California SB 1228

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 exempts from most of its provisions an advertising display used exclusively to advertise products, goods, or services that are either sold on the premises of an arena or marketed or promoted on the premises of an arena if, among other conditions, the advertising display has been authorized, as of January 1, 2021, by, or in accordance with, a local ordinance, including, but not limited to, a specific plan or sign district adopted in connection with the approval of the arena, as provided. The act requires an advertising display that is located on the premises of an arena and that was erected pursuant to the exemption also to be authorized by, or in accordance with, an ordinance, including, but not limited to, a specific plan or sign district, as provided. This bill would, on and after January 1, 2028, similarly exempt from most provisions of the act an advertising display used exclusively to advertise products, goods, or services that are either sold on the premises of an arena or marketed or promoted on the premises of the arena if, among other conditions, the advertising display has been authorized, as of January 1, 2032, by, or in accordance with a local ordinance or other discretionary approval, including, but not limited to, a specific plan or sign district that benefits the arena, as specified. The bill would define "premises of an arena" to include a public assembly building owned by the City of Los Angeles, as specified. The bill would require, before one of these advertising displays may be placed, a determination from the department or the Federal Highway Administration that the display will not cause a reduction in federal aid funds or otherwise be inconsistent with federal law, federal regulations, or an agreement between the state and a federal agency or department, as specified. This bill would limit both of these exemptions to an arena that is fully constructed or under construction on or before January 1, 2027. The bill would instead require an advertising display that is located on the premises of an arena and that was erected pursuant to either of these exemptions to be authorized by an ordinance or other discretionary approval, including, but not limited to, a specific plan, sign district, or conditional use permit, as specified. The bill would prohibit an arena from having more than a total of 2 advertising displays pursuant to these exemptions. Except for advertising displays authorized by the existing exemption, the bill would require certain advertising displays placed pursuant to the new exemption for one arena to be located at least 5,000 feet from an advertising display authorized pursuant to an exemption for another arena. The act also regulates placement of advertising displays adjacent to and within specified distances of highways that are part of the national system of interstate and defense highways and federal aid highways. The act prohibits, except as provided, placing or maintaining an advertising display on property adjacent to a portion of a freeway that has a specified coverage area of landscaping or trees at the same or elevated grade of the main-traveled way, as provided. The act does not prohibit a city, county, or city and county from designating the districts or zones in which an advertising display may be placed or prohibited as part of a land use or zoning ordinance. The act also does not prohibit a local governmental entity from entering into an agreement to relocate an advertising display for any purpose. This bill would exempt certain advertising displays developed within the boundary limits of, and as part of, an individual redevelopment agency project from the prohibition on placing or maintaining an advertising display on property adjacent to a portion of a freeway that has landscaping or trees, from a city's, county's, or city and county's land use or zoning ordinance, and from a local governmental entity's relocation agreement, as those are described above. The bill would require an advertising display subject to this exemption to remain in substantially the same location and configuration as it existed on December 31, 2025, and would prohibit the advertising display from being expanded, relocated, increased in height or display area, or modified to add additional display faces beyond those existing on December 31, 2025. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles. This bill would incorporate additional changes to Section 5272 of the Business and Professions Code proposed by AB 2717 to be operative only if this bill and AB 2717 are enacted and this bill is enacted last.