Despite traffic remaining a top worry with several significant concerns yet to be resolved, the Buellton Planning Commission narrowly approved the proposed In-N-Out Burger at the site of the city’s closed theater.

On Thursday night, after two hours on the topic, commissioners voted 3-2 to approve a conditional use permit, with Chair Patty Hammel plus Art Mercado and Marcilo Sarquilla in favor. Voting against the item were Commissioners Shannon Reese and Laura DeFazio.

In-N-Out applied to build a 3,885-square-foot restaurant at 515 McMurray Road, the former home of the Parks Plaza Theatre. The building at the 1.35-acre site would be torn down.

“No one’s going to be happy,” Mercado said of the controversial project strongly opposed by residents in the Vineyard Village neighborhood nearby.

“We have a viable business who wants to come into Buellton and grow and help Buellton grow so I’m in favor for this project. I think overall it’ll be a great project,’ Mercado said. 

Reese agreed with staff’s original recommendation that the commission should deny the project. 

“I don’t object to the proposed use but I have major reservations about the project’s policy consistency, findings and the CEQA (California Environmental Quality Act) document that was prepared,” Reese said. 

The peer review of the traffic study talks about proposal steps not being adequate, feasible or effective, she added.

Worries extend beyond just drive-through traffic spilling from the site onto McMurray Road. Community members are also concerned about impacts to already congested intersections in the city. 

Jim Lockington, In-N-Out manager of new store development, said the firm had concerns about six of the approximately 100 conditions for the project, with those items focused on traffic-related matters. 

Those objections involve being responsible for cumulative traffic impacts, not just those created by In-N-Out, and he called for a fair share approach. 

For instance, property acquisition needed to widen an offramp could be troublesome for a private firm, versus a government agency. 

“We’re not trying to be difficult by any means, but the reality of these conditions is it could put us in a pickle,” Lockington said, adding the firm may have to consider if the project would be economically feasible if the traffic-related requirements end up being costly.

One small change to help ease traffic congestion involved switching the driveway to two lanes for traffic entering the site and one lane for exiting.

In a Sept. 13 letter, a Caltrans representatives said they continue to have concerns with the impact the In-N-Out will have on traffic at the intersection of Highway 246 and McMurray Road, plus the Highway 101 off-ramps at Highway 246 and the formerly named Damassa Road. 

“The mitigation measures currently proposed do not adequately mitigate the project’s impact on our system,” wrote Jenna Schudson, a Caltrans development review coordinator. “Continued coordination between Caltrans, the City of Buellton, and the applicant is necessary to come to an acceptable set of mitigations for this project.”

One item in the Planning Commission’s approval grants In-N-Out 180 days, not the typical 60 days after the action, to accept the conditions. If they can’t come up with a plan during talks with the city and Caltrans, In-N-Out could return to the Planning Commission.

“I know it’s a lot, but I do believe that we can work through some of these traffic issues,” Hammel said.

Once built, if traffic troubles arise, Hammel said she believes In-N-Out would work to fix the situation. 

Multiple Vineyard Village residents spoke out against the proposal, urging commissioners to reject it.

“I would love to see In-N-Out in the valley, I just think this is a really poor location,” said Louis Farah, president of the Vineyard Village Homeowners Association. 

After hearing from Santa Barbara County Sheriff’s Office Lt. Mark Valencia, who serves as police chief for Buellton, commissioners agreed In-N-Out should consult with the law enforcement agency as it works through the traffic issues.

Buellton planning commissioners took their first look at the proposal in 2021.

The topic returned to the commission after 10 months. Last November, staff recommended rejecting the plan, but commissioners directed them to return with findings for approval. 

A snag arose when the project returned in early 2023. Neighbors Santa Ynez Marriott and Chumash Employee Resource Center said In-N-Out didn’t have permission to the long-standing access way between the properties. 

Additionally, the Santa Ynez Valley Band of Chumash Indians said their request for tribal consultation as allowed by state law had not occurred, but has since been completed.

In the months since, the Marriott and Chumash agreed to close off access between In-N-Out and their properties, with access for emergency vehicles, if required.

Opponents have 10 days after Planning Commission’s action to appeal the decision to the City Council, city staff said.