Buellton City Zoning Code
CHAPTER 19
04 GENERAL DEVELOPMENT REGULATIONS
§ 19.04.010 Purpose and applicability of chapter.
A.
Purpose. This chapter provides general regulations to guide the location, design and development of new land uses and the alteration of existing uses. This chapter supplements and works with the requirements for development in each zone established by Chapter 19.02 of this title.
B.
Applicability. No land use permit shall be approved as provided by Chapter 19.08 of this title, no zoning clearance shall be granted pursuant to Section 19.08.100 of this title, and no subdivision of land shall be approved pursuant to Title 18 of this code, no construction shall be commenced, and no new land use shall be established unless the proposed land use, construction, or subdivision satisfies all applicable provisions of this chapter.
(Prior code § 19.04.010; Ord. 94-13, 1994)
§ 19.04.100 Fencing and screening.
Development in a commercial or industrial zoning district shall be fenced and screened as follows:
A.
Abutting Residential Zoning. A six-foot high decorative masonry wall shall be provided along each side or rear property line abutting a residential zone, extending to within 20 feet of the right-of-way of existing or proposed streets. A row of trees or other plant material shall also be provided, of a type approved by the department which will provide continuous screening to an approximate height of not less than 20 feet nor more than 40 feet when mature.
B.
Across Street from Residential. Where property on the opposite side of an existing or proposed street is zoned for residential use, a decorative masonry wall of at least three feet in height shall be provided along the street property line, except at access points, and except for the front property line of a service station. The wall shall be set back at least three feet from the property line, with the setback area landscaped. These conditions may be modified by the director or commission if they determine that the street width or other conditions will make the screening wall and landscaping ineffective or unnecessary.
C.
Outdoor Storage. Outdoor storage areas shall be screened from view of any street by a wall or fence six feet in height. The wall or fence shall be located not closer than five feet to the street right-of-way. The space between the wall or fence and the street shall be landscaped. Areas where stored materials or equipment exceed a height of six feet shall be landscaped by a row of trees or other screening plant materials of a type approved by the director to provide continuous screening to an approximate height of not less than 20 feet nor more than 40 feet when mature.
(Prior code § 19.04.100; Ord. 94-13, 1994)
§ 19.04.102 Fence, wall, and gatepost height limits.
A.
Height Limits and Permit Requirements. In all districts, fences, walls and gateposts may be located in conformance with the following chart, except that corner lots must meet the vision clearance requirements of Section 19.04.110(C).
Location of fence, wall or gatepost | Maximum height for exemption from land use permit | If not exempt from land use permit, type of permit required in all zones |
|---|---|---|
At or beyond front setback line | Fences and walls 6 ft. or less in height Gateposts less than 8 ft. | Minor use permit for fences and walls more than 6 ft. or gateposts more than 8 ft. in height |
Between front yard setback line (or street side of corner lot) and street property line | 6 ft. at setback line, decreasing in height to a maximum of 3 ft. at street property line (see illustration) | Minor use permit for fences and walls that exceed these standards |
Side or rear setback | Fences and walls 8 ft. or less in height Gateposts 10 ft. or less in height that are not closer than 20 ft. to the right-of-way of any street | Minor use permit for fences and walls more than 8 ft. or gateposts more than 10 ft. in height, or closer than 20 ft. to the right-of-way of any street |
Outside of setbacks | Fences and walls 8 ft. or less in height Gateposts 10 ft. or less in height | Zoning clearance for fences and walls more than 8 ft. or gateposts more than 10 ft. in height |
B.
Exceptions to Fence Height Limits. A maximum of ten percent of the total linear length of a wall or fence may be allowed to exceed the maximum height specified for exemption from a land use permit, where topographic or other unavoidable conditions will destroy its architectural integrity if held to the maximum height specified for its entire length.
C.
Measurement of Fence Height. The height of walls, fences, or gateposts shall be determined by measurement from the natural grade at the lower side of the fence, wall, or gatepost.
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(Prior code § 19.04.102; Ord. 94-13, 1994)
§ 19.04.110 Height measurement and height limit exceptions.
The following height limit requirements override the height limits established by Chapter 19.02 of this title for each zoning district.
A.
Measurement of Height. The height limits for buildings and structures established by Chapter 19.02 for each zone, or other height limits in this title, shall be measured as the vertical distance from the highest point of the structure to the average of the highest and lowest points where the exterior walls touch the natural grade, as shown in the following figure.
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B.
Exceptions to Zoning Height Limits. Chimneys; elevator and stair housings; television receiving antennae for individual receiving sets; flagpoles; monuments; oil and gas derricks; church spires; wind turbines; and similar architectural features and similar structures may be 50 feet in height in all zones.
C.
Vision Clearance. A vision clearance of not less than ten feet shall be provided on all corner lots in all zoning districts.
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(Prior code § 19.04.110; Ord. 94-13, 1994; Ord. 06-12 § 11, 2006)
§ 19.04.120 Landscaping requirements.
Proposed development shall include the installation and maintenance of landscaping as required by this section, and Sections 19.04.100 and 19.04.144 of this chapter.
A.
Multifamily Residential Development. Multifamily dwelling projects in the RM zone shall be provided with landscaping and open space as follows:
1.
Not less than 40% of the net area of the property shall be devoted to common open space.
2.
Any driveway or uncovered parking area shall be separated from property lines by a landscaped strip not less than five feet in width.
3.
In the case of cluster development the perimeter of the development shall be landscaped with a minimum strip of ten feet.
B.
Commercial Zones. Proposed development in the CN, CR and CS zones shall be landscaped as follows; a landscape plan shall be submitted to and approved by the department for all developments within these zoning districts.
1.
Not less than five percent of the net lot area shall be landscaped.
2.
All portions of any setback areas fronting on streets shall be landscaped.
C.
Industrial Zone. Proposed development in the M zone shall be designed and constructed to provide landscaping as follows:
1.
Not less than ten percent of the net lot area shall be landscaped.
2.
All landscaping shall be in conformance with the approved development plan.
3.
The side and rear property lines shall be landscaped with a minimum of a five-foot wide planted area and the front property line shall be landscaped with a minimum of a ten-foot wide planted area.
4.
Where any portion of a lot abuts a lot in a residential or commercial district, in addition to the five-foot wide planted area, a masonry wall not less than six feet in height shall be provided along such abutting portion.
5.
Installation and maintenance of required landscaping shall be guaranteed by performance securities as set forth in Section 19.04.173(E) of this chapter.
D.
Maintenance Required. All plant materials required by this title shall be permanently maintained.
(Prior code § 19.04.120; Ord. 94-13, 1994)
§ 19.04.124 Landscaping plans.
Where the provisions of this title require a landscape plan in conjunction with proposed development the following shall apply:
A.
The department shall review the landscape plan and may approve or conditionally approve the plan.
B.
Prior to the issuance of a land use permit for the development, a performance security, in an amount to be determined by the department to guarantee the installation of plantings, walls, and fences, in accordance with the approved landscape plan, and adequate maintenance of the planting shall be filed with the city, if deemed necessary by the director.
C.
Performance securities will be released by the city at the time of approval by the department for the installation and the remaining performance security for landscaping maintenance will be released at the end of the designated time period by the city provided the planting has been adequately maintained.
(Prior code § 19.04.124; Ord. 94-13, 1994)
§ 19.04.130 Outdoor lighting.
A.
Purpose. The purpose of this section is to ensure outdoor lighting practices and systems which will:
1.
Minimize light pollution, including glare, light trespass and skyglow;
2.
Conserve energy and preserve community character while maintaining nighttime safety and adequate visibility;
3.
Protect the night sky, people, and wildlife from adverse effects of night lighting; and
4.
Implement a good neighbor policy, where lighting is considerate of the right to the peaceful enjoyment of neighbors' homes, businesses, and property, especially between sunset and sunrise.
B.
Applicability.
1.
New and Replaced Outdoor Lighting. Unless specifically exempt or subject to any other applicable code or regulation, all new and replaced outdoor lighting installed shall comply with the requirements of this section, including lighting used for, but not limited to, the following:
a.
Buildings and structures, including entryway lighting, and on open canopies;
b.
Landscape and architectural lighting;
c.
Parking lot and street lighting;
d.
Security lighting, including temporary security lighting during construction;
e.
Pedestrian areas and walkways;
f.
Trails and parks;
g.
Sign lighting;
h.
Recreational lighting for sports fields, ball courts, and similar.
2.
Discretionary Permits. Whenever discretionary land use permit approval is granted on a site where nonconforming outdoor lighting exists, such lighting shall comply with the requirements of this section prior to final inspection by the planning department; provided, however, that:
a.
The director may waive the requirement that existing nonconforming lighting be brought into conformity where there would be only a minor alteration, addition, or replacement to an existing structure.
3.
Major Modifications.
a.
If a major modification occurs on a property, the entire property shall comply with the requirements of this section. For purposes of this section, the following are considered to be major modifications:
i.
Modifications of 25% or more in terms of additional dwelling units, gross floor area, exterior facade area, seating capacity, or parking spaces, either with a single addition or with cumulative additions subsequent to the effective date of this provision.
C.
Exemptions. The following types of outdoor lighting are exempt from the provisions of this section.
1.
Underwater lights used to illuminate swimming pools, spas, fountains, and other water features.
2.
Pathway, landscape, and architectural lights, to which all of the following apply:
a.
No more than 300 lumens;
b.
4 watt LED or 25 watt incandescent;
c.
3000K or less;
d.
At least partially shielded, as defined; and
e.
In the case of landscape and architectural lights which use uplighting, these shall be aimed to hit their target such that the light is contained by landscape or architectural elements.
3.
String lighting which is:
a.
No more than 50 lumens per individual lamp/bulb with a total lumen output of no more than 1,000 lumens;
b.
3000K or less;
c.
At least partially shielded, as defined; and
d.
Mounted no more than 12 feet in height.
4.
Temporary lighting which is:
a.
Used for seasonal lighting decoration, as defined, provided that such lighting is in place no longer than 30 days prior to a holiday or tradition, or more than 30 days after the holiday or tradition, for a maximum of 60 days per year. Such lighting may include laser source lights but may not include high intensity lights such as searchlights, floodlights, strobe lights, or similar.
b.
Approved by the planning director as part of a special events permit or temporary use permit, provided that the intent of this section is met to the extent feasible.
c.
Emergency lighting under the direction of governmental agencies or medical professionals.
5.
Lighting for school district sites and/or other governmental facilities which are otherwise exempt from local regulations.
D.
Prohibited Outdoor Lighting. Outdoor lighting subject to this section shall not consist of the following types:
1.
High intensity lights such as searchlights, floodlights, laser source lights, strobe lights, or similar.
2.
Permanently installed lighting device located on the exterior of a building or on the inside of a window, that blinks, flashes or is of brightness that is visible beyond the boundaries of the parcel and that results in light trespass.
3.
Lighting which interferes with the safe movement of motor vehicles, such as lighting that distracts or disables the vision of a motor vehicle operator (e.g., excessively bright or rapid blinking, flashing, and/or motion video) or contributes to traffic control confusion (e.g., sources resembling or imitating traffic signals).
4.
Digital billboards.
E.
General Requirements. Outdoor lighting subject to this section shall comply with the following:
1.
Orientation.
a.
Outdoor lighting shall be directed downward.
b.
Lighting fixtures shall be mounted parallel to the ground, except that lighting for exterior signs may be angled so that light is directed to illuminate the sign only.
2.
Shielding.
a.
Outdoor light fixtures shall be fully shielded, as defined (see Figure A for examples of unshielded versus fully shielded lights), except for the following:
i.
Outdoor light fixtures in the Avenue of Flags specific plan area may have sides which are made of opaque or semi-opaque materials, provided the fixture has an opaque top to keep light from shining directly upwards. The sides shall completely cover the light source. Fixtures with opaque sides may have incidental decorative perforations that emit small amounts of light. Semi-opaque material, such as dark tinted glass or translucent plastic, may be used if the light source is not discernable behind the material. Completely transparent materials, such as clear glass, are not allowed.
ii.
Wall signs may be internally illuminated on commercial development within the general commercial (CR) zoning district, provided semi-opaque materials are used such that the light emanating from the sign is diffused. Transparent or clear materials are not allowed.
iii.
Uplighting is permitted for outdoor lighting fixtures on residential structures only when the fixture is installed beneath a covered porch or comparable structure that fully obstructs the emission of light into the sky. Such installations shall be considered compliant with the requirements for a fully shielded light (see Figures B and C).
b.
The light source shall not be visible beyond the property lines.
c.
Exterior lights shall be directed away from areas zoned or developed residentially, areas zoned as open space, and creeks or rivers (see Figure B).
d.
Additional shielding (such as a shielded directional fixture, as defined, further recessed bulbs, and/or lower lumens) may be required in cases where outdoor lighting is installed 12 feet or more above the grade of adjacent residential sites and where there would be unacceptable light trespass onto residential units.
e.
In certain locations or circumstances, interior lighting may need evaluation and require regulation if the fixtures result in glare or light trespass onto neighboring properties, or sky glow.
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 Figure B — Light Directed Away from Sensitive Areas |
3.
Bulbs/Lamps.
a.
LED. Light bulbs shall be LED or equivalent low voltage/high efficacy.
b.
Color Temperature. Light bulbs shall have a correlated color temperature (CCT) of 3000 Kelvin (K) or less, except for the following:
i.
Light bulbs shall be no more than 2700 K when located within 100 feet of the open space zoning district, 50 feet or less from the top of bank of creeks, and/or 200 feet or less from the top of bank of the Santa Ynez River; if more than one of these applies, the most stringent shall apply.
4.
Maximum Heights.
a.
Parking lot lights and freestanding security/yard lights within residentially zoned areas or within 100 feet of residential development shall have a maximum mounting height of 15 feet, otherwise parking lot lights and freestanding security/yard lights shall have a maximum mounting height of 20 feet.
b.
Streetlights shall be the minimum height needed for adequate illumination, per applicable standards utilized by the Public Works Department.
c.
Freestanding lights for pedestrian areas and pathways shall be a maximum of 12 feet in height.
d.
Lighting installed on the ground floor of buildings, or on any other structure except upper building floors, shall not exceed 12 feet in height measured from the ground directly below the fixture. Light fixtures installed beneath gas station canopies may exceed this limit but shall not exceed 20 feet in height above finished grade.
5.
Lighting Controls. Outdoor lighting must be turned off during daylight hours and during any hours when the structure is not in use, except as provided below.
a.
When People are Present. Outdoor lighting may remain on when people are present in the outdoor areas being illuminated, except as provided below.
b.
Code Required Lighting. Building or other construction and safety code required lighting for steps, stairs, walkways, entrances, parking areas, and other building and site features that is dimmed to the minimum light level necessary to meet code requirements.
c.
Safety and Security Lighting.
i.
Motion-Controlled Security Lighting. Security lighting may be controlled by a motion-sensor switch between sunset and sunrise the following day provided the lighting does not remain on longer than five minutes after activation.
ii.
Commercial and Industrial Zones Not Adjacent to Residential Zones, Creeks or the Santa Ynez River. Outdoor security lighting in commercial and industrial zones not adjacent to a residential zone, creeks, or the Santa Ynez River may remain on between sunset and sunrise the following day provided lights are dimmed to the minimum level to meet safety and security requirements and are on a timer or sensor that automatically extinguishes the light when sufficient daylight is available.
d.
All illuminated advertising signs shall be off between 11:00 p.m. and sunrise the following day, except that on-premises signs may be illuminated while the business is open to the public.
6.
Photometric Plans. In order to mitigate light trespass onto neighboring properties, photometric plans will be subject to the following:
a.
The following types of development are not required to provide a photometric plan, unless the planning director determines unique circumstances exist on a site which would necessitate a photometric plan in order to analyze light trespass.
i.
Applications which include outdoor lighting associated with residential dwellings of up to two units.
ii.
Applications solely for accessory and canopy structures pursuant to Section 19.06.010 of this title which include outdoor lighting.
b.
Unless exempt, a photometric plan shall be submitted with development applications for any of the following: (i) new buildings and structures with proposed outdoor lighting; (ii) site-wide lighting; (iii) applications for discretionary land use permits and major modifications as defined in this section.
c.
Photometric plans shall show foot-candle readings every 10 feet within the subject site and at least 20 feet beyond the property lines.
d.
When a photometric plan is required, outdoor lighting brightness shall not exceed the following levels on the subject site. If more than one of these applies, the most restrictive standard shall apply.
i.
General. 10.0 foot-candles maximum on the subject site, except for within and near the open space zoning designation, within and near creeks and river areas, and on service/gas stations and auto sales lots, as specified.
ii.
Open Space Areas. 0.1 foot-candles maximum on and within 100 feet of properties zoned as open space (OS), with exception made for the following:
(A)
Security lighting which is no more than 2,600 lumens and controlled by a motion-sensor switch between sunset, and sunrise the following day provided the lighting does not remain on longer than five minutes after activation.
iii.
Creeks and River Areas. 0.1 foot-candles maximum within 50 feet from the top of bank for creeks, and 200 feet from the top of bank of the Santa Ynez River, with exception made for the following:
(A)
Security lighting which is no more than 2,600 lumens and controlled by a motion-sensor switch between sunset, and sunrise the following day provided the lighting does not remain on longer than five minutes after activation.
iv.
Service/Gas Stations and Auto Sales Lots. 40 foot-candles maximum on subject sites with service/gas stations or auto sales as the primary use.
e.
When a photometric plan is required, outdoor lighting brightness shall not exceed the following levels at or beyond the subject site's property lines. If more than one of these applies, the most restrictive standard shall apply.
i.
0.1 foot-candles maximum at property lines on sites zoned or developed with residential uses and sites abutting a residential zoning district, including mixed-use developments with residential units.
ii.
0.3 foot-candles maximum at 20 feet from property lines on sites zoned or developed with commercial or industrial uses or sites abutting commercial or industrial zoning districts, except as otherwise specified.
iii.
Within the Avenue of Flags Specific Plan Area, 1.0 foot-candles maximum at property lines, except for sites abutting residential zoning districts or a site developed residentially, including mixed-use developments with residential units, for which the maximum foot-candles at those property lines shall be 0.1.
7.
Outdoor lighting shall be in compliance with all applicable provisions of the latest adopted editions of the California Electrical Code and Energy Code. If any provisions of this section conflict, the California Electrical Code and Energy Code shall prevail.
F.
Outdoor Recreational Lighting. Regardless of the provisions of this section, only the following requirements shall apply to recreational lighting, as defined.
1.
Application Requirements. Applications for recreational lighting require a minor use permit through the planning director.
2.
Shielding. Recreational lighting shall be fully shielded except when such shielding would cause impairment to the visibility required in the intended recreational activity. In such cases, partially shielded fixtures and downward lighting methods shall be utilized to limit light pollution, glare, and light trespass to a reasonable level as determined by the planning director.
3.
Color Temperature. Light bulbs shall have a correlated color temperature (CCT) of 5700 Kelvin (K) or less.
4.
Photometric Plan Required. There shall be a maximum of 50 foot-candles allowed, contained within an outdoor recreational area when measured from five feet above grade.
5.
Timing Controls. Recreational facilities shall not be illuminated unless the facilities are being utilized, with the exception of security lighting, when no more than 2,600 lumens and controlled by a motion-sensor switch which keeps the light off between sunset and sunrise the following day except when activated by motion detection, provided the lighting does not remain on longer than five minutes after activation.
G.
Planning Director Exceptions.
1.
Designs, materials, or methods of installation not specifically prescribed by this section may be approved at the discretion of the planning director. In approving such a request, the planning director shall find that the proposed design, material, or method provides approximate equivalence to the specific requirements of this section or is otherwise satisfactory and complies with the intent of these provisions.
2.
Accent Lighting. Accent lighting for architectural features, national flags, statues, public art, public signage or other objects of interest is subject to planning director review and approval. In granting a request for approval of accent lighting, the planning director shall make all of the following findings:
a.
The lighting fixture emits a very narrow cone of light for the purpose of confining the light to the object of interest itself; and
b.
The lighting fixture minimizes light pollution, light trespass, and glare to the maximum extent feasible.
H.
Application Requirements.
1.
An application that includes outdoor lighting shall include information and materials as identified in the applicable checklist provided by the planning department that show the proposed outdoor lighting will comply with the requirements of this section.
2.
Applications for outdoor lighting shall be processed via a zoning clearance per Section 19.08.030 of this title. If the outdoor lighting is part of a discretionary land use permit for a development, the outdoor lighting shall be processed concurrently and as part of the discretionary land use permit.
I.
Definitions.
"Correlated Color Temperature (CCT)"
means a measure (in Kelvins, K) of the warmth or coolness of the appearance of a light source. Light sources with a CCT of less than 3200 K are considered "warm" in appearance. Light sources with a CCT greater than 4000 K are considered "cool" in appearance.
"Foot-Candle (fc)"
is a unit of measurement for light intensity in a given area, defined as the amount of light that falls on a one-square-foot surface from a consistent light source. One foot-candle is equal to one lumen per square foot.
"Fully Shielded,"
means a light fixture designed or shielded in such a manner that no light is emitted, either directly or indirectly, at or above a horizontal plane running through the lowest light-emitting part of the light fixture. See Figure C.
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"Glare"
means the sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility; blinding light. The magnitude of glare depends on such factors as the size, position, brightness of the source dangerous to the public health and safety, as they may contribute to vehicular or other, and the brightness level to which the eye is adapted.
"Light Trespass"
means any artificial light falling across property boundaries and producing objectionable illumination of an adjacent property. See Figure D.
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"Partially Shielded"
means a light fixture constructed and mounted such that most light is projected below the horizontal plane of light that is emitted by the fixture, either directly from the lamp or a diffusing element (i.e. frosted glass), or indirectly by reflection or refraction from any part of the fixture.
"Recreational Lighting"
means lighting used for outdoor sports fields, outdoor ball courts, and similar, but does not include lighting for bicycle paths, hiking or equestrian trails.
"Searchlight"
means a lighting assembly designed to direct the output of a contained lamp in a specific tightly focused direction (a beam) with a reflector located external to the lamp, and with a swiveled or gimbaled mount to allow the assembly to be easily redirected. Such lights are used commonly to sweep the sky for advertisement purposes.
"Seasonal Lighting"
means temporary lighting displays installed and operated on a property, typically in connection with holidays or traditions.
"Shielded Directional Fixture"
means a lighting fixture with a built-in feature that reduces or stops the direction of light traveling in one or more directions.
"Skyglow"
means the brightening of the nighttime sky resulting from scattering and reflection of artificial light by moisture and dust particles in the atmosphere. Skyglow is caused by light directed or reflected upwards or sideways and reduces one's ability to see the night sky.
"String Lighting"
means small lights attached to a wire, string or cable used for ambience or decoration.
"Strobe Light"
means a specialized lamp that produces a continuous series of short, bright light flashes.
(Prior code § 19.04.130; Ord. 94-13, 1994; Ord. 26-02, 3/12/2026)
§ 19.04.140 Parking and loading.
A.
Purpose and Intent. The purpose of these parking and loading regulations is to assure the provision and maintenance of safe, adequate, well-designed off-street parking facilities in conjunction with any use or development. The intent is to reduce street congestion and traffic hazards and to promote an attractive environment through design and landscaping standards for parking areas. The standards set forth in this section shall be considered minimums, and more extensive parking provisions may be required by the commission as a condition of project approval.
B.
Applicability. The parking requirements of this section apply to all affected land uses and development, except where otherwise provided in the specific, applicable zone district.
C.
Retention of Required Parking Spaces. No parking area or space provided as required by this chapter shall later be eliminated, reduced, or converted in any manner unless other equivalent facilities approved by the city are provided. The permit for the land use for which the parking was provided shall immediately become void upon the failure to comply with the requirements of this chapter.
D.
Recalculation of Parking Spaces upon Change of Use. Upon the change of any use, the number of parking spaces to be provided shall be calculated according to the requirements of this chapter for the new use. Any previous parking modifications granted by the commission or the director shall be null and void.
E.
Type and Location of Parking Required. All approved land uses shall be designed and constructed to provide the type and number of off-street parking spaces required by Section 19.04.142, designed as required by Section 19.04.144. All parking spaces required by this section shall be located on the same site as the use for which parking is required.
1.
Standard Parking Spaces. Parking spaces designed as provided by Section 19.04.144 of this chapter to accommodate full-sized or compact passenger vehicles shall be provided as required by Section 19.04.142 of this chapter.
2.
Handicapped Accessible Parking. Nonresidential parking lots shall include the number of handicapped accessible parking spaces as required by Title 24 of the California Code of Regulations, and as follows. Such spaces shall be designed as required by Title 24. Handicapped spaces count toward the total number of parking spaces required by Section 19.04.142.
Total Number of Spaces on Site | Number of Accessible Spaces Required |
|---|---|
1 - 40 | 1 |
41 - 80 | 2 |
81 - 120 | 3 |
121 - 160 | 4 |
161 - 300 | 5 |
301 - 400 | 6 |
401 - 500 | 7 |
Over 500 | 1 for each additional 200 spaces |
3.
Bicycle Parking Requirements. For all development (other than single-family residential) which is subject to the requirements of a development plan, the commission shall determine if there is a need to provide for bicycle parking. If such a need exists, the commission shall then determine the required number of parking spaces, bike racks, and locking devices that shall be provided.
F.
Interpretation of Parking Requirements. The requirements in this section and Section 19.04.142 shall be interpreted as follows:
1.
Area Measured to Determine Parking Space Requirements. For the purposes of this chapter, gross floor area shall be the measure of total square footage for a project; however, stairways and open, unenclosed corridors shall be excluded.
2.
Fractional Spaces. Where the standards require any fractional space, the next larger whole number shall be the number of spaces required.
3.
Uses Not Listed. Where the parking requirement for a use is not specifically defined in the applicable zone district or this chapter, the parking requirement shall be determined by the director based upon the requirement for the most comparable use specified herein.
4.
Mixed Use Developments. In the case of mixed uses the total requirement shall be the sum of the number of spaces required for the individual uses computed separately except at the discretion of the commission.
5.
Additions to Existing Developments. The number of parking spaces required for expansions of existing developments shall be based on the aggregate total of the floor area and/or number of employees of all existing and proposed buildings or structures on the property.
G.
Modifications to Parking Requirements. Modifications to the parking requirements may be granted, pursuant to Section 19.08.120 of this title.
(Prior code § 19.04.140; Ord. 94-13, 1994)
§ 19.04.142 Number of parking spaces required.
The minimum number of parking spaces required by the zoning applicable to a site or specified in this section shall be provided and continuously maintained in conjunction with the related use or development. Refer to Chapter 19.18 for modifications of these parking standards for mixed use projects.
A.
Agriculture, Resource and Open Space Uses. Off-street parking spaces shall be provided in the following ratios:
Land Use | Number of Parking Spaces Required |
|---|---|
Commercial greenhouse, hothouse, or other plan protection structure | 2 per acre of land in such use |
B.
Manufacturing and Processing Uses. Off-street parking spaces shall be provided in the following ratios:
Land Use | Number of Parking Spaces Required |
|---|---|
Research and development, manufacturing and processing | 1 for every 1.5 employees, but a minimum of 1 per 500 sq. ft. of gross floor area |
Wholesaling, warehousing, storage | 1 per 1,000 sq. ft. of gross floor area, 1 per 4 employees |
Other industrial uses | 1 per 4 employees |
C.
Recreation, Education, and Public Assembly Uses. Off-street parking spaces shall be provided in the following ratios:
Land Use | Number of Parking Spaces Required |
|---|---|
Churches, auditoriums, theaters, other places of public assembly | |
With fixed seats | 1 per 4 fixed seats |
Without fixed seats | 1 per 30 sq. ft. of auditorium floor |
Libraries and museums | 1 per 300 sq. ft. of gross floor area, 1 per 2 employees |
Recreation and fitness centers | |
Bowling alleys | 8 per lane |
Dance halls, skating rinks, and other places of amusement without fixed seats | 1 per 300 sq. ft. of assembly area |
Health/fitness, gyms, spas | 1 per 300 sq. ft. of gross floor area |
Tennis/racquetball facility | 1.5 per court |
Spectator seating | 1 per 5 seats, or 1 per 35 sq. ft. of seating area, whichever is greater |
Schools | |
Day school or child care center | 1 per 10 students, 1 per 2 employees |
Elementary and junior high | 1.5 per teaching station |
High school | 6 per teaching station |
Colleges, art, craft, music or dance schools; business, professional or trade schools | 1 per 5 students, 1 per 3 employees |
D.
Residential Uses. Off-street parking spaces shall be provided in the following ratios:
Land Use | Number of Parking Spaces Required |
|---|---|
Single- and two-family dwellings | 2 covered spaces per dwelling unit |
Multiple dwelling units | |
Single bedroom or studio unit | 1 per dwelling unit |
Two bedroom unit | 2 per dwelling unit, to be located within 200 feet of the building |
Three or more bedrooms | 2.5 per dwelling unit, to be located within 200 feet of the building |
Visitor parking | 1 for each 5 dwelling units |
Guest houses | 1 per guest house |
Mobilehomes in parks | 2 per mobilehome lot (may be in tandem), one shall be covered 1 guest parking space for each 3 mobilehomes |
Group housing (fraternities, boarding houses, etc.) | 1 for every 4 beds, 1 for each 2 employees |
Retirement and special care homes | 1 per guest room, 1 for each 2 employees |
Accessory dwelling units (ADUs) | See Section 19.06.180 |
In addition, not more than one bus or nonpassenger motor vehicle or trailer used in commerce may be parked overnight on any lot, provided such bus, motor vehicle, or trailer does not exceed two axles, four tons, or eight feet in height and provided further that this restriction shall not apply to the emergency overnight parking of disabled motor vehicles or trailers and the occasional overnight parking of moving vans, pickup, or delivery or construction vehicles or trailers when such occasional overnight parking is reasonably serving the residential use of a particular lot.
E.
Retail Trade. Off-street parking spaces shall be provided in the following ratios:
Land Use | Number of Parking Spaces Required |
|---|---|
Furniture and appliance stores; heating, ventilating, building supply and hardware; motor vehicle and machinery sales and service | 1 per 1,000 sq. ft. of gross floor area |
Restaurants and bars | 1 per 300 sq. ft. of area for patrons, 1 per 2 employees |
Retail stores, general merchandise | 1 per 300 sq. ft. of gross floor area |
F.
Service Uses. Off-street parking spaces shall be provided in the following ratios:
Land Use | Number of Parking Spaces Required |
|---|---|
Medical services, clinics and labs | 1 per 200 sq. ft. of gross floor area |
Medical services, hospitals | 1 per 2 beds, 1 per 3 employees |
Medical services, extended care | 1 per 3 beds, 1 per 3 employees |
Offices, business and professional | 1 per 300 sq. ft. of gross floor area |
G.
Transient Lodging. Off-street parking spaces shall be provided in the following ratios:
Land Use | Number of Parking Spaces Required |
|---|---|
Hotels and motels | 1 per guest room, 1 per 5 employees |
H.
Emergency Shelters.
Land Use | Number of Parking Spaces Required |
|---|---|
Emergency shelters | 1 per 7 beds, 1 per employee |
(Prior code § 19.04.142; Ord. 94-13, 1994; Ord. 97-02 § II(4), 1997; Ord. 08-07 § 3, 2008; Ord. 10-04 § 4, 2010; Ord. 11-07 § 3, 2011; Ord. 19-03 § 2, 2019; Ord. 20-03 § 2, 2020)
§ 19.04.144 Design and improvement of parking.
Required parking spaces and areas shall be designed and located on their sites as provided by this section.
A.
Size of Spaces.
1.
Residential parking spaces shall be eight and one-half feet wide by sixteen and one-half (16 1/2) feet long.
2.
Nonresidential parking spaces shall be nine feet wide by sixteen and one-half (16 1/2) feet long.
3.
Compact Car Spaces. Thirty percent of the required parking for nonresidential uses may be provided as compact car spaces. Compact car spaces shall have a size of eight by fourteen and one-half (14 1/2) feet. Every stall designed to accommodate compact cars shall be clearly marked as a compact car stall.
B.
Location of Spaces.
1.
Off-street parking spaces shall not be located in the required front or side setback area unless specifically permitted in the applicable zone district regulations. Provisions shall be made for direct access from the street to each parking space. Such access shall be adequate for standard size automobiles unless the parking area is restricted to compact cars.
2.
For nonresidential structures or uses, the required parking spaces shall be provided within 500 feet of the main building or site, if there is no main building, as measured along streets not including alleys.
C.
Construction and Design.
1.
All parking areas shall be graded and have drainage provided so as to dispose of all surface water without erosion, flooding, and other inconveniences or hazards.
2.
Uncovered parking areas and driveways shall be paved with a minimum of two inches of asphalt, concrete, or equivalent on a suitable base.
3.
Parking spaces shall be marked and access lanes clearly defined. Bumpers and wheel stops shall be installed as necessary.
4.
Except for residential uses within the RS zone district, parking areas shall be so designed that no vehicle shall be required to encroach into a street or sidewalk when backing out of a parking space.
5.
The design of parking areas shall not require the moving of any car to gain access to a required parking space unless the applicable zone district regulations specifically permit tandem parking.
6.
All parking areas serving uses operating at night shall be adequately lighted. Such lighting shall be so arranged as to direct the light away from adjoining residences.
7.
The design of parking spaces and the maneuvering space in connection therewith shall be in accordance with the requirements illustrated in the Parking Diagram, Figures 1, 2 and 3, and the Parking Table.
D.
Driveways.
1.
Driveway to Side or Rear Parking Areas. A driveway used for access to a parking area at the side or rear of a building shall not be less than 12 feet wide in clear distance between any obstruction to vehicular traffic.
2.
Limitation on number or width of driveways. Upon recommendation of the city engineer or the director or upon their own initiative when considering any project, the commission may place special requirements on an individual building site that will have the effect of reducing or increasing the number or width of driveways or prescribing their location on the building site when the commission determines that such special requirements either reduce or do not create traffic hazards or street parking problems. Such special requirements shall be final subject to appeal to the council as provided in Section 19.10.130 of this title.
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 |
Parking Table 1: One-Way Traffic (All Dimensions in Feet) | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Angle | W1* | W2* | W3* | W4* | ||||||||
θ | 8.0′ Stall Width | 8.5′ Stall Width | 9.0′ Stall Width | 8.0′ Stall Width | 8.5′ Stall Width | 9.0′ Stall Width | 8.0′ Stall Width | 8.5′ Stall Width | 9.0′ Stall Width | 8.0′ Stall Width | 8.5′ Stall Width | 9.0′ Stall Width |
30° | 24.0 | 25.0 | 25.0 | 36.0 | 38.5 | 38.5 | 33.5 | 36.0 | 36.0 | 31.0 | 33.0 | 33.0 |
35° | 24.5 | 26.0 | 26.0 | 37.5 | 40.5 | 40.5 | 35.5 | 38.0 | 38.0 | 33.0 | 35.5 | 35.5 |
40° | 25.5 | 26.5 | 26.5 | 39.0 | 42.0 | 42.0 | 37.0 | 40.0 | 40.0 | 35.0 | 37.5 | 37.5 |
45° | 26.0 | 27.5 | 27.5 | 40.5 | 43.5 | 43.5 | 38.5 | 41.5 | 41.5 | 36.5 | 39.0 | 39.0 |
50° | 26.5 | 28.0 | 28.0 | 41.5 | 45.0 | 45.0 | 39.5 | 43.0 | 43.0 | 38.0 | 41.0 | 41.0 |
55° | 27.0 | 29.0 | 28.5 | 42.5 | 46.5 | 46.0 | 40.5 | 44.5 | 44.0 | 39.0 | 42.5 | 42.0 |
60° | 28.0 | 31.5 | 30.0 | 53.5 | 49.5 | 48.0 | 42.0 | 47.5 | 46.5 | 41.0 | 46.0 | 45.0 |
65° | 30.0 | 34.0 | 33.0 | 46.0 | 52.0 | 51.0 | 44.5 | 51.0 | 48.5 | 43.5 | 49.5 | 48.0 |
70° | 32.0 | 36.5 | 35.0 | 48.0 | 54.5 | 53.0 | 47.0 | 53.5 | 52.0 | 46.0 | 52.5 | 51.0 |
75° | 34.0 | 38.5 | 37.5 | 50.0 | 56.5 | 55.5 | 49.0 | 56.0 | 54.5 | 48.5 | 55.0 | 54.0 |
80° | 36.0 | 41.5 | 39.5 | 51.5 | 58.5 | 57.5 | 51.0 | 58.0 | 57.0 | 50.5 | 57.5 | 56.5 |
85° | 37.5 | 44.5 | 41.5 | 53.0 | 60.0 | 59.0 | 52.5 | 60.0 | 58.5 | 52.5 | 59.5 | 58.5 |
90° | 39.0 | 44.5 | 43.5 | 54.0 | 61.5 | 60.5 | 54.0 | 61.5 | 60.5 | 54.0 | 61.5 | 60.5 |
Parking Table 2: Two-Way Traffic (All Dimensions in Feet) | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Angle | W1* | W2* | W3* | W4* | ||||||||
θ | 8.0′ Stall Width | 8.5′ Stall Width | 9.0′ Stall Width | 8.0′ Stall Width | 8.5′ Stall Width | 9.0′ Stall Width | 8.0′ Stall Width | 8.5′ Stall Width | 9.0′ Stall Width | 8.0′ Stall Width | 8.5′ Stall Width | 9.0′ Stall Width |
30° | 32.0 | 33.0 | 33.0 | 44.5 | 47.0 | 47.0 | 42.0 | 44.5 | 44.5 | 39.5 | 41.5 | 41.5 |
35° | 33.0 | 34.0 | 34.0 | 46.0 | 49.0 | 49.0 | 44.0 | 46.0 | 46.5 | 41.5 | 43.5 | 43.5 |
40° | 33.5 | 35.0 | 35.0 | 47.5 | 50.5 | 50.5 | 45.5 | 48.0 | 48.0 | 43.0 | 45.5 | 45.5 |
45° | 34.5 | 35.5 | 35.5 | 48.5 | 52.0 | 52.0 | 47.0 | 50.0 | 50.0 | 45.0 | 47.5 | 47.5 |
50° | 35.0 | 36.5 | 36.5 | 50.0 | 53.0 | 53.0 | 48.0 | 51.0 | 51.0 | 46.0 | 49.0 | 49.0 |
55° | 35.5 | 37.0 | 37.0 | 50.5 | 54.0 | 54.0 | 49.0 | 52.5 | 52.5 | 47.5 | 50.5 | 50.5 |
60° | 35.5 | 37.0 | 37.0 | 51.5 | 55.0 | 55.0 | 50.0 | 53.5 | 53.5 | 48.5 | 52.0 | 52.0 |
65° | 35.5 | 37.5 | 37.5 | 51.5 | 55.5 | 55.5 | 50.5 | 54.0 | 54.0 | 49.5 | 52.5 | 52.5 |
70° | 36.0 | 37.5 | 37.5 | 51.5 | 55.5 | 55.5 | 51.0 | 54.5 | 54.5 | 50.0 | 53.5 | 53.5 |
75° | 36.0 | 38.5 | 37.5 | 51.5 | 56.5 | 55.5 | 51.0 | 56.0 | 54.5 | 50.0 | 55.0 | 53.5 |
80° | 36.0 | 41.5 | 39.5 | 51.5 | 58.5 | 57.5 | 51.0 | 58.0 | 57.0 | 50.5 | 57.5 | 56.5 |
85° | 37.5 | 42.5 | 41.5 | 53.0 | 60.0 | 59.0 | 52.5 | 60.0 | 58.5 | 52.5 | 59.5 | 55.5 |
90° | 39.0 | 44.5 | 43.5 | 54.0 | 61.5 | 60.5 | 54.0 | 61.5 | 60.5 | 54.0 | 61.5 | 60.5 |
Notes: | |
|---|---|
* | See illustrations on preceding pages. |
E.
Landscaping and Screening of Parking Areas. For the purposes of this section, parking area includes the parking spaces and the maneuvering space necessary for use of such spaces.
1.
Where nonresidential parking areas abut residentially zoned or developed property, a wall of not less than five feet in height shall be erected and maintained between the parking area and the adjoining residentially zoned or developed property.
2.
Where trees already exist on the property, the design of the parking area should make the best use of this growth and shade.
3.
Screening shall be provided along each property line consisting of a five-foot wide strip, planted with sufficient shrubbery to effectively screen the parking area, or a solid fence or wall not less than four feet in height. Such fences or walls abutting streets shall be ornamental in texture, pattern, or shadow relief. Planting, fences, or walls abutting streets shall not exceed 30 inches in height for a distance of 25 feet on either side of entrances or exits to the property. This requirement for screening may be waived or modified by the department if adjacent property already has provided a solid wall not less than four feet high.
4.
When the total uncovered parking area on the property (including adjoining parcels over which the property has parking privileges) exceeds 3,600 square feet, the following shall be required, in addition to other provisions of this section, as part of a landscape plan:
a.
Trees, shrubbery, and ground cover shall be provided at suitable intervals in order to break up the continuity of the parking area. Planting islands for such trees and shrubs shall be protected from automobile traffic by either asphalt or concrete curbs.
b.
All ends or parking lanes shall have landscaped islands.
c.
Prior to the issuance of a land use permit, performance securities, in amounts to be determined by the department, to guarantee the installation of plantings, walls, and fences in accordance with the approved plan, and adequate maintenance of the planting for two years shall be filed with the city. The performance security portion for installation will be released at the time the department approves the installation. The remaining maintenance performance security portion shall be released at the end of the two-year period provided the planting has been adequately maintained.
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F.
Off-Street Loading Facilities. For every building hereafter erected, which is to be occupied by manufacturing, storage, warehouse, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning, or other uses similarly requiring the receipt or distribution by vehicles of materials and merchandise, off-street loading spaces shall be provided as provided by this section.
1.
Number of Loading Spaces Required:
Number of Loading Spaces Required | |
|---|---|
Commercial Uses | |
3,000 sq. ft. or more gross floor area | 1 loading space |
Industrial Uses | |
10,000 to 24,999 sq. ft. of gross floor area | 1 loading space |
25,000 to 49,000 sq. ft. of gross floor area | 2 loading spaces |
Each additional 50,000 sq. ft. or fraction | 1 loading space |
2.
Design of Spaces. Each loading space shall not be less than ten feet in width, 30 feet in length, and with an overhead clearance of 14 feet.
3.
Location of Spaces. Loading spaces shall not be located in any part of any required front or side setback. Such spaces shall be designed so as to not interfere with pedestrian circulation, or vehicular circulation or parking.
(Prior code § 19.04.144; Ord. 94-13, 1994)
§ 19.04.160 Setback requirements.
Required setbacks describe areas on lots where no buildings, structures, or additions to them may be located, and which thereby become yard areas. Setbacks may be required between buildings, structures and property lines; between structures and road easements; between buildings and structures themselves; between buildings, structures and natural features such as watercourses; or between other features of site development. The setback requirements of this title are established for each zone district by Chapter 19.02 of this title and as provided by this section.
A.
General Setback Requirements.
1.
Subdivision Setbacks. Where a setback line is called for or shown on a recorded subdivision or parcel map or on a development plan in the PRD district under Section 19.02.140 of this title, the required setback shall be the setback line shown on the subdivision or parcel map or development plan.
2.
Setbacks Adjacent to Alley. In computing the depth of a rear yard setback or the width of a side yard setback, if such yard abuts upon an alley, and the owner of the yard owns all or one-half of the underlying fee of such alley, up to one-half the width of such alley may be included in the rear yard or side yard.
3.
Lots Reduced by Road Widening. On any lot which has been reduced in width or depth below the original dimensions of the lot legally created by a recorded subdivision map or deed prior to October 1, 1960, which reduction was required by Santa Barbara County for road widening purposes, the required yards shall be computed on the basis of the original dimensions of the lot as though such road widening had not occurred.
4.
Use of Setbacks. Every part of a setback shall be unobstructed from the ground to the sky, except as otherwise provided in this title and except for the ordinary projection of sills, buttresses, cornices, chimneys, eaves, and ornamental features but in no case shall such projections exceed three feet.
5.
Projections Into Setbacks, Generally. Fire escapes, balconies, and unroofed and unenclosed porches or landings, may extend into the front or rear yard setback four feet and into a side yard setback three feet when constructed and placed so as to not obstruct light or ventilation of buildings or ready use of the yards for ingress or egress, and where allowed by the Uniform Building Code.
6.
Projections Into Right-Of-Way. In any area where a building can be legally constructed on or closely adjacent to the right-of-way line of a public street, eaves and roof overhangs, sills, belt courses, fire escapes, balconies, and unroofed and unenclosed porches may project into a street right-of-way no more than 30 inches; provided that all such encroachments shall be at least eight feet above any area used by pedestrians, and at least 14 feet above any area used for vehicular traffic; and provided further, an encroachment permit for such projections is obtained from the city engineer.
7.
Rear Yard Structures. Trellises and patio covers may be located within the rear yard setback when no closer than 15 feet to the rear property line, or no closer than ten feet to the rear property line when adjacent to a permanently dedicated open space area.
8.
Sloping Lot Setback Reductions. Where the elevation of the ground at a point 50 feet from the centerline of any street is seven feet or more below or above the grade of said centerline, the front setback of a private detached garage may be decreased by 40% and the front setback for a dwelling may be decreased by 20% provided the front face of such garage is not closer than ten feet to the abutting street right-of-way.
B.
Through, Corner, Interior, and Odd-Shaped Lots.
1.
Through Lots. The side yard setbacks shall extend the full depth of the lot between the street lines and there shall be two front yard setbacks for the purpose of computing setbacks.
2.
Corner Lots Abutting Two or More Streets.
a.
If a corner lot is less than 100 feet in width, the side yard setback on the street side of such lot shall be not less than 20% of the width of the lot, but in no case shall said side yard setback be less than ten feet.
b.
If a corner lot is 100 feet or greater in width, there shall be two front yard setbacks and both shall conform to the front yard setback requirements of the applicable zone district.
c.
The rear yard setback of a corner lot backing upon a key lot may be reduced to a depth of ten feet, provided the total yard area required on the building site by the applicable district regulations is not thereby reduced.
3.
Interior Lots. The setback regulations of the applicable zone district shall not apply to an interior lot but any structure located upon such lot shall have a setback of at least ten feet from all property lines and the total setback area shall equal the total area of all setbacks required in the applicable zone district.
4.
Odd-Shaped Lots. In the case of odd-shaped lots, the director shall determine the required setbacks, which widths and depths shall approximate as closely as possible the required widths and depths of corresponding setbacks on rectangular lots in the applicable zone district.
C.
Exceptions to Setback Requirements in Commercial and Industrial Zones.
1.
Projections Into Front Setback, Commercial Zones. Open canopies, porches, roofed or unroofed, and similar accessory structures may encroach not more than 12 feet into the front setback area, provided that in no event shall such structures encroach upon a public street right-of-way.
2.
Setback Reductions. Upon approval of a minor use permit (MUP), a required rear or side yard setback in the CR, CS, or M zoning districts may be reduced to zero. When approving the minor use permit, the zoning administrator (or the commission or council on appeal) shall make all of the following findings:
a.
The reduced setback(s) will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood and will not be incompatible with the surrounding areas.
b.
The reduced setback(s) conform with other applicable provisions of this title and with the general plan.
c.
The reduced setback(s) will not conflict with any easements required for public access through, or the public use of, a portion of the property.
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(Prior code § 19.04.160; Ord. 94-13, 1994)
§ 19.04.170 Sign title.
Sections 19.04.170 through 19.04.176 of this title are the Buellton sign title. These sign regulations are based on the city's responsibility to protect public health, safety and welfare. The sign regulations are intended to promote the economic viability of the city, and to provide minimum standards necessary to maintain the aesthetic appeal of the community.
A.
Purpose. The purposes of these sign regulations include the following:
1.
To provide the means for effective business identification;
2.
To reduce traffic and safety hazards from confusing or distracting signs;
3.
To foster the ability of the city to maintain existing businesses and attract future economic development;
4.
To enable fair and consistent sign regulation and enforcement; and
5.
To improve the aesthetic environment of the community by limiting the type, size, number, location, and design of signs.
B.
Applicability. These sign regulations apply to all signs installed, constructed, or altered after the effective date of this title, in addition to all applicable provisions of the California Outdoor Advertising Act (Business and Professions Code Sections 5200 et seq.), except for exempt signs as provided by subsection D of this section.
1.
Whenever discretionary land use permit (minor use permit, conditional use permit, development plan, or variance) approval is requested on a site where nonconforming signs exist, such signs shall be brought into conformance with these sign regulations; provided, however, that:
a.
Requests for minor structural alterations, interior alterations or customary sign maintenance shall be allowed without requiring nonconforming signs to be made conforming; and
b.
The director may waive the requirement that existing nonconforming signs be brought into conformity where the land use permit involves a change in use, but not significant alteration to existing structures.
2.
All signs that are not specifically exempted from the requirements of this title by subsection D of this section, shall require an approved sign permit. Any sign erected without a sign permit may be subject to Section 19.04.176 of this chapter.
3.
The sign areas and heights authorized by this chapter are intended to be the maximums allowed unless an exemption is approved by the director or the commission as provided by Section 19.04.174(A) of this chapter.
4.
All sign proposals shall be in compliance with all applicable provisions of the latest adopted editions of the Uniform Building Code, National Electrical Code, and the Uniform Sign Code.
C.
Sign Permits Required. No sign (including temporary signs) shall be erected, re-erected, constructed, displayed or altered without a sign permit first being approved pursuant to the zoning clearance procedure in Section 19.08.100 of this title, except as provided in subsection D of this section. A separate sign permit is not required if proposed signs are included in an application for a development project that requires minor use permit, conditional use permit, or development plan approval.
D.
Exempt Signs. The following signs, when unlighted, do not require a sign permit:
1.
Agricultural Signs. Agriculturally-zoned properties or properties that are vacant and currently used for farming may have one unlighted, freestanding sign. The sign may have a maximum area of 32 square feet, and shall not exceed eight feet in height. The sign shall only identify the agricultural business or farm name, and agricultural products grown, raised or produced on the site.
2.
Business Directory Signs. Nonresidential sites with two or more tenants may have one wallmounted or freestanding business directory sign per public street frontage. Aggregate sign area shall not exceed 15 square feet. Freestanding signs shall not exceed six feet in height. Director signs shall be located at a business public entrance, and may identify building occupants and occupant space locations.
3.
Construction Signs. Unlighted, freestanding signs identifying project designers, architects, and contractors are allowed construction signs as follows:
a.
Construction sites for up to two single-family homes or structures, or nonresidential structures less than 10,000 square feet in floor area may have one construction sign not exceeding ten square feet in area and six feet in height;
b.
Construction sites of multifamily structures, or involving the subdivision of three or more lots, or a nonresidential structure of 10,000 square feet or larger may have a construction sign not exceeding 20 square feet in area and eight feet in height;
c.
All construction signs shall be removed within seven days of receiving a certificate of occupancy.
4.
Garage Sale Signs. Garage sale signs may be installed one day before a garage sale, and must be removed within one day after the garage sale.
5.
Hazard Signs. Signs warning of hazards, so long as a hazard exists.
6.
Historical/Memorial Markers. Signs identifying historic sites shall not exceed an aggregate area of ten square feet. The signs must be installed by a public or nonprofit entity.
7.
Holiday Decorations. Seasonal decorations for a single holiday season or special event, for a maximum period of 60 days.
8.
Internal Signs. Signs within buildings.
9.
Miscellaneous Business Information Signs. Nonresidential sites may have miscellaneous business information signs, provided that the aggregate sign area shall not exceed four square feet per tenant. The signs are to be located at a business public entrance, and may include business information such as hours of operation, open or closed, emergency information, and credit cards accepted.
10.
Official Flags or Signs. Official federal, state, or local government flags, emblems or signs. Other flags not expressly allowed pursuant to the Municipal Code are prohibited. All flags shall be properly maintained and replaced when frayed or otherwise damaged.
11.
Political Signs. One wall, freestanding, or banner style political sign per street frontage is permitted. Such signs shall not exceed 15 square feet in area or six feet in height, except that one billboard political sign per property may be allowed in nonresidential zoning districts, not exceeding 32 square feet or 12 feet in height. Political signs may be installed up to 60 days before an election, and must be removed within seven days after an election.
12.
Prohibition Signs. Signs indicating warnings such as, "no trespassing," "no parking," "no-smoking," etc., provided that they do not exceed two square feet individually or an aggregate of ten square feet per site.
13.
Reader Boards. Motels, hotels, and bed and breakfasts may have one sign with removable copy, identifying amenities such as TV, movies, telephones, pools, etc. Such signs are exempt if the aggregate area is 12 square feet or less. (Such sign area less than 12 square feet will not be included in calculations of aggregate sign area allowed per site.)
14.
Real Estate Signs. Sites where property or businesses are for sale, lease or rent, may have one, unlighted real estate sale sign per street frontage, with maximum sign areas and heights as follows:
a.
Signs in Residential Zones. Maximum sign area of four square feet and a height of five feet.
b.
Signs in Nonresidential Zones. Maximum sign area of eight square feet and a height of five feet.
c.
Subdivisions, Nonresidential Developments. New subdivisions of three or more lots, or new, city-approved nonresidential developments of 10,000 square feet or more, may have a maximum sign area of 32 square feet and a height of five feet. Such signs may be in place for up to four months after the subdivision is approved, or in the case of new development, from the time of approval to four months after receiving an approved certificate of occupancy.
d.
Open House Signs. In addition to the signs permitted in subsections a, b and c, one on-site and two off-site open house signs are allowed on the days the open house is occurring subject to the following restrictions:
i.
The signs shall be located on private property or on the sidewalk. If they are on the sidewalk, there shall be a minimum of three feet of clear space on the sidewalk for people to pass.
ii.
The signs are not permitted in the public street or within the Avenue of Flags medians.
iii.
No attention getting devices, including, but not limited to, flags and balloons, shall be attached to the signs.
15.
Residential Identification Signs. Sites with three or more homes may have one monument or wall sign per public street frontage, with a maximum aggregate area of 15 square feet and a height of six feet. Monument signs shall have permanent landscaping integrated at base of sign. Such signs may identify the names of subdivisions and apartment complexes.
16.
Safety and Directional Signs. Wall or freestanding signs for vehicle traffic guidance or pedestrian orientation, including signs for handicapped parking and facilities, and automatic teller machines. Such signs shall not exceed an aggregate area of five square feet or a height of five feet. Such signs shall not display any commercial logos, product names, services or other commercial advertising.
17.
New Development Marketing Flags. Decorative flags without words or letters for the purpose of marketing new residential or commercial developments subject to the following restrictions:
a.
One flag per 50 lineal feet of project frontage with a minimum of one flag and a maximum of ten flags.
b.
The bottom of the flag shall be a minimum of ten feet from the ground surface and the overall height shall not exceed 15 feet.
c.
Each flag shall be no larger than (15) square feet.
d.
The flags may be displayed from the first day of sale or lease of units or spaces and may remain in place for one year or when the last unit or space is sold or leased, which ever occurs first. However, the flags may be displayed for longer than one year subject to review and approval of a zoning clearance.
e.
All flags shall be properly maintained and replaced when frayed or otherwise damaged.
f.
The color and design of the flags shall complement the architecture and colors of the building as determined by the planning director.
g.
The flags shall be displayed in the immediate vicinity of the sales/leasing office and shall not be located within the public right-of-way.
18.
Flags as Merchandise. Flags that are sold as merchandise on a property may be displayed as long as they are set back a minimum of ten feet from all property lines.
E.
Prohibited Signs. The following signs are prohibited:
1.
Animated Signs. Signs that are moving, flashing, blinking, reflecting, glaring or revolving, except time and temperature signs.
2.
Confusing Signs. Signs that simulate by color, shape, function or location, a traffic control device or sign.
3.
Handbills/Flyers. Announcements or posters attached to utility poles, trees, fence posts, and other fixed structures, or placed on the windshields of parked cars.
4.
Inflatable Signs. Blimps, balloons, inflatable representations of products, motion picture or television characters, and similar lighter-than-air or inflated advertising devices.
5.
Obscene Signs. Signs that contain indecent or immoral language or graphics, as provided by Section 313 of the California Penal Code.
6.
Off-Premises Signs. Signs that advertise a business, activity or service that is not offered or sold on the premises, including billboards, except that the following are allowed:
a.
A private directory, monument sign, identifying several businesses, may be allowed in nonresidential zones, where such businesses are accessed solely or primarily by a dead-end street. The sign shall be for informational purposes only, and shall be subject to the approval of an exemption by the planning commission (Section 19.04.174(A));
b.
Bus bench signs, with an approved sign permit;
c.
Political billboard signs, see subsection (D)(11) of this section;
d.
A community identification sign that identifies Buellton to freeway travelers under the following conditions:
i.
Only one community identification sign shall be permitted (existing vested billboards do not count against this total).
ii.
The sign shall be located within 100 feet of Highway 101 and is only allowed in the CR and M zoning districts.
iii.
The sign shall be a maximum of 35 feet in height and the sign area shall be a maximum of 1,200 square feet.
iv.
All lighting shall be fully shielded.
v.
The copy of the sign shall be the identification of Buellton to freeway travelers and for promotion of non-profit events. No commercial advertising is permitted.
vi.
The sign shall be approved pursuant to the planning commission exemption process identified in Section 19.04.174(A)(2) of this title.
vii.
The sign shall be owned and controlled by the city of Buellton.
viii.
Maintenance of the sign shall be in accordance with Section 19.04.174(C) of this title.
e.
One freestanding sign consistent with Section 19.04.172(B)(1) (Sign standards by zoning district—Commercial zones), when located on a parcel immediately adjacent to the site of the business advertised by the sign. These signs shall be authorized through a planning commission exemption (Section 19.04.174(A)(2)), and shall be designed to share a sign structure with a business on the site of the sign whenever feasible.
7.
Sandwich Boards. Portable A-framed signs located in the public right-of-way are prohibited. Sandwich boards may be allowed if they are located on private property and have been approved by zoning clearance (Section 19.08.100), are no larger than three feet high and two feet wide, and are located within ten feet of the main entrance to the business.
F.
Sign Area Measurement. The measurement of sign area shall include the total square footage of a sign face that can be enclosed by single rectangle. Sign area for signs composed of individual letters and/or graphics, shall be the area of the single rectangle that can enclose all the letters and graphics. Calculation of sign area shall have no more than four right angles. If a sign has two faces with duplicated sign copy back-to-back, (e.g., monument or pole sign), the faces will be considered one sign if the distance between them is no more than 18 inches.
(Prior code § 19.04.170; Ord. 94-13, 1994; Ord. 95-01 § 1, 1995; Ord. 06-12 §§ 4, 5, 2006; Ord. 07-06 § 3, 2007; Ord. 13-02 § 3, 2013; Ord. 16-02 § 3, 2016)
§ 19.04.172 Permitted signs and sign standards.
A.
General Sign Design Standards for All Zones.
1.
Sign Copy. All sign messages shall relate to the business activity conducted on the same site. (Exception: See Section 19.04.170(E)(6).)
2.
Sign Design. All signs shall be of professional graphic and construction quality. Lettering and graphical elements of signs shall be legibly designed and produced. Signs shall be designed with scale and proportion appropriate for the size of the site and buildings. Each sign shall also be compatible and in harmony with the architectural design elements of the structure to which it principally relates, and the surrounding environment. All signs shall comply with the requirements of the community design guidelines.
3.
Master Sign Program. Proposed developments with two or more tenants shall have an approved master sign program. All signs proposed for a site that requires a master sign program shall conform to the approved program. The planning director shall review all master sign program proposals. The planning director may approve a master sign program with or without conditions of approval. (See the definition of master sign program in Chapter 19.12 of this title.)
4.
Temporary Signs.
a.
Temporary business signs, including banners, may be displayed up to four times per calendar year for a cumulative total of 60 days. All temporary business signs require approval of a no-fee zoning clearance (Section 19.08.100) in order to verify that the following criteria are met:
i.
The temporary sign shall not exceed an area of 30 square feet;
ii.
The temporary sign shall be affixed to a building;
iii.
The temporary sign shall not exceed the roof eave line of the building to which it is affixed, but in no case shall the temporary sign be higher than 30 feet; and
iv.
The temporary sign shall be made of durable material, shall be properly affixed to the building so that wind and other outside elements do not damage or cause the temporary sign to fall into disrepair, and shall be professionally constructed.
b.
Exceptions. Temporary signs may also be displayed during the following times that do not count towards the time limitations of subsection (4)(a). These signs shall follow the temporary sign criteria of subsection (4)(a)(i) through (iv).
i.
Temporary business signs may be in place for four days during any of the ten federal holidays, which include New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving, and Christmas.
ii.
Temporary business signs for the grand opening of a business may be in place for a maximum of 30 continuous days.
c.
Other temporary signs to announce community or nonprofit events (such as car shows, wine festivals, fundraisers etc.) may be allowed up to four weeks prior to the event and must be removed within two days after the event. These signs may be displayed on a building or displayed as a stand-alone sign subject to property owner approval. If on a building, the temporary signs shall meet the criteria of subsection (4)(a)(i) through (iv). All stand-alone temporary signs shall be adequately staked into the ground so that the sign is readable and so that wind and other elements do not damage or cause the temporary sign to fall into disrepair. A no fee zoning clearance is required.
5.
Bus Bench Signs. Bus bench signs may be allowed in all zoning districts, with an approved sign permit.
6.
Information Kiosks. One information kiosk may be allowed per site, in all zoning districts, subject to the approval of an exemption by the planning commission (Section 19.04.174(A)). They may be freestanding or wall-mounted (bulletin board style). Aggregate sign area may not exceed 20 square feet. Such signs may contain handbills, posters, public agendas and general community information for temporary events.
B.
Sign Design Standards by Zoning District.
1.
Commercial Zones. The following signs are allowed in commercial zones with a maximum aggregate area per site of one square foot of sign area per lineal foot of the longest street property frontage, except where additional sign area is allowed by this section. For properties with more than one street frontage, one-half square foot of sign area may be allowed per lineal foot of side street frontage. However, any case for which the aggregate sign area exceeds 400 square feet shall require approval of a minor use permit. In approving the permit, the director (or the planning commission on referral or appeal) may restrict the number, type, location, or design of signs to achieve compatibility of scale and design with the subject property and other buildings and features on the property.
a.
Wall Signs. Signs may be placed on each building wall facing a street or a parking lot, below the roof line.
b.
Monument Signs. Each business may have one monument sign per 300 lineal feet of street frontage, or portion thereof. The maximum height of monument signs shall be eight feet, including the base/support structure. Monument signs shall be set back a minimum of five feet from a public right-of-way.
c.
Freestanding Signs, Generally. Each site may have one freestanding pole sign, except for certain properties on Avenue of Flags as provided by subsection (B)(1)(d) of this section. All pole signs larger than 100 square feet and/or more than 30 feet in height shall be subject to review and approval of a planning commission exemption. In general, the planning commission shall not approve freestanding signs larger or taller than these standards; however, the planning commission may approve such signs if the following findings are made:
i.
That additional size or height is necessary to make the sign reasonably visible to potential customers given the location, topography, landscaping, orientation, or other circumstances related to the site; and
ii.
That the sign is compatible with and compliments the architecture, site design and landscaping on the site; and
iii.
That the sign will not have significant adverse impacts on neighbors, or the community, in general.
In cases where the planning commission approves a pole sign larger than 100 square feet or 30 feet in height, the exemption shall not exceed a maximum increase of 50% in sign area and/or 50% in sign height. The commission shall further limit the additional area or height to the minimum practical to make the sign reasonably readable to potential customers pursuant to the findings in this section. |
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d.
Freestanding Signs, Avenue of Flags. New pole signs shall be prohibited on properties with street frontage on Avenue of Flags, except that properties within 150 feet of the Highway 101 right-of-way may be allowed one such sign, subject to the approval by the planning commission, and provided that it is located on the half of the property nearest to the freeway.
e.
Suspended or Projecting Signs. Businesses may have one suspended or projecting sign located under a canopy or eave, with a maximum area of ten square feet. The lower edge of such signs must be a minimum of eight feet above any underlying area accessible to pedestrians. Such signs may project a maximum of five feet over a public right-of-way.
f.
Commercial Shopping Centers. Proposed commercial shopping centers with two or more tenants must have a master sign program. All signs in a shopping center must be consistent with the approved master sign program design.
g.
Window Signs. Signs painted on or applied to business windows, facing a public street frontage. The aggregate area of such signage shall not exceed 25% of the window surface area (e.g., gold leaf lettering).
h.
Marquee Signs. Performance and entertainment centers may be allowed a marquee sign with minor use permit approval. The area for marquee signs shall be exempt from the aggregate sign area calculation for the site.
i.
Roof Signs. Any sign located on a roof, mansard or on a wall projecting higher than the building wall shall require approval of a planning commission exemption.
j.
Tenant Signs. Individual tenant signs may be allowed in addition to the maximum permitted aggregate sign area, on sites with two or more tenant spaces. The aggregate area of such tenant signs shall not exceed ten square feet. (Exception: if tenant locations are set back from the street a minimum of 150 feet, the aggregate area of tenant signs may be increased to 15 square feet.) Tenant signs may be either wall, suspended, or projecting signs. Tenants located in a commercial center with three or more tenants may also have a tenant identification plaque monument sign. Each tenant plaque may be up to five square feet in area.
2.
Industrial and Office Zones. Each site shall be allowed a maximum aggregate sign area of one-half square foot per lineal foot of property street frontage, with a minimum of 60 square feet, and up to a maximum aggregate area of 200 square feet. The following sign types are permitted:
a.
Wall Signs. Each business may have one wall sign on each building wall adjacent to a public street, except where the wall is adjacent to a residential zone.
b.
Monument Signs. Each business may have one monument sign per 300 lineal feet of street frontage, or portion thereof. The maximum height of monument signs shall be six feet. Monument signs shall be set back a minimum of five feet from a public right-of-way.
c.
Suspended or Projecting Signs. Businesses may have a suspended or projecting sign located under a canopy or eave, with a maximum area of ten square feet. The lower edge of such signs must be a minimum of eight feet above any underlying area accessible to pedestrians. Such signs may project a maximum of five feet over a public right-of-way.
d.
Tenant Signs. Individual tenant signs may be allowed in addition to the maximum permitted aggregate sign area, on sites with two or more tenant spaces. The aggregate area of such tenant signs shall not exceed ten square feet. (Exception: if tenant locations are set back from the street a minimum of 150 feet, the aggregate area of tenant signs may be increased to 15 square feet.) Tenant signs may be either wall, suspended, or projecting signs. Tenants located in a commercial center with three or more tenants may also have a tenant identification plaque monument sign. Each tenant plaque may be up to five square feet in area.
3.
Recreation Zone. All sites located in the recreation zone may have one-half of the aggregate sign area allowed per site, and one-half of the aggregate sign area per sign category, of the commercial zones. (Exception: community identification monument signs located on public property. Such signs may be up to eight feet in height.)
4.
Other Zones. Signs are prohibited in zones not included in subsections (B)(1) through (B)(3) of this section, except for those which are exempt from sign permit requirements pursuant to Section 19.04.170(D) of this chapter.
(Prior code § 19.04.172; Ord. 94-13, 1994; Ord. 06-12 §§ 6, 7, 2006; Ord. 11-09 § 3, 2011)
§ 19.04.174 Sign modifications, construction standards, and maintenance.
A.
Modifications to Sign Standards. Exemptions from the standards of Section 19.04.172 of this chapter may be granted as follows:
1.
Exemptions, Director Approval. Exemptions may be granted by the director for minor deviations from the sign standards of Section 19.04.172 to:
a.
Increase the size or height of a sign by ten percent or less; or
b.
Extend the time limit of a temporary sign.
2.
Exemptions, Planning Commission. All sign standard exemptions other than those described in subsection (A)(1) of this section shall be subject to approval by the planning commission, as follows:
a.
Limit on Exemptions. The commission may approve up to a 50% increase in sign area and a 50% increase in sign height through this exemption process;
b.
Notice and Hearing. All planning commission exemptions shall require a public hearing, conducted and with notice provided as set forth in Section 19.10.400 of this chapter. Exemptions by the director may be approved without a public hearing; however, the site shall be posted at least five days prior to the director taking final action on the request;
c.
Required Findings. Modifications to the sign standards of this chapter may be granted only if it can be found that:
i.
The existing standards do not allow for effective business identification due to a special (physical) circumstance applicable to the site,
ii.
All other alternatives within the established sign standards have been examined, and the results would still not provide effective business identification, and
iii.
The resulting sign proposal is visually compatible with the existing site and surroundings, and meets the intents and purposes of this chapter;
d.
Conditions of Approval. Exemptions may be subject to conditions of approval;
e.
Appeals. Decisions on exemptions by the director or the planning commission may be appealed as set forth in Section 19.10.130 of this title.
B.
Sign Construction Standards.
1.
Illumination. Signs shall be indirectly lighted by continuous, stationary, shielded light sources, directed only at the sign, or illuminated internally.
2.
Codes. All signs shall comply with the current Uniform Building Code and National Electrical Code (for illuminated signs). Signs shall also comply with the current Uniform Sign Code, Chapter 4.
C.
Sign Maintenance. All signs shall be maintained in a safe, legible condition, and shall not be in a state of disrepair. Sign face messages must be removed from an abandoned sign if a location has been out of business for six months or more; however the sign structure may remain if property owner is actively pursuing a new tenant or buyer. "Disrepair" shall include, but not be limited to, burned out lights, broken sign faces or sign structures, peeling paint, and weathered or discolored sign faces or structures.
(Prior code § 19.04.174; Ord. 94-13, 1994; Ord. 06-12 § 8, 2006)
§ 19.04.180 Undergrounding of utilities.
Utilities serving new structures shall be installed underground and, where applicable, shall be installed in accordance with California Public Utilities Commission rules and regulations. This requirement applies to electrical service and telecommunications (including cable TV, telephone, and data transmission) connections between utility company distribution lines and all proposed structures on a site, and all new installations that distribute utilities within a site. In the event an above ground electrical transformer is located outdoors on any site, it shall be screened from view with a solid wall or landscaping. If the transformer cannot be screened to the satisfaction of the director, it shall be located in an underground vault. The director may waive any portion of this section if site conditions make the undergrounding unreasonable or impractical.
(Prior code § 19.04.180; Ord. 94-13, 1994)
§ 19.04.190 Universal design.
The following universal design features shall be offered by the developer to prospective purchasers of units in all new single- and multifamily for-sale developments with five or more units, except for custom built homes:
A.
Lever handles instead of round doorknobs.
B.
At grade front entrances with a 36 inch net clear opening.
C.
Rocker controlled light switches installed at a lower level.
D.
Adjustable closet rods, shelves, and countertops.
E.
One one-half or three-fourths bath on the primary entrance level that complies with the requirements of CBC Chapter 11A.
F.
Faucets and handles not requiring tight grasping, pinching, or twisting of the wrist and consistent with the requirements of CBC Chapter 11A.
(Ord. 07-06 § 3, 2007)