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Ordinance No. NS-XXX <br />Page 2 of 15 <br /> <br />customary maintenance, use, or repair of certain lawfully erected nonconforming <br />billboards, except through a relocation agreement. <br />F. Business and Professions Code Section 5412 specifically empowers a city <br />to enter into relocation agreements on whatever terms are agreeable to an outdoor <br />advertising display owner and such city as a means of eliminating the need to pay <br />compensation for their removal. <br />G. Construction of new billboards is prohibited along highways designated as <br />landscaped freeways with certain exceptions, including the construction of relocated <br />billboards pursuant to Business and Professions Code Sections 5440 through <br />5443.5 or the construction of new billboards along portions of landscaped freeways <br />that have been declassified. <br />H. Business and Professions Code Section 5412 further empowers a city to <br />adopt ordinances or resolutions providing for the relocation of billboards. <br />I. Technology has also allowed for the modernization of advertising medium <br />by way of the creation of digital or electronic messaging, which have been utilized by <br />advertising companies throughout the nation. <br />J. The City recognizes that billboards are a valuable advertising tool, but <br />without proper design, placement, and maintenance, they may unduly distract, <br />create traffic hazards and negative visual, lighting, and glare impacts. <br />K. Permitting the construction of new billboards along portions of the City that <br />are not adjacent to landscaped freeways and the relocation or reconstruction of <br />existing billboards to more appropriate locations within the City with upgraded <br />technology provides a greater opportunity for businesses to advertise to larger <br />audiences, promote economic growth in the City and the region, and provide for <br />additional public service announcements. <br />L. Allowing the removal of existing billboards also allows the City to direct the <br />placement of new billboards with digital technologies into areas that are more <br />aesthetically appropriate, thereby creating fewer visual and glare impacts for the <br />City's residents. <br />M. Adoption of this Ordinance is compatible with the SAMC and promotes the <br />public health, safety, and welfare of the citizens of the City. <br />N. The Planning Commission held a duly-noticed public hearing on April 25, <br />2022 to consider this Ordinance, where all interested persons were given an <br />opportunity to be heard. The Planning Commission recommended approval of the <br />ordinance to the City Council, subject to modifications to Section 41-1113 of this <br />Ordinance and the draft Operating Agreement template to provide for minimum local <br />hiring requirements when considering billboard reduction alternatives as per Section <br />1 of the draft Operating Agreement.