California Code of Regulations › Title 4 - Business Regulations › Division 6 - Outdoor Advertising, Department of Transportation › Chapter 5 - Outdoor Advertising Displays Adjacent to Landscaped Freeways › Section 2505 - Change in Freeway Character-Preliminary Landscape Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before
				the award of a Highway Planting Project, the Chief Landscape Architect makes a
				preliminary landscape determination, based on the project design plans,
				specifications, and/or concept plans of whether the project will change the
				character of the freeway to a landscaped freeway. If the preliminary landscape
				determination is that the project will meet the criteria for being a landscaped
				freeway and the Highway Planting Project adjacent to existing freeway segments
				will begin within 180 days or that the Highway Planting Project adjacent to a
				new segment of freeway will begin within two fiscal years, the Chief Landscape
				Architect issues a notice of preliminary landscape determination to the Office
				of Outdoor Advertising and posts that determination on the Landscape
				Architect's web page.
(b) The
				Office of Outdoor Advertising shall not issue a permit for a Display Adjacent
				To a section of freeway that is designed primarily to be viewed by a person
				traveling on the landscaped section after a preliminary landscaped
				determination is made. A Display permit which is issued, but where no physical
				construction of the Display has begun or exists, confers no vested rights and
				is canceled no earlier than 180 days after and the Permittee is notified of the
				action in writing by the Office of Outdoor Advertising. Physical construction
				of a Display begins when the Permittee has applied for a local building permit
				before the Department issues notice that the permitted location has become
				nonconforming, and the Display is constructed before the local building permit
				expires or 180 days whichever occurs first. Only customary maintenance, as
				described in section
				2270 of this chapter may be
				performed on existing outdoor advertising displays adjacent to a landscaped
				freeway section.
(c) If the Highway
				Planting Project does not begin within 180 days after the date the preliminary
				landscape determination along an existing segment of freeway is made or within
				two fiscal years along a new segment of freeway, the determination lapses. The
				Chief Landscape Architect shall post a notice within 30 days of the lapsed
				preliminary landscape determination on the Landscape Architect's web page and
				send notice to the Office of Outdoor Advertising.
(d) After the Office Outdoor Advertising is
				notified of the preliminary landscape determination lapse, a permit for a
				Display shall be issued if the Display meets the provisions of the Act and
				these regulations.
(e) A
				preliminary landscape determination lapse may not prevent a future
				determination that the same or similar proposed Planting meets the landscaped
				criteria.
1. Repealer of
				  former section
				  2505 and renumbering of former
				  section 2509 to section
				  2505, including amendment of
				  section heading and section and new NOTE, filed 9-20-99; operative 10-20-99
				  (Register 99, No. 39).
2. Amendment of subsections (a) and (c) and
				  amendment of NOTE filed 11-23-2004; operative 12-23-2004 (Register 2004, No.
				  48).
Note: Authority cited: Sections
					 5250
					 and
					 5415,
					 Business and Professions Code. Reference: Sections
					 5216
					 and
					 5440,
					 Business and Professions Code.