HomeMy WebLinkAbout1983-03-01; City Council; 7307; Amendment to Bring Carlsbad Sign Ordinancezo
AB# 73 07
MTG. 3/1/83
DEPT. CA
m W I rl I m
TITLE AMENDMENT TO BRING CARLSBAD SIGN
ORDINANCE INTO COMPLIANCE WITH
STATE AND FEDERAL LAW
tin JF CARLSBAD - AGEND~ ALL
DEPT. HD.
CITY Am&?&
CITY MGR. %
RECOMMENDED ACTION:
Refer to Planning Commission for report and recommendations, then, 1
Introduce Ordinance No. 9 b7#
ITEM EXPLANATION
This ordinance is the last in a series of amendments intended to bring the Carlsbad Siqn Ordinance into full compliance with State
and Federal law. It establishes a time limit for removal of legally erected billboards in a manner which will avoid payment to the billboard owner. This ordinance is based on the assumption
that the City Council still believes that billboards are inappropriate in Carlsbad. For further explanation see the attached memorandum.
EXHIBITS
Ordinance No. (0 7 4 Memorandum to Mayor and City Council 494 California Statutes 1982
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MEMORANDUM
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DATE : January 31, 1983
- To: Mayor and City Council
DATE: City Attorney
SUBJECT : SIC'J CONTROL
In 1981 the City Council adopted Ordinance No. 9608 which reaffirmed its commitment to strict sign control within the City of Carlsbad. A
copy of that ordinance is attached- to this memorandum.
Over the past Geveral years the outdoor advertising industry has
attempted to get the state legislature to take away the City's ability to require the removal of off-premises billboards without
paying compensation to the billboard owner. The City of Carl.sbad and
the League of California Cities has opposed that effort and, on June
9, 1982 former blayor Rackard sent a letter to former Governor Brown
urging the veto of the legislation which eventually became Chapter
494 of California Statutes of 1982. A copy of that letter is attached.
Chapter 494 is clearly a compromise between the interests of local
government and the interests of the outdoor advertising industry. It
allows the removal of certain billboards without the payment of
compensation. Fortunately for the City of Carlsbad there are only two outdoor advertising displays which come within the provisions of
Chapter 494. Those two structures are located on Carlsbad Boulevard near the Lanikai Lane Mobile Home Park, The attached ordinance will
bring the Carlsbad sign regulations into conformity with the
provisions of Chapter 494 and will establish a procedure whereby
these two remaining billboards can be removed without the City paying
compensation to the sign owners.
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The Director of Building and Planning has determined that the value of
the single faced billboard sign is S4,329. Based on the schedule
contained in Chapter 494, that sign would have four years to remain
up. The double faced sign has been assigned a value of $2,988 and
would have three years before it had to be taken down, The value is
based on the price to actually construct the billboard as of January 7, 1983, The proposed ordinance provides -the billboard owner the
opportunity to appeal the determination of value to the City Council.
A copy of the calculations used to determine those figures is attached to this memorandum. .-
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.* Mayor and City Council
RE: SIGN CONTROL
Janaury 31, 1983
Page 2
If the Council desires to have the billboards removed prior to the time established by law they could do so by the payment of compensation to the sign owner and the owner of the property upon
which the siqn is located. Alternatively, the Council could contact
the owner of the property upon which the sign is located and request:
that the property owner voluntarily have the sign removed.
This ordinance has been reviewed by the Director of Building and
Planning and the Land lJse Planning Manager, Both recommend its
adopt ion. -
Assistant City Attorney
rme attachments :
Ordinance No. ,9608
June 9, 1982 Packard Letter to Brown
Chapter 494 calculations re: billboard sign value
c: City Manager
with attachments
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- EXHIBIT "A"
MARC€I 25, 1983
ORDINANCE NO. 9674
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS CHAPTERS AND SECTIONS TO BRING THE
PROVISIONS OF THE CARSLBAD ZONING ORDINANCE
PERTAINING TO REGULATION OF SIGNS INTO CONSISTENCY WITH CHAPTER 494 OF THE CALIFORNIA STATUTES OF 1982.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: This ordinance is a continuation of the
efforts of the City of Carlshad to regulate and eliminate certain
signs and structures in the City in a manner which is consistent
with the provisions of state and federal law. The City Council,
therefore, determines that the facts, findings and conclusions
made by the City Council when it adopted Ordinance No. 9608 are
are still true and the City Council hereby reaffirms the facts,
findings and conclusions contained in Sections 1 and 2 of
of Ordinance No. 9608.
SECTION 2: That Title 21, Chapters 21.07, 21.08,
21.09, 21.10, 21.12, 21.14, 21.16, 21.18, 21.24, 21.25, 21.26,
21.28, 21.29, 21.30, 21.32, 21.34, 21.36, 21.37, of the
Carlsbad Municipal Code are amended by the addition of Sections
21.07.020 (13), 21.08.010 (9), 21.09.020 (6), 21.10.010 (lo),
21.12.010 (6), 21.14.010 (5), 21.16.010 (7), 21.18.020 (19),
21.24.010 (5), 21.25.030 (23), 21.26.010 (28), 21.28.010 (8),
21.29.030 (4), 21.30.010 (27), 21.34.010 (6), 21.36.020 (12),
21.37.020 (5) respectively, all of which additional subsections
shall read as follows:
"Signs subject to the provisions of Chapter 21.41."
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SE TI01 3: That T tle I Chapter 1. -. of the
Carlsbad Municipal Code is amended by the amendment of Section
21.41.010 to read as follows:
21.41.010 Application - Violation. (a) The provisions of this chapter shall apply generally to all zones established by this title.
(b) It is unlawful for any person, firm, or
corporation to erect, construct, enlarge, alter, repair, move,
improve, remove, convert, demolish, equip, use or maintain any siqn within the City, or cause or permit the same to be done,
contrary to or in violation of any of the provisions of this
chapter. Any person, firm, or corporation violating any of the provisions of this chapter shall be punished according to the
provisions of Chapter 1.08 of the Code. And each such person,
firm, or corporation is guilty of a separate offense for each
and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or
permitted. In addition, any sign maintained, used or permitted
contrary to the provisions of this chapter shall constitute a
public nuisance.
SECTION 4: That Chapter 21.41 shall be amended by the
addition of Section 21.41.084 to read as follows:
21.41.084 Special Provisions for Certain Off Premises Advertisina Displavs. (a) This section is adopted pursuant to the provisions
of Chapter 494 of California Statutes of 1982.
(b) This section shall apply to all off-premise advertising displays which were lawfully erected prior to November 6, 1978 in compliance with state laws and local
ordinances in effect when the displays were erected or to any
display lawfully erected after November 6, 1978 provided that the
display has been maintained in full compliance with the law or
ordinance which permitted its erection. Any sign which was
lawfully erected after November 6, 1978 and which has become
illegal pursuant to the law under which it was erected may be removed pursuant to the provisions of this code for the removal of any other illegal sign.
owners of any advertising displays subject to the provisions of
this section and located on land shown on the general plan as
residential or agricultural, and to the owner or owners of the
land on which this display is located, that such display shall be removed after the expiration of the time period established according to this section.
upon expiration of the period of years after notice to remove has been given, established in the following schedule:
(c) The City Manager shall give notice to the owner or
(d) Off-premise advertising displays shall be removed
2.
.
FAIR MARKET VALUE ON DATE YEARS ALLOWED
OF NOTICE TO REMOVE BEFORE REMOVAL
Under $1,999 2
$2,000 - 3,999 3
$4,000 - 5,999 4
$6,000 - 7,999 5
$8,000 - 9,999 6
$10,000 and over 7
(e) The fair market value on the date of the notice to
remove shall be established by the Director of Building and
Planning and shall be included by the City Manager in the notice to remove.
(f) The owner of the sign or the property upon which it is located may appeal the determination of the fair market
value on the date of the notice to remove to the City Council in
writing within thirty days after the date that the notice by the
City Manager is mailed. An appeal to the City Council shall not
affect the date of the notice to remove for the purposes of calculating the time for removal.
EFFECTIVE DATE: This Ordinance shall be effective
thirty days after its adoption and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published
at least once in the Carlsbad Journal within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of I
19 , and thereafter
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PASSED AND ADOPTED at a regular meetinq of said City
Council held on the day of 1983 by
the following vote, to wit:
AYES:
NOES:
ABSENT:
MARY H. CASLER, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, CITY CLERK
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ORDINANCE NO, 9608
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 21, CHAPTER 21.41, OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITIOPJ OF
SECTIONS 21.41.015, 2'1.41.081, 21.41.082, 21.41.083, 21.41.004, 21.41.085
21.41.086, AND 21.41.087 TO PROVIDE FOR A
HEARING PROCESS FOR EXTENSION OF AMORTIZATION PERIODS FOR SIGbJS AND BY'THE AMENDMENT OF
ONSITE SIGNS.
SECTION 2 I .4 I . 050 TO ALLOW NON-C@I.lMERCIAL
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The City Councii of the City of Carlsbad, California,
does ordain as follows:
SECTION 1: This ordinance is a continuation of the
efforts of the City of Carlsbad to regulate and eliminate certain
signs and structures in the City.. This ordinance supplements the
regulatory provisions of Chapter 21;41- of the Carlsbad Municipal.
Code. The Council recognizes that strict application of the ..
provisions of. Chapter 21.41 may create hardships for certain
property .requlated by those provisions. Council also recognizes
that this hardshi.p must be balanced against the detriment to the
citizens of Carlsbad caused by noncompliance with Chapter 21.41.
While existing provisions OF 'the cdde provide adequate relie€
from the strict application of its regulatory provisions, the
Council finds 'that it is desirable to establish a special hearing
procedure for relief from the .amortization provisions' of Chapter
21.41.
The City Council finds that continued strict enforcement -
of the existing sign ordindnce is necessary to'protect the
aesthetic quality of the city and is part of the ci.ty's continued
efforts to promote an attractive conimunity. The City Council
.recognizes that the U.S. Supreme Court in the-case of Metromedia ---
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Inc. v. City of San Diego has established certain strict criteria
to ensure that regulation of signs dpes not unreasonably restrict
first amendment freedoms. The City Council finds that no areas
of the city are compatible'with biliboard usage because of the
scenic nature of the city and its major arterials including, but
not limited to, Carlsbad Boulevard, El Camino Real, Interstate 5,
and Palomar Airport Road and because Carlsbad's commercial and
I industrial areas have been planned in such a manner that visual
aesthetics are a primary concern-
particularly the downtown commercial and industrial areas, which
at one time may have been suitable for billboard uses are no
longer suitable for that use bec'ause.0.f the change the area is
Older areas of the city,
undergoing and because of the continued efforts by the city to
upgrade these areas. The Council finds that'regulation of signs
.-- including on-site signs and billboards is necessary to ensure
that the social and aesthetic qualities of the city are
maintained, to promote local business including tourism, and to
enchance property values throughout the city, The Council also
finds that prohibitions against off-site signs are necessary to
prevent sign proliferation in the city. The Council further
finds that regulations of signs both on and off-site are
necessary to ensure the safe use of city streets and sidewalks
and promote traffic safety..
SECTION 2: Based on evidence and testimony presented at
the public hearing, the Council finds that all signs and
structures which have become nonconfhrming because of expiration
of the time periods established by Section 21.41.080 of the
Carlsbad 'Municipal Code are fully amortized and that failure to
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iately remove such nonconforming signs or stru tures will be
detrimental to the public health, saEety and welfare and to the
intent of the citizens of Carlsbad to enhance the aesthetic
quality of their ci.ty in order to stimulate economic and social
benefits including tourism..
SECTION 3: Title 18, Chapter 18.20 and Title 21,
Chapter 21.41 are hereby readopted in their entirety except as
amended by this ordinance,
SECTION 4: Title 21, Chapter 21.41 of the Carlsbad
Municipal Code is amended by the addition of Sections 21.41.015,
21.41.081, 21.41.082, 21.41.083, 21.41.084, 21.41.085,
21.41.086 and 21.121.087 to read.as follows:
"21.41 -015 Remova.1 of nonconforming signs. Signs or
parts thereof, including sign supports, not conforming to the
requirements of this code shall be abated as'prescribed by law.
21.41.081 Removal of amortized signs. Signs made
nonconforming by expiration of the time period established by
Section 21.41.080 shall be immediately abated pursuant to the procedures established by Sections 21.41.082 through 21.41.087.
21.41.082 Declaration of amortization; Notice of
Removal. (a) All signs and structures which have become nonconforming because of expiration of applicable time period
established by Section 21.41.080, are hereby deemed to be fully
amortized and a public nusiance, and may he removed by any city employee at the direction of the City Manager, or his designee,
upon the expiration of thirty days after written notice of such
nonconformance and order of reinoval has been made. The actual cost of such removal shall be charged to the display owner.
manner :
shall be posted'on the struct-ure for sign to be removed.
mail to the last known address of the display owner.
shall inform the xecipient of the appeal process.
nonconforminq siqn or structure shall be removed by the date
established on the order for removal.
(b) Written notice shall be given in the following
1. Notice of nonconformance and order for removal
2. A copy of said notice shall be mailed by certified -
(c) Said notice shall state the date for removal and
21.41-083 Removal of siqn after notice. A
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21-41.084 Application for extension of time for removal. (a) An application for an extension of time may be
made by the owner of the property affected or by an occupant or
tenant doing business on the affected property at any time prior
to the expiration of the period established by the notice.
Filing an application for an extension of time shall stay the
period for removal until final determination of the application,
on forms provided by the City Clerk and shall be verified.
information:
conditions relied upon as grounds for the application.
(b) The application shall be filed with the City Clerk
(c) The application shall contain .the following
1, A full statement of the circumstances and
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2. A legal description of the property involved,
name of the owner, or owners, of the property upon which the sign is located.
3. Photqgraphs of the sign, or signs affected. 4, The date and cost of original construction,
5. The date and cost of applicant’s purchase or
other acquisition of the s’ign or structure. 6. The dates and costs of any repairs or maintenance to the sign or. structure.
7. The average monthly gross income derived from
proceeds gerlerated from the sign or structure measured over the
period of existence or ownership. 8. The current value of the sign or structure. 9. A statement of whether or not the sign has been
completely depreciated for federal income tax purposes and if
not, the amount remaining to be depreciated.
forward the application to the City Manager, The City Manager, or his designee, may review the application, conduct an investigation if necessary and make a recommendation to the City Council regarding the information contained in the application.
The City Manager, or his designee, may seek information from any
source in conducting the investigation.
hearing and give notice of the time, place an purpose of such
hearing in accordance with the procedures established by law.
(d) Upon receipt of an application the City Clerk shall
(e) The City Clerk shall set a date for a public
21.41.085 Council action. (a) After condu‘cting a public hearing on an application for an extension of tixe, the City Council may by resolution deny said application or grant
such an extension of time as it finds necessary to permit the applicant to recoup his investment in the particular sign involved. A grant of extension of time shall be based on
findings supported by hearing testimony or other evidence that:
code to a particular sign is unreasonable;
code create a hardship upon the applicant which was not brought about by an act of the applicant;
Carlsbad Municipal Code have been satisfied; and
of this code outweighs any detriment to the public caused by granting an extension,
extensions of t‘ime the City Council shall consider any evidence presented as to the following matters, but not limited thereto.
sign.
1. Strict application of the provisions of this
2. Strict application of the provisions of this
.3. The provisions of Section 21,50.030 of the
4. The hardship resulting from- strict .application
(b) In making a determination as to granting or denying
1. Age, condition and- physical characteri-stics of
2. Location,
3. Remaining economic life.
4. Depreciation treatment for income tax
5. Investment: in the’sign. purposes.
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..- 6. Monopoly or ad antage res1
that similar new siqns are prohibited.
lting from the fact
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8. Extent of nonconformity.
9. Repairs or maintenance made during the period
Costs to kemove the sign and salvage value.
established by Section 21.41.080 shall not be considered so as to extend the time for amortization.
21.47.086 Notice of decision. A copy of the resolution
made pursuant to this section may be filed with the City Clerk
and the County Recorder of the County of San Diego and a copy
shall be mailed to the applicant. The resolution need not be
filed with the County Recorder if the resolution is a denial of
the extension of time.
21.41.087 Decision final. The decision of the City
Council, pursuant to Section 21.41.085, shall be final.
SECTION 4: That Title 21, Chapter 21.41. of the Carlsbad
Municipal Code is amended by the amendment of Section 21.41.050
by the addition of subsection (3)(F) to read as follows:
the property.
(F) . Non-commercial messages by the owner or occupant of
EFFECTIVE DATE: This ordinance shall be effective
thirty days after .Its adoption, and the City Clerk shall certify
t.0 the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after its
adoption.
INTP\ODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Councii held on the 16th day of Mar- , 1982
and thereafter
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PASSED AND ADOPTED at a regular meeting of said City
Eouncil held on the 6th day of @ril , 1982 by the
following vote, to wit:
AYES: Council Members Packard, Casler, hear, Lewis and Kulchin
ABSENT: None
-/ 4z..dz52Ekd/ - RONALD C. PACKARD, Mayor
ATTEST:
d. .I fi C*! hk. ALETHA L. RAUTENKRANZ, City Clerkd
( SEAL)
6.
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1200 ELM AVENUE ( CARLSBAD, CALIFORNIA 92008
Office of the Mayor
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June 9, 1982
TELEPHONE:
1714) 729-1 181
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c Governor Edmund A. Brown, Jr. State Capitol
Sacramento, California 95814
Honorable Governor Brown:
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I am wllting on behalf of the City of Carlsbad to express concern
with AB 1353 (Papan) and to urge its veto should it come to you
for signature. This measure would gut the Clty's ability to
regulate billboards. Regulation of outdoor advertisiiig
structures is a matter of particular local concern. Because the
considerations for regulation of billboards and other signs vary
from locality to locality, state preemption of local efforts to
regulate land use should be based solely on an overriding
statewide concern. There is no overriding statewide concern
which requires preemption 'of local regulation of outdoor advertising structures. The extent of regulation of this type of
land use is a matter for local elected officials to decide within the limits established by the constitution.
After the United States Supreme Court decision in the case of Metromedin Inc. v. City of San Diego, the Carlsbad City Council
reconsidered the City's sign ordinance? .
found:
C
They unanimously
.. " [Tlhat' continued strict enforcement'of the existing
.sign ordinance is necessary to protect the aesthetic quality of the city' and is part of the city's continued efforts to promote an attractive community. The City
Council recognizes that the U. 5. Supreme Court in the
established certain strict criteria to ensure that regulation of signs does not unreasonably restrict
first amendment freedoms. The City Council finds'that no areas of the city are compatible with billboard
, case of Metromedia Inc. v. City of San Diego has
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.. June 9, 1982 . .- ,Governor Brown -2-
. usage because of the scenic nature of the city an6 its major arterials including, but not limited to, Carlsbad
Boulevard, El Camino Real, Interstate 5, and Palomar
Airport Road and because Carlsbad's commercial and . industrial areas have been planned in such a manner
that visual aesthetics are a primary concern. Older areas of the city, particularly the downtown commercial and industrial areas, which at one time may have been
suitable for billboard uses are no longer suitable for that use because of the change the area is undergoing
upgrade these areas. The Council finds that regulation
of signs including on-site signs and billboards is necessary to ensure that the social and aesthetic
qualities-of-the city are maintained, to promote local business including tourism, and to enhance property
values throughout the city, The Council also finds
that prohibitions against off-site signs are necessary to prevent sign proliferation in the city. The Council further finds that regulations of signs both on and off-
site are necessary to ensure the safe use of city streets and sfdewalks and promote traffic' safety."
b and because of the continued efforts by the city to
Based.on that finding the COUhCil readopted the sign ordinance with certain amendments to ensure that sign owners were given a full and fair hearing before' having to remove non-conforming
signs.
Carlsbad is a scenic coastal community. The citizens of Carlsbad
want to protect its scenic beauty, All of the commercial and industrial areas in the city, and particularly those located
along scenic corridors, have been planned so that asthetics are
given a primary consideration. *Allowing billboards in these areas would destroy those efforts.
There are few things more important to local citizens than the the ability to determine how their co-mmunity looks. AB.1353 would remove that ability. To remove the local citizens ability to beautify their community is to.succumb to bleak materialism. -
The often quoted words of Ogden Nash sum up the damage that
billboards cause- to the visual aesthetics of a community:
"I think that-I shall never see
"A billboard lovely as a tree
"Indeed u.nless the billboards fall,
"I'll .never see a tree at all.''
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( Governor Brown . -3-. aune 9, 1982
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On behalf of the City of'carlsbad I urge the veto of AB 1353.
Very truly yours,
RONALD C. PACKARD Mayor
RCP : rme
cc: League of California Cities
Assemblyman Robert Frazee
Senator Willi.am Cr-aven
Frank Aleshire, City Manager
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1981-1982 REG. SESS. 375 . CHAPTER494 SEC. 1
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b. : .' .- .. .. ~ ... . s. . , ~ CHAPTER494 .. i.
... .. .. , . . ., . ;.. (Assembly Bill No. 1353) ,i! . '.;!.. ...
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An act to amend Section 5230 of, to add Sections 5412.1, 5412.2, 5412.3, and
5412.4 to, and to repeal and add Section 5412 of, the Business and Professions
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Code, relating to outdoor advertising. .. ..
[Approved by Governor July 1 I, 1982. Filed with Secretary of State. July 11, 1982.1 - ....... .. .. ... ........ ,. .. . LEGISLATIVE COUNSEL'S DIGEST ........ i ... . -.!, ..... ;.. .... .... .. AB 1353, Papan. Outdoor advertising.
(1) Existing law prohibits local governmental entities from compelling the re- moval of any advertising display which was lawfully erected and still in existence on
November 6, 1978, pursuant to the Outdoor Advertising Act or any statute,
ordinance, or regulation. The provision does not apply to displays which were erected pursuant to a written agreement with a governmental entity providing for
the removal of the displays after a fixed period of time. The provision remains in
effect until January 1, 1983, when it is repealed.
This bill would prohibit the compelled removal of any lawfully erected advertis-
ing display without payment of compensation to the owner of the advertising
display and the owner of the land upon which the display is located, except that
any city, county, or city and county could require the removal without compensa-
tion of advertising displays in residential and agricultural areas in accordance with
specified procedures. The prohibition against compelled removal without compensa-
tion would not apply to any judicial proceeding filed and served by any city, county, or city and county prior to January 1, 1982, but would apply in actions involving
advertising displays located within 660 feet from the right-of-way of an interstate or
primary highway or advertising displays beyond 660 feet from the right-of-way of
an interstate or primary highway.
(2) Article XI11 B of the California Constitution and Sections 2231 and 2234 of
the Revenue and Taxation Code require the state to reimburse local agencies and school districts for certain costs mandated by the state. Other provisions require the
Department of Finance to review statutes disclaiming these costs and provide, in
certain cases, for making claims to the.State Board of Control for reimbursement.
However, this bill would provide that no appropriation is made and no reim-
. ., , .'i I. ' ., -. . , bursement is required by this act for a specified reason.
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SECTION 1. The Legislature finds that it is in the public interest that consis- tent statewide standards be established for laws, ordinances, and regulations govern-
itlg the removal of lawfully erected outdoor advertising displays. This uniformity will eliminate the uncertainty concerning the validity of removal efforts by local entities, provide a mcchanisni for local entities to adopt effective removal and relocation programs. establish standards which will allow private owners to operate
without the imposition of diKcrcnt removal requirements in each jurisdiction, and
will eliriiinate the niultitude of expensive and time-consuming lawsuits burdening local entities, display and property owners, and the judicial system.
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The people of the State of California do enact as follows:
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CHAPTER 494 SEC. 1
376 CALIF. STATS. 1982
In order to study and develop statewide standards, the Governor’s Outdoor
Advertising Committee was established and, after extensive study, recommended the
statutory amendments contained in this act.
SEC. 2. Section 5230 of the Business and Professions Code is amellded to read:
$5230. The governing body of any city, county, or city and county may enact
ordinances, including, but not limited to, land use or zoning ordinances. imposing
restrictions on advertising displays adjacent to any street, road, or highway equal to or greater than those imposed by this chapter, if Section 5412 is complied with.
SEC. 3. Section 5412 of the Business and Professions Code is repealed.
SEC. 4. Section 5412 is added to the Business and Professions Code, to read:
$ 5412. Notwithstanding any other provision of this chapter, no advertising
display which was lawfully erected anywhere within this state shall be compelled to
be removed, nor shall its customary maintenance or use be limited, whether or not
the removal or limitation is pursuant to or because of this chapter or any other law,
ordinance, or regulation of any governmental entity, without payment of compensa-
tion, as defined in the Eminent Domain Law (Title 7 (commencing with Section
1230.010) of Part 3 of the Code of Civil Procedure), except as provided in Sections
5412.1, 5412.2, and 5412.3. The compensation shall be paid to the owner or owners
of the advertising display and the owner or owners of the land upon which the
display is located.
This section applies to all displays which were lawfully erected in compliance
with state laws and local ordinances in effect when the displays were erected if the
displays were in existence on November 6, 1978, or lawfully erected after November
6, 1978, regardless of whether the displays have become nonconforming or have
been provided an amortization period. This section does not apply to on-premise
displays as specified in Section 5272 or to displays which are relocated by mutual agreement between the display owner and the local entity.
“Relocation,” as used in this section, includes removal of a display and construc-
tion of a new display to substitute for the display removed.
It is a policy of this state to encourage local entities and display owners to enter into relocation agreements which allow local entities to continue development in a
planned manner without expenditure of public funds while allowing the continued
maintenance of private investment and a medium of public communication. Cities,
counties, cities and counties, and all other local entities are specifically empowered
to enter into relocation agreements on whatever terms are agreeable to the display
owner and the city, county, city and county, or other local entity.
SEC. 5. Section 5412.1 is added to the Business and Professions Code, to read:
5 5412.1. A city, county, or city and county, whose ordinances or regulations are
otherwise in full compliance with Section 5412, is not in violation of that section if
the entity elects to require the removal without compensation of any display which meets all the following requirements:
‘(a) The display is located within an area shown as residential on a local general
plan as of either the date an ordinance or regulation is enacted or becomes applicable to the area which incorporates the provisions of this section.
(b) The display is located within an area zoned for residential use either on the
date on which the removal requirement is adopted or becomes applicable to the area. ,
(c) The display is not located within 660 feet from the edge of the right-of-way of an interstate or primary highway with its copy visible from the highway, nor is
placed or maintained beyond 660 feet from the edge of the right-of-way of an
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1981-1982 REG. SESS. 377 ' CHAPTER 494 SEC. 6
interstate or primary highway with the purpose of its message being read from the
main traveled way.
(d) The display is not required to be removed because of an overlay zone,
combining zone, or any other special zoning district whose primary purpose is the
removal or control of signs.
(e) The display is allowed to remain in existence for the period of time set forth be1-w after the enactment or amendment after January 1, 1983, of any ordinance or
regulation necessary to bring the entity requiring removal into compliance with
Section 5412, and after giving notice of the removal requirement:
Fair Market Value on Date of Notice Minimum Years of Removal Requirement __ i , , ,. Allowed
Under $1,999 ................................ ;:., .... 2 .
$2,000 to $3,999 .................................... ; .. ,3 ... .. $4,000 to $5,999 ....................... ;. ............... 4 _. . .................................. ?I , 5 $6,000 to $7,999 ... .. .I $8,000 to $9,999 6
$10,OOO and over .................................. .. 7 .
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The amounts provided in this section shall be adjusted each January 1 after
January 1, 1983, in accordance with the changes in building costs, as indicated in
the United States Department of Commerce Composite Cost Index for Construction
costs. '
SEC. 6.
45412.2. A city or city and county, whose ordinances or regulations are
otherwise in full compliance with Section 5412, is not in violation of that section if
the entity elects to require the removal without compensation of any display which
meets all the following requirements:
(a) The display is located within an incorporated area shown as agricultural on'a
local general plan as of either the date an ordinance or regulation is enacted or
becomes applicable to the area which incorporates the provisions of this section.
(b) The display is located within an area zoned for agricultural use either on the
date on which the removal requirement is adopted or becomes applicable to the area.
(c) The display is not located within 660 feet from the edge of the right-of-way of
an interstate or primary highway with its copy visible from the highway, nor is
placed or maintained beyond 660 feet from the edge of the right-of-way of an
interstate or primary highway with the purpose of its message being read from the
main traveled way.
(d) The display is not required to be removed because of an overlay zone, combining zone, or any other special zoning district whose primary purpose is the removal or control of signs.
(e) The display is allowed to remain in existence for the period of time set forth below after the enactment or amendment after January I, 1983, of any ordinance or regulation necessary to bring the entity requiring removal into compliance with
Section 5412, and after giving notice of the removal requirement:
Section 5412.2 is added to the Business and' Professions Code, to read:
...... Minimum Years
1. . :: . .Allowed .2 . . Under $1,999 ...................... :. .......... .PV.'. : ..
Fair Market Value on D3te of Notice
, .. ' of Removal Requirement .
$2,000 to $3,999 .................... .; ..... ; ............ 3.: ..
$4,WOt0$5,999 ................ I,. .................... i4 . : i: $6,000 to $7,999 ............... i.. ....... .:; .......... .! 1- .1,.i*.5 .. ,;i
$IO,OOO and over ................................ 7.
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... ...... $8,000 to $9,999 ........... l.. ................... ... -!..,: 6-,* ': '.i
CHAPTER 494 SEC. 6 378 CALIF. STATS. 1982
The amounts provided in this section shall be adjusted each January 1 after
January 1, 1983, in accordance with the changes in building costs as indicated in
the United States Department of Commerce Composite Cost Index for Construction
costs. 1.
. SEC. 7. Section 5412.3 is added to the Business and Professions Code, to read:
Q 5412.3. A county whose ordinances or regulations are otherwise in full compli-
ance with Section 5412, is not in violation of that section if the county elects to require the removal without compensation of any display which meets all the
following requirements:
(a) The display is located within an unincorporated area shown as agricultural on
a local general plan as of either the date an ordinance or regulation is enacted or
becomes applicable to the area which incorporates the provisions of this section.
(b) The display is located within an area zoned for agricultural use either on the
date on which the removal requirement is adopted or becomes applicable to the
area.
(c) The display is not located within 660 feet from the edge of the right-of-way of an interstate or primary highway with its copy visible from the highway, nor is
placed or maintained beyond 660 feet from the edge of the right-of-way of an
interstate or primary highway with the purpose of its message being read from the
main traveled way.
(d) The display is not required to be removed because of an overlay zone,
combining zone, or any other special zoning district whose primary purpose is the
removal or control of signs.
(e) The display is allowed to remain in existence for the period of time set forth
below after the adoption or amendment after January 1, 1983, of any ordinance or
regulation necessary to bring the entity requiring removal into compliance with
Section 5412, and after giving notice of the removal requirement:
Fair Market Value on Date of Notice Minimum Years
of Removal Requirement I a . Allowed ................................ Under $1,999 3.0
$2,000 to $3,999 ................................ 4.5
. $4,000 to $5,999 ................................. 6.0 .
$6,000 to $7,999 .......................... .: 7.5 -
$8,000 to $9,999 ................................. .& 9.0 $lO,OOO and over ................................ 10.5
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The amounts provided in this section shall be adjusted each January 1 after January 1, 1983, in accordance with the changes in building costs, as indicated in
the United States Department of Commerce Composite Cost Index for Construction
Costs.
SEC. 8.
4 5412.4. Section 5412 shall not be applied in any judicial proceeding which was filed and served by any city, county, or city and county prior to January 1, 1982, except that Section 5412 shall be applied in litigation to prohibit the removal
without compensation of any advertising display located within 660 feet from the
edge of the right-of-way of an interstate or primary highway with its copy visible
from the highway, or any advertising display placed or maintained beyond 660 feet
from the edge of the right-of-way of an interstate or primary highway that is placed with the purpose of its message being read from the main traveled way of the highway.
Section 5412.4 is added to the Bus’iness and Professions Code, to read:
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.. 1981-1982 REG. SESS. CHAPTER 494
changes the penalty for a crime or in ’ EXPLANATORY NOTES:
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FEBRUARY 1, 1983
TO: CITY ATTORNEY
FROM: Director, Building and Planning
The following is a cost estimate of two billboard signs located at the northerly
end of Lanikai Lane Mobilehome Park, 6550 Ponto Drive:
These estimates were prepared using current data provided by appropriate sign
contractors. The value is based on a new installation of similar signs.
The installation/rernoval costs are virtually the same and should be deducted
from value if the city is responsible for costs incurred in the removal of same.
COST ESTIMATE FOR DOUBLE FACE BILLBOARD
4 poles 4" x 12" x 25' at $1.60 per foot = $1 60.00
400 lineal feet 2" x 4" wood at 0.256 per foot = 100.00
12 sheets of masonite at $9.90 per sheet = 118.80
Two man erection crew at $32.00 per hour per man = 512.00
4 wood poles = $ 160.00 100.00 118.00 2" x 4" wood Masoni te -
512.00 8 hours labor -
Double face paint or silk paper = 1,600.00
$2,490.00
- - - -
$2,490.00 plus 20 percent =
TOTAL $2,988.00
Page 2, 1983
February 1, 1983
SINGLE FACE BILLBOARD SIGN / COST ESTIMATE
Materia 1 :
2 steel I beams, 6" x 14" x 25' length
15 lbs. per foot at 0.42 $ per lb. = $1,155.00
7 4'' x 6" x 25' roughsawn wood beams
175 lineal feet at 0.80 $ per foot = $ 140.00
6 sheets of masonite at $9.90 per sheet = $ 59-40
One hoist crane at $150.00/per hour setup 2 hour minimum = $300.00
One operator at $65.00 per hour 2 hour minimum = $130.00
Two man erection crew at $32.00 per hour each
16 hour labor = $1,024.00
Painting or silk paper advertising = $800.00
Labor = $1,024.00 Crane setup = 300.00 Operator = 130.00 Painting - Si1 k Paper = 800.00 Material = 1,354.00
$3,608.00 plus 20 percent =
TOTAL $4,329.00
MA YAK
M0:gl
cc: ACM/DS LUP/Manager