Buellton council amends housing element and introduces zoning and specific-plan ordinances to align emergency-shelter rules

The Buellton City Council on April 24 adopted a resolution amending the housing element of the General Plan to reflect a previously adopted urgency ordinance on emergency shelters, and introduced two ordinances to update the zoning code and the Avenue of the Flags Specific Plan to implement housing-element programs.

Planners told the council the package consists of three linked actions: Resolution 25-11 to revise housing element background and justification language related to emergency shelters; Ordinance 25‑02 to amend Title 19 (zoning) to codify the earlier urgency ordinance and implement adopted housing programs; and Ordinance 25‑03 to amend the Avenue of the Flags Specific Plan for consistency with the proposed housing and zoning changes.

Associate Planner Tara Morales summarized the proposals as housekeeping and implementation measures. The zoning ordinance amendments would: codify the urgency ordinance that allows emergency shelters by right in the industrial zone and removes that allowance from general commercial and service commercial zones; implement supportive and transitional housing provisions (including low-barrier navigation centers and employee housing standards); and consolidate or clean up several housing-related definitions and preferences.

Planning staff also said the amendments would address density bonus requests under state law and their interaction with the city’s Development Opportunity Reserve (DOR) within the Avenue of the Flags Specific Plan. The council was presented three options: (A) disallow DOR when a density bonus is requested; (B) disallow DOR only when a DOR is functionally similar to a density-bonus concession; or (C) allow both DOR and density bonus requests and evaluate DOR on a case‑by‑case basis. Planning staff noted the city must grant state density bonuses when applicants qualify.

Council discussion focused on maintaining local discretion and avoiding procedural hurdles. One councilor said limiting DOR when a density bonus applies would tie the council’s hands; several members favored allowing DOR alongside density bonuses to retain flexibility. Council members also discussed whether to create a separate application fee for density-bonus requests; staff said state law requires a separate application but that a fee would require a fee study and might present administrative obstacles. Council consensus favored not setting a new density-bonus application fee at this time.

Environmental review: staff reported the housing-element amendment is subject to a general-rule CEQA exemption; the zoning amendments were covered by the housing-element initial study and negative declaration; and the specific-plan amendment was covered by a prior initial study and mitigated negative declaration.

Action and votes: the council adopted Resolution 25‑11 (amending the housing element) by recorded vote. The council then introduced Ordinance 25‑02 (amending Title 19 zoning) by title only and waived further reading; council direction established Option C — allowing both DOR and density-bonus requests, with DOR considered case by case — and the council also directed staff not to set a separate density-bonus application fee at this time. The council introduced Ordinance 25‑03 (Avenue of the Flags Specific Plan amendment) by title only and waived further reading; the introduction passed on voice vote.

Quotes: “All of the amendments relate to housing in some way,” Associate Planner Tara Morales said as she summarized the package. Planning staff explained the difference between density-bonus mandates under state law and the local DOR program: "You have to grant the density bonus; but the city has discretion on whether to grant a DOR request," a planning presenter said.

Staff will return with draft ordinance language for formal adoption readings and any fee-study proposals if the council later directs one. The council’s chosen approach preserves local flexibility for DOR requests while maintaining compliance with state density-bonus law.