County of Santa Barbara v. Purcell, Inc.

251 Cal. App. 2d 169, 59 Cal. Rptr. 345, 1967 Cal. App. LEXIS 1959
CourtCalifornia Court of Appeal
DecidedMay 19, 1967
DocketCiv. 29148
StatusPublished
Cited by13 cases

This text of 251 Cal. App. 2d 169 (County of Santa Barbara v. Purcell, Inc.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
County of Santa Barbara v. Purcell, Inc., 251 Cal. App. 2d 169, 59 Cal. Rptr. 345, 1967 Cal. App. LEXIS 1959 (Cal. Ct. App. 1967).

Opinion

FILES, P. J.

On November 16, 1962, the County of Santa Barbara filed a complaint in the Santa Barbara County Superior Court against Purcell, Inc., a company engaged in the outdoor advertising business, to compel removal of various billboards in the vicinity of Carpintería, Summerland and Santa Maria maintained in violation of county ordinances. Subsequently, United Outdoor Advertising Co., Inc. intervened and became a eodefendant with Purcell. A permanent injunction was entered on October 6, 1964, requiring the removal of all billboards involved in the litigation except those made illegal under county ordinance 1042 covering the Santa Maria area. Defendant and intervener (who will be referred to hereafter as defendants) have appealed from the portion of the judgment which is adverse to them and plaintiff has appealed from the portion which denies relief in the Santa Maria area.

Background

On January 29, 1951, the Santa Barbara County Board of Supervisors adopted ordinance 661, containing land use regulations and definitions of terms, creating zones and establishing permit procedures and penalties for violation. That ordinance as originally enacted applied only to the unincorporated Town of Goleta.

Article VII section 3 of this ordinance limits the size and character of signs and advertising structures which are permitted in each .kind of district. Article VIII section 4 provides that a nonconforming outdoor advertising sign or structure may remain for five years from the date of the adop: tian of the ordinance.

*172 On May 26, 1952, ordinance 696 was adopted, amending ordinance 661 in a number of respects not material here. This amendment further declared in substance that the plan and regulations as set forth in ordinance 661 would become applicable to other territory shown upon maps adopted in the future.

Ordinance 825, enacted May 7, 1956, adopted maps of the Summerland area as an amendment to ordinance 661, thereby making the provisions of that ordinance applicable to the area shown on those maps.

On May 28, 1956, ordinance 833 was adopted for the purpose of correcting an error in the publication of ordinance 825.

On April 1, 1957, ordinance 888 was adopted, containing maps of the Carpintería area, as a further amendment to ordinance 661.

On August 26, 1957, ordinance 909 adopted maps of additional portions of the Carpintería area.

On July 27, 1959, ordinance 1042 adopted maps of the Santa Maria area.

The parties have stipulated that each of the billboards involved in this action was erected prior to the enactment of the applicable ordinance, and that each sign is a prohibited use of the property where it is located.

C onstitutionality

The zoning ordinances here in question do not prohibit advertising signs and structures altogether. The effect is to exclude defendants’ billboards from the localities where defendants prefer to maintain them. The signs here involved are all located along Highway 101, which has been designated on the state’s master plan as a “scenic highway,” requiring “special scenic conservation treatment.” (Sts. & Hy. Code, §§ 260-263.)

The contention of the defendants is that the county has abused and exceeded its powers in applying these ordinances to defendants. The standard by which the reasonableness of a zoning ordinance is tested is stated in Consolidated Rock Products Co. v. City of Los Angeles (1962) 57 Cal.2d 515, 522 [20 Cal.Rptr. 638, 370 P.2d 342] :

“As a corollary to this recognized principle of the capacity of the police power to meet the reasonable current requirements of time and place and period in history .is the equally well settled rule that the determination of the necessity and *173 form of such regulations, as is true with all exercises of the police power, is primarily a legislative and not a judicial function, and is to be tested in the courts not by what the judges individually or collectively may think of the wisdom or necessity of a particular regulation, but solely by the answer to the question is there any reasonable basis in fact to support the legislative determination of the regulation’s wisdom and necessity ? ’ ’

Defendants assert that these ordinances “bottom solely upon aesthetics.” Their argument, based upon their interpretation of Varney & Green v. Williams (1909) 155 Cal. 318 [100 P. 867, 132 Am.St.Rep. 88, 21 L.R.A. N.S. 741], is that zoning laws may only be used to protect the economic interests of a property owner and not to preserve the priceless beauty of a countryside for all men. It is unnecessary to meet that argument directly, for the trial court has found that in Santa Barbara County scenic environment is commercial. 1 The trial court found that people come to the county because of its natural beauty, and that the maintenance of billboards along the highway may reasonably be believed to have an adverse effect upon the economy.

Defendants’ arguments as to the constitutionality of these ordinances are answered by what has been said in National Advertising Co. v. County of Monterey (1962) 211 Cal.App.2d 375 [27 Cal.Rptr. 136] ; Metromedia, Inc. v. City of Pasadena (1963) 216 Cal.App.2d 270 [30 Cal.Rptr. 731] ; and Burk v. Municipal Court (1964) 229 Cal.App.2d 696 [40 Cal.Rptr. 425].

Effect of the Outdoor Advertising Act

The Outdoor Advertising Act, as enacted by the state Legislature in 1939 (Bus. & Prof. Code, § 5200 et seq.), contained the following language:

“ It is the intention of the Legislature to occupy the whole field of regulation by the provisions of this chapter except that nothing in this chapter prohibits enforcement of any or all of its provisions by persons designated so to act by appro *174 priate ordinances duly adopted by any county of this State nor does anything prohibit the passage by any county of reasonable land use or zoning regulations affecting the placing of advertising displays in accordance with provisions of Chapter 838 of the Statutes of 1929, relating to zoning.” (Bus. & Prof. Code, § 5227.)

As of the time section 5227 was enacted, chapter 838 of the Statutes of 1929, called “The Planning Act,” governed the procedure by which a county was authorized to adopt a zoning ordinance.

In 1947 the Legislature repealed The Planning Act of 1929 and replaced it with ‘ ‘ The Conservation and Planning Act. ’ ’ (Stats. 1947, ch. 807, p. 1909.)

In 1951 the Legislature enacted as a part of the Government Code (§ 65000 et seq.) “The Conservation and Planning Law.” The 1947 Act was concurrently repealed. (Stats. 1951, ch. 334, p. 675.)

The Government Code provisions have been continued in force, subject to amendment, addition and repeal of specific sections from time to time.

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Bluebook (online)
251 Cal. App. 2d 169, 59 Cal. Rptr. 345, 1967 Cal. App. LEXIS 1959, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-of-santa-barbara-v-purcell-inc-calctapp-1967.