SB 1199, as introduced, Hall. 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.
The act also provides that an advertising display advertising businesses and activities within the boundary limits of, and as a part of, an individual redevelopment agency project, as those project boundaries existed on December 29, 2011, may remain and be considered an on-premises display, until January 1, 2023, if the advertising display meets specified criteria. The act further authorizes, on and after January 1, 2022, the applicable city, county, or city and county to request from the department an extension for good cause, as specified, beyond January 1, 2023, not to exceed the expiration of the redevelopment project area.
This bill would make a nonsubstantive change to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
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 was constructed on or before January
151, 2012.
16(3) The advertising display does not cause the reduction of
17federal aid highway funds provided pursuant to Section 131 of
18Title 23
of the United States Code. If an advertising display
19authorized under this section is subject to a notice from the United
20States Department of Transportation, the Federal Highway
21Administration, or any other applicable federal agency to the state
22that the operation of that display will result in the reduction of
23federal aid highway funds as provided in Section 131 of Title 23
24of the United States Code, the display owner or operator shall
25remove all advertising copy from the display within 60 days after
26the date the state notifies the owner or operator, and the applicable
27city, county, or city and county, by certified mail, of the receipt
28of the federal notice. Failure to remove the advertising copy
29pursuant to this paragraph shall result in a civil fine, imposed by
30the California Department of Transportation, of ten thousand
31dollars ($10,000) per day until the advertising copy is removed.
32The department shall not assume any liability in connection with
33the cessation of operation or removal of an advertising
display or
34advertising copy pursuant to this paragraph. If the name of the
35owner or operator of the display is not indicated on the display,
36the state is only required to send the notice to the applicable city,
37county, or city and county.
P3 1(b) An advertising display described in subdivision (a) may
2remain until January 1, 2023, after which date the display shall be
3removed, unless it otherwise qualifies as a lawful advertising
4display pursuant to this chapter, without the payment of any
5compensation to the owner or operator. On and after January 1,
62022, the applicable city, county, or city and county may for good
7cause request from the department an extension beyond January
81, 2023, not to exceed the expiration of the redevelopment project
9area. “Good cause” for these purposes meansbegin insert thatend insert all of the
10following are satisfied: (1) there has been a finding by the
11applicable city,
county, or city and county that the advertising
12display has had a positive economic impact on the redevelopment
13project area and provides a public benefit, (2) there have been no
14violations by the display owner or operator of this section or of
15any applicable illumination standards in the previous 10 years that
16have not been corrected within 30 days of the date of mailing of
17a violation notice to the owner or operator by the department, and
18(3) there has been compliance by the owner and operator with all
19other standards adopted by the applicable city, county, or city and
20county, or by the department.
21(c) The applicable city, county, or city and county shall be
22responsible for ensuring that an advertising display is consistent
23with this section and provides a public benefit. This provision shall
24not be construed to preclude any enforcement authority of the
25department under this chapter.
26(d) The applicable city, county, or city and county shall annually,
27
by December 31, certify to the department that the advertising
28copy of the advertising display is advertising businesses or
29activities operating within the boundaries of the redevelopment
30project area and that at least 10 percent of the advertising copy,
31up to a maximum of 100 square feet, is used to display the address
32or location or locations of the business or activity, or to identify
33the route to the business or activity from the nearest freeway
34offramp. The department may independently review compliance
35with this certification. An advertising display subject to this section
36shall be removed if it is in violation of this subdivision more than
37three times within a 10-year period and the violation has not been
38corrected within 30 days of the date of mailing of a violation notice
39to the owner or operator by the department.
P4 1(e) The applicable city, county, or city and county authorizing
2an advertising display placed pursuant to this section shall have
3primary responsibility for
ensuring that the display remains in
4conformance with all provisions of this section. If the city, county,
5or city and county fails to do so within 30 days of the date of
6mailing of a notice to the city, county, or city and county by the
7department, the city, county, or city and county shall hold the
8department harmless and indemnify the department for all costs
9incurred by the department to ensure compliance with this section
10or to defend actions challenging the authorization of displays
11pursuant to this section.
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