HomeMy WebLinkAboutReso 2023-035 - Removal of a Billboard owned by Orion Outdoor Media Adjcent to Interstate I-5RESOLUTION NO. 2023-035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDDING CALIFORNIA COMPELLING THE REMOVAL OF A
BILLBOARD OWNED BY ORION OUTDOOR MEDIA ADJACENT TO
INTERSTATE I-5, STATE OUTDOOR ADVERTISING NUMBER 22024 AT
STATE POSTMILE 12.48 L TO GIVE EFFECT TO REDDING
MUNICIPAL CODE SECTIONS 18.42.080(B) AND 18.46.010
WHEREAS, Redding Municipal Code ("RMC") Section 18.46.010 states "It is the intent of this
chapter to discourage the long-term continuance of nonconformities that have resulted in, or can
be expected to result in, conflicts with surrounding uses, and to provide for their eventual
elimination;" and
WHEREAS, RMC Section 18.42.080(B) states that "Billboards are prohibited;" and
WHEREAS, Orion Outdoor Media owns and operates an outdoor advertising sign within the City
which is therefore non -conforming under Section 18.42.080(B) (the "Orion Sign"); and
WHEREAS, the Orion Sign is located on property within the City zoned RM30 "Residential
Multiple -Family;" and
WHEREAS, under Business and Professions Code Section 5412, the City of Redding is required
to pay just compensation and to initiate eminent domain proceedings to compel removal of the
Orion Sign which will result in the expenditure of public funds plus attorney's fees and costs; and
WHEREAS, pursuant to Business and Professions Code Section 5412, a City may agree to
relocate a sign without the expenditure of public funds and without going through the eminent
domain procedure; and
WHEREAS Business and Professions Code Section 5443 permits the relocation of billboards
without compelled removal or eminent domain as long as the relocated sign will not result in a
reduction of Federal Highway Funds; and
WHEREAS, City of Redding has concluded removal of the Orion Sign will serve the public
interests of the CITY by allowing it to continue its development in a planned manner and will
preserve or further the public health, safety and welfare, and implements the City's General Plan
and Municipal Code; and
WHEREAS, City Council has agreed to a relocation agreement with Orion Outdoor to relocate
the billboard in lieu of the just compensation, and without expenditure of any public funds;
and
WHEREAS, Orion outdoor media shall, after obtaining a demolition permit from the City, permanently
remove the non -conforming billboard on or before August 1, 2023;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Redding,
California, as follows:
SECTION 1. The above recitals are true and correct and are adopted as the findings of the
City Council.
SECTION 2. The City Council hereby affirmatively compels the removal of the Orion
Sign, state permit number 22024 in conjunction with the aforementioned Relocation Agreement.
SECTION 3. The City Manager is hereby authorized and directed to take such other and further
actions, and sign such other and further documents, as is necessary and proper in order to
implement this Resolution on behalf of the City and without the expenditure of public funds.
I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular
meeting of the City Council of the City of Redding on the 2nd day of May, 2023, by the following
vote:
AYES:
COUNCIL MEMBER: - Audette, Mezzano, Munns, Winter, and Dacquisto
NOES:
COUNCIL MEMBER: - None
ABSENT:
COUNCIL MEMBER: -None
ABSTAIN:
COUNCIL MEMBER: - None
ATTEST:
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PAMELA MIZE, City Clerk
MICHAEL DACQUISTO, Mayor
FORM APPROVED:
BARRY E. DeWALT, City Attorney