§ 35.38

The purpose of this Chapter is to promote the public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards and requirements. More specifically, this Chapter is intended to:

A.

Balance public and private objectives by allowing adequate avenues for both commercial and noncommercial messages;

B.

Allow signs to serve as an effective channel of communication while preventing visual clutter that will detract from the aesthetic character of the County;

C.

Maintain and enhance the County's appearance by regulating the location, number, type, quality of materials, size, illumination, and maintenance of signs;

D.

Restrict signs that may create a nuisance to nearby properties, violate privacy, or create hazards or unreasonable distractions for pedestrians or drivers;

E.

Provide clear and unambiguous sign standards that enable fair and consistent enforcement; and

F.

Ensure that the constitutionally guaranteed right of free speech is protected.

See "Signs" within Article 35.11 (Glossary) for definitions related to signage as used within this Chapter.

(Ord. No. 5238, § 8, 2-11-2025)

The provisions of this Chapter apply to all signs in all zones, erected, constructed or physically altered on or after the effective date of the Ordinance amending this Chapter, unless otherwise specified.

A.

Message Neutrality. It is the County's policy and intent to regulate signs in a manner consistent with the U.S. and California constitutions, which is content neutral as to non-commercial speech and does not favor commercial speech over non-commercial speech.

B.

Registered Mark. The provisions of this Chapter shall not require alteration of the display of any registered mark, trademark, service mark, trade name, or corporate name that may be associated with or incorporated into a registered mark, where such alteration would require the registered mark to be displayed in a manner differing from the mark as exhibited in the certificate of registration issued by the United States Patent and Trademark Office. It is the responsibility of the applicant to establish that a proposed sign includes a registered mark.

C.

Noncommercial Signs. Non-commercial signs are allowed wherever commercial signage is permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this Chapter. For purposes of this Chapter, all non-commercial speech messages are deemed to be "on-site," regardless of location.

(Ord. No. 5238, § 8, 2-11-2025)

The following signs are exempt from the permit requirements of this Chapter, do not count towards the maximum number of signs or maximum sign area, and may be located in setback areas, provided that they are erected on an allowed and, where applicable, permitted, structure and conform to the specified standards.

A.

Address Signs. Required address identification signs that are in conformance with the Building Code.

B.

Commercial Displays on Vehicles. Displays that are part of the vehicle and related to the goods or services provided by the vehicle owner or operator and public transit/public carrier graphics on properly licensed buses, taxicabs, and similar vehicles for hire that legally pass through the County.

C.

Construction Signs. Nonilluminated construction informational signs not to exceed eight square feet per site, erected after the required permits for the construction have been obtained and removed prior to final inspection.

D.

Directional Signs. Non illuminated directional signs not more than eight square feet in area or four feet in height for the direction of the public such as outlining/assisting vehicle and pedestrian circulation within a

site, to ingress and egress, and to facilities such as restrooms, telephones, walkways, and other similar features.

E.

Flags. Flags that do not display a commercial message.

F.

Gas Pump Signs. Signs on or within five feet of a gas pump.

G.

Government Signs. Signs and devices erected by a governmental entity, including, but not limited to, Santa Barbara County and public schools.

H.

Historic Plaques and Commemorative Signs. Historic plaques, memorial signs or tablets, or commemorative signs indicating names of buildings and dates of building erection, either attached to or cut into the surfaces of buildings, with a maximum allowable sign area of four square feet per sign.

I.

Informational Signs. Informational signs not more than two square feet in area indicating information such

as hours and days of operation, whether a business is open or closed, payment information, crop identification, and emergency address and telephone numbers.

J.

Interior Signs. Signs that are in the interior areas of a building and at least 12 inches from a window, door, or other exterior wall opening.

K.

Manufacturer's Mark. Manufacturer's marks, including signs on items such as vending machines, gas pumps, and ice containers with a maximum allowable sign area of four square feet per sign.

L.

Nameplate. One nameplate for each tenant or occupant not to exceed two square feet in area indicating the name of the occupant or tenant.

M.

No Trespassing Signs. "No Trespassing" signs not more than one square foot in area and located a minimum of 50 feet from any other "No Trespassing" sign or in compliance with the requirements of law.

N.

Official and Safety Signs. Official notices issued by a court, public body, or office and posted in the performance of a public duty; safety and other notices posted by a utility or other quasi-public agency; signs erected by a governmental body to direct or regulate pedestrian or vehicular traffic; non-commercial bus stop signs erected by a public transit agency, or other signs required for safety or authorized by law.

O.

Open House Directional Signs. Up to four off-site signs directing the public to "open house" events for the viewing of lots, premises, dwellings or structures that are for sale, lease, or rent, are permitted on private land, provided they comply with the following standards:

1.

No sign or signs exceeds four square feet in area, or three feet in height from finished grade.

2.

The sign or signs may not be placed more than two hours before the start or remain more than two hours after the conclusion of the open house event.

P.

Political, Social Issue, and Other Noncommercial Signs. Signs informing of political candidates, parties, issues, measures, propositions, philosophies or personal beliefs, and which are not commercial messages, shall be exempt from all regulations of this Chapter, except that such signs shall not be placed within the public right-of-way. Political signs shall conform to the requirements of the California State Code for placement and removal.

Q.

Real Estate Signs. One nonilluminated, on-site sign pertaining to the sale, lease, or rental of a structure or land, not exceeding six square feet in a Residential Zone or 25 square feet in any zone other than a Residential Zone.

R.

Subdivision Signs. The following signs are allowed on the site of a subdivision of five or more lots where a Tentative Map has been approved by the County.

1.

One nonilluminated, on-site sign per street frontage with a maximum size of 32 square feet per sign is allowed for a maximum of one-year period.

2.

One nonilluminated lot identification sign per undeveloped lot containing only the subdivision lot number, with a maximum size of one square foot, is allowed until the subject lot is sold.

S.

Temporary Signs.

1.

Temporary Window Signs. Temporary window signs not exceeding four square feet or 15 percent of the window area, whichever is greater, displayed for a maximum of 30 consecutive days.

2.

Temporary Event Balloons, Inflatable Signs, Streamers, Pennants and Other Attention-Getting Devices. Balloons, banners, inflatable signs, streamers, pennants, and other attention-getting devices associated with a temporary event. The balloons, inflatable signs, streamers, pennants, and other attention-getting devices shall be erected no more than five days prior to the associated temporary event and shall be removed within 24 hours after the end of the associated temporary event.

3.

Other Temporary Signs. Other temporary signs, including garage and yard sale signs, not exceeding six square feet displayed for a maximum of 30 consecutive days. A maximum of two temporary signs may be displayed at the same time on a single site.

(Ord. No. 5238, § 8, 2-11-2025)

Unless otherwise permitted by a specific provision of this Chapter, the following sign types are prohibited:

A.

Animated or Moving Signs. Animated, flashing, blinking, reflecting, revolving, or other similar sign with visibly moving or rotating elements or visible mechanical movement of any kind except when integrated into a gas pump.

B.

Balloons, Inflatable Signs, Streamers, Pennants and Other Attention-Getting Devices. Balloons, inflatable signs, streamers, pennants, and other attention-getting devices, made of light-weight fabric or similar material, designed to rotate or move with the wind, that direct, promote, or that are otherwise designed to attract attention.

C.

Mobile Billboards. Any sign carried or conveyed by a vehicle for the primary purpose of general advertising for hire. This prohibition eliminates mobile billboard advertising within the County to reduce traffic congestion, promote the safe movement of vehicular traffic, to reduce air pollution, and improve the aesthetic appearance of the County. This prohibition does not apply to displays that are part of the vehicle and related to the goods or services provided by the vehicle owner or operator or to public transit/public carrier graphics on properly licensed buses, taxicabs, and similar vehicles for hire that legally pass through the County.

D.

Off-Site Signs. Any sign advertising any activity, business, product, or service that are not conducted on the premises upon which the sign is located.

E.

Roof Signs. Signs constructed upon or over a roof; placed on a rooftop structure such as penthouse walls, chimneys, or mechanical enclosures; or placed so as to extend above the roofline or parapet.

F.

Signs Located in the Public Right-of-Way or on Public Property. Other than official government signs or warning signs required by law, no inanimate sign may be placed in or project into the public right-of-way or on public property unless authorized by an encroachment permit.

G.

Signs Affixed to Trees. Signs affixed to or cut into trees or other living vegetation.

H.

Signs on Terrain. Signs cut, burned, marked, or displayed in any manner on a street, sidewalk, cliff, hillside, or other terrain feature.

I.

Signs Creating Traffic or Pedestrian Safety Hazards. Signs placed, located, or displayed in such a manner as to constitute a traffic or pedestrian safety hazard.

1.

Signs that obstruct use of any door, window, or fire escape.

2.

Signs that impede normal pedestrian use of public sidewalks. A minimum unobstructed width of four feet must always be maintained.

3.

Signs that constitute a traffic hazard or obstruct the view of traffic, any authorized traffic sign, or signal device.

4.

Signs that create confusion or conflict with any authorized traffic sign or signal device due to color, location, wording, or use of specific phrases, symbols, or characters.

J.

Signs Producing Noise or Emissions. Signs producing visible smoke, vapor, particles, odor, noise, or sounds that can be heard at the property line shall be prohibited. This prohibition excludes menu boards with voice units at Drive-Through Facilities.

K.

Signs for Prohibited Uses. A sign displaying a commercial message promoting a business that is a prohibited use and has not been established as a legal nonconforming use.

L.

Unauthorized Signs. Signs shall not be placed on private or public property without the permission of the property owner.

(Ord. No. 5238, § 8, 2-11-2025)

A.

Measuring Sign Area. The area of a sign face includes the entire area within the perimeter of a maximum of two squares and/or rectangles that enclose the extreme limits of the frame or outline of the sign copy, or where there is no frame or outline, letters, pictures, symbols, logos, artwork, emblems, color, or other details conveying a message. Supporting structures, such as sign bases and columns, are not included in sign area provided that they contain no lettering or graphics. The area of an individual sign shall be calculated as follows.

==> picture [396 x 199] intentionally omitted <==

Figure 3-11 - Measuring Sign Area

1.

Single-Faced Signs. The sign area of a sign with a single face area is the area of the sign face.

Double-Faced Signs. Where two faces of a double-faced sign are located two feet or less from one another at all points, or located at an interior angle of 45 degrees or less from one another, the sign area of doublefaced signs is computed as the area of one face. Where the two faces are not equal in size, the larger sign face will be used. Where two faces of a double-faced sign are located more than two feet or greater than 45 degrees from one another, both sign faces are counted toward sign area.

==> picture [396 x 110] intentionally omitted <==

Figure 3-12 - Measuring Double-Faced Signs

3.

Multi-Faced Signs. On a three-faced sign, where at least one interior angle is 45 degrees or less, the area of two faces (the largest and smallest face) must be summed to determine sign area. In all other situations involving a sign with three or more sides, sign area will be calculated as the sum of all faces.

==> picture [396 x 100] intentionally omitted <==

Figure 3-13 - Measuring Multi-faced Signs

4.

Three-Dimensional (3D) Signs. Signs that consist of, or have attached to them, one or more threedimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), may have a sign area that is the sum of all areas using the four vertical sides of the smallest rectangular prism that will encompass the sign.

==> picture [396 x 204] intentionally omitted <==

Figure 3-14 - Measuring 3D Signs

B.

Measuring Sign Height. The height of a sign is the vertical distance from the uppermost point used to measure sign area to the existing grade immediately below the sign.

C.

Measuring Sign Clearance. Sign clearance shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or background embellishments.

D.

Street Frontage. The length of street frontage is measured along the property line adjacent to the public right-of-way.

E.

Building Frontage. Building frontage shall be measured as the widest lineal dimension, parallel to the ground, of a continuous frontage. A building's frontage is considered continuous if projections or recesses in a building wall do not exceed 10 feet in any direction.

==> picture [396 x 255] intentionally omitted <==

Figure 3-15 - Building Frontage

(Ord. No. 5238, § 8, 2-11-2025)

35.38.060 - General Provisions

This Section establishes general standards that apply to all sign types and in all zone districts.

A.

Applicable Codes. In addition to complying with the provisions of this Section, all signs must be constructed in accordance with applicable construction, sign, and building codes and all other applicable laws, rules, regulations, and policies.

B.

Materials. Signs shall be made of sturdy, durable materials. Paper, cardboard and other materials subject to rapid deterioration shall be limited to temporary signs. Signs made of fabric are limited to awnings, canopies, flags, and temporary signs.

C.

Minimum Sign Clearance. Signs shall have a minimum of eight feet clearance when located above any walkway or other area people may walk.

D.

Illumination. Where allowed, all sign illumination shall be consistent with Section 35.30.120 (Outdoor Lighting).

E.

Changeable Copy.

1.

Manual Changeable Copy. Manually changeable copy is allowed.

2.

Automatic Changeable Copy and Electronic Message Center Signs. Electronic Message Center (EMC) signs and automatic changeable copy in which copy can be changed or altered by electric, electromechanical, electronic, or any other artificial energy means, are allowed subject to the following standards.

a.

Limitations. Electronic Message Center (EMC) signs and automatic changeable copy are limited to institutional signs and as fuel price signs at service stations.

b.

Display Duration. The display shall change no more frequently than once every eight seconds and must have an unlighted interval between copy displays of 0.3 second or more.

c.

Static Message. Displays shall contain static messages only, and shall not have movement, or the

appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement of any illumination, or the flashing, scintillating or varying of light intensity.

d.

Light Intensity. EMC signs shall have a maximum light intensity of 0.3 foot-candles over ambient lighting conditions when measured at a distance equal to the square root of 100 times the area of the sign in square feet. All electronic copy must be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 foot-candle measurements.

e.

Automatic Controls. All electronic message displays shall be equipped with automatic controls to allow for adjustment of brightness based on ambient lighting conditions.

(Ord. No. 5238, § 8, 2-11-2025)

Table 35.38.070 (Signage Allowances and Standards) establishes signage allowances for specific uses and development and standards applicable to specific sign types.

Table 35.38.070: Signage Allowances and Standards

(Ord. No. 5238, § 8, 2-11-2025)

Modifications to the standards established in this Chapter are allowed in compliance with Section 35.82.150 (Overall Sign Plans).

(Ord. No. 5238, § 8, 2-11-2025)

A.

Sign Certificate of Conformance Required. A Sign Certificate of Conformance in compliance with Section 35.82.170 (Sign Certificates of Conformance) shall be required for all non-exempt signs. Except as otherwise expressly provided in this Chapter, it is unlawful for any person to affix, place, erect, suspend, attach, construct, structurally or electrically alter (not including a face change of sign copy), move, or

display any temporary or permanent sign within the County without first obtaining a Sign Certificate of Conformance in compliance with Section 35.82.170 (Sign Certificates of Conformance).

B.

Overall Sign Plan. An Overall Sign Plan in compliance with Section 35.82.150 (Overall Sign Plan) shall be required for the following:

1.

Developments with four or more nonresidential tenants that will have individual signs.

C.

Design Review. Design review in compliance with Section 35.82.070 (Design Review) is required for Overall Sign Plans, for signs that are part of a project that otherwise requires Design Review, and as required pursuant to any other provision of this Code.

D.

Application. The required permit application shall be filed in compliance with Section 35.80.030 (Application Preparation and Filing).

(Ord. No. 5238, § 8, 2-11-2025)

35.38.100 - Nonconforming Signs

A.

Continuance and Maintenance. A nonconforming sign may be continued, maintained, altered, reconstructed, and restored pursuant to Section 35.101.030, Nonconforming Structures.

B.

Removal. Whenever a nonconforming sign has been abandoned, or the use of the property has been discontinued for a continuous period of at least 12 consecutive months, the nonconforming sign must be removed.

(Ord. No. 5238, § 8, 2-11-2025)

Each sign displayed within the County, including exempt signs, shall be maintained to comply with the following standards:

A.

Graffiti on a sign shall be removed within seven days of notice of its placement on such sign.

B.

The display upon any sign area of a sign shall be maintained in good condition, without rips, tears, and similar damage.

C.

All parts, portions, units and materials composing a sign, together with the frame, background, surface, support or enclosure therefore shall be maintained in a safe condition, painted, and adequately protected from weathering with all braces, bolts and structural parts and supporting frames and fastenings reasonably free from deterioration, rot, rust, and loosening so that they do not create a hazard to persons or property or constitute a nuisance.

D.

Any sign or sign structure that is sagging, leaning, fallen, decayed, broken, deteriorated, or other dilapidated condition shall be promptly repaired, to the satisfaction of the County, or removed.

E.

Whenever any sign, by virtue of its physical nature and condition, poses an immediate and serious threat to the public safety, the sign may be removed by County personnel, or its physical deficiency cured, to the extent necessary to protect the public safety. The cost of such removal or repair shall be assessed against the sign or property owner.

F.

An on-premise sign identifying an activity, business, service or product shall be removed within 30 days following the discontinuance of the activity, business, service or product. If the sign is not so removed, the Director may have the sign removed in accordance with the public nuisance abatement provisions of this Code.

(Ord. No. 5238, § 8, 2-11-2025)

35.38.120 - Violation and Enforcement of Sign Regulations

A.

Violations. A sign set up, applied, erected, constructed, altered, affixed, repaired, installed, relocated, enlarged, converted, maintained, or projected as an image contrary to the provisions of this Chapter, shall be and is declared to be unlawful and a public nuisance and shall be subject to the provisions of Chapter 35.108 (Enforcement and Penalties).

B.

Enforcement. Enforcement of the provisions of this Chapter shall be in compliance with Chapter 35.108 (Enforcement and Penalties).

(Ord. No. 5238, § 8, 2-11-2025)

CHAPTER 35.39 - USE BY RIGHT, HOUSING ELEMENT

35.39.010 - Purpose and Intent

A.

Purpose and Intent. This Chapter allows housing developments as a "use by right" to incentivize lowerincome housing on certain sites that the County rezoned to accommodate its 2023-2031 Regional Housing Needs Allocation (RHNA) for very low- and/or low-income households or identified in a prior housing element to accommodate its prior RHNA, pursuant to Government Code Section 65583.2(h) and Program 1 of Chapter 5 of the 2023-2031 Housing Element Update.

B.

Applicability. This Chapter shall apply to housing developments on the following sites:

1.

A site that the County rezoned at a density of at least 20 units per acre to accommodate its 2023-2031 RHNA for very low- and/or low-income households, pursuant to Government Code Section 65583.2(h). This minimum density and the applicable development standards will permit at least 16 units per site.

a.

Qualifying sites consist of the following Assessor Parcel Numbers:

097-371-075 (3965 Apollo Way, Lompoc; 26.11 acres)

129-120-024 (Intersection of Clark Ave. and Highway 101, Orcutt; 8.00 acres)

103-740-016 (5301 S Bradley Rd, Santa Maria; 9.81 acres)

103-181-006 (250 E Clark Ave, Santa Maria; 21.43 acres)

107-470-011 (4300 Hummel Drive, Santa Maria; 14.90 acres)

107-270-051 (619 Hummel Village Ct., Orcutt; 4.47 acres)

143-220-005, 143-220-007 and 143-261-002 (1011 Meadowvale Rd, Santa Ynez; 5.89 acres)

149-290-001 (Immediately west of Cuyama Valley High School, New Cuyama; 37.88 acres)

103-080-048 (4890 Bethany Ln, Santa Maria; 3.83 acres)

071-140-072 (300 Sumida Gardens Ln, Goleta; 20.56 acres)

071-140-071 (5381 Ekwill St, Goleta; 9.38 acres)

071-140-048 (Immediately east of 5381 Ekwill St, Goleta; 8.23 acres)

065-090-031 (600 S. Patterson Ave, Santa Barbara; 15.22 acres)

065-230-012 (620 S. Patterson Ave, Santa Barbara; 15.85 acres)

071-190-036 (905 S. Patterson Ave, Santa Barbara; 39.00 acres)

065-040-041 (4960 Hollister Ave, Santa Barbara; 27.37 acres)

065-030-012 (125 S. San Marcos Santa Barbara; 5.70 acres)

077-530-012, 077-530-021, and 077-530-020 (7380 Cathedral Oaks Rd, Goleta; 112.88 acres)

059-130-011 (400 ft. N of intersection of Hwy 154 and Cathedral Oaks Rd, Santa Barbara; 15.69 acres)

059-130-014 and 059-130-015 (4150 Foothill Rd, Santa Barbara; 33.37 acres)

057-143-001 (560 N. La Cumbre Rd, Santa Barbara; 2.95 acres)

065-080-024, 065-080-008, and 065-080-009 (5050 Hollister Ave, Santa Barbara; 11.40 acres)

065-040-026 (4750 Hollister Ave, Santa Barbara; 23.00 acres)

C.

Permit requirements. Housing developments that comply with all of the development standards in Section 35.39.010.D (Development standards), below, shall be allowed as a use by right subject to the issuance of a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances).

1.

Use by right. For purposes of this section, "use by right" means the County's review shall not require a Conditional Use Permit, Development Plan, environmental review under the California Environmental Quality Act, or other discretionary review or approval pursuant to Government Code Section 65583.2(i) and Government Code Section 65589.5 for multifamily residential housing. Housing developments shall be subject to all objective standards in this Development Code, including the objective design standards of Chapter 35.33 (Multiple-Unit and Mixed-Use Housing Objective Design Standards). Any subdivision of a site shall continue to be subject to all laws, including, but not limited to, discretionary review and approval in compliance with County Code Chapter 21 (Land Division) and the Subdivision Map Act.

D.

Development standards. Housing developments on a rezone site or non-vacant or vacant site listed in Section 35.39.010.B.1.a and Section 35.39.010.B.2.a, respectively, above, shall comply with the following development standards.

1.

Housing type. The housing development shall consist of owner-occupied and/or rental multifamily residential uses.

2.

Affordability. At least 20 percent of the units shall be affordable to very low- and/or low-income households. The applicant shall record a restrictive covenant that ensures the continued affordability of all very low- and

low-income rental units for 90 years and all very low- and low-income for-sale units for 90 years, unless a different affordability term is required by low-income tax credit regulations or other applicable law.

3.

Objective standards. The housing development shall comply with all objective land use policies, regulations, development standards, and design review standards in effect at the time a complete application is submitted, including but not limited to objective design standards provided in Chapter 35.33 (Multiple-Unit and Mixed-Use Housing Objective Design Standards).

4.

Program Environmental Impact Report mitigation measures. The housing development shall comply with all applicable mitigation measures of the Mitigation Monitoring and Reporting Program of the 2023-2031 Housing Element Update Program Environmental Impact Report (Case. No. 23EIR-00004)

5.

Replacement units. Existing or previously existing dwelling units on the site of the housing development shall be replaced in the manner provided in Government Code Section 65583.2(g)(3) or successor statute.

(Ord. No. 5207, § 5, 5-3-2024; Ord. No. 5230, § 2, 2-4-2025)

ARTICLE 35.4 - STANDARDS FOR SPECIFIC LAND USES CHAPTER 35.42 - STANDARDS FOR SPECIFIC LAND USES

35.42.010 - Purpose and Applicability

A.

Purpose. This Chapter provides site planning, development, and/or operating standards for certain land uses allowed by Article 35.2 (Zones and Allowable Land Uses) within individual or multiple zones that require special standards.

B.

Applicability. A land use and/or activity addressed by this Chapter shall comply with the provisions of each Section applicable to the specific use, in addition to all other applicable provisions of this Development Code.

1.

Where allowed. The uses that are subject to the standards in this Chapter shall be located only where allowed by Article 35.2 (Zones and Allowable Land Uses).

2.

Planning permit requirements. The uses that are subject to the standards in this Chapter shall be authorized by the planning permit required by Article 35.2 (Zones and Allowable Land Uses), except where a planning permit requirement is established by this Chapter for a specific land use.

3.

Development standards. The standards for specific uses in this Chapter supplement and are required in addition to those in Article 35.2 (Zones and Allowable Land Uses) and Article 35.3 (Site Planning and Other Project Standards). In the event of any conflict between the requirements of this Chapter and those of Article 35.2 or Article 35.3, the requirements of this Chapter shall control.