Agenda - Planning Commission - 08/02/2018

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June 15, 2018 I Volume 12 I Issue 12 Zoning Bulletin County (the "County"). With a permit issued by the County, the billboard had been erected in 1967 by Lamar's predecessor. Lamar later acquired ownership of the billboard. In 1995, the County adopted an ordinance banning billboards in the area where Lamar's billboard was located. Under that ordinance, Lamar's billboard become a "non -conforming" structure with a five- year amortization period after which Lamar had to either remove the billboard or secure a permit from the County allowing the billboard to remain. The five-year amortization period passed, and Lamar neither removed the billboard or secured a permit for the billboard. The County did not seek to remove the billboard. In November 2008, a windstorm blew over the billboard and one of its support poles to which an electrical box was attached. Lamar subsequently installed a new and smaller advertising face, new lateral supports, a new electrical box and wiring, and a new catwalk. In April 2009, the County Department of Regional Planning (the "Department") issued a notice of violation to the owner of the property on which Lamar's billboard was located. The notice stated that the billboard was in violation of local zoning ordinances. In June 2009, the Department ordered the removal of the billboard. Lamar appealed the Department's order. It argued that it was entitled to rebuild the billboard under California statutory law. California's Outdoor Advertising Act (the "OAA") (Bus. & Prof. Code, § 5200 et seq.) regulates advertising displays (i.e., billboards) adjacent to inter- state or primary highways in California. Section 5230 of the OAA authorizes local agencies to impose restrictions on billboards that are equal to or greater than those imposed by the State Act if imposed in compliance with section 5412. Section 5412 provides that, "no advertising display which was lawfully erected anywhere within this state shall be compelled to be removed, nor shall its customary mainte- nance or use be limited .. . without payment of compensation .. .." Thus, under section 5412, once a billboard is erected, the owner may undertake "customary maintenance" without interference from local authorities unless the owner is compensated for any loss. "Customary maintenance" is defined in Regulation 2270 as "any activity performed" on an advertising display "for the purpose of actively maintaining the Display in its existing approved physical configuration and size dimen- sions at the specific location" approved on the CalTrans permit. Lamar maintained that its reconstruction of the billboard was "cus- tomary maintenance" under OAA section 2270, and therefore OAA section 5412 prohibited the County from regulating the rebuilding of its billboard without compensation. In other words, Lamar argued that section 5412 prohibited the County from "limiting" the repairs to its billboard through the permitting process. 6 © 2018 Thomson Reuters