan and craftsman type operations of a larger scale than home occupations, which are included under handicraft industries and small scale manufacturing.

"Grading" means any excavation or filling of earth or combination thereof.

"Grazing (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.

"Group home, large" means a group home in which seven or more individuals reside and operate specifically for people with disabilities, whether the group home is required to be and is licensed by the state of California or is not required to be licensed by the state of California. Large group homes do not include small licensed residential care facilities.

"Guest house-cottage" means detached living quarters of a permanent type of construction without kitchen or cooking facilities of any kind, intended and used primarily for temporary guests of the occupants of the main building on the lot on which such guest house is located, and not rented or otherwise used as a separate dwelling.

"Habitable space" means as defined by Section 409 of the Uniform Building Code, space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space.

"Handicraft industries, small-scale manufacturing (land use)" means manufacturing establishments not classified in another major manufacturing group, including: jewelry, silverware and plated ware; musical instruments; toys; sporting and athletic goods; pens, pencils, and other office and artists' materials; buttons, costume novelties, miscellaneous notions; brooms and brushes; caskets; and other miscellaneous manufacturing industries. Also included are artisan and craftsmantype operations which are not home occupations, and which are not secondary to on-site retail sales.

"Hillside" means lands with slopes exceeding 20%.

"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.

"Household" 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.

"Housing Element" means the continuum of housing needs, goals, policies, quantified objectives, financial resources and scheduled programs for the preservation, improvement and development of housing adopted as part of the city's general plan pursuant to Section 65580 et seq., of the California Government Code.

"Housing first" means an approach to serving people experiencing homelessness that prioritizes the unconditional provision of access to housing. Under the housing first approach, anyone experiencing homelessness should be connected to a permanent home as quickly as possible, and associated programs should remove barriers to accessing the housing.

"Housing fund" means the city of Buellton Affordable Housing Trust Fund established pursuant to Section 19.16.022A of this title.

"Housing in-lieu fee" means a fee established pursuant to this chapter as an alternative equivalent action for producing affordable units on-site as part of a residential project. The housing in-lieu fee for low and very low income affordable units shall correspond to the sum used by the County of Santa Barbara in connection with its inclusionary affordable housing program and applicable to Santa Ynez housing market area, as such sum is periodically adopted and amended from time to time by the county board of supervisors. The housing in-lieu fee for moderate income affordable units shall be computed as that sum which is 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.

"Isosceles trapezoid" 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 ).

"Living area" means the interior living portion of a dwelling unit including basements and attics, not including the garage or an accessory structure.

"Local enforcement agency" for the purposes of Chapter 19.16 of this title means any lawfully empowered agent or agency of the city, state or federal government with police power authority to enforce laws relevant to the condition, maintenance and occupancy of residential dwellings per Chapter 19.16 of this title.

"Lodging" or "rooming house." See "boarding house."

"Lot area, gross" means the area included within the boundaries of the lot as described in the latest recorded deed to said lot or as shown on the recorded parcel or subdivision map creating the lot, including any portion so described or mapped lying within a public or private street.

"Lot area, net" means the gross lot area minus any area lying within a public street which is defined as a permanently reserved right-of-way which has been dedicated to the city.

"Lot 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, flag." See "Lot, interior."

"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.

"Lumber and wood products (land use)" means manufacturing, processing, and sales uses including:

1. Cooperage stock mills;

2. Lath mills;

3. Merchant sawmills;

4. Mobilehome and modular home assembly;

5. Pallets and skids;

6. Particle board assembly;

7. Planing mills;

8. Plywood and veneer mills;

9. Shingle mills;

10. Truss and structural beam assembly;

11. Turning and shaping on a manufacturing basis;

12. Wholesale sale of basic wood products;

13. Wood containers;

14. Wood preserving.

Craft-type shops are included in "handicraft industries and small scale manufacturing." Other wood and cabinet shops are included under "furniture and fixture products." The indoor retail sale of building materials, and the sale of construction tools and equipment is included under "building material stores." Outdoor retail sales of such products are included under "storage yards and sales lots."

"Manufactured home" means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Manufactured home includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974. If not placed on a permanent foundation, the manufactured housing is defined as a 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."

"Medical services—veterinary clinics and hospitals (land use)" means office and medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals.

"Membership organization facilities (land use)" means permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations; professional membership organizations; labor unions and similar organizations; grange and farm centers (not including sales activities, which are included under "farm equipment and supplies"); civic, social and fraternal organizations (not including lodging, which is under "organizational houses"); political organizations, country clubs (golf courses are under "parks and playgrounds") and other membership organizations.

"Metal products fabrication, machine and welding shops (land use)" means the assembly of metal parts, including blacksmith and welding shops, sheet metal shops, machine shops and boiler shops, that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products.

"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.

"Modular home" means a dwelling unit constructed in whole or in part of prefabricated material or components to be assembled on-site and affixed to a permanent foundation, subject to the requirements of the Uniform Building Code.

"Multifamily dwelling (land use)." See "dwelling, multifamily."

"Net buildable area" means the gross area of the properties listed in Figure 1 and Table 5 of section 19.16.013 of this title, less those portions of each site that cannot be developed due to physical features (e.g., topography and parcel configuration) or environmental constraints (e.g., flood hazards). Net buildable area shall be determined on the basis of field survey data, available GIS data, preliminary grading and drainage plans and similar supporting application materials and specialized studies submitted or performed in connection with applications for entitlements.

ped due to physical features (e.g., topography and parcel configuration) or environmental constraints (e.g., flood hazards). Net buildable area shall be determined on the basis of field survey data, available GIS data, preliminary grading and drainage plans and similar supporting application materials and specialized studies submitted or performed in connection with applications for entitlements.

"Net RHNA Goals" means the RHNA allocation for target households as of the start of the planning period ("baseline allocation"), less dwelling units completed between the start of the planning horizon (as determined by operation of state law) and the date of adoption of the current Housing Element of the Buellton General Plan ("pre-adoption adjustment"), adjusted annually on January 1st and thereafter based on actual construction occurring during the previous 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.

• 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"

"Non-restricted unit" means all units within a residential project excluding the affordable units.

"Nonconforming lot" means a lot the area, dimensions or location of which was lawful prior to the adoption of this title or any amendments hereto, and which does not conform to the present regulations of the zoning district in which it is situated.

"Nonconforming structure" means a building or structure, the setbacks, height, or location of which was lawful prior to the adoption of this title or any amendments hereto, and which does not conform to the present regulations of the zoning district in which it is situated.

"Nonconforming use" means any use of land, building, or structure which was lawful prior to the adoption of this title or any amendment hereto, and which does not conform to the present regulations on use of the zoning district in which it is situated.

"Notice to property owner document" means a notarized, legal document required by the city, to be completed and recorded with the deed by the property owner as part of a permit approval process and/or in conjunction with correction of a zoning violation. The purpose of the notice is to document specific conditions and/or restrictions that apply to a particular property and the improvements thereon.

"Offices (land use)" means professional or government offices including:

1. Accounting, auditing and bookkeeping services;

2. Advertising agencies;

3. Architectural, engineering, and surveying services;

4. Attorneys;

5. Counseling services;

6. Copying, quick printing, and blueprinting services;

7. Court reporting services;

8. Data processing and computer services;

9. Detective agencies and similar services;

10. Educational, scientific and research organizations;

11. Employment, stenographic, secretarial and word processing services;

12. Government offices including agency and administrative office facilities;

13. Management, public relations and consulting services;

14. Photography and commercial art studios;

15. Post offices (not including bulk mailing distribution centers, which are included under "vehicle and freight terminals");

16. Real estate agencies;

17. Writers and artists offices outside the home.

Does not include: medical offices, which are allowed under "medical services—clinics and laboratories"; or offices that are incidental and accessory to another business or sales activity that is the principal use. Incidental offices that are customarily accessory to another use are allowed in any zone as part of an approved principal use.

"Offices, temporary (land use)" means a 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.

   2. "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.

   3. "Private open space." Private open space shall include, but not be limited to, patios, decks, and yards for the private use of the residents of individual dwelling units.

• "Ordinance." See "zoning ordinance."

"Outdoor commercial recreation (land use)" means facilities for various outdoor participant sports and types of recreation, including: amusement, theme and kiddie parks; drive-in theaters; golf driving ranges independent from golf courses; miniature golf courses (golf courses are included under the definition of "parks and playgrounds"); skateboard parks and water slides; go-cart and miniature auto

race tracks; recreation equipment rental (e.g., ATCs and other nonhighway motor vehicles, roller skates); health and athletic clubs with predominately outdoor facilities; tennis courts, swim and tennis clubs. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including, but not limited to, bars and restaurants, fast-food restaurants, video game arcades, etc.

quipment 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.

"Parcel." See "lot."

"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.

hines (ATMs) independent from banks and financial institutions; beauty and barber shops; shoe repair shops; tanning salons; laundromats (self-service laundries); dry cleaning pick-up stores and small-scale dry cleaners without pick-up and delivery services; clothing rental; dating and escort services. These uses may also include accessory retail sales of products related to the services provided.

"Pipelines and transmission lines (land use)" means transportation facilities for the conveyance of: crude petroleum; refined petroleum products such as gasoline and fuel oils; natural gas; mixed, manufactured or liquefied petroleum gas; or the pipeline transmission of other commodities. Also includes pipeline surface and terminal facilities, including pump stations, bulk stations, surge and storage tanks. Power transmission includes facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers (classified under "offices"), distribution substations (classified under "public utility facilities"), or power plants (classified under "electric generating plants").

"Planning commission" means the city planning commission.

"Planning department" means the city planning department.

"Plant nurseries (land use)" means commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Also includes establishments engaged in the sale of such products (e.g., wholesale and retail nurseries) and commercial scale greenhouses (home greenhouses are included under "residential accessory

uses"). The sale of house plants or other nursery products entirely within a building is also included under "retail stores, general merchandise."

"Pool house/cabana" means a building or structure designed as accessory to a pool located on the same lot as the pool house/cabana.

"Premises" means the area of land in one ownership surrounding a house or building.

"Primary zoning district" means any one of the residential, commercial/industrial, or specialpurpose zoning districts established by Section 19.02.010 (Zoning districts established), that is applied to a site by the zoning map (Section 19.02.020 ), in addition to one or more of the overlay zones established by Sections 19.02.400 et seq. (Overlay zoning districts).

"Principal structure" means a structure in which is conducted the principal use of the lot on which it is situated. In any residential, agricultural or estate district, any dwelling shall be deemed to be the principal structure on the lot on which it is situated.

"Public safety facilities (land use)" means facilities operated by public agencies including fire stations, lookouts, other fire prevention and firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.

"Public utility facilities (land use)" means fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091 : electrical substations and switching stations; telephone switching facilities; natural gas regulating and distribution facilities; public water system wells, treatment plants and storage; and community wastewater treatment plants, settling ponds and disposal fields. These uses do not include office or customer service centers (classified in "offices"), or equipment and material storage yards.

"Public utility" 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.

2. All public transportation facilities, including streets, roads, highways, public parking lots and structures, airports, railroads, and mass transit facilities and stations, bridges, trolley wires and other related facilities financed and owned by the government.

"Qualifying resident" means senior citizens or other persons eligible to reside in senior citizen housing as provided in California Civil Code Sections 51.3 and 51.12 , or a 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.

"Recreation and fitness centers (land use)" means primarily indoor establishments providing amusement, entertainment, or physical fitness services for a fee or admission charge, such as: arcades containing coin operated amusements and/or electronic games (five or more such games or coin-operated amusements in any establishment constitutes an arcade pursuant to this definition, four or less are not considered a land use separate from the primary use of the site); card rooms, billiard and pool halls; bowling alleys; ice skating and roller skating; dance halls, clubs and ballrooms which are principal uses rather than being subordinate to an eating or drinking place; fitness centers, gymnasiums, health and athletic clubs including indoor sauna, spa or hot tub facilities; tennis, handball, racquetball, indoor archery and shooting ranges and other indoor sports activities.

"Recreational vehicle 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."

esale 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:

1. Artists' supplies;

2. Auto parts (not repair or machine shops);

3. Bicycles;

4. Books;

5. Cameras and photographic supplies;

6. Clothing and accessories;

7. Department stores;

8. Drug and discount stores;

9. Dry goods;

10. Fabrics and sewing supplies;

11. Florists and houseplant stores (indoor sales only—outdoor sales are "plant nurseries");

12. General stores;

13. Gifts, novelties and souvenirs;

14. Handcrafted items (stores may include crafting operations subordinate to sales);

15. Hardware;

16. Hobby materials;

17. Jewelry;

18. Luggage and leather goods;

19. Musical instruments, parts and accessories;

20. Newsstands;

21. Orthopedic supplies;

22. Pet stores;

23. Religious goods;

24. Small wares;

25. Specialty shops;

26. Sporting goods and equipment;

27. Stationery;

28. Toys and games;

29. Variety stores.

"Retention period" means the duration of time that the Affordable Housing Agreement remains in effect for affordable units under Chapter 19.16 of this title.

"RHNA" means the regional housing needs allocation ("RHNA") process that establishes goals for new residential dwellings to be attained during the planning horizon of the current adopted Housing Element of the Buellton General Plan.

"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.

2. When used in reference to residential use in conjunction with commercial and industrial uses in this title, secondary shall mean two residential bedrooms per 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 .

"Service station (land use)" means a retail place of business engaged in supplying goods and services generally required in the normal operation and maintenance of automotive vehicles and to the fulfilling of motorists needs. These include sale of petroleum products, sale and servicing of tires, batteries, automotive accessories and replacement items. Washing and lubrication services; the performance of minor automotive maintenance and repair; and the supplying of other incidental customer services and products. Major motor repairs, painting and body and fender work and mechanical car wash are excluded.

"Setback" means the minimum required distance that a building or structure must be located from any property line or street centerline.

"Setback, front" means a setback extending across the front of a lot between the inner side setback lines and measured from the front line of the lot to the front line of a building.

"Setback, rear" means a setback extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building. For the purpose of this title, the rear setback of an irregular or triangular lot shall be measured from a line at least 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 .

"Sign area" means the area of the smallest rectangle within which a single sign face can be enclosed. See Section 19.04.170F .

"Sign copy" 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, projecting" means a sign attached perpendicular to a building wall.

"Sign, roof" means a sign located on a building roof, above the mansard of a building or that extends above the roof line of a building.

"Sign, suspended" means a sign that hangs from under an eave, awning or arcade.

"Sign, temporary" means a sign constructed from a nonpermanent material, in place for a temporary time period (e.g., banners).

"Sign, wall" means a sign affixed to the wall of a building that is flush with the wall.

"Site 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.

"Studio dwelling unit" means a single dwelling unit that does not contain a separate bedroom.

"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.

"Target population" means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commending with Section 4500 ) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly

persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

"Temporary guest" means nonpaying guests occupying the premises for no more than 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.

"Vision clearance" means a triangular space at the street or highway corner of a corner lot containing no planting, walls, or other structure exceeding three feet in height. Vision clearance shall be measured along the street line from the corner to the hypotenuse of the triangle.

"Warehousing (land use)" means facilities for the storage of farm products, furniture, household goods, or other commercial goods of any nature for later distribution to wholesalers and retailers. Includes cold storage. Also includes warehouse, storage or mini-storage facilities offered for rent or lease to the general public. Does not include warehouse facilities where the primary purpose of storage is for goods for wholesaling distribution. Does not include terminal facilities for handling freight (classified in "vehicle and freight terminals").

"Wholesaling and distribution (land use)" means establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as: merchant wholesalers; agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of farm products; stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment; bottling works.

"Wind energy conversion system" (WECS) means any device which converts wind energy to a form of usable energy. WECS producing electricity are included here; those used for direct climate control, water pumping or other conversion to mechanical or thermal power, are included under "agricultural accessory structures." Transmission lines located off the site of the power plant are included under "pipelines and transmission lines." Electrical substations are included under "public utility facilities."

energy. WECS producing electricity are included here; those used for direct climate control, water pumping or other conversion to mechanical or thermal power, are included under "agricultural accessory structures." Transmission lines located off the site of the power plant are included under "pipelines and transmission lines." Electrical substations are included under "public utility facilities."

"Winery" means a bonded establishment primarily used for the purpose of processing grapes or other fruit products. Processing includes, but is not limited to, crushing, fermenting, blending, aging, storage, bottling, and wholesale/retail sales.

"Zoning administrator" means a position authorized by Section 65900 et seq., of the California Government Code created by ordinance, which authorizes a hearing officer to hear and decide applications including, but not limited to, minor use permits and variances, as set forth within this title.

"Zoning clearance" means the procedure for land use and development review and approval described in Section 19.08.100 .

"Zoning ordinance," "this ordinance" means the city zoning ordinance authorized by Section 65850 of the Government Code.

(Prior code § 19.12.020; Ord. 94-13, 1994; Ord. 96-02 § 12, 1996; Ord. 06-02 § 12, 2006; Ord. 0612 §§ 15, 16, 2006; Ord. 09-06 § 3, 2009; Ord. 19-03 § 2, 2019; Ord. 20-05 § 2, 2020; Ord. 25-02, 5/8/2025)