Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The
applicant shall, in accordance with the Act:
(1) Accurately complete and sign the Outdoor
Advertising Structure Permit/Application, Form ODA-0002 (Rev. 11/98).
(2) Submit the completed application and fees
to the Department at the address specified on the application.
(3) Place and maintain an Imprint at the
proposed Display location.
(4)
Provide written evidence that the owner or other person in control or
possession of the property and the city and county with land use jurisdiction
over the property have consented to the placing of the advertising display.
Evidence of property owner consent shall be a form of a copy of a lease,
license or other land use agreement or another form of written acknowledgement
from the owner that such consent has been given. The economic terms of any such
agreement need not be included. The consent of the city or county shall be
demonstrated by producing a copy of the applicable building or sign permit, or
other official act of the city and county used in that jurisdiction to
authorize construction, or to demonstrate that the city or county requires no
specific consent to construct an advertising display.
(5) Correct any application deficiencies,
pursuant to notification as required by (b)(3) within 30 days. The applicant
may request an extension of the 30-day time period. The request must be in
writing.
(b) The
Department shall, in accordance with the Act:
(1) Date and time stamp the application on
the date and in the order received by the Office of Outdoor
Advertising.
(2) Review the
application on the basis of its qualifications as of the date received (For
example, the required business activity and zoning must exist on the date the
application is received). The application is processed in accordance with the
following subsections (A) through (G).
(A)
First priority is given to renewing a permit for a legal Display (constructed
or not constructed).
(B) An
application for a legally placed Display that did not previously require a
permit is processed before an application for a new Display.
(C) An application to place a new Display
along an existing highway is processed in the order received.
(D) An application for placing a new Display
along an existing highway where the copy will be visible from a new alignment
of an interstate or a primary highway and the location is nonconforming to the
new alignment is not accepted after Certificate of Sufficiency is
executed.
(E) An application for
placing a new Display along a new alignment of an interstate or primary highway
is accepted on or after the date the highway project is Accepted.
(F) An application to relocate an existing
permitted Display to accommodate widening or extensive modification of an
interstate or a primary highway is processed before an application to place a
new Display.
(G) An application for
a new Display received after a Certificate of Sufficiency is executed for
widening or extensive modification of an interstate or a primary highway is not
processed until the orderly relocation of an existing Display is completed, as
coordinated by the Department. The Department issues a notice to the applicant
when processing is delayed for this reason. The processing time begins after
the orderly relocation of an existing Display is completed.
(3) Provide a written 30-day deficiency
notice to the applicant when it is determined there is a deficiency, such as
the Imprint is missing or information on the application is missing, is in
error, or conflicts with findings. Failure to correct the deficiency within the
time allowed results in denial of the application.
(4) Provide a final decision issuing a legal
permit or denying permit issuance identifying the noncompliance with law. The
permit or denial notice is issued within 60 days from the date the application
is received, excluding the time periods for which notices were issued under
subsection (b)(3).
(5) Reserve a
location for ninety (90) days in accordance with Section
5354(b) and (c) of
the act, if a written request from the city or county with land use
jurisdiction over the proposed location is received in lieu of a building or
sign permit, properly acknowledged by the City Council or Board of Supervisors
or their official designee. The description of the proposed location in the
city or county's notice shall be consistent with the location requested on the
permit application. If a city or county requests an additional thirty (30) day
hold on a location in accordance with section
5354(c), in
addition to the requirements for an initial 90 day hold specified above, the
city and county must detail the extenuating circumstances meriting an
additional 30 days. Examples of such extenuating circumstances include, but are
not limited to, an inability to properly notice a necessary hearing within the
initial 90 days, the unavailability of a necessary witness or property owner,
the discovery of newly found evidence or facts, or the late objection of an
affected property owner.
(c) An Application whose permit application
is denied may appeal that determination in accordance with the provisions of
Section 2241(b) of these
Regulations. Until such appeal is finally determined, no permit shall be issued
to any other applicant that would affect the legality of a denied permit
application until completion of the appeal.
1. New section
filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
2. New
subsection (a)(4), subsection renumbering, amendment of subsections (b)(2)(D)
and (b)(2)(G) and new subsections (b)(5)-(c) filed 11-23-2004; operative
12-23-2004 (Register 2004, No. 48).
Note: Authority cited: Sections
5250
and
5415,
Business and Professions Code. Reference: Sections
5252
and
5350-
5358,
Business and Professions Code; and Section
15376,
Government Code.