Section 2422 - Permit Application Process(a) The applicant shall, in accordance with the Act: (1) Accurately complete and sign the Outdoor Advertising Structure Permit/Application, Form ODA-0002 (Rev. 11/98).(2) Submit the completed application and fees to the Department at the address specified on the application.(3) Place and maintain an Imprint at the proposed Display location.(4) Provide written evidence that the owner or other person in control or possession of the property and the city and county with land use jurisdiction over the property have consented to the placing of the advertising display. Evidence of property owner consent shall be a form of a copy of a lease, license or other land use agreement or another form of written acknowledgement from the owner that such consent has been given. The economic terms of any such agreement need not be included. The consent of the city or county shall be demonstrated by producing a copy of the applicable building or sign permit, or other official act of the city and county used in that jurisdiction to authorize construction, or to demonstrate that the city or county requires no specific consent to construct an advertising display.(5) Correct any application deficiencies, pursuant to notification as required by (b)(3) within 30 days. The applicant may request an extension of the 30-day time period. The request must be in writing.(b) The Department shall, in accordance with the Act: (1) Date and time stamp the application on the date and in the order received by the Office of Outdoor Advertising.(2) Review the application on the basis of its qualifications as of the date received (For example, the required business activity and zoning must exist on the date the application is received). The application is processed in accordance with the following subsections (A) through (G). (A) First priority is given to renewing a permit for a legal Display (constructed or not constructed).(B) An application for a legally placed Display that did not previously require a permit is processed before an application for a new Display.(C) An application to place a new Display along an existing highway is processed in the order received.(D) An application for placing a new Display along an existing highway where the copy will be visible from a new alignment of an interstate or a primary highway and the location is nonconforming to the new alignment is not accepted after Certificate of Sufficiency is executed.(E) An application for placing a new Display along a new alignment of an interstate or primary highway is accepted on or after the date the highway project is Accepted.(F) An application to relocate an existing permitted Display to accommodate widening or extensive modification of an interstate or a primary highway is processed before an application to place a new Display.(G) An application for a new Display received after a Certificate of Sufficiency is executed for widening or extensive modification of an interstate or a primary highway is not processed until the orderly relocation of an existing Display is completed, as coordinated by the Department. The Department issues a notice to the applicant when processing is delayed for this reason. The processing time begins after the orderly relocation of an existing Display is completed.(3) Provide a written 30-day deficiency notice to the applicant when it is determined there is a deficiency, such as the Imprint is missing or information on the application is missing, is in error, or conflicts with findings. Failure to correct the deficiency within the time allowed results in denial of the application.(4) Provide a final decision issuing a legal permit or denying permit issuance identifying the noncompliance with law. The permit or denial notice is issued within 60 days from the date the application is received, excluding the time periods for which notices were issued under subsection (b)(3).(5) Reserve a location for ninety (90) days in accordance with Section 5354(b) and (c) of the act, if a written request from the city or county with land use jurisdiction over the proposed location is received in lieu of a building or sign permit, properly acknowledged by the City Council or Board of Supervisors or their official designee. The description of the proposed location in the city or county's notice shall be consistent with the location requested on the permit application. If a city or county requests an additional thirty (30) day hold on a location in accordance with section 5354(c), in addition to the requirements for an initial 90 day hold specified above, the city and county must detail the extenuating circumstances meriting an additional 30 days. Examples of such extenuating circumstances include, but are not limited to, an inability to properly notice a necessary hearing within the initial 90 days, the unavailability of a necessary witness or property owner, the discovery of newly found evidence or facts, or the late objection of an affected property owner.(c) An Application whose permit application is denied may appeal that determination in accordance with the provisions of Section 2241(b) of these Regulations. Until such appeal is finally determined, no permit shall be issued to any other applicant that would affect the legality of a denied permit application until completion of the appeal.Cal. Code Regs. Tit. 4, § 2422
1. New section filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
2. New subsection (a)(4), subsection renumbering, amendment of subsections (b)(2)(D) and (b)(2)(G) and new subsections (b)(5)-(c) filed 11-23-2004; operative 12-23-2004 (Register 2004, No. 48). Note: Authority cited: Sections 5250 and 5415, Business and Professions Code. Reference: Sections 5252 and 5350- 5358, Business and Professions Code; and Section 15376, Government Code.
1. New section filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
2. New subsection (a)(4), subsection renumbering, amendment of subsections (b)(2)(D) and (b)(2)(G) and new subsections (b)(5)-(c) filed 11-23-2004; operative 12-23-2004 (Register 2004, No. 48).