BILL NUMBER: SB 190 CHAPTERED 07/11/01 CHAPTER 54 FILED WITH SECRETARY OF STATE JULY 11, 2001 APPROVED BY GOVERNOR JULY 11, 2001 PASSED THE SENATE JULY 5, 2001 PASSED THE ASSEMBLY JULY 2, 2001 AMENDED IN ASSEMBLY MAY 21, 2001 AMENDED IN SENATE APRIL 5, 2001 AMENDED IN SENATE MARCH 27, 2001 INTRODUCED BY Senator Perata FEBRUARY 8, 2001 An act to amend Section 5440, and to add Section 5442.10 to, the Business and Professions Code, relating to outdoor advertising, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 190, Perata. Highways: outdoor advertising. The Outdoor Advertising Act regulates the placement of advertising displays adjacent to and within specified distances of highways that are part of the national system of interstate and defense highways and federal aid highways. The act, except as specified, prohibits any advertising display from being placed or maintained on property adjacent to a section of a freeway that has been landscaped if the advertising display is designed to be viewed primarily by persons traveling on the main-traveled way of the landscaped freeway. This bill would exempt from that prohibition, and would, subject to special removal and relocation provisions, not more than 5 nonconforming advertising displays located on the Oakland-Alameda County Coliseum Complex property, if the displays meet prescribed conditions. The bill would require the Department of Transportation, upon receiving a written request to erect certain displays, and in accordance with a specific Memorandum for Record with the Federal Highway Administration, to promptly request the approval of that change in orientation by the Federal Highway Administration to ensure that the advertising displays will not cause a reduction in federal aid highway funds and, upon receipt of that authorization, the bill would allow for the displays to be erected. The bill would set forth facts and declare that the provisions specified above constitute necessary special legislation. The bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 5440 of the Business and Professions Code is amended to read: 5440. Except as provided in Sections 5441, 5442, 5442.7, 5442.8, 5442.9, and 5442.10, no advertising display may be placed or maintained on property adjacent to a section of a freeway that has been landscaped if the advertising display is designed to be viewed primarily by persons traveling on the main-traveled way of the landscaped freeway. SEC. 2. Section 5442.10 is added to the Business and Professions Code, to read: 5442.10. (a) Notwithstanding any other provision of this chapter, Section 5440 does not apply to any advertising display if all of the following conditions are met: (1) Not more than five advertising displays, whose placement or maintenance is otherwise prohibited under this chapter, shall be erected and only if approved by the Oakland-Alameda County Coliseum Authority. (2) All five advertising displays shall meet the 1,200 square foot size restriction set forth in subdivision (a) of Section 5408. However, subject to subdivision (b), three of the advertising displays may be vertically oriented so long as those displays do not exceed 60 feet in height and 25 feet in length, including border and trim and excluding base or apron supports, and other structural members. (3) The display area of each advertising display is measured by the smallest square, rectangle, circle, or combination that will encompass the display area. For purposes of this section, embellishments and secondary signs located in the border or trim around a display area advertising the name of the coliseum complex or the identities of athletic teams who are licensees or lessees of all or portions of the Oakland-Alameda County Coliseum Complex shall not cause the border or trim areas to be included in a display face for measurement purposes. In the case of an LED display advertising on-premises activities at the Oakland-Alameda County Coliseum Complex, or off-premises, noncommercial community activities, the LED portion of the display face shall not be included for measurement purposes. (4) Placement or maintenance of each advertising display does not require the immediate trimming, pruning, topping, or removal of trees located on a state highway right-of-way to provide visibility to the advertising display, unless done as part of the normal landscape maintenance activities that would have been undertaken without regard to the placement of the display. (5) No advertising display shall advertise products or services that are directed at an adult population, including, but not limited to, alcohol, tobacco, gambling, or sexually explicit material. (6) Each advertising display shall be located on the Oakland-Alameda County Coliseum Complex property and shall comply with the spacing requirements set forth in subdivision (d) of Section 5408, as implemented by department regulation. (7) If any advertising display erected pursuant to this section is removed for purposes of a transportation project undertaken by the department, the display owner is entitled to relocate that display within the Oakland-Alameda County Coliseum Complex property, and is not entitled to monetary compensation for the removal or relocation even if relocation is not possible. (8) The display shall not cause a reduction in federal aid highway funds as provided in Section 131 of Title 23 of the United States Code. (b) For the specific purpose of this section and in accordance with the Memorandum for Record with the Federal Highway Administration dated January 17, 2001, upon the written request of the Oakland-Alameda County Coliseum Authority on behalf of its licensee or contractor seeking to erect one or more of the three advertising displays allowed by paragraph (2) of subdivision (a) consisting of a size not to exceed 60 feet in height and 25 feet in length, the department shall promptly request Federal Highway Administration approval of that change in orientation to ensure that the advertising displays will not cause a reduction in federal aid highway funds. Upon receipt of the approval from the Federal Highway Administration, the advertising display or displays may be erected. (c) For the purposes of this section, the Oakland-Alameda County Coliseum Complex is the real property and improvements located at 7000 Coliseum Way, City of Oakland, and more particularly described in Parcel Map 7000, filed August 1, 1996, Map Book 223, Page 84, Alameda County Records, Assessor's Parcel Nos. 041-3901-008 and 041-3901-009. SEC. 3. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances that exist in the City of Oakland. The facts constituting the special circumstances are as follows: The physical location of property controlled by the Oakland-Alameda County Coliseum Authority in the City of Oakland would benefit the authority if used in the manner allowed by Section 2 of this act with minimal disruption of the purposes served by Section 5440 of the Business and Professions Code and the City of Oakland would benefit from the removal of advertising displays without the payment of compensation. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to exempt a limited number of displays to be located on public property in the City of Oakland from certain restrictions of the Outdoor Advertising Act, at the earliest possible time, it is necessary that this act take effect immediately.