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Resolution No. 2008-14 Authorizing City Staff and its Legisl
v Council/Agency Meeting Held: a= 21.wot Deferred/Continued to: App ved ❑ Conditionally Approved ❑ Denied Cit rk's Ignatur —O Council Meeting Date: 2/19/2008 Department ID Number: ED 08-08 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATOR PREPARED BY: STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC DEV LOPMENT �� SUBJECT: SUPPORT THE INTRODUCTION OF SPECIAL LEGISLATION PERTAINING TO ADVERTISING CONTENT ON THE EXISTING FREEWAY READER BOARD SIGN F atement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The City has received notification from the Outdoor Advertising Division of the California Department of Transportation (CalTrans) that the existing freeway reader board sign, located south of the 405 Freeway and west of Beach Boulevard along Center Avenue, is not in compliance with Caltrans requirements that limit advertising on the sign to businesses within the redevelopment project area. Funding Source: Not applicable. Recommended Action: Motion to: Approve Resolution No. 2008-14 authorizing City staff and its legislative lobbyist to pursue legislation pertaining to advertising content on the existing freeway readerboard sign. Alternative Action(s): The City Council may make the following alternative motion: Do not approve Resolution No. 2008-14 and direct staff accordingly. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 2/19/2008 DEPARTMENT ID NUMBER: ED 08-08 Analysis: The City of Huntington Beach has been notified by the CalTrans' Outdoor Advertising Division that an existing reader board sign located on City-owned property adjacent to the 405 freeway is in violation of CalTrans' permitting requirements. More specifically, all advertising on the sign is limited to businesses within the redevelopment project area under the current outdoor advertising requirements for redevelopment sign permits. The City of Huntington Beach currently leases the subject parcel to the City's Redevelopment Agency, who in turn subleases the parcel to the Huntington Beach Auto Dealers Association (Association). The parcel is located within the Huntington Center Redevelopment sub-area. The current agreements between the City, Redevelopment Agency, and the Association require the Association to comply with all CalTrans' permit requirements in its operation and maintenance of the electronic reader board, while the City maintains the surrounding landscaping. Since the permit was originally issued in 1992, the reader board sign has been advertising the automobile dealerships along the Beach Boulevard of Cars. These dealerships are not within a redevelopment project area. Rather, the Association maintains an office within the Huntington Center Redevelopment Project Area as required under a Disposition and Development Agreement between the Redevelopment agency and Auto Dealers Association. Since 1992, advertising of the auto dealerships along Beach Boulevard has been permitted. Caltrans has only recently informed the City that individual dealerships could not advertise their businesses on the sign due to their location outside the boundaries of the redevelopment project area. Since the City's receipt of this notice, Caltrans has been cooperative with the City by suspending a Notice of Violation until a workable solution could be reached. Caltrans has identified two options to correct the Notice of Violation. The first is expanding the redevelopment project area to include all of the automobile dealerships along Beach Boulevard. This is not a feasible solution given the fact that in order to include these areas into the merged project area, the City would have to justify that there exists both physical and economic blight on these properties. This process could take as long as 18 to 24 months and is not a feasible solution considering the time and expense involved. The second option is the introduction of special legislation in the State Legislature that would exempt Huntington Beach from the advertising limitations imposed by Caltrans. This type of legislation has also been successfully enacted by several other cities in both Orange County and Los Angeles County including the cities of Costa Mesa, Buena Park, and Commerce. The City of Costa Mesa has enacted legislation that excludes their City from the advertising limitations in the outdoor advertising sign code provided that the following conditions are met: (1) No other display is used by the City pursuant to Section 5442.8 of the government code. (2) The governing body of the City has authorized placement of the display by an ordinance or resolution adopted following a duly noticed public hearing regarding the display. (3) Placement of the display will not necessitate the immediate trimming, pruning, topping, or removal of existing trees in order to make the display visible or to improve its visibility, unless done as part of the normal landscape maintenance activities that would have been undertaken without regard to the placement of the display. (4) The display does not cause a reduction in federal highway funds, as provided in Section 131 of Title 23 of the United States Code. -2- 2/11/2008 1:29 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 2/19/2008 DEPARTMENT ID NUMBER: ED 08-08 Staff recommends that similar legislation be pursued by the City based on the fact that the subject sign is critical to Association members, as none of the automobile dealerships on Beach Boulevard are visible from the 405 freeway, and these businesses rely heavily on the readerboard sign as their primary form of advertising. Huntington Beach automobile dealers are at a disadvantage based on their distance from the freeway and the fact that they are not within an "Auto Square". In addition, the special legislation may permit the City to advertise other goods and services that are not specifically located within the redevelopment project area, which benefits the economic viability of businesses in our community. Strategic Plan: C-2: Provide quality public services with the highest professional standards to meet community expectations and needs, assuring that the City is sufficiently staffed and equipped overall. Environmental Status: Not applicable. Attachment(s): Ch Clerk-It o - Numbey No. Dascription 1. Resolution No. 2008-14 2. Memo to the Intergovernmental Relation Committee dated January 29, 2008 3. SB 1411 (Johnson) Highways: Outdoor Advertising 4. California Business & Profession Code 5440 -3- 2/11/2008 1:29 PM ATTACHMENT # 1 RESOLUTION NO. 2008-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING SPECIAL LEGISLATION PERTAINING TO ADVERTISING CONTENT ON THE EXISTING FREEWAY READERBOARD SIGN WHEREAS, the City of Huntington Beach is the owner of a long, narrow, irregularly- shaped parcel containing approximately 5,200 square feet located west of Beach Boulevard, along, Center Avenue, and south of and contiguous to the line of the Edison right-of-way adjacent to the San Diego Freeway("Site"). The City has previously entered into a lease agreement with the Redevelopment Agency of the City of Huntington Beach and the Redevelopment Agency has in turn leased the Site to the Huntington Beach Auto Dealers Association for the purposes of the erection of an electronic readerboard sign. The City has recently been notified by the California Department of Transportation (CalTrans) that the existing readerboard sign is not in compliance with CalTran's requirements regarding advertising on readerboard signs adjacent to the San Diego Freeway to businesses within a Redevelopment Project Area. The City Council now desires to pursue the adoption of legislation that would authorize the continued use of the Site for the existing readerboard sign by the Auto Dealers Association and other businesses located within the City of Huntington Beach. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. The City Council hereby directs staff and the City's legislative lobbyist to pursue legislation pertaining to advertising content on the existing readerboard sign. 1 08-1472/18847 Resolution No. 2008-14 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of February 20 08 xwj44,- '10-111 Mayor 7REVIE E ND PROVED: PROVED AS TO FO RM:: City Adnjostrator 4AWttorn 2 �z- bg INITIATED AND APPROVED: Ot Director of Ec, omic Development 2 08-1472/18847 Res. No. 2008-14 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on February 19, 2008 by the following vote: AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, Carchio NOES: None ABSENT: None ABSTAIN: None 4") CV Clerk and ex-offici Jerk of the City Council of the City of Huntington Beach, California ATTACHMENT #2 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION �.'• Economic Development Department TO: Intergovernmental Relations Committee Members FROM: Stanley Smalewitz, Director of Economic Developmen& DATE: January 29, 2008 SUBJECT: AUTO DEALERS ASSOCIATION ELECTRONIC READERBOARD SIGN PERMIT The purpose of this memo is to recommend that the Intergovernmental Relations Committee make a motion to the City Council for special legislation regarding the Auto Dealer's Association readerboard sign located along Center Avenue, south of the 405 freeway. The City has been notified by the Outdoor Advertising Division of CalTrans that the existing sign is in violation of permitting requirements. More specifically; the current CalTrans requirements for a redevelopment permit limit all advertising on the sign to be limited to businesses within the redevelopment project area. Since the permit was originally issued in 1992, the readerboard sign has been advertising all of the dealerships along the Beach Boulevard of Cars. These dealerships are not within a redevelopment project area. Caltrans has been cooperative with the City by suspending the Notice of Violation until a workable solution is reached. They have identified two options in correcting the notice of violation. The first is expanding the redevelopment project area to include all of the dealerships along Beach Boulevard. This is not a feasible solution given the fact that in order to include these areas into the merged project area, the City would have to justify that there exists both physical and economic blight on these properties. This process could take as long as 18 to 24 months and is not a feasible solution considering the time and expense involved. The second option is introducing special legislation to the State that would exempt Huntington Beach from the advertising limitations on the readerboard sign. This type of legislation has also been enacted by several other cities in both Orange County and Los Angeles County including the cities of Costa Mesa, Buena Park, and Commerce. The following timeline provides an account of the efforts of the City staff in working with CalTrans on this issue: ® On May 3, 2007, staff requested assistance from Cal Trans regarding extending the original permit for the sign (Permit#39771). • On May 10, 2007, staff received an e-mail from Kenneth Parmelee (CalTrans) indicating that the permit had been cancelled and that the next step would be applying for a redevelopment permit. Staff was told that they would be contacted by Gerda Holstrom who would provide information on the next steps in the permitting process. ■ On June 18, 2007, we received a response from Gerda Holstrom in the form of a Notice of Violation (Violation #V12-0008) indicating that the existing sign does not have a permit. ■ On June 22, 2007, staff submitted an application for a redevelopment permit based on direction given from Kenneth Parmelee (CalTrans). • On July 6, 2007, we requested an appeal to the Notice of Violation. ■ On August 2, 2007, staff met with CalTrans staff to discuss the Notice of Violation and alternatives for correcting the violation. Declassification of the subject site was identified as a possible option for resolving this issue. ■ On August 3, 2007, staff sent an e-mail to Monica Wilson (CalTrans) to request a permit for the sign based on the operation of an on-site internet sales office within the Redevelopment Project area in an effort to resolve the issue. This option was discussed at the Aug. 2 meeting and this e-mail requested a response to this option in addressing the Notice of Violation. ■ On August 23, 2007, staff sent a request letter to Keith Robinson to declassify the property under the sign as a CalTrans Landscape corridor. This an option provided to city staff by Monica Wilson which at the meeting with CalTrans staff held on August 2, 2007. Declassifying the property would no longer subject the sign to the strict advertising requirements of a redevelopment sign permit. ■ On October 8, 2007, a follow-up e-mail was sent to Monica Wilson requesting a response to our e-mail request dated August 3, 2008. • On October 9, 2007, staff received an e-mail response from Gerda Holmstrom apologizing for the delay and indicating that a formal response would be forthcoming within the next two weeks. ■ On October 12, 2007, staff received a letter from Keith Robinson in response to our request for declassification on August 23, 2007. The request was denied on the basis that the property is fully landscaped and therefore should retain its "Landscaped Freeway" designation. • On November 2, 2007, staff received a response from James Arbis (CalTrans — replaced Monica Wilson as Chief of Outdoor Advertising) to the original August 3, 2007 e-mail. He indicated that he is discussing the matter with his legal department and will provide an update shortly. ■ On January 14, 2008, staff participated in a conference call with James Arbis who identified the two options identified in this memo for legalizing the readerboard sign. He indicated that CalTrans would support special legislation for the readerboard sign, given the circumstances related to the original permitting of the sign and distance of the dealerships from the freeway. He also indicated that the Notice of Violation would be suspended until a workable solution was found to permit the sign. Attached to this memo are all of the correspondence between Cal Trans and the City regarding the sign permit issue. Please contact Paul Da Veiga @ x5544 with any questions. STATE OF CALIFORNIA—BUSINESS,TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER,Govemor DEPARTMENT OF TRANSPORTATION DIVISION OF TRAFFIC OPERATIONS 1120N STREET,1`1S 36 P.O.BOX 942873 r / Ri SACRi�n�41:�.i,..Ct, ,,C:�. 14273-0001. PHONL 916`654-6473 Flex your power! ( 1 �' Se energy efficient. FAX (916)651-9359 NOVwwAot.ca.gos;acu tV — 7 2007 DEPARTMENT OF November 2, 2007 DEVEl-OPIP44E N Ti Mr. Paul TJa Veiga City o3 Muntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: City of Huntington Beach—Redevelopment Electronic Message Center Display Dear Mr. Paul Da Veiga, My name is James Arbis and I am responding to your inquiries regarding the Huntington Beach Message Center Display. Thank you for your correspondence regarding Notice of Violation No. V 12-0008 dated June 15, 2007 sent to the City of Huntington Beach. I understand that you have met with Monica Wilson-Pough and some of her staff members in the past regarding this issue. Recently, Mrs. Wilson-Pough has departed from the state Outdoor Advertis ,r` Program and I am currently acting in this capacity. With this said, the program continues to be in contact with our legal division concerning the suggestions you have proposed to correct the violation. I truly apologize for our delay in responding to your concerns and I respectfully ask for your patience regarding resolution to this matter. The program is in receipt of your request for an appeal to be heard by the Office of Administrative Hearing, however a date and time has not yet been scheduled. Nonetheless, it is, my desire to continue our correspondence and hopefully we can resolve the issues prior to an; appeal hearing. Please feel free to contact me at (916) 654-6413 or Gerda Holmstrom at (619) 688-3282. Again, thank you for your patience and I will be in contact with you in the very near future. Sincerely, JAM AR BIS, Chief oor Advertising Program "Caltrans improves mobility across California" STATE OF CALIFORNIA—BUSINFS&TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER,Govemor " DEPARTMENT OF TRANSPORTATION DESIGN PROGRAM 1120 N STREET '01 P.O.BOX 942873 SACRAMENTO,CA 94273-0001 OCT 1 8 2007 Flexyourpower! PHONE (916)654-6200 Be energy efficient! FAX (916)654-3770 TTY(916)654-4086 DEPARTMENT OF E!_",ONKWO, f-JENVE1-OPMENT October 12, 2007 Paul Da Veiga ' Economic Development Project Manager City of Huntington Beach ^� 2000 Main Street Huntington Beach, CA 92648 Dear Mr. Da Veiga: This letter is in response to your August 23, 2007, letter requesting declassification of the "Landscaped Freeway" designation along Route 405 at post mile 16.64, in Orange County, at your existing display north of Beach Boulevard. A licensed landscape architect from my office had an initial telephone discussion with you on September 12, 2007, and then physically inspected the area on October 10, 2007. The planting within the Route 405 right-of-way adjacent to your display meets the criteria in the Outdoor Advertising Regulations and I am required to retain the "Landscaped Freeway" designation. The State right-of-way adjacent to, and in the vicinity of, your display is fully landscaped on both sides of the freeway. The planting includes ice plant, palms, pines, floss silk trees, brisbane box trees, African tulip trees, and tipu trees. It is irrigated with an automatic irrigation system. If you have any questions, you-inaycontaet Dale Wit-hams of my office at-(916)-654- 6025. Sincerely, KEITH ROBINSON, Principal Landscape Architecture Program -Co Itrans improves mobility across California" DaVei a, Paul From: Gerda Holmstrom [gerda_holmstrom@dot.ca.gov] Sent: Tuesday, October 09, 2007 10:26 AM To: Monica Wilson Cc: James Arbis; Jerry Champa; Fritzal, Kellee; DaVeiga, Paul; Smalewitz, Stanley Subject: Huntington Beach reply Hello Sorry delay in responding to your last email and phone call . I want to follow up with my _ - ail message that I left for you. As you know, Monica Wilson is with another progr_. longer with Outdoor Advertising _ We are trying to fill in as best as possi; _he next manager of the program is hired. We did have a meeting with our legal rtly after your email was received and discussed the different options you have i _ _ -ader board. A letter was supposed to be sent to you after that meeting but did nc-, We will resurrect those options and send you a letter and email within the n_ Thank for your patience during this transition period. Please feel free to contact any time. Gerda Outdoor /'- _ --sing Program 619-688- mica vlison/HQ/Caltran iCAGov To "DaVeiga, Paul" v/08/2007 04 :38 <PDaVeiga@surfcity-hb.org> PM cc "Smalewitz, Stanley" <SSmalewitz@surfcity-hb.org>, "Fritzal, Kellee" <KFritzal@surfcity-hb.org>, "Gerda Holmstrom" i <gerda holmstrom@dot .ca.gov>, "James Arbis" <james arbis@dot.ca.gov>, "Jerry Champa" <jerry_champa@dot.ca.gov> Subject Re: Follow Up(Document link: Gerda Holmstrom) I tried ca' ?. r,g you back that day but I continued to get a busy signal, I wanted to inform you that 1 longer work in the ODA Program. I spoke with Gerda Holmstrom and James Arbis of the program and informed them that you were attempting to make contact with the program. 1 '-.ought they had already returned your call . I will fwd this message to both Gerda and jz.zses who will return your call tomorrow. 1 Page 1 of 1 DaVeiga, Paul From: Keith Robinson [keith_robinson@dot.ca.gov] Sent: Monday, October 08, 2007 2:38 PM To: DaVeiga, Paul Cc: Smalewitz, Stanley; Fritzal, Kellee Subject: Re: City of Huntington Beach - Readerboard Sign Good afternoon Paul Have you spoken to Dale Williams of mgt office?I thought you two had discussed your request. I will talk to Dale tomorrow and get back to you. -------------------------- Sent from my B1ackBerry Wireless Handheld(www.BlackBeny.net) -----Original Message----- From: "DaVeiga,Paul" [PDaVeiga@surfcity-hb.org] Sent: 10/08/2007 02:36 PM To:Keith Robinson Cc: "Smalewitz,Stanley"<SSmalewitz@surfcity-hb.org>; "Fritzal, Kellee" <KFritzal@surfcity-hb.org> Subject: City of Huntington Beach-Readerboard Sign Hello Keith, am following up on correspondence that was sent to your office on August 23, 2007. We have yet to receive a response from your office regarding the request to declassify the portion of land that contains our existing readerboard sign from the CALTRANS landscape corridor. 1 have attached a copy of the letter for your reference. We are anxiously awaiting a response from you as to how to proceed with the permitting of our electronic reader board sign. Thank you for your assistance in this matter. Paul Da Veiga Project Manager Economic Development Department City of Huntington Beach (714) 536-5544 11/9/2007 Page 1 of 1 DaVeiga, Paul From: Keith Robinson [keith_robinson@dot.ca.gov] Sent: Monday, October 08, 2007 2:38 PM To: DaVeiga, Paul Cc: Smalewitz, Stanley; Fritzal, Kellee Subject: Re: City of Huntington Beach - Readerboard Sign Good afternoon Paul Have you spoken to Dale Williams of mgt office?1 thought you two had discussed your request. I will talk to Dale tomorrow and get back to you. ------------------- Sent from my BlackBerry Wireless Handheld(www.BlackBerry.net) -----Original Message----- From: "DaVeiga,Paul" [PDaVeiga@surfcity-hb.org] Sent: 10/08/2007 02:36 PM To:Keith Robinson Cc: "Smalewitz, Stanley"<SSmalewitz@surfcity-hb.org>; "Fritzal,Kellee"<KFritzal@surfcity-hb.org> Subject: City of Huntington Beach-Readerboard Sign Hello Keith, 1 am following up on correspondence that was sent to your office on August 23, 2007. We have yet to receive a response from your office regarding the request to declassify the portion of land that contains our existing readerboard sign from the CALTRANS landscape corridor. I have attached a copy of the letter for your reference. We are anxiously awaiting a response from you as to how to proceed with the permitting.of our electronic reader board sign. Thank you for your assistance in this matter. Paul Da Veiga Project Manager Economic Development Department City of Huntington Beach (714) 536-5544 11/9/2007 Page I of 2 DaVeiga, Paul From: I'Monica Wilson [monica_wilson@dot.ca.gov] Sent: CJlonday, October 08, 2007 4:38 PM To: DaVeiga, Paul Cc: Smalewitz, Stanley; Fritzal, Kellee; Gerda Holmstrom; James Arbis; Jerry Champa Subject: Re: Follow Up I tried callin?),-uu back that day but I continued to get a busy signal,I wanted to inform you that I no longer work in the ODA Program. I -polo with Gerda Holmstrom and James Arbis of the program and informed them that you were attempting to make cun'��;ci wit„the program. l thought they had already returned your call.I will fwd this message to both Gerda and James who will return your call tomorrow. ----- Original Message----- From: "DaVeiga,Paul" [PDaVeiga@surfcity-hb.org] Sent: 1 8,_O,017 02:20 PM To: ialonica `,Nilson Cc: "Smalewitz,Stanley"<SSmalewitz@surfcity-hb.org>; "Fritzal,Kellee"<KFritzal@surfcity-hb.org> Subject: Follow Up Hello Monica, I am following up on our telephone conversation from last week in which I was requesting a reply to our e-mail dated August 3, 2007. 1 have included a copy of the e-mail below for your reference. We are anxiously awaiting a response from you as to how to proceed with the permitting of our electronic reader board sign. Thank you for your assistance in this matter. Paul Da Veiga Project Manager Economic Development Department Cites of Huntington Beach (714) 536-5544 August 3, 2007 Dear Monica and Gerda, Thank you for the opportunity to meet with you this morning. We appreciate the information that you provided and potential solutions regarding the continued use of our readerboard sign. The original sign permit issued by Cal Trans was approved in 1992 with the understanding the dealerships that were members of the Automobile Dealers Association ("Association") would advertise on the subject sign since the Association itself operated an administrative office within the redevelopment project area. A substantial investment by the City, Agency, and Association was been made for the sole purpose of advertising Association dealers on the subject sign. We have since been informed through a Notice of Violation that after 15 years of continuous operation that Cal Trans claims that the subject sign is no longer consistent with the provisions of the State of California Outdoor Advertising Act. While the City disputes any such claims, we are willing to do what is necessary to 11/9/2007 Page 2 of 2 con this recent position taken by your agency and would like to explore the op� 3 -i.ng the Association operate an internet-based sales office (s) within th r, Center Redevelopment Project Area in an effort to resolve this is - ales office (s) would conduct full time internet sales for each in ::.sociation dealer having either a shared or individual location on the pr contention is that by establishing an on-site internet sales office (s perated and functions on behalf of all of the dealerships of the As., there should be no question as to the dealerships ability to advertise on _ t sign. Moreover, the sales office (s) will operate under a valid DM'" sales license and will be continuously occupied by employee (s) of the As. Th- " -ption of many that the City and Redevelopment Agency is exploring in or,:, lve this issue. It should be noted, however, that we believe it is ou_ advertise the Association auto dealers on the sign based on the or, Idt issued by Cal Trans and the continued use of the sign which has not ch.. years. We do not feel that the Notice of Violation is justified ba:: circumstances and history of permitting by your Agency. We look for--: ollaborating with you on a workable solution that meets the needs of bot _ .ns and the City of Huntington Beach. Once again, thank you for your tim, contact me at (714) 536-5544 or via e-mail if you have any further que.,. comments. 11/9/2 ; . City ®f Huntington Beach 2000 Main Street o Huntington Beach, CA 92648 _ DEPARTMENT OF ECONOMIC DEVELOPMENT _• Business Development Housing Real Estate Redevelopment 714.536.5582 www.hbbiz.com fax 714.375.5087 June 22,2007 Monica Wilson California Department of Transportation Outdoor Advertising Program,M5-36 P.O. Box 942974 Sacramento,CA 94274 RE: REQUEST FOR ISSUANCE OF REDEVELOPMENT PERMIT FOR ELECTRONIC MESSAGE CENTER SIGN Dear Ms.Wilson: Attached you will find an application for a redevelopment permit regarding the existing electronic message center sign. After researching our records and CalTrans requirements regarding permit issuance,we were unsure if there was a need to request an extension of Permit No. 39771. The existing sign is an 85-foot tall double-faced sign on a remnant portion of City-owned land between Center Avenue and the Beach Boulevard freeway off-ramp. The height and size of the sign are designed to be visible from the 405 freeway and to inform freeway traffic of the existence of automobile dealers on Beach Boulevard. On May 3,2007,we requested assistance from your department regarding extending the original permit for the sign (Permit 439771). We received an e-mail from Kenneth Parmelee of your office indicating that the permit had been cancelled and that the next step would be applying for a redevelopment permit. In the midst of our communication,we also received a Notice of Violation(Viloation 4V 12-0008) from Gerda Holstrom indicating that the existing sign does not have a permit. Please notify Ms.Holstrom that we are in the process of applying for a redevelopment permit and are attempting to address this issue promptly. The City of Huntington Beach, as property owner,leases the parcel to the City's Redevelopment Agency who is co-applicant on the permit. The Redevelopment Agency in tum subleases the land to the Huntington Beach Auto Dealer's Association. The Auto Dealer's Association has existing agreements with the Agency to operate and maintain the sign while the City maintains The surrounding landscape. In addition,the auto dealers maintain an office within the Huntington Center Redevelopment Project Area as required under the current Development Agreement between the Redevelopment agency and Auto Dealer's Association. Please inform me of any additional information that you may need to proceed with our request. Feel free to contact me any time at (714) 536-5544 or via e-mail at pdaveig_aPsurfcity-hb.org. Since ely, Paul a Vei a Econ is De men roject Manager Attachments Sister Cities: Anjo, Japan • Waitakere, New Zealand Powell, Doris From: DaVeiga, Paul Sent: Friday, May 11,2007 4:02 PM To: Smalewitz, Stanley; Mulvihill, Leonie; James, Jane; Powell, Doris Subject: FW: City of Huntington Beach Follow Up Flag: Follow up Flag Status: Red Attachments: City of Huntington Beach.pdf City of tington Beach.pd FYI -----original Message----- From: Kenneth Parmelee lmailto:kenneth_parmelee@dot.ca.gov] Sent : Thursday, May 10, 2007 10:47 AM To: Gerda Holmstrom Cc: Monica Wilson; DaVeiga, Paul Subject: City of Huntington Beach Good morning Gerda, I received a letter from the City of Huntington Beach yesterday, requesting a permit extension for permit #39771. Here is a scanned copy of the letter: (See attached file: City of Huntington Beach.pdf) According to the ODA database, this permit was cancelled on October of 1998, and I cannot determine the reason why_ This permit is located in Orange County. Do you have the original permit file on this permit? Based on this letter, it appears that the City of Huntington Beach leases the parcel to the City's Redevelopment Agency, and the, redevelopment agency subleases the land to the permitholder, the Huntington Beach Autodealer. The fact that there is a redevelopment agency involved in. this project may explain why permit #39771 was cancelled. If we determine that this sign is in a redevelopment area, and that the advertising copy only includes businesses within that redevelopment area, I don't think we would grant a permit extension. I feel that the next step would be having them apply for a redevelopment permit . Could you please assist me on this matter? Paul Da Veiga of the City of Huntington Beach would like us to respond to him in writing. Thank you. Ken 1 STATE OF CAL)FORNIA•DEPARTMENTOFTRANSPORTATION OUTDOOR ADVERTISING (ODA) DISPLAY PERMIT APPLICATION Page,of2 ODA-0002(REV-1212006) PERSONAL INFORMATION NOTICE: DO NOT VVM9I►J SHADED AREAS t�lSVa Volt Fedval Pn�acyAd(P.L 93579)and the Wormabm PracDcesAdor t977 DISTRICT COU"TY ROUTE POSTMtLE PERMIT (cm code Sections 1798,et seq.),notice is Ir�ebY Orve+r the request persona NUMBER imormationbythisfarro.Ttmrequestedpersorwlbdorn"miswhukary.TTeprinopw , purpose ofthevdvkaryirdormationistofaci5tale Ute prooesselgotthislorm.Thetatureb ROAD/STREET provide al or any partdCte requested informationmay delay processing of thisform.No tbsdosure dpersonal8rtamationwi8be tnadeurdesspemessale underArbde6,Section 1798.24OMhelPAof1977.Eachir iduaRte CwtighlupatrbWestw4proMWen6kabon CSR NUMBER DATE GRANTED APPLICATION NUMBER to'Inspede9 personal'udonnatioar in arty raced neiNained onlheindrJulla�t by anidtkrMying pwomiar. ADA NOTICE For individuals wigs sensory dis2biWes,this document is 2r gable in TEMPORARY PERM11 ISSUE DAT E T-TNAL PERMIT ISSUE DAT E m alteatefamats.Fairdermationcas(916)653-3657orTDD(916)654-3 or write� Records"FomtsManagemerok I MN Street.MS-89.Saaaneroo.CA 9WIA- PERMIT EXPIRAI ION DATE COMPLETE ALL SECTIONS.ISSUANCE OF A PERMIT WILL BE DELAYED UNLESS ALL ITEMS ARE FILLED IN AND THE PROPER FEES REMITTED. IF APPROVED,A COPY WILL BE RETURNED FOR YOUR RECORDS, WWWAOt.ca- ovloda AAAItL TO:DEPART-MENT OF TRANSPORTATION,Division of Traffic Operations MS 36,ODA Branch,P.O.Box 942874,Sacramento,CA 94274-0001 s • CASH ACdEPT,,EP BY MAI41 MAKE CHECK PAYABLE TO:DEPARTMEM OF TRANSPORTATION,OR PROVIDE THE INFORMATION BELOW TO APPLICABLE CREbri CARD. APPLICATION(non refundable)............................................. $300 PERMIT FEES.......................--.—.... 2004-2008 ❑$500 PENALTY(required if display was placed prior to 2005-2008 $400 obtain"pe"TA) .............................................. ❑ $100 2WB-2008 ❑ $300 PRELIMINARY REVIEW REQUEST 2007-2008 ❑ $200 (If approved,$100 will be applied towards 2008 ❑ $100 the application fee per CA Code of Regulations (Department operates on a 5 year billing cycle:2004-2008. Section 5486).................................................._... ❑ $200 Companies that have more than 10 permitted displays-, known as pro-rata companies,may pay on an annual basis) TOTALFEESPAID: $ 300.00 METHODOF PAYMENT: D CHECKNUMBE72 d®f �� ❑VISA ❑MASTERCARD ❑AMERICAN EXPRESS ❑DISCOVER E>Viratim Date. CHARGE ACCOUNT NUMBER TOTAL FEES CHARGED AUTHORIZEDSIGNATURE • • -.• :e ❑STATIC DISPLAY WTRI-VISIONWESSAGE CENTER DISPLAY DREDEVE OPMENT DISPLAY ❑PRNATE D1RECr10NAL DiSPtm ❑PUBLr-DiRECtroNAL DISPLAY �SEO • PERMITAFPL):ANT or nemeorrvmorirtdMdtmlde'Srri" '. ODAUCENSED7 LICENSE NUMBER HUNTINGTON BEACH AUTO DEAL RS ASSOCIATION YES No r /A STREET ADORESSiCANNOtbeaPostOF4ceBox) CITY STATE ZIP CODE BUSINESS PHONE NO. 7755 CENTER ER DRIVE 11TH FLOOR HUNTINGTON BEACH CA 92647 714-372-7209 MAILINGADDRESS.IF DIFFERENT(SteetAddressorP.O.Box) CITY STATE ZIPCODE SAME SAME SAME SAME -. PROPERTYCNvr1ER(PasoninawOdd uperrvAti h&Vlayissprated) ASSESSOR'S PARCEL NO ZONING ECONOMIC DEVELOPMENT 142-34-212 tr2 REDEVELOPMENT STREET ADDRESSIP.O.BOX CITY STATE PCODE BUSINESS PHONE NO. 2000 MAIN STREET HUNTINGTON BEACH CA 192648 1714-536-5582 DISPLAY COUNTY NAME CITY NAME(dino� (circle)" STATE ROUTE NUMBER OR ROAD/STREET NAME ORANGE HUNTINGTON BEACH 405 FREEWAY FEE'r/MILES (Cirde) NAME OF NEAREST CROSSROAD,OVER/UNDERPASS 600' BEACH BLVD IDIENTIFY.A BUSINESSACTIVITY BY NNVIE 7 RAT IS WTHIN 1.000FEET OF THE DISPLAY LOCATION STREE7A R OFTHEB INE A IVITY HOTEL HUNTINGTON BEACH 7667 C�EI� ER AVHI�SNI INGTON BEACH NOTE:V-Shaped struduses are separate dlsptays and require two applications Applications suflrrutted without ALL d the Tdlov✓Irtg tioatntertts vittl be tMutrred_ ID BuildringPemkptycxco-"wrieenpwm.-4on)^ ❑ONESIDE ✓❑BOTHSIDES ❑V20FAVSWWEDDISPLAY DetaiWpldmapot#wWoposed(SWLylocalim PANEL HEIGHT lE(oG H DISPLAYrDNUMBER(apilatal) pr, E"encedPmpalyCsvnersCorsert'- 46 AT AssessofsPamelMap LAL Q AsaessotsProperty Owrtmatdplydamatiorr METAL ❑WOO)t ER 2 Cor—tcirReddopmentAgertq(dappfsaUe) T tNDICAlE. DIS AWGEFR Mt5UIIOM ANEL WND ^NOTE:Wot dst>brrl ' a 6mina review CHECK ONE �✓ Animprkdisplacedatttreloration ✓❑ELECT'RONICBOARD 0 LE.D. I�TRI-VISION O, M•n ft—beplao tr.. (pate) 0 NAME(Please Pml) IGNATU� OF APPU OR AUTHORIZED AGENT BUSINESS PHONE NO. DATE Jim UPP v er ' 714-372-7209 5-14-2007 ADDRESS 7755 Center Drive 1Ith Floor CI I I TYHurAnglon Be STATE Ca zIP 92647 Theappliant hereby aweesbptaoeandmairiaintneadvemungQspay desai inacWrdalCevvithttleprw%rssersof lheO,f AdverGsi Aa,State Regulaborm.andlomt zorivg oforances.Tire aFprl�ntcerCEes9rettnesietanprasmadainttesapplitaEonaretrue.an0 ptelanirtcorrect statanerkd lad maybe grwMstor pemil derualortor penritrewration PL I 110. CITY OF HUNTINGTON BEACH 2000 MAIN ST. DEPARINIENT OF cJ PCOMMUNITY DEVELOPMENT V HUNTINGTON BEACH, CA 92648 BO LIFORNIA 92648.O. X 190 CA pi T (714)536-5241 E P Per 11)it I umber !if? 9 Bldg � fltddress: f C:t i'4A o t EXIGT. F;L-) i.di 4,n o Use - 2 HUN i TON BEP-11 Pi Cr`I -i�_ R T E S I A Ph, I 7 5,36 5:E,2 i 3 F 9 12 eL 1--/!j 9:11 7'0 4 0 Nlo C4 5 1 Q' -v 3"7 A D A S EN 6 i f 4 E, P -f N U 1. 1022 51 1'_`N GfiOVEZ 14 -;36 9e4 Nf-j. 1 0 161,31 _f LUM'i NA'. Er) f If-jL E. i FF-1!--1EVj Y F Y'c)mfm4r,ts- 3NS L ki . -"v i rig zi lr T a C- j Icr_ lypt-e, k,*N Occ: Ub C Vu i I C' i V)(4 ensu5 Code. 99q _Pj]dr,! . Us.p; �r_-041111 Park-- S I a n T-1 J.n zi: Pic t -1 on: CUT= f-',D a.t,:,t z�, r!-r- 't t Ufat_e 09 1/ fit- Landt_.e-. 1:;M ",9 A 7. d I a T-,C C e c FIC E;suad E.CI) 09, i?4 Pe t Et -OP99_)9 _F:11CP i FIT 101-11 AN0L!!.,.1T J1�1kCC11)LjNI_! DECC14 iP_11_10!14 1_411,JLJINT A11-1, ION 1553 Q RAACD2.3430600 S,11;t 11 AI' C.E, 1:5--00 f-'A A(7,D 23 Lf 31 "1 f) ..AINGHE CK it" 9 Wit.) I.* P A I P E IN 1A I--1,Ni 0-00 �,,A A C V 2,31�4 8 3 0 1)1 BRF f',,014 0 0 K f V 4 5 0 Ilk ( 'PLANCHECK 0.r., 1tom: >,NSERVAT 81 GA A 00201 , 'cqQ COPY G 17100 0 1)()2 2 5 5!5 S-jJPd! FCD B---0;7�,C.;9 09 :-RTIFICATE OF EXEMPTION FROM WORKER'S COMPENSATION INSURANCE OWNER-BUILDER DECLARATION ec0on need not be cGinpleted it the perniit is for one hundred dollars 1$100)or less.), I hereby aftwm that t am exempt ftom the Contractor's License Law for the tollowing'teason, J(Sec V that in the performance of the work for which this permit is issued,I shall not employ any in any manner so as to become subject to Worker's Compensation Laws 7031.5) Business and Professions Code: Any city or county which requires a permit to constfuct% alter, improve, demolish, of repair any structure, prior to its issuance, also requires the applicant TO —Applicant u 0. for such permit to file a signed statement that he is licensed pursuant to the Provisions of Me APPLICANT: It,after making this Certificate of Exemption, yo should become e ome subject to ContraCtOt'S License Law (Chapter 9) (commencing with Section 7000) of Division 3 of the rker's Compensation provisions of the Labor Code,you must lofthwith comply with such provision ietmit shall be deemed revoked. Susrness and Professions Code, or that he is exempt therefrom and the oasis for the alleged LICENSED CONTRACTORS DECLARATION exemption. Any vrolation of Section 703t.5 by any applicant for a permit soblects, the appficanf I affirm that I am licensed under provisions of Chapter 9 (commencing with Section 70001 of to a evil penalty of not more than five hundred dollars($500).]: 3.,the Business and Professions Code,and my license is in full force and effect Cj 1.as owner of the property,or my employees with wages as their sole compensation,will do the N.inbe, Lic Class work,and the st,uclum is not Mencl.cl or offered for sake.{Sec 70443 Business and Protesvoris Code: to, Date The Contractor's License Law does not apply to an owner of property who builds or knptoves theteon, and who does such wok hinlSelf of through his own employees, ptovmded Oar such improvements exempt from the licensing eci—e—ts,as I am a licensed architect or a registered professional ate not intended ot offered for sale 11, ho—, neer acting in my professional capacq(Section 705 1.Business and Professions Code). r A , I � 41.-' - EXISTING SIGN City Building Permit 9-4-92 - Original State Permit 3-18-92 Huntington Beach BLVD of CARS EXIT BEACH BLVD 4t3 ro, ca © � i z . a 0 O. . a: D p CA X V o D . 1 . . N td,s w 4 'I I . ■ ■ v IcFADDEN ■ i ■ [ Sq ■ • NCO Q F� ■ qy ■ a . e a r r i tJC;i A !yam: a � a ■ ■ CENTER OR[VE _` — —��� ?1. w a+.w m ea w• woo SWIM w 41, It S�SN 0 I H . m • � a ■ U < ca EOINGER AVE. r� ■ ■ c, H ( ■wna�auw�ea..awwesamme e ■ H j 1 j ... )■6mearoavawnaH ■ . ■ � ■w■Iw w.l■wwlaw Morel 1 ' ■ate■e�wrwaa■■■r...a■■■�eww■■IH■ HUNTINGTON CENTER COMMERCIAL DISTRICT REDEVELOPMENT P 'P"A-\--OKA I :P . - HUNTINGTON BEACH CALtFORNIN A R E� PLANNING DIVISION 0 City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 DEPARTMENT OF ECONOMIC DEVELOPMENT Business Development - Housing - Real Estate - Redevelopment 714.536.5582 www.hbbiz.com fax - 714.375,5087 June 22,2007 Monica Wilson California Department of Transportation Outdoor Advertising Program,M5-36 P.O. Box 942874 Sacramento, CA 94274 RE: EVIDENCE OF PROPERTY OWNERSIIIPIPROPERTY OWNERSHIP CONSENT Dear Ms. Wilson: This letter serves as verification that the subject site is within the City's right of way and thus, is owned by the City of Huntington Beach. Please see the enclosed Cal Trans form which contains the certification by display owner of the message center within the Huntington Center Commercial District Redevelopment Project Area. The property owner consent was signed by Stanley Smalewitz,Director of Economic Development. Sincerely, Paul a Veiga Economic Development Project Manager Sister Cities: Anjo, Japan • Waitakere, New Zealand V 2-so 27 �•°" sago• °oo - 9 , y ao 2?.so i3s-59r O 4 2,a}p.3 ' PFT411- 1 f EDWER AVE. :m 34 Ab o��o 872-30-125 PPT 22 Z !_ 400' Jd-30-4tA-7�7R:r 78 saE 148- REE'� ' CENTER S6F 148-30-4fF-POR.3 1 �. S'r9.- J.23 AC. ° SSE I4A 3D-4fA-f/ y 4ff 4-.W-r9' 342.26' :8E 148-30- yq.�o' `� 1 1 4,16-1 'o -p a � .-- V�/ M h i.C3 A ' 167.24 \a AC tC) st P � �7s4 13-47AC. 80 P. M ° 255 - 40 V N. A 77 AC, % 3�K P. M. ^ 255 - 40 cri I8.40AC. a 9.87AC 61 Q SEE 98 DETQIL e t51.t3- 150 SMELTI£R AVE.1 AVENUE------------ o Z P4RKSlDE tj ! AOg J t3 !4 = 44 <n � NOTE — ASSESSOR'S BLOCK & ASSESSOR'S MAP PARCEL NUMBERS BOOM 142 PAGE 0 7 i SHOWN IN CIRCLES COUNTY OF ORANGE City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 DEPARTMENT OF ECONOMIC DEVELOPMENT t # Business Development Housing - Real Estate - Redevelopment 714.536.5582 www.hbbiz.com fax - 714.375.5087 June 22, 2007 Monica Wilson California Department of Transportation Outdoor Advertising Program, M5-36 P.O. Box 942874 Sacramento, CA 94274 RE: EXISTING HUNTINGTON BEACH AUTO DEALERS ELECTRONIC FREEWAY DISPLAY Dear Ms. Wilson: Attached is a list of the dealers belonging to the Huntington Beach Auto Dealers Association. These dealers are allowed to advertise on the existing electronic freeway display sign, which is located within the Huntington Center Commercial District Redevelopment Project Area. Sincerely, Paul Da V ei Economic Development Project Manager - - Sister Cities: Anjo, Japan • Waitakere, New Zealand Huntington Beach Auto Dealers Association 7755 Center Avenue Huntington Beach, CA 92647 Huntington Beach Chrysler, Jeep, Saturn of Huntington Beach Hummer Heritage Mazda Huntington Beach Ford Toyota of Huntington Beach Douglas Nissan of HB DeLillo Chevrolet Huntington Beach Dodge Norm Reeves Honda Huntington Beach Mitsubishi McKenna Motors Huntington Beach *City of Huntington Beach/ Redevelopment Agency 2000 Main Street Huntington Beach, CA 92648 (714) 536-5544 Fax 375-5087 5% For Public Service Advertizing. G:Doris/Auto Dealers Association List City of Huntington Beach Business License P.O.Box 711 714 536-5267 FAX 714 536-5934 Califomia 92648 Dan T.Villella,CPA Finance Director HUNTINGTON BEACH AUTO DEALERS ASSOCIATION INC-BID 7755 CENTER AVE#1100 HUNTINGTON BEACH CA 92648 Dear Business Owner: Thank you for your payment. Attached is your City of Huntington Beach Business License. Please note that approximately one month prior to the license expiration date,you will be mailed a renewal notice for the coming year.If for any reason your renewal notice does not arrive,you are still responsible to renew and pay your business license amount prior to the expiration date. You will incur penalties if this payment is not received by the expiration date. Please post the business license in public view. If you do not transact business from a fixed location within the city,you must carry this license with you at all times. Your business vehicle should also carry this license, and the license plate number of the vehicle(s),if applicable,should match the one on the business license. Please notify Business License if there are any changes of ownership, address,business name,business vehicle,or type of business conducted. Additionally,please notify the city if you discontinue your business. There are many resources available to out licensed business people.We have listed a few that might be of interest and assistance to you. City of Huntington Beach Economic Development Department-714-536-5582 Huntington Beach Chamber of Commerce-714-536-8888 Huntington Beach SCORE(Service Corps of Retired Executives)-714-550-7369 Fictitious Business Name Information-714-834-2889 State Board of Equalization(seller's permit information)-714-558-4059 If you have any questions,please call a Business License representative at 714-536-5267. a City 0f Huntington Beach Business License Business Name/Service Address License Number A266335 HUNTINGTON BEACH AUTO DEALERS ASSOCIATION INC-BID 7755 CENTER Unit: 1100 HUNTINGTON BEACH `License Type Effective Date 05/01/2007 Exempt Expiration Date 04/30/2008 Owner I Corporation HUNTINGTON BEACH AUTO DEALERS ASSOCIATIO THIS LICENSE IS ONLY FOR THE BUSINESS AND Amount Paid $21.86 TYPE SHOWN. IT IS FOR THE PERSON TO WHOM ISSUED AND IS NON-TRANSFERABLE. RENEWAL IS SIC 5511 DUE ON OR BEFORE THE EXPIRATION DATE. POST IN PUBLIC VIEW I��oa r1 ^ STATE OF CALIFORNIA TRAM (�`(,�✓�l� ("`���U:::JJIIIIj DEPARTMENT OF TRANSPORTATION OUTDOOR ADVERTISING BRANCH PURSUANT TO THE TERMS OF CHAPTER 32, STATUTES OF 1939 AND AS EFFECTIVE AMENDED PERMISSION IS GRANTED TO PLACE AND MAINTAIN AN ADVER• JANUARY 1,1992 TISING DISPLAY. PERMIT OWNER NUMBER 39771 DISPLAY # HIGHWAY FEE PAID $20.00 DISTRICT COUNTY POST MILE ROUTE12 Ora s PENALTY ge 405 Q D APPLICATION BOO DISPLAY HuntingtonBeach PRIOR YER. LOCATION TOTAL PAID $�.•- Huntington Beach Redevelopmt DISPLAY OWNER ADDRESS 2 00 0 Main St. DATE ISSUED: 0 3 18 9 2 HuntingtonBeach, CA 92648 (� SIZE: 14 x 3 0 THIS PERMIT DOES NOT AUTHORIZE VIOLATION OF ANY ZONING ORDINANCE SECTION 5359 PROVIDES THAT THE'ISSUANCE OF A PERMIT DOES NOT AFFECT THE OBLIGATION OF THE OWNER �... OF THE ADVERTISING DISPLAY TO COMPLY WITH A ZONING ORDINANCE APPLICABLE TO THE ADVERTISING DISPLAY UNDER THE PROVISIONS OF THIS CHAPTER NOR DOES THE PERMIT PREVENT THE ENFORCEMENT OF THE APPLICABLE ORDINANCE BY THE COUNTY, EXPIRATION DATE DEPUTY DIRECTOR nFrEMRER 31. 1992 NOTICE The enclosed permit is issued in conformance with Chapter 2 of the Business & Professions Code only. It does not include or imply permis- sion forthe permitteeto either trim, cut orother- wise alter any vegetation or growth within the highway right of way to create or improve visibility to the permitted display nor does it include or imply that the State will trim, cut or ® otherwise alter any such vegetation or growth or grant permission to the permittee or his/her agents to do so. City of Huntington Beach ?, 2Dt10 MAIN STREET CALIFORNtA 92W DEPARTMENT OF ECONOMIC DEVELOPMENT Office of the Director 536-5582 Housing 536-5542 Redevelopment 536-5582 Fax (714) 375-5087 February 12, 1992 State of California Department , of Transportation 1 1120 N. Street P.O. Box 942874 Y rT�pL b J Sacramento, California 94274-0001 Dear Mr. Lancaster: Enclosed is our application for a State Outdoor Advertising Structure Permit along with a site diagram and a check for- $40 (forty dollars). We have provided a line of site marker for your site inspector. Please have your inspector contact my office prior to going to the site so we can be sure the marker is still in place. Our research shows that our site lies within the non-bonus areas (between mile markers 1668-1623). Please let us know if you concur with this conclusion. My phone number is (714) 536-5224. Also, if you have questions regarding our permit application please do not hesitate to call me. Thank you for the thoughtful assistance you and your staff has provided regarding our permit application. Sincerely, a4t'4_� Thomas Andrusky Assistant Project Manager TA:jar xe: Barbara A. Kaiser, Deputy City Administrator/Economic Development ®DTD ADVERTISING BRANCH Do not write in this space TRANs1'ORTAT1oN ButmiNG, 1120 N STREET, P.O. BOX P42874, SACRAMEWO,CA 94274-0001 District....1 ... Co.. 0 r a Rte . APPLICATION FOR STATE OUTDOOR Road .l ................ ................ Post Mile ..........1.6..b41 AL................ ' ADVERTISING STRUCTURE PERMIT AuditNo. ........;.9.2-119.0.0............. Display.Type: General Advertising❑ Message-Center .9 Date grantecl-18-9.2.. C.R.No. .395...... Exception (5405 et seq.) . Complete all Sections.A copy will be returned for your records.Issuance of a permit will be delayed unless all items are filled i3a ' and the proper fees remitted. Make checks,money orderS,�et . payable to the Department of Transportation. Application Fee(non-refundable) . $30.00 $ ,?�-........ Permit Fee(refundable if application not approved unless previously cited) ........... 10.00 $ ..1JD_0U.......... V-shaped structures are Penalty Fee(assessed itapplicant placed separate displays and structure prior to approval) 10.00 $ Preliminary Review Request Fee "" require separate applications. (only if prereview is requested)•............. $30.00 $ .................... All permits expire December 31. 1. DISPLAY OWNER HUNTINGTON BEACH REDEVELOPMENT AGENCY PRDJT NAME OF FIRM OWNING STRUCTURE/SIGN CITY OF HUNTINGTON. BEACH, 2 0=- Maul' Street '-, HUNTINGTON BEACH, CA. 92648 PRINT NAM£OF OWNER OFFMM STREET ADDRESS P.O.BOX CJTY Zip 2. PROPERTY OWNER OR..PERSON IN CONTROL OF PROPERTY UPON WHICH DISPLAY IS-SITUATED HUNTINGTON BEACH REDEVELOPMENT AGENCY, 2000 MAIN STREET, HM111GTON BEACH, CA. 92648 PRINT NAME STREETADDRESS CITY ZIP If consent to placing is written a copy of the consent document must be included. PROPERTY OWNER MUST SIGN HERE if consent is VERBAL 3. Display to be installed in ORANGE /HUNTINGTON BEACH on the SOUTH side of 405 FREEWAY NAME OF COUNTY NAME OF INCOAPOAA TED CITY N S.E.W. STATE ROUTE NO. eeeeJJ1Y11'1es WEST of BEACH BLVD. ROADORSTREETNAME ' 7p �*+- N.S.E.W. NA31EOF NEAREST CROSS ROAD.OVERIUNDERPASS REDEVELOPMENT ZONE C-2 ~ASSESS R P Oa d? !-a ZONING 4. Proposed ins tton ate 2 Owner's Identification No. N/A If display has been cited,Notice No. NJA b. To be placed by REDEVELOPMENT AGENCY, 2000 MAIN STREET, HUNTINGTON BEACH, CA, 41648 NAME OF FIRM ADDRESS 6. Display Location Sketch: Show U.S. or State Route Numbers or Name of Street; Show Name of Nearest Crossroad, OverlUriderpass; or Nearest Landmark; Indicate Single Panel thus— I; Indicate V-shaped Displa} thus—V. Show distance of display from intersection. THIS SPACE FOR LOCATION SKETCH N 7. DESCRIPTION OF DISPLAY Material(check) Panel: Heigh lj-Length 30 Wood ❑ Metal K) Other ElW EIt it I I IV It Uprights:Number 2 Size 5 ❑ El ❑ S Distance between panel and ground 661 Inumination4 7FS Reflector Material N/A fill 1 111% In IfIll If It Copy one side ❑ Both sides Indicate facing EAST A WEST If It It fit It - EnUEZ % of a V-shaped display ❑ "AP.P.ROVED' ON-PREMISE 8. Advertising Copy: COPY ONLY" CITY OF HONTINGTON BEACH 1-7 REDEVELOPMENT AGENCYIf The applicanthereby agrees toplace and maintain the advertising described above in accordancewith theprovisions of.the Outdoor Advertising Ac local zoning ordinances, and any other applicable regulations. The applicant certifies that the statements made in this.application are true, an understands that any incorrect statement of fact may be grounds for the denial of a permit or for revocation if already granted. SIGN IIEREI inNTINGTON BEACH REDEVELOPMENT AGENCY 000 MAIN STREET California, FEB. 5TH ,19 92 DJSPLAYOWNERQRAUTHORI EDA OffftNTINGTON BEAff;"�A. 92648 DATE FORM onto-M•ODA-2 NOTE REVERSE SIDE FOR PLACEMENT CRITERIA Reverse side must be completed (REV.9/68) for Federal-Aid primary and Interstate Highways. GENERAL INFORMATION GENERAL CRITERIA A. A State permit is required if the display will be visible from any highway or county road before the display is placed. B. The approval of local zoning authorities is required in addition to a State permit. CRITERIA FOR 'ALL INTERSTATE AND PRIMARY" HIGHWAYS AND ALL PUBLIC ROADS LOCATED OUTSIDE OF INCORPORATED CITIES (A "NO"answer to any question indicates the sign might not be permutable.) e one) 1. Location must be outside of the right of way of any highway. Yes No 2. Display may not be designed to Imitate or simulate any directional,warning,information or official sign Yes No nor be likely to be construed as one or giving any instructions to traffic. 3. Location must be outside of any stream,channel or below flood-water levels. Yes No 4. Display must be designed so iti'ere is no red,blinking or intermittent light that might be mistaken for a warning Yes No or danger signal. S. Display may not be designed to have any illumination so bright or so placed to blind or dazzle travelers Yes No on the highway. 6. Display must be at least 300'from any intersection except on the crossbar side of a T-Intersection. Yes No 7. Display must be located so as not to obstruct or prevent a clear view to approaching vehicles for a distance es No of 3O0'unless some other permanent building or structure already obscures such vision. 8. Display must be located so as not to prevent any traveler on any highway from obtaining a clear view Yes No- .of approaching vehicles for a distance of 500'. CRITERIA FOR ALL PRIMARY AND INTERSTATE HIGHWAYS ONLY: to one 1. Location where sign will be,must be within 1000'of an existing industriai or commercial activity. Yes No 2. Location where sign will be placed must be zoned"industrial"or"commercial". es No 3. Sign will be without any flashing or moving lights.(Time,dale,temperature signs are permissible.) Yes No 4. Sign will be at least 500'from the nearest sign on the same side it next to a freeway. Ye No 5. Sign will be at least 300'trom the nearest sign on same side if next to a non-freeway highway Yes) No outside of an urban area. 6. Sign will be at least 100'from the nearest sign on same side of a non-freeway within an urban area Aye No 7. Sign will be at least 500'from an interchange or roadside rest If outside of an urban area No 8. Sign will be 1200 square feet or less in area,and not over 60'long or 25'high_ No ADDITIONAL CRITERIA Displays may not be permitted it adjacent to and designed primarily to be viewed from a landscaped freeway". IF SiGN LOCATION iS ADJACENT TO BONUS SEGMENT OF AN INTERSTATE HIGHWAY*": Location must be at least 2 miles in advance of next exit roadway. Location must be at least 1000'past the last entrance roadway. Display must be at least IOOV from the nearest sign facing same direction of traffic on either side of highway. Sign may not exceed 150 square feet in area or 20'in length or height. Sign will have no moving or animated parts or any type of flashing light. The undersigned certifies that the responses listed above are true and correct and that he or she has verified their accuracy.The undersigned applicant further agrees that If any of the above statements are incorrect,they may be grounds for denial of this permit or revocation If a permit has already been granted based on such information. —DEFINITIONS: FEDERAL-AiD PRIMARY HIGHWAY. "Primary highway"means any highway,other than an interstate highway,at any time officially designated as a part of the federal-ald primary system by the director and approved by appropriate authority of the federal government. INTERSTATE HIGHWAY: "Interstate highway"means any highway at anytime officially designated as apart of the national system of interstate and detensehighways by the director and approved by appropriate authority of the federal government. BONUS SEGMENT OF INTERSTATE HIGHWAY: "Bonus segment"means any segment of an interstate highway which was covered by the Federal-Aid_Highway Act of 1958 and the Collier- Tberg Act,namely,any such segment which is constructed upon right-of-way,the entire width of which was acquired after July 1,1956. LANDSCAPED FREEWAY: "Landscaped freeway" means a section or sections of a freeway for which a contract has been let for planting at least on one side of the freeway right-of-way of lawns,trees,shrubs,flowers or other ornamental vegetation which shall require reasonable maintenance. City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 . DEPARTMENT OF ECONOMIC DEVELOPMENT .is ` Business Development - Housing - Real Estate Redevelopment 714.536.5582 www.hbbiz.com fax 714.375.5087 August 23, 2007 Keith Robertson California Department of Transportation 0 Ply Outdoor Advertising Program M5-28 1120 N Street MS28 Sacramento CA 95814 RE: REQUEST FOR DECLASSIFICATION OF READERBOARD SITE FROM CAL- TRANS LANDSCAPE CORRIDOR Dear Mr. Robertson: The purpose of this letter is to request a declassification of the subject site from the State Highway Landscape Corridor.. On August 2, 2007 City staff met with Monica Wilson-Pough, Sergay Ivazian, and Gerda Holmstrom from your office regarding the pending Notice of Violation issued by Ms. Holstrom for the subject sign dated July 6, 2007. At this meeting, declassification of the subject site was provided as an option in correcting the Notice of Violation. Attached you will find a site plan, aerial map and previous correspondence that clearly identifies the subject site and its surroundings. The existing sign is an 85-foot tall double-faced sign on a remnant portion of City-owned land between Center Avenue and the Beach Boulevard freeway off-ramp. The height and size of the sign are designed to be visible from the 405 freeway and to inform freeway traffic of the existence of automobile dealers on Beach Boulevard. The City of Huntington Beach, as property owner, leases the parcel to the City's Redevelopment Agency who is co-applicant on the permit. The Redevelopment Agency in turn subleases the land to the Huntington Beach Auto Dealer's Association. The Auto Dealer's Association has existing agreements with the Agency to operate and maintain the sign while the City maintains the surrounding landscape. In addition, the auto dealers maintain an office within the Huntington Center Redevelopment Project Area as required under the current Development Agreement between the Redevelopment agency and Auto Dealer's Association. We have since been informed through the Notice of Violation that after 15 years of continuous operation that Cal Trans claims that the subject sign is no longer consistent with the provisions of the State of California Outdoor Advertising Act. While the City disputes any such claims, we are willing to do what is necessary to comply with this recent position taken by your agency and would like to explore the option of declassification of the property as part of the Cal Trans landscape corridor in an effort to resolve this issue. This is one option of many that the City and Redevelopment Agency is exploring in order to resolve this issue. It should be noted, however, that we believe it is our right to advertise the Association auto dealers on the sign based on the original permit issued by Cal Trans and the continued use of the sign which has not changed in 15 years. The following is a list of activities that have led to the request for declassification: Sister Cities: Anjo, Japan . Waitakere, New Zealand • On May 3, 2007, we requested assistance from your department regarding extending the original permit for the sign (Permit#39771). • On May 10, 2007, we received an e-mail from Kenneth Parmelee of your office indicating that the permit had been cancelled and that the next step would be applying for a redevelopment permit. I was told that I would be contacted by Gerda Holstrom who would inform me of the next steps in the permitting process. • On June 18, 2007, we received a response from Gerda Holstrom in the form of a Notice of Violation (Violation #V12-0008) indicating that the existing sign does not have a permit. • On June 22, 2007, City staff submitted an application for a redevelopment permit based on direction given from Kenneth Parmelee of your office. (See Attachment) • On July 6, 2007, we requested an appeal to the Notice of Violation. ■ On August 2, 2007. City staff met with CalTrans staff to discuss the Notice of Violation and alternatives for correcting the violation. Declassification of the subject site was identified as a possible option for resolving this issue. We do not feel that the Notice of Violation is justified based on the circumstances and history of permitting by your Agency. We look forward to collaborating with you on a workable solution that meets the needs of both Cal Trans and the City of Huntington Beach. Please contact me at (714) 536-5544 or via e-mail at pdaveiga(Wsurfcity-hb.org if you have any further questions or comments. Sincerely, Paul a Veiga Economic Development Project Manager Attachments cc: Stanley Smalewitz,Director of Economic Development Kellee Fritzal, Deputy Director of Economic Development Leonie Mulvihill, Deputy City Attorney Jane James, Senior Planner Doris Powell,Assistant Project Manager Monica Wilson Pough&Sergay Ivazian Office of Outdoor Advertising Division of Traffic Operations, MS 36 P.O. Box 942874 1120 N Street,Sacramento,CA 94274-0001 Gerda Holstrom, District 11 —Office of Outdoor Advertising, Division of Traffic Operations, MS-230 4050 Taylor Street, San Diego, CA 92110 File / b11 GOWiv aOUIE -=O�L MOJECi H U`A� 12 ;ORA 406. 16.$f'..� 5 5? 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'1�; ;t ` 6 �N H;'• t t t .A`<'} rl ,A. , ,w h ✓' rf r ,i� ct kP�sG� Yrry � �r 1 t + "✓z t 1 1 t �� >Y'F ,�y _'.r ! q - I �l tf ' Sra I rr Pnlr ,� F'yt �rtx i k �' t yam• f u" � C .,- :]� :. rr '�' l''e i4U�r?'SY fiFr !�r 'v< JR � . 1.+��r •> ,�i�,z,�� r +Aa"Y °- :1.' , k..�,r I��r � �fs:9x :: �, ,: •+'+'"�^'`�� ,1F t-0a h��d �N°/J ���'9r }� f���,�T� .r ft v5' .v,. / .Thl` yr,+�.y-r r* ,,'1'wYII Fl►•n�"r y I r ,a�/ b .W f ar s C4'} ` -�� � y z n r• ` �' r r A r c r/r s ✓$r�.r` .. � -.Y4rn �,x �• t 1 t 4 + Jr ^ky d : ,> s, d ' �r�5 �+`4 r '� S r, tr' t�r` avl »� ) �, �,}✓ 1 + .,r tik f ' �4 Y ` ! }1r} .i,...:•r 4,.: � `n.( j '`' +, �,. ;�� t /' t f L/t:4+�,� �t��ze � 3� r k f�� ryu4'.'.e'w�..'�. �•s..y-C�.'..g tn,�,�� „� ia+,��t P C t..�.�..1.�.� r a�t iz,a�r;�`t"ci t �..�.,.'.! t,�t:r��. : Page 1 of 2 DaVeiga, Paul From: Monica Wilson [monica_wilson@dot.ca.gov] Sent: Friday,August 03, 2007 2:53 PM To: DaVeiga, Paul; Gerda Holmstrom Cc: Emery, Paul; Smalewitz, Stanley; Fritzal, Kellee; Mulvihill, Leonie; Sergay; Sergay Ivazian Subject: Re: Huntington Beach Electronic Readerboard Sign Thanks for meeting with the program yesterday.We will discuss the violation and the suggestion of the internet sales office with the Departments Legal Counsel,I am hopeful that we can discuss this further early next week. Please give Gerda or I a call should you have any questions. -----Original Message----- From: "DaVeiga,Paul" [PDaVeiga@surfcity-hb.org] Sent:08/03/2007 02:24 PM To: Monica Wilson;Gerda Holmstrom Cc: "Emery,Paul"<pemery@surfcity-hb.org>; "Smalewitz, Stanley" <SSmalewitz@surfcity-hb.org>; "Fritzal,Kellee" <KFritzal@surfcity-hb.org>; "Mulvihill,Leonie"<Imulvihill@surfcity-hb.org> Subject:Huntington Beach Electronic Readerboard Sign August 3, 2007 Dear Monica and Gerda, Thank you for the opportunity to meet with you this morning. We appreciate the information that you provided and potential solutions regarding the continued use of our readerboard sign. The original sign permit issued by Cal Trans was approved in 1992 with the understanding the dealerships that were members of the Automobile Dealers Association ("Association") would advertise on the subject sign since the Association itself operated an administrative office within the redevelopment project area. A substantial investment by the City, Agency, and Association was been made for the sole purpose of advertising Association dealers on the subject sign. We have since been informed through a Notice of Violation that after 15 years of continuous operation that Cal Trans claims that the subject sign is no longer consistent with the provisions of the State of California Outdoor Advertising Act. While the City disputes any such claims, we are willing to do what is necessary to comply with this recent position taken by your agency and would like to explore the option of having the Association operate an internet-based sales office"(s) within the Huntington Center Redevelopment Project Area in an effort to resolve this issue. The sales office (s) would conduct full time internet sales for each individual Association dealer having either a shared or individual location on the premises . Our contention is that by establishing an on-site internet sales office (s) that is operated and functions on behalf of all of the dealerships of the Association, there should be no question as to the dealerships ability to advertise on the subject sign. Moreover, the sales office (s) will operate under a valid DMV vehicle sales license and will be continuously occupied by employee (s) of the Association. This is one option of many that the City and Redevelopment Agency is exploring in order to resolve this issue. It should be noted, however, that we believe it is our right to advertise the Association auto dealers on the sign based on the 1 1/9/2007 Page 2 of 2 original permit issued by Cal Trans and the continued use of the sign which has not chant; ..: 15 years. We do not feel that the Notice of Violation is justified base , circumstances and history of permitting by your Agency. We look for ollaborating with you on a workable solution that meets the needs of botl_ '_ ',:ans and the City of Huntington Beach. Once again, thank you for your time. ? se contact me at (714) 536-5544 or via e-mail if you have any further que _ comments. Paul Da Veiga Project Manager Economic Development Department City oy€ tington Heath (714) 536-5544 11/9/2007 City of Huntington Beach 2000 Main Street . Huntington Beach, CA 92648 DEPARTMENT OF ECONOMIC DEVELOPMENT ` Business Development Housing - Real Estate - Redevelopment 0 714.536.5582 www.hbbiz.com fax 714.375.5087 July 6, 2007 Gerda Holmstrom Caltrans Traffic Operations MS230 4050 Taylor St. San Diego, Ca 92110 RE: APPEAL REQUEST—NOTICE OF VIOLATION NO. V 12-0008 Dear Ms. Holstrom: This letter serves as an official request for appeal of Notice of Violation No. V12-0008, issued to the City of Huntington Beach on June 18, 2007. The basis of the appeal is a pending redevelopment permit application that was submitted to your office on June 22, 2007. On May 3, 2007, City staff requested assistance from your department regarding extending the original permit for the sign (Permit#39771). We received an e-mail from Kenneth Parmelee of your office indicating that the permit had been cancelled and that the next step would be applying for a redevelopment permit. In the midst of our communication,we also received the subject Notice of Violation indicating that the existing sign does not have a permit. We respectfully request your immediate attention to this matter and are willing to comply with the appropriate permitting process for the subject sign. Please inform me of any additional information that you may need to proceed with our request. Feel free to contact me any time at (714) 536-5544 or via e-mail at pdaveiga ansurfcity-hb.org. Sincerely, Paul a Veiga Economic Development Project Manager Attachment Sister Cities: Anjo, Japan • Waitakere, New Zealand City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 DEPARTMENT OF ECONOMIC DEVELOPMENT Business Development Housing Real Estate - Redevelopment 714.536.5582 www.hbbiz.com fax 714.375.5087 June 22, 2007 Monica Wilson California Department of Transportation Outdoor Advertising Program,N15-36 P.O.Box 942874 Sacramento, CA 94274 RE: REQUEST FOR ISSUANCE OF REDEVELOPMENT PERMIT FOR ELECTRONIC MESSAGE CENTER SIGN Dear Ms. Wilson: Attached you will find an application for a redevelopment permit regarding the existing electronic message center sign. After researching our records and CalTrans requirements regarding permit issuance, we were unsure if there was a need to request an extension of Permit No. 39771. The existing sign is an 85-foot tall double-faced sign on a remnant portion of City-owned land between Center Avenue and the Beach Boulevard freeway off-ramp. The height and size of the sign are designed to be visible from the 405 freeway and to inform freeway traffic of the existence of automobile dealers on Beach Boulevard. On May 3, 2007, we requested assistance from your department regarding extending the original permit for the sign (Permit#39771). We received an e-mail from Kenneth Parmelee of your office indicating that the permit had been cancelled and that the next step would be applying for a redevelopment permit. In the midst of our communication,we also received a Notice of Violation (Viloation#V 12-0008) from Gerda Holstrom indicating that the existing sign does not have a permit. Please notify Ms. Holstrom that we are in the.process of applying for a redevelopment permit and are attempting to address this issue promptly. The City of Huntington Beach, as property owner, leases the parcel to the City's Redevelopment Agency who is co-applicant on the permit. The Redevelopment Agency in turn subleases the land to the Huntington Beach Auto Dealer's Association. The Auto Dealer's Association has existing agreements with the Agency to operate and maintain the sign while the City maintains the surrounding landscape. In addition, the auto dealers maintain an office within the Huntington Center Redevelopment Project Area as required under the current Development Agreement between the Redevelopment agency and Auto Dealer's Association. Please inform me of any additional information that you may need to proceed with our request. Feel free to contact me any time at(714) 536-5544 or via e-mail at pdaveiga(a)surfcity-hb-org. Since ely, Paul E at V ei a Econ is De men roject Manager Attachments Sister Cities: Anjo, Japan • Waitakere, New Zealand Powell, Doris From: DaVeiga,Paul Sent: Friday, May 11, 2007 4:02 PM To: Smalewitz, Stanley; Mulvihill, Leonie; James, Jane; Powell, Doris Subject: FW: City of Huntington Beach Follow Up Flag: Follow up Flag Status: Red Attachments: City of Huntington Beach.pdf Th�� City of Lington Beach.pd FYI -----original Message----- From: Kenneth 1�armelee [mailto:kenneth_parmelee@dot .ca.gov] sent : Thursday, May 10, 2007 10 :47 AM To: Gerda Holmstrom Cc: Monica Wilson; DaVeiga, Paul Subject : City of Huntington Beach Good morning Gerda, I received a letter from the City of Huntington Beach yesterday, requesting a permit extension for permit #39771. Here is a scanned copy of the letter: (See attached file: City of Huntington Beach.pdf) According to the ODA database, this permit was cancelled on October of 1998 , and I cannot determine the reason why. This permit is located in Orange County. Do you have the original permit file on this permit? Based on this letter, it appears that the City of Huntington Beach leases the parcel to the City's Redevelopment Agency, and the redevelopment agency subleases the land to the permitholder, the Huntington Beach Autodealer. The fact that there is a redevelopment agency involved in this project may explain why permit #39771 was cancelled. If we determine that this sign is in a redevelopment area, and that the advertising copy only includes businesses within that redevelopment area, I don't think we would grant a permit extension. I feel that the next step would be having them apply for a redevelopment permit . Could you please assist me on this matter? Paul Da Veiga of the City of Huntington Beach would like us to respond to him in writing. Thank you. Ken 1 STA?,- -%i i_tLt7f?NlA•DEPARTMENTOFTRANSPORTATION pit =;<. ADVERTISING (ODA) DISPLAY PERMIT APPLICATION Pa(jelol2 OD/', 12-V2006) ONAL INFORMATION NOTICE: DO NOT WRITE IN SHADED AREAS pu-s,K, fad(P.L93-579)and the lydomwtion PracticesActof 1977 DISTRICT COUNTY ROUTE POSTMIE PERMIT (Civil c, ..__:,s:'98.et seq.),notice is hereby given for the request of personal NUMBER . irdonn� - < 1 rr,regoesled personalinfamation 15 voluntary.The Principal purpos.^ - '-,1,abonislofacAt2fe the processm9ofMvsform.ThefaA"to ROAD ISTRELZ provide- - ......t'� :cvsuested information may delay proressrgotthisform.No disclm- ha-na—x iBbemade,rolesspermisvbleunderArtid66.Section 179&2= •�'"�,�-`•"`Ear �has�nghlupomequeslandpmWidenbkabm CSR NUMBER DATE GRANTED APPLICATION NUMBER twnspc: e__-a'.nfcr^.,ationinanyrecordrrafrdainedonthe'utdiviOualM�dentifY�9 pyhip+. , ADA r L _ :,".,rduals vrith sensory disabilities,this document is available in TEMPORARY PERMIT ISSUE DATE FlNAL PERMIT ISSUE DATE ahernat,.- t,ma7ancat(916)653-3657orTDD(916)b54-3Worvttileto Recorr- hAa;�j:rnenL112ONSteet.MS-89.Saaanrerio.CA95614. PERMIT EXPIRATfON DATE COMi- FC,TIONS.ISSUANCE OF A PERMIT WILL BE DELAYED UNLESS ALL ITEMS ARE FILLED IN AND THE PROPER FEES REMITTED. IF AP+ COPY W U BE RETURNED FOR YOUR RECORDS. www.dot.ca. ovioda MA,;� : __ AR:ii'tAENT OF TRANSPORTATION,Division of Traffic Operations MS 36;ODA Branch,P.O-Box 942874,Sacramento,CA 94274-0001 MW: c ;':SAYABLE TO:DEPARTMENT OF TRANSPORTATION,OR PROVIDE THE INFORMATION BELOW TO APPLICABLE CREDIT CARD. APP; ._' _N,,--ion refundable)............................................. © $300 PERMITFEES.................................. 2004-2008 $500 PEN: ,-_': r, 'i€tad if display was placed prior to 2005-2008 H $400 o-U! :mac)permit) ............................................... ❑ $100 2006-2008 ❑ $300 PRE; .: r .�1FW REQUEST 2007-2008 ❑ $200 ec, $700 will be applied towards 2008 ❑ $100 _: ,,w cation fee per CA Code of Regulations (Department operates on a 5 year billing cycle:2004-2008. _`486)................—..............-..................... ❑ $200 Companies that have more than 10 permitted displays; known as pro-rata companies, may pay on an annual basis) _ TUTALFEESPAlD: $ 300.00 METH:-- 't_- --� CHECK NUMBER 6 C I I ❑VISA ❑MASTERCARD ❑AMERICAN EXPRESS ❑DISCOVER E oration Date: t,7taUM$ER TOTAL FEES CHARGED A11TmiOR¢EDSiGNAIURE - . ❑; .:; 0TRLVISION7MESSAGE CENTER DISPLAY DREDEVBAPMENT DISPLAY ❑PRIVATE DIRECTIONAL DISPLAY ❑PUBLIC DtRECTIONAL DISPLAY PERM� := XPlea r nt omna- dncra O0AUCD4SCW LICENSE NUM" Hl ' -;; AUTO D R% ASSOCIATION _ _ 0 YES No Mf.+ STRF,=' -. ...;F,(-,At,1NOTbeaPcslOfrKeBox) CITY STATE ZJPCODE BUSINESS PHONE NO. 77 ,_ . �_ FR DRIVE 11TH FLOOR HUNTINGTON BEACH CA 92647 714-372-7209 MAILit. -: - ^'�rERENT(SVeelAddres CO or CITY STATE ZIPDE SA. SAME SAME SAME PROPi_; _; --_FrtVysonincaridd tp--hkh&VtayisshQied) ASSESSOWSPARCEINO- ZONING EC 142-34-212 C-2 REDEVELOPMENT' -- - S1REr -- BOX CITY CITY STATE IZIPCODE BUSIJESSPHONENO. 20CU 0? STREET HUNTINGTON BEACH CA 192648 714-536-5582 7. '. .- COUNT CITY NAME(it incotporated) (drde) i STATE ROUTE NUMBMOR ROAD ISTREETNAME OR¢-I=;3_ HUNTINGTON BEACH I ON THE NME W SIDE OF 405 FREEWAY FEET/t.".': .5 (Urcle) NAME OF NEAREST CROSSROAD,OVER/UNDERPASS 600 ,y BEACH BLVD IDENTI Ni. ,S ACTIVITY BY NAME THAT ISWITHiN1,0DOFEETOF THE DISPLAY LOCATION STREET A OFTH IJE IVfTY 1107, .. r .JNT4NGTON BEACH 7667 CENTr A�l�HIMI GTON BEACH • • • • •DOCUMENT NOTE:',, f�p�d structures are separate displays a d require two a (cations icaions submitted without ALL of the fot ppt Applications Iwvlrmg documents will be rettxrted: c- - --- 0 Mgcfm gPer I(Cdy-Countywmtenpw-ssion)- _: r:;E SIDE ✓❑BOTHSIDES ❑1nOFAVSWWEDDISPLAY ❑r Deta'IedpldmapofVreproposedWspiay1op6on PANEL ---- -�i7 LEf7GTH DISPLAYIONUMBER(optional) ❑, EvidenceolPmpestyOHnersCorsert'- ;. 41 AsseworsParoelMap OG}TTC,AT' t:r:4TiF=rL ❑ Assessor'sProperlyOwnershiptrdon n— ✓ME TAL 0 WOOD QOTHER 0. caor>sernaReddoprrle�p9er>c7(�appricade) ILL INA i(L4, i INDICATE F DISTANCE FR BOTTOM PANEL TO GROUND '•NOTE:Notr Bs a limin review YES p N S(� 40' CHECK ONE ✓❑ Animprtntisplacedalthelocation ✓❑ELECTRONiCBOARD ❑✓ LE-D. ❑✓ TRt-VISION ❑ AnoTrtrvwilleplacedbf. (Date) g : NAME(Plc,_,D e:`; IGNATU OF APPU ORAUTHORIZEDAGENi BUStNESSPHONENO, DATE Jim unp ,r 714-372-7209 5-14-2007 ADDRESS? Center Drive filth Floor CITY Hu n9ton Beacti ISTATE Ca ZIP CODE 92647 TheappBc�n:irreL-yag, estoplamandniWriainvwadverusingdisoaydcuri inacmrdancemtMneprovisorsofVi-OLadwAdvwugngAd.Sfate Regulatias.andkxNzororgordirences.The applimntce:tr,^_.;ratthe statemerismadein Visappliotionaretrue,andun Itatan'rncwrea smtementoffact may he grau,dsfor permutdv,ialorfor pemitrewration STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION CERTIFICATION BY DISPLAY OWNER OF MESSAGE CENTER WITHIN REDEVELOPMENT PROJECT ODA-0050(REV.01/2002) The undersigned hereby certifies the desires to place a message center in accordance with Business&Professions Code,Section 5273,and understands that advertising displays advertising those businesses and activities developed within the boundary limits of,and as a part of,an individual redevelopment agency project may,with the consent of the redeveloping agency governing the project,be considered to be on the premises anywhere within the limits of that project when all of the land is contiguous or is 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 for a period not to exceed 10 years or the completion of the project,whichever first occurs, after which Section 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.The 10-year period for existing displays shall commence on January 1, 1986. In addition,the undersigned certifies that said message center will be operated so that it meets the following criteria: a)The proposed display will have no illumination that is flashing, intermittent,moving or appears to be in motion b)The display message will not change at a rate faster than one message every four seconds c)The interval between messages will not be less than one second d)The intensity of the illumination will not change e)The proposed display will not be placed within 1,000 feet of another message center display on the same side of the highway MESSAGE CENTER OWNER(Print Name of Firm or Owner) SIGNA JUE MESSAGE CENTER OWNER OR AUTH D AGENT HUNTINGTON BEACH AUTO DEALER ASSOCIATION MESSAGE CENTER LOCATION(FOR OFFICIAL USE ONLY) �•.$/��.f ��fj DA 5/14/2007 Consent by Redevelopment Agency Consent is granted for placement of the proposed message center within the boundaries of the Redevelopment Project identified in the attached Official Redevelopment Project description and/or map and known as: PROJECT NAME(Print) HUNTINGTON CENTER COMMERCIAL DISTRICT REDEVELOPMENT PROJECT AREA YEAR LEASE 8 RELOCATION AGREEMENT EXPIRES SIGN E OF AUTk lZED ENT 2024 �A1-1L�`� Nt�(•�--1^I i�L NAME OF GOVERNING AGENCY ECONOMIC DEVELOPMENT 2000 MAIN STREET AGENCY ADDRESS HUNTINGTON BEACH,CA 92648 ADA Notice For individuals with disabilities,this document is available in alternate formats.For information call(916)654-5413 Voice.CRS 1-800-735-2929 or "'rue to:Outdoor Advertising Branch,1120 N Street-MS 36,Sacramento,CA 95814 No. 051331 TINGTON BEACH _4 CITY OF HUN 4 DEPARTMENT OF DEPAR 2000 MAIN ST. - COMMUNITY DEVELOPMENT V tv HUNTINGTON BEACH, CA 92648 RO BOX 190-CALIFORNIA 92648 714)536-524 t VA tie L It it 0 2Vc?` -9 t' pldg X IS V Si:._D G W n r ifl G",LA, L."'ov'K P vo:"ai-N� 's, (4N 17 T J1qC- 2 3 ?2 t U .NC-1 G�_4�_1101:1-.'N GROVE- & clwwof-ri, s. Y' 7 Z-- r C • V t Ozl� 1 C:i, d b I C C:.qQ 01 U S.r- J. A a Z's cn f 44:Z f. j.;:1 t R Ai'l I-: P,34_'C 6 Q 0 i 1,3!-i 1 1A I 1E, t,3 "lo f�o;�v -y 4 IN! I E),-�: J 1 N S ERVIC!"I us" 2: f lco,? c,i,,,- , v C b 1,_�9 1:1 ,z"i rr, ec e 1 p 1: 8 IRTIFICATE OF EXEMPTION FROM WORKER'S COMPENSATION INSURANCE OWNER-BUILDER DECLARATION section need not be completed it the permit is tor one hundred dollars($too)or less,) I hereby atfirm that I a, exempt from the Contractor's License Law to, the following reason 11sec. ty that in the pectonmance at the work for which this permit is issued,I shall not employ any 7031-5) Business and professions Code: Any city or county which requires a Permit to construct,im any man,.r so as to become subject to worker's Compensation Laws alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant Applicant to, such E 10 APPLICANT 11, alter mahing this Certificate of Exemption. you should become subject to permit to file a signed statement that he is licensed pursuant to the provisions of the )rke's Compensation provisions of the Labor Code,you must forthwith comply with such provision Contractor's License Law (Chapter 9) (commencing with Section 7000) of Division 3 of the ti=`it shall be deemed revoked. Business and Professions Code, or that he is exempt therefrom and the basis for the alleged LICENSED CONTRACTORS DECLARATION exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant ,y affirm that I am licensed under provisions of Chapter 9 (commencing with Section 70001 at to a civil penalty of not more than five hundred dollars f$500).J. 1 3 at the Business and Professions Code•and my license is in full force and effect 0 1, as owner of the property,of my employees with wages as their sole compensation,will do the �Number L.c Class work•and the structure is not intended or offered for sale fSec 7044)Business and Professions Code* ;for Date The Contractor's License Law does not apply to an owner of property who builos,or improves thereon, and who does such work himself or through his own emp,'oyees, provided InPf 1—h I exempt from the licensing necju,,i,,en1s.5 1 ar,i b hceru,ed architect or a e slere are r 1 jmcer acting in my professional capacity(Section 7051.Businessa,t P_,,- 4' -'� - EXISTING SIGN Z7-0"w 1 I . . �' - City Building Permit 9-4-92 - Original State Permit 3-18'-92 1 Huntington Beach BLVD of CARS EXIT -BEACH BLVD 46'-0• FORD TOVOTA *4mc Q � x • � � 52 b q• ,p, � t • IM 39'-0* 00 > .�. VIr 0 1 A. P _ rd :FADDEN r r - ■ ■ I lS ■ I '9� ■ - ■masrer.a iC` . - ■ r ■ r r r r •' D ED i CENTER DRIVE ��- --- 4mr.wrrr� ■ ff J S y N 0 �`. I I B H . 1 �� �/ ■ m _ w co _J V EOINGER AVE. ■w ! r ® � _� i _� ■rmarmara®arerrrrsar ■ _ r ! ■rrrwwmrwamiw ■r m r r r r w rw r r wa - ®rwmrrrwwwwa.e.o HUNTINGTON CENTER COMMERCIAL DISTRICT REDEVELOPMENT PROJL\,- HUNTINGTON BEACH CAMORNIA A R E-A PLANNING DIVISION City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 DEPARTMENT OF ECONOMIC DEVELOPMENT Business Development Housing - Real Estate Redevelopment d , 714.536.5582 www.hbbiz.com fax - 714.375.5087 June 22, 2007 Monica Wilson California Department of Transportation Outdoor Advertising Program,M5-36 P.O. Box 942874 Sacramento, CA 94274 RE: EVIDENCE OF PROPERTY OWNERSHIP/PROPERTY OWNERSHIP CONSENT Dear Ms. Wilson: This letter serves as verification that the subject site is within the City's right of way and thus, is owned by the City of Huntington Beach. Please see the enclosed Cal Trans form which contains the certification by display owner of the message center within the Huntington Center Commercial District Redevelopment Project Area. The property owner consent was signed by Stanley Smalewitz, Director of Economic Development. Sincerely, Paul a Veiga Economic Development Project Manager Sister Cities: Anio, Japan • Waitakere, New Zealand e ram.75" i r 27Go' � 276n` f 2_40 53.'7p' 9.ys' St.Sc J?•Q5, 28 Lof Sl.SO 1 I3s 59' 2.40' /00 f EDINCER AVE. :m 34 \ Z�l 0 8n-30-I250-POR 22 ��= '�o0' Y td-3O 414-PDR9 78 �SBE i4B- REfT 30-4l6 CENTER SBE/48-30-4/F-POR.3 N 3.23AC, SAIEW-30-41A-11 4 4�_t9' /83b5' 342.Z6• g j 416--! /.0 M 3.4 . /'53.06' �• 93 � � � � AC.(C) f 13.47AC. 8o505 P. M. 255 - 40 1177 AC. J72.56' g9 P. M , 2 5 5 - 4 O ctl 18.40AC. 9.87AC. 61 SEE DETAIL o Iti9.49' tso SAfELTZER AVE.J AVENUE o W PARKS/DE J L ANE-( t 13 =�t F w O E 33 t4 h NOTE - ASSESSOR'S BLOCK 8 ASSESSOR'S MAP PARCEL NUMBERS BOOK 142 PAGE 0 7 r SHOWN IN CIRCLES COUNTY OF ORANGE - City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 DEPARTMENT OF ECONOMIC DEVELOPMENT Business Development - Housing - Real Estate - Redevelopment 714.536.5582 www.hbbiz.com fax 714.375.5087 June 22, 2007 Monica Wilson California Department of Transportation Outdoor Advertising Program, M5-36 F.O. Box 942874 Sacramento, CA 94274 RE: EXISTING HUNTINGTON BEACH AUTO DEALERS ELECTRONIC FREEWAY DISPLAY Dear Ms.Wilson: Attached is a list of the dealers belonging to the Huntington Beach Auto Dealers Assoc Ration. These dealers are allowed to advertise on the existing electronic freeway display sign, which is located within the Huntington Center Commercial District Redevelopment Project Area. Sincerely, Paul Da Vei Economic Development Project Manager Sister Cities: Anjo, japan • Waitakere, New Zealand Huntington Beach Auto Dealers Association 7755 Center Avenue Huntington Beach, CA 92647 Huntington Beach Chrysler, Jeep, Saturn of Huntington Beach Hummer Heritage Mazda Huntington Beach Ford Toyota of Huntington Beach Douglas Nissan of HB DeLillo Chevrolet Huntington Beach Dodge Norm Reeves Honda Huntington Beach Mitsubishi McKenna Motors Huntington Beach *City of Huntington Beach/ Redevelopment Agency 2000 Main Street Huntington Beach, CA 92648 (714) 536-5544 Fax 375-5087 *5% For Public Service Advertizing. G:Doris/Auto Dealers Association List City of Huntington Beach - Business License P.O.Box 711 714 536-5267 FAX 714 536-5934 California 92648 Dan T.ViIlella,CPA Finance Director HUNTINGTON BEACH AUTO DEALERS ASSOCIATION INC-BID 7755 CENTER AVE#1100 HUNTINGTON BEACH CA 92648 Dear Business Owner: Thank you for your payment. Attached is your City of Huntington Beach Business License. Please note that approximately one month prior to the license expiration date,you will be mailed a renewal notice for the coming year. If for any reason your renewal notice does not arrive,you are still responsible to renew and pay your business license amount prior to the expiration date. You will incur penalties if this payment is not received by the expiration date. Please post the business license in public view. If you do not transact business from a fixed location within the city,you must carry this license with you at all times. Your business vehicle should also carry this license,and the license plate number of the vehicle(s),if applicable, should match the one on the business license. Please notify Business License if there are any changes of ownership,address,business name,business vehicle,or type of business conducted. Additionally,please notify the city if you discontinue your business. There are many resources available to our licensed business people.We have listed a few that might be of interest and assistance to you. City of Huntington Beach Economic Development Department-714-536-5582 Huntington Beach Chamber of Commerce-714-536-8888 Huntington Beach SCORE(Service Corps of Retired Executives)-714-550-7369 Fictitious Business Name Information-714-834-2889 State Board of Equalization(seller's permit information)-714-558-4059 If you have any questions,please call a Business License representative at 714-536 5267. City Of Huntington Beach Business License Business Name/Service Address License Number A266335 HUNTINGTON BEACH AUTO DEALERS ASSOCIATION INC-BID 7755 CENTER Unit: 1100 HUNTINGTON BEACH `License Type Effective Date 05/01/2007 Exempt Expiration Date 04/30/2006 Owner!Corporation i HUNTINGTON BEACH AUTO DEALERS ASSOCIATIO THIS LICENSE IS ONLY FOR THE BUSINESS AND Amount Paid $21.86 TYPE SHOWN. IT IS FOR THE PERSON TO WHOM ISSUED AND IS NON-TRANSFERABLE. RENEWAL IS SIC 5511 DUE ON OR BEFORE THE EXPIRATION DATE. POST IN PUBLIC VIEW f�`Coca STATE OF CALIFORNIA TRAM DEPARTMENT OF TRANSPORTATION a OUTDOOR ADVERTISING BRANCH PURSUANT TO THE TERMS OF CHAPTER 32, STATUTES OF 1939 AND AS EFFECTIVE AMENDED PERMISSION IS GRANTED TO PLACE AND MAINTAIN AN ADVER• JANUARY 1,1992 TISING DISPLAY. PERMIT OWNER NUMBER 39771 DISPLAY # HIGHWAY FEE PAID $20.00 DISTRICT COUNTY POST MILE ROUTE 12 Ora 6 PENALTY 405 Q D APPLICATION DISPLAY HuntingtonBeach PRIOR YER. LOCATION TOTAL PAID $30O r- Huntington Beach Redevelopmt DISPLAYADDRESS 2000 Main S OWNER ''t . DATE ISSUED: 0 3/1 8/9 2 (� HuntingtonBeach, CA 92648 SIZE: 14 x 3 0 THIS PERMIT DOES NOT AUTHORIZE VIOLATION OF ANY ZONING ORDINANCE SECTION 5359 PROVIDES THAT THE ISSUANCE OF A PERMIT DOES NOT AFFECT THE OBLIGATION OF THE OWNER OF THE ADVERTISING DISPLAY TO COMPLY WITH A ZONING ORDINANCE APPLICABLE TO THE ADVERTISING DISPLAY UNDER THE PROVISIONS OF THIS CHAPTER NOR DOES THE PERMIT PREVENT THE ENFORCEMENT OF THE APPLICABLE ORDINANCE BY THE COUNTY. EXPIRATION DATE DEPUTY DIRECTOR nF(EMRFR 31. 1992 NOTICE The enclosed permit is issued in conformance with Chapter 2 of the Business & Professions Code only. It does not include or imply permis- sion for the permitteeto either trim, cut or other- wise alter any vegetation or growth within the highwa,� right of way to create or improve �FAYa i9w ,, h c rmitted display nor does it li w +>�� vi otherwise alter any such vegetation or growth or grant permission to the permittee or his/her agents to do so. .1y City ®f Huntington Beech T� 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF ECONOMIC DEVELOPMENT Office of the Director 536-5582 Hots 0u� 536-5542 Redevelopment 536-5582 Fax (714) 375-5087 February 12, 1992 State of California Department of Transportation ' 1120 N. Street P.O, bc. �;42874 TDG J Sacramento, California 94274-0001 Dear Mr, Lancaster: Enclosed 'is our application for a State Outdoor Advertising Structure Permit along with a site diagram and a check for $40 (forty dollars). We have provided a line of site marker for your site inspector. Please have your inspector contact nr7y office prior to going to the site so we can be sure the marker is still in place. Our resezic;h shows that our site lies within the non-bonus areas (between mile markers 1668-16�3: . Please let us know if you concur with this conclusion. My phone number is (714) -3 ,_'J224. Also, if you have questions regarding our permit application please do not hesitate to call me. Thank yco for the thoughtful assistance you and your staff has provided regarding our, permit application. Sincerely, Thomas Andrusky Assistant Project Manager TA-.jar xc: Barbara A. Kaiser, Deputy City Administrator/Economic Development s STATE OF GALIFORNIA—OEPAFaM"T OF TRANSPORTATION v OUTDOOR ADVERTISING BRANCH Do not write in this space TRANSPORTAT1oN BUILDING,1120 N STREET, P.O. BOX 942674, SACRAMENTO,CA 94274-0001 District....? ... Co.. r a 12te 40 5 APPLICATION FOR STATE OUTDOOR Road .l ............... ................. 2 PosttMilee 6 4L. ..........1.6., L.................ADVERTISING STRUCTURE PERMIT Audit No. ........;.9.2-119.0.0............. Display Type: General Advertising❑ Message Center ® Date grantea-18-9.2.. C.R.No. .39.5...... Exception (5405 et seq.) ❑ Complete all Sections.A copy will be returned for your records.Issuance of a permit will be delayed unless all items are filled in P and the proper fees remitted. Make checks,money order��SS,��et . payable to the Department of Transportation. Application Fee(non-refundable) ............. $30.00 $ . - b.......... Permit Fee(refundable if application not V-shaped structures are approved unless previously cited) ........... 10.00 $ ..L0-00.......... j Penalty Fee(assessed if applicant placed separate displays and structure prior to approval) 10.00 $ .................... require separate applications. Preliminary Review Request Fee (only if prereview is requested)• ............. $30.00 $ .................... All permits expire December 31. 1. DISPLAY OWNER HUNTINGTON BEACH REDEVELOPMENT AGENCY PRINT NAME OF FIRM OWNING STRUCTURE/SIGN CITY OF HUNTINGTON BEACH, 2000; Maih Street ' HUNTINGTON BEACH, CA. 92648 PRINT NAME OF OWNER OF FIRM STREET ADDRESS P.O.BOX CITY ZIP 2. PROPERTY OWNER OR.PERSON IN CONTROL OF PROPERTY UPON WHICH DISPLAY IS SITUATED HUNTINGTON BEACH REDEVELOPMENT AGENCY, 2000 MAIN STREET, HUNTINGTON BEACH, CA. 92648 PRINT NAME STREET ADDRESS CITY ZIP If consent to placing is written a copy of the consent document must be included. PROPERTY OWNER MUST SIGN HERE if consent is VERBAL 3. Display to be installed in ORANGE /HUNTINGTON BEACH on the SOUTH side of 405 FREEWAY NAME OF COUNTY NAME OFINCORPORATEDCM N.SEW. STATE ROUTE NO. e e ' e s WEST p f BEACH BLVD. ROAD OR STREET NAME TA N.S.E.W. NAME OF NEAREST CROSS ROAD.OVERIUNDERPASS S 0 ' -e:s t ,, +�-34—�-]2 REDEVELOPMENT ZONE C-2 Z_ 2 ;AS ,ESSS R. P 0o Q? ZONING 4. Proposed atiCon�date��Owner's Identification No. N 1A _If display has been cited,Notice No. N/A 5. To be placed by REDEVELOPMENT AGENCY, 2000 MAIN STREET, HUNTINGTON BEACH. CA, 4264$ NAME OF FIRM ADDRESS 6. Display Location Sketch: Show. U.S. or State Route Numbers or Name of Street; Show Name of Nearest Crossroad, Over/Underpass; or Nearest Landmark; Indicate Single Panel thus— I; Indicate V-shaped Display thus—V. Show distance of display from intersection. THIS SPACE FOR LOCATICIN SKETCH N 7. DESCRIPTION OF DISPLAY Material(check) Panel: Height 14 Length 30 Wood O Metal 10 Other ❑ w E Uprights:Number 2 Size 51 ❑ Q ❑ S Distance between panel acid ground 66 Illumination? VFg Reflector Material N/A lilt III Copy one side ❑ Both sides Indicate facing EAST & WEST le -- ;4 of a V-shaped display Q 'APP.ROVED ON-PREMISE 8. Advertising Copy: COPY ONLY" ' CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY The applicant hereby agrees to place and maintain the advertising described above in accordance with the provisions of.the Outdoor Advertising Act local zoning ordinances, and any other applicable regulations. The applicant certifies that the statements made in this application are true, am ,understands that any incorrect statement of fact may be grounds for the denial of a permit or for revocation if already granted. HUNTINGTON BEACH REDEVELOPMENT AGENCY SIGN I-IEREI 000 MAIN STREET California, FEB. 5TH ,19 92 DISPLAY OWNER OR AUTNORI ED A UffJNTIIJGTON BEAff, 4A. . 92648 DATE ' FORM DMO-M-ODA-2 NOTE REVERSE SIDE FOR PLACEMENT CRITERIA Reverse side must be completed (REV.9188) for Federal-Aid primary and Interstate Highways. GENERAL INFORMATION GENERAL CRITERIA A A State permit is required if the display will be visible from any highway or county road before the display is placed. B. The approval of local zoning authorities is required in addition to a State permit. CRITERIA FOR 'ALL INTERSTATE AND PRIMARY— HIGHWAYS AND ALL PUBLIC ROADS LOCATED OUTSIDE OF INCORPORATED CITIES (A "NO"answer to any Question indicates the sign might not be permit table.) e one) 1. Location must be outside of the right of way of any highway. Yes No 2. Display may not be designed to imitate or simulate any directional,warning,information or official sign Yes No nor be likely to be construed as one or giving any instructions to traffic. 3. Location must be outside of any stream,channel or below flood-water levels. Yes No 4• Display must be designed so there is no red,blinking or intermittent light that might be mistaken for a warning Yes No or danger signal. 5. Display may not be designed to have any illumination so bright or so placed to blind or dazzle travelers Yes No on the highway. 6. Display must be at least 300'from any intersection except on the crossbar side of a T-intersection. Yes , No 7. Display must be located so as not to obstruct or prevent a clear view to approaching vehicles for a distance CYes. No of 300'unless some other permanent building or structure already obscures such vision- 8. Display must be located so as not to prevent any traveler on any highway from obtaining a clear view Yes No, of approaching vehicles for a distance of 500'. CRITERIA FOR ALL PRIMARY AND INTERSTATE HIGHWAYS ONLY- le one) 1. Location where sign will be,must be within 1000'of an existing industrial or commercial activity. Yes No 2. Location where sign will be placed must be zoned"industrial"or"commercial". es No 3. Sign will be without any flashing or moving lights.(Time,date,temperature signs are permissible.) Yes No 4. Sign will be at least 50V from the nearest sign on the same side if next to a freeway. Ye No 5. Sign will be at least 300'from the nearest sign on same side if next to a non-freeway highway Yes) No outside of an urban area 6. Sign will be at least 100'from the nearest sign on same side of a non-freeway within an urban area Aye No 7. Sign will be at least 500'tram an interchange or roadside rest If outside of an urban area No 8. Sign will be 1200 square feet or less in area,and not over 60'long or 25'high. No ADDITIONAL CRITERIA Displays may not be permitted if adjacent to and designed primarily to be viewed from a landscaped freeway", IF SIGN LOCATION IS ADJACENT TO BONUS SEGMENT OF AN INTERSTATE HIGHWAY": Location must be at least 2 miles in advance of next exit roadway. Location must be at least 1000'past the last entrance roadway. Display must be at least 1 000'from the nearest sign facing same direction of traffic on either side of highway. Sign may not exceed 150 square feet in area or 20'in length or height. Sign will have no moving or animated parts or any type of flashing light. The undersigned certifies that the responses fisted above are true and correct and that he or she has verified their accuracy.The undersigned applicant further agrees that if any of the above statements are incorrect,they maybe grounds for denial of this permit or revocation if a permit has already been granted based on such information. "DEFINITIONS. FEDERAL-AID PRIMARY HIGHWAY: "Primary highway"means any highway,other than an Interstate highway,at any time officially designated as a part of the federal-atd primary system by the director and approved by appropriate authority of the federal government. INTERSTATE HIGHWAY. "Interstate highway"means any highway at anytime officially designated as a part of the national system of interstate and defense highways by the director and approved by appropriate authority of the federal government. BONUS SEGMENT OF INTERSTATE HIGHWAY.• "Bonus segment" means any segment of an Interstate highway which was covered by the Federal-Aid.Highway Act of 1958 and the Collier- Tberg Act,namely,any such segment which is constructed upon right-of-way,the entire width of which was acquired after July 1, 1956. LANDSCAPED FREEWAY: "Landscaped freeway"means a section or sections of a freeway for which a contract has been let for planting at least on one side of the freeway right-of-way of lawns,trees,shrubs,flowers or other ornamental vegetation which shall require reasonable maintenance. �J 1. , . CERTIFICATION By DISPLAY OWNER COVERING MESSAGE CENTER DISPLAYS The undersigned hereby certifi®a that they dasire to place a mea'saga center display on their property and understand that such display may only be used to advertise the business con— ducted or services rendered or goods produced or sold on the property on which the display is to be placed . In addition , the undersigned certifies that said display will be opexated so that it meets the following criteria : (a) The proposed display will have no illumination which is in continuous motion or which appears tro be in continuous Motion . � � {b) The display mauxage will not change at a rats faster than one message every four second6 . (c) The interval between messages will not be less than one s®cand . , (d) The intensity of illumination will not change . (6ignattare) - a SzIATE OF CALEFORNIA—BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER.Govemor DEPARTMENT OF TRANSPORTATION DISTRICT l l 4050 TAYLOR STREET SAN DIEGO,CA 92110 MS230 PHONE (619)688-3282 Flex your power! TTY 711 �9 r t Be energy efficient! JUN 2 0 2007 June 18, 2007 DEPRTT OF ECONOM C DEVELOPMENT City of Huntington Beach Redevelopment Agency 2000 Main Street Huntington Beach, CA 92648 To Whom It May Concern: This letter is to clarify the reason you are receiving the enclosed Notice of Violation of the Outdoor Advertising Act. The Huntington Beach Auto Mall sign located on City of Huntington Beach property on State Route 405 approximately 900 feet west of Beach Boulevard is in violation because it is advertising without an off-premise Outdoor Advertising Permit and it is located adjacent to a landscaping segment of a State freeway. Please call me at(619)688-3282 if you have any questions. Sincerely, GERDA HOLMSTROM Outdoor Advertising Program Department of Transportation, District 1 l be: Huntington Beach Auto Dealers "Coltrans improves mobility across California" �>l�� � : �A✓,�'/FAA �- / r lu�v��i�/� 7�1or�'1 ��Yi�< i,,, �� STATE OF CALIFORNIA-BUSINESS,TRANSPORTATION,AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DIVISION OF TRAFFIC OPERATIONS OUTDOOR ADVERTISING PROGRAM PHONE (916)654-6473 INTERNET ADDRESS http://www.dot.ca.gov/oda June 15, 2007 NOTICE OF VIOLATION OF THE OUTDOOR ADVERTISING ACT FORM E-OA-3(Rev.11/98) CERTIFIED MAIL City of Huntington Beach VIOLATION NUMBER: V12-0008 Redevelopment Agency COUNTY, RTE, PM: Orange,405, 16.64 L 2000 Main St. DISPLAY LOCATION: 987 ft.W of Route 39-- Beach Huntington Beach, CA Blvd. 92648 DESCRIPTION OF DISPLAY Panel: Height 25 Length 20 Sq. Feet 500 U,or/ghts. Number 2 Size 5 x 5 Material Other Distance, Bottom of Panel to Ground 66 feet Illumination Yes Panel On: C One Side • Both Sides O V-Shaped Display opy Contained on Panei(s): Auto Mall You are hereby notified that the display described above is in violation of the Outdoor Advertising Act, Business and Professions Code. X Business and Professions Code, Section 5350 No Person shall place any advertising without first having secured a written permit. X Other: Display adjacent to a landscaped freeway(Section 5440 of B&P Code). Describe: You are required to do one of the following within 30 days from the certified mailing date of this notice. Either: 1. Correct the violation and notify person below of compliance. 2. Remove the display and notify person below of compliance. 3. Appeal pursuant to the Government Code, Section 11500. Send written appeal to: California Department of Transportation Division of Traffic Operations Outdoor Advertising Program, MS-36 P.O- Box 942874 Sacramento, CA 94274-0001 Extensions of any time period can only be granted in writing from the Outdoor Advertising Program Administrative Office in Sacramento. Lack of compliance will make you Subject to the Penalty provision of Business and Professions Code, Section 5485, attached hereto. "Caltrans improves mobility across California" Business and Professions Code,Chapter 2 Section 5485(b)(2)(c)(d) (b) If a display is placed or maintained without a valid, unrevoked, and unexpired permit, the following penalties shall be assessed: (2) If the advertising display is placed or maintained in a location that does not conform to the provisions of this chapter or local ordinances,and is not removed within thirty days of written notice from the department or the city or the county with land use jurisdiction over the property upon which the advertising display is located,a penalty of ten Thousand dollars ($10,000) plus one hundred dollars ($100)for each day the advertising display is placed or maintained after the department sends written notice share be assessed. (c) In addition to the penalties set forth in subdivision(b),the gross revenues from the Unauthorized advertising display that are received by, or owed to,the applicant and a person working in concert with the applicant shall be disgorged. (d)The department or a city or a county within the location upon which the advertising is located may enforce the provisions of this section. California Code of Regulations Title,4, Chapter 6 Section 2441 Violations for Permanent Displays (a)When the Department determines a permanently placed Display violates the Act or these regulations,the owner of that Display is given a written violation notice by certified mail that the Display is in violation and subject to removal, and the owner is liable for all statutory penalties and, if the Display is removed by the Department, actual costs of removal. (b)The violation notice states the violation,the owner's responsibility to respond, and the owner's opportunity to request a review by the Director pursuant to the provisions section 2241 (b)of these Regulations. (c) If the display has been issued a permit, the violation notice is issued to the Permittee unless the Department has been notified in writing that another party with a property interest in the Display also has requested notice of any action concerning the Display. When a Permittee differs from the name on the Display, it is assumed the Permittee is the Display owner and the entity named on the Display is only maintaining it, unless the Department has been notified otherwise. When the owner of the Display is not plainly displayed thereon and no permit exists,the violation notice shall be issued to either the property owner at the address on record with the county assessor's office or the advertiser identified on the Display. (d)A new violation notice is not issued if the Display is sold,transferred,or the copy is changed. When purchasing a Display, the new Display owner is responsible for determining the legal status of the Display by contraction the Office of Outdoor Advertising. (e)The owner has 30 days from the date of the certified mailing of the violation notice to respond as follows; (1)Correct the violation, or (2)Remove the Display,or (3)Appeal to the Director in writing pursuant to the provisions of section 2241 (b) of these Regulations. This request shall contain a statement of reasons supporting the Appeal pursuant to Section 2442 of these regulations. "Caltrans improves mobility across California" (f) The cv ner's failure to respond to the violation notice within 30 days of the date of its certif 6u mailing results in a waiver of the right to Appeal the following: (1)The va idity of the violation(s) stated in the violation notice. (2) Rer :_ :_si of the Display by the Department without further notice at the owner's expense. (3)The pe iod of time allowed for correction of any violation. (4)The amount of any fine, penalty, or assessed removal costs. Section 2442 Review of Violation Notice Any p-rs,_r,or entity served with a notice of violation pursuant to the Act or these regulations may appeal to the Di actor in writing pursuant to Section 2241. The cited person or entity may contest any or all of the following aspects of the notice of violation: (a)The crcurrence of a violation of the Act or these regulations. (b)The amount of any fine, penalty, or assessed removal costs. (c)The rt:moval of the advertising display. If you hpwE any questions, please call the telephone number provided on the header of the Notice of Violation. in any written correspondence, please include the violation number listed on the Notice of Violation. Failure to respond in writing to this Notice of Violation will be considered a waiver of your right to protest the violation. Thereafter, you are subject to the above fines and the display will be removed and destroyed at the expense of the person or company in violation. *The Proceedings are governed by the Administrative Procedure Act, Government Code, Section 11500 et seq. The Depw�ment has adopted Administrative Hearing Precedent Decisions pursuant to Government Code section 1 11 425.60 which may be applicable in certain appeals. The Department's Precedent Decisions can be accessed through the Outdoor Advertising programs home page www.dot.ca.gov. Gerda Holmstrom District Chief, Outdoor Advertising "Caltrans improves mobility across California" STAE OF CALI'ORMA—BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER.Governor DEPARTMENT OF TRANSPORTATION DISTRICT 11 4050 TAYLOR STREET 'SAN DIF`: ->,CA 92"110 MS230 PHONE (619)688-3282 D Flex your power! 7TY711 JUN 2 0 2007 Be energy efficient! DEPARTMENT OF June 18, 2007 ECONOMIC DEVELOPMENT City of Huntington Beach Redevelopment Agency 2000 -�Ntain Street Huntington Beach, CA 92648 To Whom It May Concern: This letter is to clarify the reason you are receiving the enclosed Notice of Violation of the Outdoor Advertising Act. The Huntington Beach Auto Mall sign located on City of Huntington Beach,property on State Ro-ote 405 approximately 900 feet west of Beach Boulevard is in violation because it is advertising without an off-premise Outdoor Advertising Permit and it is located adjacent to a landscaping segment of a State freeway. Please call me at (619)688-3282 if you have any questions. �v Sincerely, r G��✓ GEIWA HOLMSTROM Outdoor Advertising Program Department of Transportation, District 11 bc: Huntington Beach Auto Dealers "Caltrans improves mobility across California" STATE OF CALIFORNIA- BUSINESS,TRANSPORTATION,AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DIVISION OF TRAFFIC OPERATIONS OUTDOOR ADVERTISING PROGRAM PHONE (916)654-6473 INTERNET ADDRESS http://www.dot.ca.gov/oda June 15,2007 NOTICE OF VIOLATION OF THE OUTDOOR ADVERTISING ACT FORM E-OA-3(Rev. 11/98) CERTIFIED MAIL City of Huntington Beach VIOLATION NUMBER: V12-0008 Redevelopment Agency COUNTY, RTE, PM: Orange,405, 16.64 L 2000 Main St. DISPLAY LOCATION: 987 ft. W of Route 39--Beach Huntington Beach, CA Blvd. 92648 DESCRIPTION OF DISPLAY Panel., Height 25 Length 20 Sq. Feet 500 Uprights. Number 2 Size 5 x 5 Material Other Distance, Bottom of Panel to Ground 66 feet Illumination Yes Panel On: O One Side S Both Sides O V-Shaped Display Copy Contained on Panel(s): Auto Mall You are hereby notified that the display described above is in violation of the Outdoor Advertising Act, Business and Professions Code. X Business and Professions Code, Section 5350 No Person shall place any advertising without first having secured a written permit. X Other: Display adjacent to a landscaped freeway (Section 5440 of B&P Code). Describe: You are required to do one of the following within 30 days from the certified mailing date of this notice. Either: 1. Correct the violation and notify person below of compliance. 2. Remove the display and notify person below of compliance. 3. Appeal pursuant to the Government Code, Section 11500. Send written appeal to: California Department of Transportation Division of Traffic Operations Outdoor Advertising Program, MS-36 P.O. Box 942874 Sacramento, CA 94274-0001 Extensions of any time period can only be granted in writing from the Outdoor Advertising Program Administrative Office in Sacramento. Lack of compliance will make you subject to the penalty provision of Business and Professions Code, Section 5485, attached hereto. "T'altmns imnrnvac mnhility ar mcc ('.alifnrnia" Business and Professions Code, Chapter 2 Section 5485(b)(2)(c)(d) (b) If a CP;splay is placed or maintained without a valid, unrevoked, and unexpired permit, the foilowing penalties shall be assessed: (2) If the advertising display is placed or maintained in a location that does not conform to the provisions of this chapter or local ordinances, and is not removed within thirty days of written notice from the department or the city or the county with land use jurisdiction over the property upon which the advertising display is located, a penalty of ten Thousand dollars($10,000) plus one hundred dollars ($100)for each day the advertising display is placed or maintained after the department sends written notice share be assessed. (c) in addition to the penalties set forth in subdivision(b),the gross revenues from the Unauthorized advertising display that are received by, or owed to,the applicant and a person working in concert with the applicant shall be disgorged. (d)The department or a city or a county within the location upon which the advertising is located may enforce the provisions of this section. California Code of Regulations Title,4, Chapter 6 Section 2441 Violations for Permanent Displays (a)When the Department determines a permanently placed Display violates the Act or these regulations,the owner of that Display is given a written violation notice by certified mail that the Display is in violation and subject to removal,and the owner is liable for all statutory penalties and, if the Display is removed by the Department, actual costs of removal. (b)The violation notice states the violation, the owner's responsibility to respond, and the owner's opportunity to request a review by the Director pursuant to the provisions section 2241 (b) of these Regulations. (c) If the display has been issued a permit, the violation notice is issued to the Permittee unless the Department has been notified in writing that another party with a property interest in the Display also has requested notice of any action concerning the Display. When a Permittee differs from the name on the Display, it is assumed the Permittee is the Display owner and the entity named on the Display is only maintaining it, unless the Department has been notified otherwise. When the owner of the Display is not plainly displayed thereon and no permit exists,the violation notice shall be issued to either the property owner at the address on record with the county assessor's office or the advertiser identified on the Display. (d)A new violation notice is not issued if the Display is sold,transferred, or the copy is changed. When purchasing a Display,the new Display owner is responsible for determining the legal status of the Display by contraction the Office of Outdoor Advertising. (e)The owner has 30 days from the date of the certified mailing of the violation notice to respond as follows; (1)Correct the violation,or (2)Remove the Display,or (3)Appeal to the Director in writing pursuant to the provisions of section 2241 (b)of these Regulations. This request shall contain a statement of reasons supporting the Appeal pursuant to Section 2442 of these regulations. "Caltrans improves mobility across California" 3 (f) The owner's failure to respond to the violation notice within 30 days of the date of its certified mailing results in a waiver of the right to Appeal the following: (1)The validity of the violation(s) stated in the violation notice. (2) Removal of the Display by the Department without further notice at the owner's expense. (3)The period of time allowed for correction of any violation. (4)The amount of any fine, penalty, or assessed removal costs. Section 2442 Review of Violation Notice Any person or entity served with a notice of violation pursuant to the Act or these regulations may appeal to the Director in writing pursuant to Section 2241. The cited person or entity may contest any or all of the following aspects of the notice of violation: (a)The occurrence of a violation of the Act or these regulations. (b)The amount of any fine, penalty, or assessed removal costs. (c)The removal of the advertising display. If you have any questions, please call the telephone number provided on the header of the Notice of Violation. in any written correspondence, please include the violation number listed on the Notice of Violation. Failure to respond in writing to this Notice of Violation will be considered a waiver of your right to protest the violation. Thereafter,you are subject to the above fines and the display will be removed and destroyed at the expense of the person or company in violation. *The Proceedings are governed by the Administrative Procedure Act, Government Code, Section 11500 et seq. The Department has adopted Administrative Hearing Precedent Decisions pursuant to Government Code section 11425.60 which may be applicable in certain appeals. The Department's Precedent Decisions can be accessed through the Outdoor Advertising programs home page www.dot.ca.gov. Gerda Holmstrom District Chief, Outdoor Advertising "Caltrans improves mobility across California" STATE OF CALIFORNIA—BUSINESS.TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Govemor DEPARTMENT OF TRANSPORTATION DISTRICT I] = 4050 TAYLOR STREET SAN DIEGO,CA 92110 MS230 PHONE (619)688-3282 Flex your powerl TTY 711 R P F I Be energy efficient!y y JUN 2 0 2007 June 18,2007 DEPARTMENT OF ECONOMIC DEVELOPMENT City of Huntington Beach Redevelopment Agency 2000 Main Street Huntington Beach, CA 92648 To Whom It May Concern: This letter is to clarify the reason you are receiving the enclosed Notice of Violation of the Outdoor Advertising Act. The Huntington Beach Auto Mall sign located on City of Huntington Beach property on State Route 405 approximately 900 feet west of Beach Boulevard is in violation because it is advertising without an off-premise Outdoor Advertising Permit and it is located adjacent to a landscaping segment of a State freeway. Please call me at (619)688-3282 if you have any questions. Sincerely, GERDA HOLMSTROM Outdoor Advertising Program Department of Transportation, District I l bc: Huntington Beach Auto Dealers "Coltrons improves mohdirr across California" STATE OF CALIFORNIA-BUSINESS,TRANSPORTATION,AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DIVISION OF TRAFFIC OPERATIONS OUTDOOR ADVERTISING PROGRAM PHONE (916)654-6473 INTERNET ADDRESS http://www.dot.ca.gov/oda June 15, 2007 NOTICE OF VIOLATION OF THE OUTDOOR ADVERTISING ACT FORM E-OA-3(Rev.11/98) CERTIFIED MAIL City of Huntington Beach VIOLATION NUMBER: V12-0008 Redevelopment Agency COUNTY, RTE, PM: Orange,405, 16.64 L 2000 Main St. DISPLAY LOCATION: 987 ft.W of Route 39-- Beach Huntington Beach, CA Blvd. 92648 DESCRIPTION OF DISPLAY Panet Height 25 Length 20 Sq. Feet 500 Uprights: Number 2 Size 5 x 5 Material Other Distance, Bottom of Panel to Ground 66 feet Illumination Yes Panel On: 0 One Side • Both Sides O V-Shaped Display Copy Contained on Panel(s): Auto Mall You are hereby notified that the display described above is in violation of the Outdoor Advertising Act, Business and Professions Code. X Business and Professions Code, Section 5350 No Person shall place any advertising without first having secured a written permit. X Other: Display adjacent to a landscaped freeway( Section 5440 of B&P Code). Describe: You are required to do one of the following within 30 days from the certified mailing date of this notice. Either: 1. Correct the violation and notify person below of compliance. 2. Remove the display and notify person below of compliance. 3. Appeal pursuant to the Government Code, Section 11500. Send written appeal to: California Department of Transportation Division of Traffic Operations Outdoor Advertising Program, MS-36 P.O. Box 942874 Sacramento, CA 94274-0001 Extensions of any time period can only be granted in writing from the Outdoor Advertising Program Administrative Office in Sacramento. Lack of compliance will make you subject to the penalty provision of Business and Professions Code, Section 5485, attached hereto. "Caltrans improves mobility across California" Business and Professions Code, Chapter 2 Section 5485(b)(2)(c)(d) (b) If a disl{ay is placed or maintained without a valid, unrevoked,and unexpired permit, the following penalties shall be assessed: (2) If the advertising display is placed or maintained in a location that does not conform to the r,-e,r signs of this chapter or local ordinances,and is not removed within thirty days of written notice from the department or the city or the county with land use jurisdiction over tt,c: ,property upon which the advertising display is located, a penalty of ten Tho;.,P,ai id dollars($10,000) plus one hundred dollars ($100)for each day the advertising display is placed or maintained after the department sends written notice share be assessed. (c) In addition to the penalties set forth in subdivision(b),the gross revenues from the Unauthorized advertising display that are received by,or owed to,the applicant and a person working in concert with the applicant shall be disgorged. (d)The department or a city or a county within the location upon which the advertising is located may enforce the provisions of this section. California Code of Regulations Title,4,Chapter 6 Section 2441 Violations for Permanent Displays (a)When the Department determines a permanently placed Display violates the Act or these regulations,the owner of that Display is given a written violation notice by certified mail that the Display is in violation and subject to removal, and the owner is liable: for all statutory penalties and, if the Display is removed by the Department, actual costs of removal (b)The violation notice states the violation,the owner's responsibility to respond, and the ownc:.Y_, opportunity to request a review by the Director pursuant to the provisions sectio: 2241 (b) of these Regulations. (c) If the display has been issued a permit,the violation notice is issued to the Permittee unle�-: the Department has been notified in writing that another party with a property interest in the Display also has requested notice of any action concerning the Display. When za Permittee differs from the name on the Display, it is assumed the Permittee is the Dispiay owner and the entity named on the Display is only maintaining it, unless the Department has been notified otherwise. When the owner of the Display is not plainly displayed thereon and no permit exists,the violation notice shall be issued to either the property owner at the address on record with the county assessor's office or the advertiser identified on the Display. (d)A new violation notice is not issued if the Display is sold,transferred, or the copy is changed. When purchasing a Display,the new Display owner is responsible for determining the legal status of the Display by contraction the Office of Outdoor Advertising. (e)The owner has 30 days from the date of the certified mailing of the violation notice to respond as follows; (1)Correct the violation, or (2) Remove the Display, or (3)Appeal to the Director in writing pursuant to the provisions of section 2241 (b) of these Regulations. This request shall contain a statement of reasons supporting the Appeal pursuant to Section 2442 of these regulations. "Caltrans improves mobility across California" (f} The owner's failure to respond to the violation notice within 30 days of the date of its certified mailing results in a waiver of the right to Appeal the following: (1)The validity of the violation(s) stated in the violation notice. (2) Removal of the Display by the Department without further notice at the owner's expense. (3)The period of time allowed for correction of any violation. (4)The amount of any fine, penalty, or assessed removal costs. Section 2442 Review of Violation Notice Any person or entity served with a notice of violation pursuant to the Act or these regulations may appeal to the Director in writing pursuant to Section 2241. The cited person or entity may contest any or all of the following aspects of the notice of violation: (a)The occurrence of a violation of the Act or these regulations. (b)The amount of any fine, penalty, or assessed removal costs. (c)The removal of the advertising display. If you have any questions, please call the telephone number provided on the header of the Notice of Violation. In any written correspondence, please include the violation number listed on the Notice of Violation. Failure to respond in writing to this Notice of Violation will be considered a waiver of your right to protest the violation. Thereafter,you are subject to the above fines and the display will be removed and destroyed at the expense of the person or company in violation. 'The Proceedings are governed by the Administrative Procedure Act, Government Code, Section 11500 et seq. The Department has adopted Administrative Hearing Precedent Decisions pursuant to Government Code section 11425.60 which may be applicable in certain appeals. The Department's Precedent Decisions can be accessed through the Outdoor Advertising programs home page www.dot.ca.gov. Gerda Holmstrom District Chief, Outdoor Advertising "Caltrans improves mobility across California" STATE OI CALIFORNIA—BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD S HWARZENE .GER ovemor DEPARTMENT OF TRANSPORTATION DISTRICT 11 A 4050 TAYLOR STREET SAN D1EGO,CA 92110 MS230 �� PHONE (619)688-3282 r -�+ a F Flex your powert. TTY 711 JUN 2 0 2007 Be energyeffiicient! DEPARTMENT OF June 18,2007 ECONOMIC DEVELOPMENT City of Huntington Beach Redevelopment Agency 2000 Main Street Huntington Beach, CA 92648 To Whom It May Concern: This letter is to clarify the reason you are receiving the enclosed Notice of Violation of the Outdoor Advertising Act. The Huntington Beach Auto Mall sign located on City of Huntington Beach property on State Route 405 approximately 900 feet west of Beach Boulevard is in violation because it is advertising without an off-premise Outdoor Advertising Permit and it is located adjacent to a landscaping segment of a State freeway. Please call me at (619)688-3282 if you have any questions. Sincerely, GERDA HOLMSTROM Outdoor Advertising Program Department of Transportation, District I l bc: Huntington Beach Auto Dealers "Caltrans improves mobrlin-across California" STATE OF CALIFORNIA- BUSINESS,TRANSPORTATION,AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DIVISION OF TRAFFIC OPERATIONS OUTDOOR ADVERTISING PROGRAM PHONE (916)654-6473 INTERNET ADDRESS http://www.dot.ca.gov/oda June 15, 2007 NOTICE OF VIOLATION OF THE OUTDOOR ADVERTISING ACT FORM E-OA-3(Rev. 11/98) CERTIFIED MAIL City of Huntington Beach VIOLATION NUMBER: V12-0008 Redevelopment Agency COUNTY, RTE, PM: Orange,405, 16.64 L 2000 Main St. DISPLAY LOCATION: 987 ft. W of Route 39 -- Beach Huntington Beach, CA Blvd. 92648 DESCRIPTION OF DISPLAY Panel.- Height 25 Length 20 Sq. Feet 500 Uprights: Number 2 Size 5 x 5 Material Other Distance, Bottom of Panel to Ground 66 feet Illumination Yes Panel On: O One Side ® Both Sides G V-Shaped Display Copy Contained on Panel(s): Auto Mail You are hereby notified that the display described above is in violation of the Outdoor Advertising Act, Business and Professions Code. X Business and Professions Code, Section 5350 No Person shall place any advertising without first having secured a written permit. X Other: Display adjacent to a landscaped freeway( Section 5440 of B&P Code). Describe: You are required to do one of the following within 30 days from the certified mailing date of this notice. Either: 1. Correct the violation and notify person below of compliance. 2. Remove the display and notify person below of compliance. 3. Appeal pursuant to the Government Code, Section 11500. Send written appeal to: California Department of Transportation Division of Traffic Operations Outdoor Advertising Program, MS-36 P.O. Box 942874 Sacramento, CA 94274-0001 Extensions of any time period can only be granted in writing from the Outdoor Advertising Program Administrative Office in Sacramento. Lack of compliance will make you subject to the penalty provision of Business and Professions Code, Section 5485, attached hereto. "Caltrans improves mobility across California" (f) The owner's failure to respond to the violation notice within 30 days of the date of its certified mailing results in a waiver of the right to Appeal the following: (1)The validity of the violation(s) stated in the violation notice. (2) Removal of the Display by the Department without further notice at the owner's expense. (3)The period of time allowed for correction of any violation. (4)The amount of any fine, penalty,or assessed removal costs. Section 2442 Review of Violation Notice Any person or entity served with a notice of violation pursuant to the Act or these regulations may appeal to the Director in writing pursuant to Section 2241. The cited person or entity may contest any or all of the following aspects of the notice of violation: (a)The occurrence of a violation of the Act or these regulations. (b)The amount of any fine, penalty, or assessed removal costs. (c)The removal of the advertising display. If you have any questions, please call the telephone number provided on the header of the Notice of Violation. In any written correspondence, please include the violation number listed on the Notice of Violation. Failure to respond in writing to this Notice of Violation will be considered a waiver of your right to protest the violation. Thereafter, you are subject to the above fines and the display will be removed and destroyed at the expense of the person or company in violation. *The Proceedings are governed by the Administrative Procedure Act, Government Code, Section 11500 et seq. The Department has adopted Administrative Hearing Precedent Decisions pursuant to Government Code section 11425.60 which may be applicable in certain appeals. The Department's Precedent Decisions can be accessed through the Outdoor Advertising programs home page www.dot.ca.gov. Gerda Holmstrom District Chief, Outdoor Advertising "Caltrans improves mobility across California" Page 2 of 3 p estlaW 4 CA ADC §2245 Page 1 4 CCR s)-A Cal. Adrnin.Code tit.4,s 2245 BARCLAYS OFFICIAL CALIFORNIA CODE obtained. If the Display does not meet one of OF REGULATIONS those requirements, the Display must be TITLE 4. BUSINESS REGULATIONS removed or is subject to the violation, penalty DIVISION 6.OUTDOOR ADVERTISING, and removal provisions of the Act and these DEPARTMENT OF TRANSPORTATION regulations. CHAPTER I.OUTDOOR ADVERTISING-GENERAL <General Materials(GM)-References, This database is current through 4/6/07,Register Annotations,or Tables> 2007,No. 14 s 2245. F�ktension of Time Limit for an On-Premise Dig," ay Within a Redevelopment Project. Note: Authority cited: Sections 5250 and 5415, A Display is considered on-premise within a Business and Professions Code. Reference: Sections redevelopment project for a period of 10 years or 5272, 5273, 5405 and 5485, Business and the completion of the project, whichever first Professions Code. occurs, unless an arrangement is made between the redevelopment agency and the Department to extend the period for good cause. (a) The Department provides written notice to the redevelopment agency governing the project and a copy to the Permittee if different, that the time limitation is expiring, after which Sections 5272 and 5405 of the Act apply. (b) The redevelopment agency may request the Department to extend the time limit for a Display to be considered on-premise within a redevelopment project. The request must be in writing and made before the 10-year period expires or within 30 days of the Department's notice, whichever is later. The written request must also identify the good cause for extension and the estimated project completion date- (c) The Department provides a written response within 30 days of receiving the request for extension from the redevelopment agency. (d) If an extension is not arranged, the Display must meet the requirements of Sections 5272 and 5405 of the Act, or a new permit must be ©2007 Thomson/West.No Claim to Orig.U.S.Govt. Works. http://web2.westlaw.com/print/printstream.aspx?sv=Split&rlti=l&prft=HTMLE&fn=_top... 4/23/2007 -K Page 3 of 3 4 CA ADC §2245 Page 2 4 CCR s 2245 Cal. Admin. Code tit.4,s 2245 HISTORY 1. New section filed 9-20-99; operative 10-20-99 (Register 99, No. 39) 2. Amendment of subsection (d) and amendment of Note filed 11-23-2004; operative 12-23-2004 (Register 2004, No. 48) . 4 CCR s 2245,4 CA ADC s 2245 ICAC 4 CA ADC s 2245 END OF DOCUMENT ©2007 Thomson/West.No Claim to Orig.U.S.Govt.Works. http_//web2.westlaw.com/print/printstream.aspx?sv=Split&rlti=l&prft=HTMLE&fn=_top... 4/23/2007 ATTACHMENT #3 WAIS Document Retrieval Page 1 of 6 CALIFORNIA CODES BUSINESS AND PROFESSIONS CODE S'ECTION 5440-5443 .5 5440. Except as otherwise provided in this article, no advertising display may be placed or maintained on property adjacent to a section of a freeway that has been landscaped if the advertising display is designed to be viewed primarily by persons traveling on the main-traveled way of the landscaped freeway. 5440 .1. Except as provided in Section 5442 .5, no advertising display may be placed or maintained along any highway or segment of any interstate highway or primary highway that before, on, or after the effective date of Section 131 (s) of Title 23 of the United States Code is an officially designated scenic highway or scenic byway. 5441. Any advertising display which is now, or hereafter becomes, in violation of Section 5440 shall be subject to removal three years from the date the freeway has been declared a landscaped freeway by the director or the director' s designee and the character of the freeway has been changed from a freeway to a landscaped freeway. 5442 . Section 5440 does not apply to any advertising structure or sign if the advertising display is used exclusively for any of the following purposes : (a) To advertise the sale or lease of the property upon which the advertising display is placed. (b) To designate the name of the owner or occupant of the premises upon which the advertising display is placed, or to identify the premises. (c) To advertise goods manufactured or produced, or services rendered, on the property upon which the advertising display is placed. 5442 .5. Section 5440 .1 does not apply to any advertising display if the advertising display is used exclusively for any of the following purposes : (a) Directional and official signs and notices, including, but not be limited to, signs and notices pertaining to natural wonders or scenic and historical attractions that are otherwise required or authorized by law and conform to regulations adopted by the department. (b) Signs, displays, and devices advertising the sale or lease of real property upon which they are located. (c) Signs, displays, and devices, including, but not limited to, those that may be changed at reasonable intervals by electronic process or by remote control, advertising activities conducted on the property on which they are located. (d) Signs lawfully in existence on October 22, 1965, as determined by the department to be landmark signs, including signs on farm structures or natural surfaces, or of historic or artistic significance the preservation of which, in the opinion of the http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdoclD=28536727053+0+0+0&WAISaction=retrieve 1/25/2008 WAIS Document Retrieval Page 2 of 6 department, would be consistent with the purposes of this section, as determined by regulations adopted by the department. (e) Signs, displays, and devices advertising the distribution by nonprofit organizations of free coffee to individuals traveling on the interstate system or the primary system. For the purpose of this subdivision, the term "free coffee" means, coffee for which a donation may be made, but is not required. 5442 .7 . (a) Section 5440 does not apply to any freestanding identifying structure that is used exclusively to identify development projects, business centers, or associations located within the jurisdiction of, and sponsored by, the City of Richmond to support economic development activities. (b) A structure erected pursuant to subdivision (a) shall conform to all of the following conditions: (1) Not more than one identifying structure may be used by the City of Richmond and only if approved by that city by ordinance or resolution after a duly noticed public hearing regarding the structure. (2) Placement of the structure shall not require the immediate trimming, pruning, topping, or removal of existing trees to provide visibility to the structure, unless done as part of the normal landscape maintenance activities that would have been undertaken without regard to the placement of the structure. (3) The structure shall be generic only and shall not identify any specific business. (4) No public funds may be expended to pay for the costs of the structure. (5) The structure shall not cause a reduction in federal aid highway funds as provided in Section 131 of Title 23 of the United States Code. 5442 .8 . Section 5440 does not apply to any advertising structure or sign if the advertising display is used exclusively to identify development projects, business centers, or associations located within the jurisdiction of, or sponsored by, the City of Costa Mesa to support economic development activities, if all of the following conditions are met: (a) No other display is used by the city pursuant to this section. (b) The governing body of the city has authorized placement of the display by an ordinance or resolution adopted following a duly noticed public hearing regarding the display. (c) Placement of the display will not necessitate the immediate trimming, pruning, topping, or removal of existing trees in order to mace the display visible or to improve its visibility, unless done as part of the normal landscape maintenance activities that would have been undertaken without regard to the placement of the display. (d) The display does not cause a reduction in federal aid highway funds, as provided in Section 131 of Title 23 of the United States Code. 5442.9. (a) Notwithstanding Section 5440, a city described in subdivision (b) may erect a nonconforming display if all of the following apply: (1) The display is placed on property that the city has owned since before January 1, 1995. (2) Not more than one additional display is added to the number of signs within the city that do not conform to this article as of http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=28536727053+0+0+0&WAISaction=retrieve 1/25/2008 WAIS Document Retrieval Page 3 of 6 January 1, 2000 . (3) The display is located within the boundaries of the city. (4) Placement or maintenance of the display does not require the immediate trimming, pruning, topping, or removal of existing trees to provide visibility to the display, unless done as part of the normal landscape maintenance activities that would have been undertaken without regard to the placement or maintenance of the display. (5) No public funds are required to be expended to pay for the costs of the display. (6) The display does not impose additional liability on the Department of Transportation. (7.) The display does not cause a reduction in federal aid highway funds, as provided in Section 131 of Title 23 of the United States Code. (8) All proceeds received by a participating city by allowing the erection of the nonconforming display are expended by the city solely for parks and programs for at-risk youth. (5) The display does not advertise products or services which are directed at an adult population, including, but not limited to, alcohol, tobacco, and gambling activities. (b) For purposes of this section, city is any city that meets all of the following conditions: (1) The city's population is 17, 000 persons or less. (2) The city's annual budget is less than eight million dollars ($8, 000, 000) . (3) The city's geographical area is less than 1.7 square miles. (4) The city is located in an urbanized county containing a population of 6, 000, 000 or more persons. 5442 .10. (a) Notwithstanding any other provision of this chapter, Section 5440 does not apply to any advertising display if all of the following conditions are met: (1) Not more than five advertising displays, whose placement or maintenance is otherwise prohibited under this chapter, shall be erected and only if approved by the Oakland-Alameda County Coliseum Authority. (2) All five advertising displays shall meet the 1,200 square foot size restriction set forth in subdivision (a) of Section 5408 . However, subject to subdivision (b) , three of the advertising displays may be vertically oriented so long as those displays do not exceed 60 feet in height and 25 feet in length, including border and trim and excluding base or apron supports, and other structural members. (3) The display area of each advertising display is measured by the smallest square, rectangle, circle, or combination that will encompass the display area. For purposes of this section, embellishments and secondary signs located in the border or trim around a display area advertising the name of the coliseum complex or the identities of athletic teams who are licensees or lessees of all or portions of the Oakland-Alameda County Coliseum Complex shall not cause the border or trim areas to be included in a display face for measurement purposes. In the case of an LED display advertising on-premises activities at the Oakland-Alameda County Coliseum Complex, or off-premises, noncommercial community activities, the LED portion of the display face shall not be included for measurement purposes. (4) Placement or maintenance of each advertising display does not require the immediate trimming, pruning, topping, or removal of trees located on a state highway right-of-way to provide visibility to the advertising display, unless done as part of the normal landscape maintenance activities that would have been undertaken without regard to the placement of the display. http://www.Ieginfo.ca.gov/cgi-bin/waisgate?WAISdocID=28536727053+0+0+0&WAISaction=retrieve 1/25/2008 WAIS Document Retrieval Page 4 of 6 P (5) No advertising display shall advertise products or services that are directed at an adult population, including, but not limited to, alcohol, tobacco, gambling, or sexually explicit material. (6) Each advertising display shall be located on the Oakland-Alameda County Coliseum Complex property and shall comply with the spacing requirements set forth in subdivision (d) of Section 5408, as implemented by department regulation. (7) If any advertising display erected pursuant to this section is removed for purposes of a transportation project undertaken by the department, the display owner is entitled to relocate that display within the Oakland-Alameda County Coliseum Complex property, and is not entitled to monetary compensation for the removal or relocation even if relocation is not possible. (8) The display shall not cause a reduction in federal aid highway funds as provided in Section 131 of Title 23 of the United States Code. (b) For the specific purpose of this section and in accordance with the Memorandum for Record with the Federal Highway Administration dated January 17, 2001, upon the written request of the Oakland-Alameda County Coliseum Authority on behalf of its licensee or contractor seeking to erect one or more of the three advertising displays allowed by paragraph (2) of subdivision (a) consisting of a size not to exceed 60 feet in height and 25 feet in length, the department shall promptly request Federal Highway Administration approval of that change in orientation to ensure that the advertising displays will not cause a reduction in federal aid highway funds. Upon receipt of the approval from the Federal Highway Administration, the advertising display or displays may be erected. (c) For the purposes of this section, the Oakland-Alameda County Coliseum Complex is the real property and improvements located at 7000 Coliseum Way, City of Oakland, and more particularly described in Parcel Map 7000, filed August 1, 1996, Map Book 223, Page 84, Alameda County Records, Assessor's Parcel Nos. 041-3901-008 and 041-3901-009. 5442 .11. Notwithstanding any other provision of this chapter, Section 5440 does not apply to any advertising display in the Mid-City Recovery Redevelopment Project Area within the City of Los Angeles if all of the following conditions are met: (a) Not more than four advertising displays, whose placement or maintenance is otherwise prohibited under this chapter, may be erected if approved by the Community Redevelopment Agency of the City of Los Angeles as part of an owner-participation agreement or disposition and development agreement. (b) All four advertising displays meet the requirements set forth in Section 5405 and 5408 . (c) Placement or maintenance of each advertising display does not require the immediate trimming, pruning, topping, or removal of trees located on a state highway right-of-way to provide visibility to the advertising display, unless done as part of the normal landscape maintenance activities that would have been undertaken without regard to the placement of the display. (d) No advertising display shall advertise products or services that are directed at an adult population, including, but not limited to, alcohol, tobacco, gambling, or sexually explicit material. (e) If any advertising display erected pursuant to this section is removed for purposes of a transportation project undertaken by the department, the display owner is entitled to relocate that display and is not entitled to monetary compensation for the removal or relocation. (f) The advertising display shall not cause a reduction in federal aid highway funds as provided in Section 131 of Title 23 of the http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=28536727053+0+0+0&WAISaction=retrieve 1/25/2008 WNAIS Document Retrieval Page 5 of 6 United States Code. 5442 . 13 . (a) Notwithstanding any other provision of this chapter, Section 5440 shall not prohibit an advertising display in the City of Los Angeles by a not-for-profit educational academy that is exempt from taxation pursuant to Section 501 (c) (3) of Title 26 of the United States Code, if all of the following conditions are met: (1) The exception provided by this section is limited to only one advertising display. (2) The site of the academy is located immediately adjacent to State Highway Routes 10 and 110 in the City of Los Angeles. (3) The academy's curriculum focuses on providing arts and entertainment business education. (4) The advertising display is constructed on the roof of the academy' s facility. (5) The advertising display meets the requirements set forth in Sections 5405 and 5408 . (6) Placement or maintenance of the advertising display does not require the immediate trimming, pruning, topping, or removal of trees located on a state highway right-of-way to provide visibility to the advertising display, unless done as part of the normal landscape maintenance activities that would have been undertaken without regard to the placement of the display. (7) Revenues accruing to the academy from the advertising display are used exclusively for the acquisition, operation, and improvement of the academy. (b) An advertising display erected pursuant to this section shall not advertise products or services that are directed at an adult population, including, but not limited to, alcohol, tobacco, gambling, or sexually explicit material. (c) If an advertising display erected pursuant to this section is removed for purposes of a transportation project undertaken by the department, the display owner shall be entitled to relocate that advertising display with no compensation for the removal or relocation, and the relocation shall be limited to a site on the property of the academy specified in subdivision (a) . (d) An advertising display erected pursuant to this section shall not cause a reduction in federal aid highway funds, as provided in Section 131 of Title 23 of the United States Code. (e) If the academy specified in subdivision (a) closes or otherwise ceases to operate, the advertising display permitted under this section shall no longer be authorized and shall be removed from the property of the academy. (f) Notwithstanding Section 5412, if the property on which the academy specified in subdivision (a) is sold, the seller shall remove the billboard from the property without compensation before title to the property is transferred to the buyer. (g) The academy specified in subdivision (a) shall prepare an audit of the revenues generated by the advertising display authorized under this section that includes, but is not limited to, the total revenues generated from the display, the amount of revenues received by the academy, and the expenditures and uses of the revenue. The audit shall be submitted to the Controller and the Legislature on or before January 1, 2007, and every four years thereafter. (h) The academy specified in subdivision (a) shall comply with the provisions of the City of Los Angeles regulation designated as Section 12 .21A 7 (1) of the Los Angeles Municipal Code. The requirements of this subdivision shall be waived if the City of Los Angeles fails to implement, comply with, and make a determination pursuant to the provisions of Section 12 .21A7 (1) of the Los Angeles Municipal Code on or before January 1, 2005 . http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=28536727053+0+0+0&WAISaction=retrieve 1/25/2008 WAIS Document Retrieval Page 6 of 6 5443 . Nothing in this article prohibits either of the following: (a) Any county from designating the districts or zones in which advertising displays may be placed or prohibited as part of a county land use or zoning ordinance. (b) Any governmental entity from entering into a relocation agreement pursuant to Section 5412 or the department from allowing any legally permitted display to be increased in height at its permitted location or to be relocated if a noise attenuation barrier is erected in front of the display or if a building, construction, or structure, including, but not limited to, a barrier, bridge, overpass, or underpass, has been or is then being erected by any government entity that obstructs the display' s visibility within 500 feet of the display and that relocated display or that action of the department would not cause a reduction in federal aid highway funds as provided in Section 131 of Title 23 of the United States Code or an increase in the number of displays within the jurisdiction of a governmental entity which does not conform to this article. Any increase in height permitted under this subdivision shall not be more than that necessary to restore the visibility of the display to the main-traveled way. An advertising display relocated pursuant to this subdivision shall comply with all of the provisions of Article 6 (commencing with Section 5350) . 5443 .5 . Nothing in this article prohibits the Department of Transportation from allowing any legally permitted display situated on property being acquired for a public use to be relocated, subject to the approval of the public agency acquiring the property and the approval of the jurisdiction in which the display will be relocated, so long as the action of the department in allowing the relocation of the display would not cause a reduction in federal-aid highway funds, as provided in Section 131 of Title 23 of the United States Code, or an increase in the number of displays which do not conform to this article within the jurisdiction of a governmental entity. http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=28536727053+0+0+0&WAISaction=retrieve 1/25/2008 ATTAC H M E N T #4 SB 1411 Senate Bill - CHAPTERED Page 1 of 2 R BILL NUMBER: SB 1411 CHAPTERED BILL TEXT CHAPTER 117 FILED WITH SECRETARY OF STATE JULY 1, 1996 APPROVED BY GOVERNOR JUNE 30, 1996 PASSED THE ASSEMBLY JUNE 24, 1996 PASSED THE SENATE MAY 16, 1996 AMENDED IN SENATE MAY 15, 1996 AMENDED IN SENATE FEBRUARY 20, 1996 INTRODUCED BY Senator Johnson JANUARY 17, 1996 An act to amend Section 5440 of, and to add Section 5442.8 to, the Business and Professions Code, relating to outdoor advertising. LEGISLATIVE COUNSEL'S DIGEST SB 1411, Johnson. Highways: outdoor advertising. The Outdoor Advertising Act regulates the placement of advertising displays adjacent to and within specified distances of certain highways. Among other things, the act prohibits, with specified exceptions, the placement of an advertising display on property adjacent to a section of landscaped freeway. This bill would exempt from that prohibition an advertising display used exclusively to identify development projects, business centers, or associations located within, or sponsored by, the City of Costa Mesa to support economic development activities, if the display meets specified conditions. The bill would set forth facts and declare that the provisions specified above constitute necessary special legislation. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 5440 of the Business and Professions Code is amended to read: 5440. Except as provided in Sections 5441, 5442, 5442.7, and 5442.8, no advertising display shall be placed or maintained on property adjacent to a section of a freeway which has been landscaped if the advertising display is designed to be viewed primarily by persons traveling on the main-traveled way of the landscaped freeway. SEC. 2. Section 5442.8 is added to the Business and Professions Code, to read: 5442. 8. Section 5440 does not apply to any advertising structure or sign if the advertising display is used exclusively to identify development projects, business centers, or associations located within the jurisdiction of, or sponsored by, the City of Costa •Mesa to support economic development activities, if all of the following conditions are met: (a) No other display is used by the city pursuant to this section. (b) The governing body of the city has authorized placement of the display by an ordinance or resolution adopted following a duly http://info.sen.ca.gov/pub/95-96/bill/sen/sb_1401-1450/sb_1411_bill_960701_chaptered.ht... 1/24/2008 SB 1411 Senate Bill - CHAPTERED Page 2 of 2 ' noticed public hearing regarding the display. (c) Placement of the display will not necessitate the immediate trimming, pruning, topping, or removal of existing trees in order to make the display visible or to improve its visibility, unless done as part of the normal landscape maintenance activities that would have been undertaken without regard to the placement of the display. (d) The display does not cause a reduction in federal aid highway funds, as provided in Section 131 of Title 23 of the United States Code. SEC. 3. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances that exist in the City of Costa Mesa. The facts constituting the special circumstances are as follows: (a) Existing law prohibits certain automobile dealership malls in the City of Costa Mesa from erecting advertising signs or displays along the freeway because they are located next to a portion of the freeway that has been designated a landscaped freeway, as defined in Section 5216 of the Business and Professions Code. Other competing auto malls in Orange County, located along the same freeway but not next to a portion of the freeway that has been designated a landscaped freeway, are not prohibited from erecting those signs or displays. This situation puts those auto malls in Costa Mesa that are located next to a landscaped freeway at a serious competitive disadvantage. (b) Automobile dealerships located in the auto malls in the City of Costa Mesa are the second highest sales tax generators in the city. In addition, because those dealerships employ approximately 1, 000 persons, the auto malls provide other significant benefits to the city's economy. Accordingly, the City of Costa Mesa has an obligation to promote those dealerships' ability to compete with other automobile dealerships in Orange County. (c) Section 2 of this act will greatly assist the City of Costa Mesa in this regard. http://info.sen.ca.gov/pub/95-96/bill/sen/sb-1401-1450/sb-141 1_bill_960701_chaptered.ht... 1/24/2008 RCA ROUTING SHEET INITIATING DEPARTMENT: ECONOMIC DEVELOPMENT SUBJECT: APPROVE DRAFTING OF SPECIAL LEGISLATION PERTAINING TO ADVERTISING CONTENT ON THE EXISTING FREEWAY READER BOARD SIGN COUNCIL MEETING DATE: February 19, 2008 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Notached El t Applicable Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLAHATIOH FOR iv WNW ATTACHMENTS REVIEWED RETURNED FO , " .IRDED Administrative Staff ( ) ( A"). Deputy City Administrator (Initial) ( ) ( v ) City Administrator (Initial) ( ) ( ) City Clerk ) EXPLANATION FOR RETURN OF ITEM: ® s RCA Author: Paul Da Veiga