Eller Media Co. v. City of Los Angeles

Opinion

EPSTEIN, J.

In this case we hold that the trial court correctly sustained demurrers to a complaint seeking an order that applications for permits to erect billboard structures be deemed approved.

[1219]

Factual and Procedural Summary

Appellant Eller Media Company constructs outdoor billboard structures for the purpose of renting to advertisers. In April, May, and June of 1999, it applied to the Department of Building and Safety of the City of Los Angeles (City) for permits to construct three billboard structures. One was to be constructed on Sunset Boulevard, one on Cahuenga Boulevard, and one on Pico Boulevard. Only the first two applications remain at issue; appellant has received approval on the third.

Both the Sunset and Cahuenga sites are within the Hollywood Redevelopment Project area. Pursuant to Health and Safety Code section 33372, the Community Redevelopment Agency of the City of Los Angeles (CRA) is authorized to carry out the Hollywood Redevelopment Plan. Accordingly, the City referred appellant’s applications to CRA to determine if they complied with the plan.

1

Neither the City nor CRA made any determination on the applications. On October 25, 1999, appellant filed this action seeking to have its applications deemed approved pursuant to the Permit Streamlining Act (PSA; Gov. Code, § 65920 et seq.).

2

According to the allegations of the second amended complaint, the charging pleading, respondents City and CRA failed to approve appellant’s billboard applications within the time limits set out in the PSA. For that reason, appellant claimed the applications should be deemed approved pursuant to section 65956, subdivision (b), and sought a writ of mandate directing respondents to issue the permits. The trial court sustained respondents’ demurrers without leave to amend, and dismissed the action. This is a timely appeal from the judgment (order of dismissal).

Discussion

The PSA was enacted in 1977 “to relieve applicants from protracted and unjustified governmental delays in processing their permit applications.”