SB 684, as amended, Hill. Advertising displays: redevelopment agency project areas.
Existing law, the Outdoor Advertising Act, provides for the regulation by the Department of Transportation of advertising displays, as defined, within view of public highways. The act regulates the placement of off-premises advertising displays along highways that generally advertise business conducted or services rendered or goods produced or sold at a location other than the property upon which the display is located. Under the act, advertising displays advertising businesses and activities within the boundary limits of, and as a part of, an individual redevelopment agency project may, with the consent of the redevelopment agency governing the project, be considered to be on premises, as specified. A violation of these provisions is a misdemeanor.
The Community Redevelopment Law authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined. Existing law dissolved redevelopment agencies and community development agencies, as of February 1, 2012, and provides for the designation of successor agencies.
This bill would provide that an advertising display advertising businesses and activities within the boundary limits of, and as a part of, an individual redevelopment agency project, as the project boundaries existed on December 29, 2011, may continue to exist and be considered an on-premises display,begin delete for a period not to exceed 10 years or the expiration of the redevelopment project areaend deletebegin insert until January 1, 2023,end insert if the advertising display meets specified criteria. This bill wouldbegin delete authorizeend deletebegin insert
authorize, on and after January 1, 2022,end insert the designated agency to request from the department anbegin delete extension, as specified, and would provide that the 10-year period for an existing display shall commence on January 1, 2013end deletebegin insert extension beyond January 1, 2023, not to exceed the expiration of the redevelopment project areaend insert. By imposing new conditions on a redevelopment project advertising display to remain lawfully erected, a violation of which would constitute a misdemeanor, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 5273 of the Business and Professions
2Code is amended to read:
(a) Notwithstanding the dissolution of a state
4redevelopment agency, and subject to subdivision (b), for purposes
5of this chapter, an advertising display advertising the businesses
6and activities developed within the boundary limits of, and as a
7part of, an individual redevelopment agency project, as those
8boundaries existed on December 29, 2011, may continue to exist
9and be considered an on-premises display, as defined in Section
105490, if the advertising display
meets all of the following
11conditions:
12(1) The advertising display is located within the boundary limits
13of the project.
P3 1(2) The advertising display was constructed, was under
2construction, or had been approved for construction by the
3designated agency of the project on or before January 1, 2012.
4(3) The advertising display does not cause the reduction of
5federal aid highway funds provided pursuant to Section 131 of
6Title 23 of the United States Code.
7(b) An advertising display described in subdivision (a) may
8continue to existbegin delete for a period not to exceed 10 years or the
9expiration of the redevelopment project area, whichever first occursend delete
10begin insert
until January 1, 2023end insert, after which Sections 5272, 5274, and 5405
11apply.begin delete Theend deletebegin insert On and after January 1, 2022, theend insert designated agency
12may for good cause request from the department an extension
13begin insert beyond January 1, 2023,end insert not to exceed the expiration of the
14redevelopment project area.begin delete The 10-year period for an existing
15display shall commence on January 1, 2013.end delete
16(c) The designated agency shall be responsible for ensuring that
17an advertising display is consistent with this section and
provides
18a public benefit.
No reimbursement is required by this act pursuant to
20Section 6 of Article XIII B of the California Constitution because
21the only costs that may be incurred by a local agency or school
22district will be incurred because this act creates a new crime or
23infraction, eliminates a crime or infraction, or changes the penalty
24for a crime or infraction, within the meaning of Section 17556 of
25the Government Code, or changes the definition of a crime within
26the meaning of Section 6 of Article XIII B of the California
27Constitution.
This act is an urgency statute necessary for the
29immediate preservation of the public peace, health, or safety within
30the meaning of Article IV of the Constitution and shall go into
31immediate effect. The facts constituting the necessity are:
32As of February 1, 2012, redevelopment agencies have been
33dissolved and designated successor agencies have been vested with
34all authority, rights, powers, duties, and obligations previously
35vested in the former redevelopment agencies, including projects
36addressing blight in communities. In order that advertising displays
37can continue to exist within the redevelopment agency projects,
P4 1and help to fight blight in an
affected community, it is necessary
2that this act take effect immediately.
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