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, maybegin delete continue to existend deletebegin insert remainend insert and be considered an on-premises display, until January 1, 2023, if the advertising display meets specified criteria. This bill would authorize, on and after January 1, 2022, thebegin delete designated agencyend deletebegin insert
applicable city, county, or city and countyend insert to request from the department an extensionbegin insert
for good cause, as specified,end insert beyond January 1, 2023, not to exceed the expiration of the redevelopment project area.begin insert The bill would require a specified certification of a local agency authorizing one of these advertising displays, and would require the local agency to ensure that the display conforms to the bill’s requirements. By imposing a new requirement in that regard on local agencies, the bill would impose a state-mandated local program.end 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 wouldbegin insert alsoend insert 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.
end deleteThis bill would provide that no reimbursement is required by this act for a specified reason.
end deleteThe 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.
end insertbegin insertThis bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
end insertbegin insertWith regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
end insertThis 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.
14(2) The advertising display wasbegin delete constructed, was under begin insert constructedend insert on or before January
15construction, or had been approved for construction by the
16designated agency of the projectend delete
171, 2012.
18(3) The advertising display does not cause the reduction of
19federal aid highway funds provided pursuant to Section 131 of
20Title 23 of the United States Code.begin insert If an advertising display
21authorized under this section is subject to a notice from the United
22States Department of Transportation, the Federal Highway
23Administration, or any other applicable federal agency to the state
24that the operation of that display will result in the
reduction of
25federal aid highway funds as provided in Section 131 of Title 23
26of the United States Code, the display owner or operator shall
27remove all advertising copy from the display within 60 days after
28the date the state notifiesend insertbegin insert the owner or operator, and the applicable
29city, county, or city and county, by certified mail,end insertbegin insert of the receipt of
30the federal notice. Failure to remove the advertising copy pursuant
31to this paragraph shall result in a civil fine, imposed by the
32California Department of Transportation, of ten thousand dollars
33($10,000) per day until the advertising copy is removed. The
34department shall not assume any liability in connection with the
35cessation of operation or removal of an advertising display or
36advertising copy pursuant to this paragraph. If the name of the
37owner or
operator of the display is not indicated on the display,
P4 1the state is only required to send the notice to the applicable city,
2county, or city and county.end insert
3(b) An advertising display described in subdivision (a) may
4begin deletecontinue to existend deletebegin insert remainend insert until January 1, 2023, after whichbegin delete Sections begin insert date the display shall be removed,
55272, 5274, and 5405 applyend delete
6unless it otherwise qualifies as a lawful advertising display
7pursuant to this chapter, without the payment of any compensation
8to the owner or operatorend insert. On and after January
1, 2022, the
9begin delete designated agencyend deletebegin insert applicable city, county, or city and countyend insert may
10for good cause request from the department an extension beyond
11January 1, 2023, not to exceed the expiration of the redevelopment
12project area.begin insert
“Good cause” for these purposes means all of the
13following are satisfied: (1) there has been a finding by the
14applicable city, county, or city and county that the advertising
15display has had a positive economic impact on the redevelopment
16project area and provides a public benefit, (2) there have been no
17violations by the display owner or operator of this section or of
18any applicable illumination standards in the previous 10 years
19that have not been corrected within 30 days of the date of mailing
20of a violation notice to the owner or operator by the department,
21and (3) there has been compliance by the owner and operator with
22all other standards adopted by the applicable city, county, or city
23and county, or by the department.end insert
24(c) Thebegin delete designated agencyend deletebegin insert
applicable city, county, or city and
25countyend insert shall be responsible for ensuring that an advertising display
26is consistent with this section and provides a public benefit. This
27provision shall not be construed to preclude any enforcement
28authority of the department under this chapter.
29(d) The applicable city, county, or city and county shall
30annually, by December 31, certify to the department that the
31advertising copy of the advertising display is advertising businesses
32or activities operating within the boundaries of the redevelopment
33project area and that at least 10 percent of the advertising copy,
34up to a maximum of 100 square feet, is used to display the address
35or location or locations of the business or activity, or to identify
36the route to the business or activity from the nearest freeway
37
offramp. The department may independently review compliance
38with this certification. An advertising display subject to this section
39shall be removed if it is in violation of this subdivision more than
40three times within a 10-year period and the violation has not been
P5 1corrected within 30 days of the date of mailing of a violation notice
2to the owner or operator by the department.
3(e) The applicable city, county, or city and county authorizing
4an advertising display placed pursuant to this section shall have
5primary responsibility for ensuring that the display remains in
6conformance with all provisions of this section. If the city, county,
7or city and county fails to do so within 30 days of the date of
8mailing of a notice to the city, county, or city and county by the
9department, the city, county, or city and county shall hold the
10
department harmless and indemnify the department for all costs
11incurred by the department to ensure compliance with this section
12or to defend actions challenging the authorization of displays
13pursuant to this section.
No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution because
16the only costs that may be incurred by a local agency or school
17district will be incurred because this act creates a new crime or
18infraction, eliminates a crime or infraction, or changes the penalty
19for a crime or infraction, within the meaning of Section 17556 of
20the Government Code, or changes the definition of a crime within
21the meaning of Section 6 of Article XIII B of the California
22Constitution.
No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution for certain
25costs that may be incurred by a local agency or school district
26because, in that regard, this act creates a new crime or infraction,
27eliminates a crime or infraction, or changes the penalty for a crime
28or infraction, within the meaning of Section 17556 of the
29Government Code, or changes the definition of a crime within the
30meaning of Section 6 of Article XIII B of the California
31Constitution.
32However, if the Commission on State Mandates determines that
33this act contains other costs mandated by the state, reimbursement
34to local agencies and school districts for those costs shall be made
35pursuant to Part 7 (commencing with Section 17500) of Division
364 of Title 2 of the Government Code.
This act is an urgency statute necessary for the
38immediate preservation of the public peace, health, or safety within
39the meaning of Article IV of the Constitution and shall go into
40immediate effect. The facts constituting the necessity are:
P6 1As of February 1, 2012, redevelopment agencies have been
2dissolved and designated successor agencies have been vested with
3all authority, rights, powers, duties, and obligations previously
4vested in the former redevelopment agencies, including projects
5addressing blight in communities. In order that advertising displays
6can continue to exist within the redevelopment agency projects,
7and help to fight blight in an
affected community, it is necessary
8that this act take effect immediately.
O
95