BILL NUMBER: AB 170 CHAPTERED 10/10/99 CHAPTER 818 FILED WITH SECRETARY OF STATE OCTOBER 10, 1999 APPROVED BY GOVERNOR OCTOBER 8, 1999 PASSED THE SENATE SEPTEMBER 7, 1999 PASSED THE ASSEMBLY JUNE 2, 1999 AMENDED IN ASSEMBLY MAY 28, 1999 AMENDED IN ASSEMBLY MAY 18, 1999 AMENDED IN ASSEMBLY MAY 6, 1999 INTRODUCED BY Assembly Member Firebaugh JANUARY 15, 1999 An act to add Section 5273.5 to the Business and Professions Code, relating to outdoor advertising. LEGISLATIVE COUNSEL'S DIGEST AB 170, Firebaugh. Outdoor advertising: redevelopment districts. The Outdoor Advertising Act regulates the placement of advertising displays along highways. The act exempts from its provisions certain advertising displays that advertise the business conducted or services rendered or goods produced or sold on the property upon which the display is placed, as specified, except provisions governing licenses and imposing regulations. The act provides an exemption from specified display restrictions for advertising displays that advertise businesses and activities developed within the boundary limits of, or as part of, an individual redevelopment agency project by authorizing those displays to be considered, with the consent of the redevelopment agency governing the project, as being on premises anywhere within the limits of the project, as specified. The exemption is conditioned on, among other things, all of the land in the project being contiguous or separated only by a public highway or public facilities developed or relocated for inclusion within the project as a part of the original redevelopment plan. This bill would, notwithstanding those provisions, for the City of Buena Park in Orange County, the Cities of Commerce, Covina, and South Gate in Los Angeles County, and the City of Victorville in San Bernardino County, extend the exemption for redevelopment agency projects to include more than one of the agency's project area or areas, would exempt the display as being on premises if it is anywhere within the legal boundaries of the redevelopment agency's project area or areas, instead of within the limits of the project, and would delete the condition that all of the land in the project be contiguous or separated only by a public highway or public facilities. The bill would require the governing body of a redevelopment agency within these cities, upon approving the purchase, lease, or other authorization for the erection of an advertising display, to prepare, adopt, and submit to the department an application for the issuance of a permit that, at a minimum, includes a finding that the advertising display would not result in a concentration of displays that will have a negative impact on the safety or aesthetic quality of the community. The bill also would authorize the department to deny the application only if the proposed structure would violate specified provisions of law, or if the display would cause a reduction in federal-aid highway funds. This bill would make certain findings and declarations regarding the inapplicability of a general statute within the meaning of Section 16 of Article IV of the California Constitution. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) The Outdoor Advertising Act (Chapter 2 (commencing with Section 5200) of Division 3 of the Business and Professions Code) regulates the placement of advertising displays along highways and provides limited exemptions from its provisions. (b) Section 5273 of the Business and Professions Code provides a limited exemption from the act by authorizing a city to advertise a redevelopment project with a sign located adjacent to a highway, but only if the sign is located within the boundary limits of the redevelopment project and advertises a single redevelopment project that is located in one contiguous area. (c) The practical effect of Section 5273 of the Business and Professions Code is that its exemption is limited to cities that have a project that is located adjacent to a highway. (d) Certain cities have from two to five different redevelopment projects that usually are not located in one contiguous area, and have redevelopment projects that are not located adjacent to a highway. (e) Accordingly, a provision should be added to the Business and Professions Code to authorize certain cities to use the same sign to advertise all redevelopment projects that are within that city, regardless of whether the projects are contiguous to each other or are located adjacent to a highway. SEC. 2. Section 5273.5 is added to the Business and Professions Code, to read: 5273.5. (a) Notwithstanding Section 5273, for the purposes of this chapter, in the City of Buena Park in Orange County, the Cities of Commerce, Covina, and South Gate in Los Angeles County, and the City of Victorville in San Bernardino County, advertising displays advertising those businesses and activities developed within the boundary limits of, and as a part of, any redevelopment agency project area or areas may, with the consent of the redevelopment agency governing the project area, be considered to be on the premises anywhere within the legal boundaries of the redevelopment agency's project area or areas for a period not to exceed 10 years or the completion of the project, whichever occurs first, after which Sections 5272 and 5405 apply, unless an arrangement has been made for extension of the period between the redevelopment agency and the department for good cause. (b) The governing body of a redevelopment agency in the cities set forth in subdivision (a), upon approving the purchase, lease, or other authorization for the erection of an advertising display pursuant to this section, shall prepare, adopt, and submit to the department an application for the issuance of a permit that, at a minimum, includes a finding that the advertising display would not result in a concentration of displays that will have a negative impact on the safety or aesthetic quality of the community. The department shall only deny the application if the proposed structure violates Sections 5400 to 5405, inclusive, or subdivision (d) of Section 5408, or if the display would cause a reduction in federal-aid highway funds as provided in Section 131 of Title 23 of the United States Code. SEC. 3. Due to the unique circumstances concerning the location of redevelopment projects in the City of Buena Park in Orange County, the Cities of Commerce, Covina, and South Gate in Los Angeles County, and the City of Victorville in San Bernardino County, in relation to the nearest highway, and the need to advertise these projects, it is necessary that an exemption from the Outdoor Advertising Act be provided for those projects, and the Legislature finds and declares that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution.