A staff oversight causing “an unusual circumstance” has led to a delay for the Buellton Planning Commission’s formal action regarding a proposed In-N-Out Burger project. 

On Thursday night, commissioners postponed the item after City Manager Scott Wolfe explained that the Santa Ynez Band of Chumash Indians had requested a consultation, an item overlooked when it initially arrived. 

In-N-Out has applied to build a Buellton location at a site of the closed Parks Plaza Theatre at 515 McMurray Road. 

However, staff recommended denying the project, citing traffic concerns.

In mid-November, planning commissioners directed staff to return with findings to support approval of the project, setting the stage for Thursday’s meeting.

Two hours before the start of Thursday’s meeting, Wolfe said, he learned about the overlooked request from the Chumash to review the proposal as allowed under Assembly Bill 52. 

“The tribe has asked for consultation. The city is required to consult with the tribe and conclude consultation prior to the approval of any project on the site,” Wolfe added.

The city’s attorney said the commission’s possible approval should await completion of the consultation, according to Wolfe.

“This is a tremendous oversight. It’s something that shouldn’t have happened,” Wolfe said, noting that the staffing situation early in 2022 led to the missed request from the Chumash. 

In-N-Out’s Marc Levun objected, saying it was “an enormous shock” and urged commissioners to consider formalizing approval Thursday, calling the estimated two- to three-month delay “really unbelievably egregious.”

“This is a due process issue,” he said, contending that the commission had already approved the project.

City staff and commissioners disagreed that they had approved it.

“It is clear the commission intended to approve the project. That was clearly the intent, and the vote reflects that,” Wolfe said.

However, commissioners still need to make findings and conditions to support approval, he added.

Levun also argued against the nonspecific timeline for the delay and the Chumash consultation.

“There has to be some degree of fairness here,” Levun said. 

Sam Cohen, government affairs and legal officer for the Chumash tribe, said the law doesn’t set a time frame for the tribal review.

“We will do our absolutely best to get this done in two to three months,” Cohen said. 

Wolfe also revealed that the Chumash and Santa Ynez Marriott along with In-N-Out were working to resolve a dispute regarding reciprocal access and parking easement, key since the parking lots for the old theater, hotel and Chumash Employment Resource Center remain connected.