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HomeMy WebLinkAbout _ 4.4(a)--Adopt Resolution Compelling Removal of Interstate 5 Advertising Billboard CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Adopt Resolution compelling removal of the billboard owned by Orion Outdoor Media adjacent to Interstate 5, state outdoor advertising number 22024 at state postmile 12.48 L, which eliminates a legal non-conforming sign, satisfies the request of the billboard owner, and will not result in the expenditure of City of Redding funds. Fiscal Impact There is no fiscal impact from adopting the resolution. Alternative Action The City Council may choose to not adopt the resolution and provide direction to staff. Background/Analysis In March 2023, the City of Redding (City) was contacted by Orion Outdoor Media requesting to remove and relocate of one of its billboard signs. The billboard is located adjacent to the Interstate 5 freeway and just north of the new Costco development, as shown on Attachments A and B. California Business and Professions Code 5412 encourages “local entities and display owners to enter into relocation agreements … and to adopt ordinances or resolutions providing for relocation of displays.” Accordingly, before the California Department of Transportation approves removal and relocation of the billboard it requires Orion Outdoor Media to secure a resolution from the City compelling removal of the billboard. MEETING DATE: May 2, 2023 ITEM NO. 4.4(a) FROM: ***APPROVED BY*** jpagan@cityofredding.org btippin@cityofredding.org SUBJECT: 4.4(a)--Adopt Resolution Compelling Removal of Interstate 5 Advertising Billboard. Jeremy Pagan, Development Services Director/Bldg Official Report to Redding City Council April 27, 2023 Re: 4.4(a)--Adopt Resolution Compelling Removal of Interstate 5 Advertising Billboard Page 2 Redding Municipal Code 18.42.080 prohibits billboards. Because this billboard was erected prior to the drafting of the code, it is considered a legal non-conforming sign. Removal of this billboard will eliminate this non-conformity. Additionally, removal of the billboard would normally constitute a “taking” and therefore require the City to pay just compensation to the billboard owner; however, the proposed resolution allows for the removal and relocation of the sign in lieu of just compensation and without expenditure of public funds. Orion Outdoor Media has contacted the property owner, as well as the Redding Rancheria, the current advertiser on the billboard, and notified both entities of its intent to remove the billboard. In recognition of the Redding Rancheria losing this advertisement space, Orion Outdoor Media plans to offer alternative advertisement space to the Redding Rancheria on a billboard it owns north of the City. Environmental Review Adopting the resolution is not a project under the California Environmental Quality Act and therefore no further action is required. Council Priority/City Manager Goals This is a routine operational item Attachments ^Resolution ^Attachment A - Billboard Location Map ^Attachment B - Billboard Sign Photos RESOLUTION NO. 2023- 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 MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MICHAEL DACQUISTO, Mayor ATTEST: FORM APPROVED: PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney SIGN TO BE REMOVED Attachment B – Billboard Sign Photos