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Resolution No. 2023-15 | Adopting Final IS/MND for Electronic Billboard Ordinance Project | Adopted 03/20/2023 RESOLUTION NO. 2023-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING THE FINAL INITIAL STUDY / MITIGATED NEGATIVE DECLARATION (FINAL IS/MND) FOR THE ELECTRONIC BILLBOARD ORDINANCE PROJECT WHEREAS, the Gilroy City Code Chapter 30 (Zoning), Article XXXVII (Sign Regulations) currently prohibits electronic billboards within the city; and WHEREAS, on May 4, 2018, an application was submitted by Mike Conrotto/Emsee Properties proposing an amendment to City Code Sections 30.37.30 (Prohibited Signs) and 30.37.51 (Freeway Oriented Signs) and other entitlements as needed to allow such signage (“Electronic Billboard Ordinance Project”); and WHEREAS, the purpose of the Draft and Final Initial Study / Mitigated Negative Declaration (IS/MND) is to identify any potential environmental impacts that would result from the implementation of the Electronic Billboard Ordinance Project in the City of Gilroy, California; and WHEREAS, pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15367, the City of Gilroy has discretionary authority over the proposed project and is the Lead Agency in the preparation of th e Draft and Final IS/MND and any additional environmental documentation required for the proposed project; and WHEREAS, the intended use of the Final IS/MND document is to determine the level of environmental analysis required to adequately analyze the project pursuant to the requirements of CEQA and to provide the basis for input from public agencies, organizations, and interested members of the public; and WHEREAS, in accordance with Section 15070 of the California Code of Regulations, the City of Gilroy Planning Division prepared an Initial Study for the project and determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. Therefore, the City has prepared a Mitigated Negative Declaration (MND) for the project in accordance with the California Environmental Quality Act (CEQA) of 1970, as amended, and the Thresholds of Significance adopted May 3, 2004, by the City of Gilroy; and WHEREAS, a Notice of Intent to adopt a Mitigated Negative Declaration was advertised in The Gilroy Dispatch on Friday, August 5, 2022 (no less than 30 days prior to a decision on the IS/MND), and WHEREAS individual property owners within 500 feet of the subject property where the electronic billboard is proposed were mailed copies of the Notice of Intent on August 1, 2022; and WHEREAS, the public review period for the Draft IS/MND began on August 5, 2022, and ended on September 5, 2022; and Resolution No. 2023-15 Adopting Final IS/MND for Electronic Billboard Ordinance Project City Council Regular Meeting | March 20, 2023 Page 2 of 3 WHEREAS, the City of Gilroy received several comments on the Electronic Billboard Ordinance Project, including comments regarding potentially significant environmental impacts and other concerns that will be considered by the City of Gilroy but are not considered significant environmental impacts pursuant to CEQA; and WHEREAS, although not required by CEQA, the City of Gilroy prepared responses to significant environmental comments received on the Electronic Billboard Ordinance Project Draft Initial Study/Mitigated Negative Declaration (Draft IS/MND); and WHEREAS, revisions were made to the Draft IS/MND for the Electronic Billboard Ordinance Project in response to public comments regarding potentially significant environmental impacts; and WHEREAS, these revisions are minor modifications and clarifications to the document, and do not change the significance of any of the environmental issue conclusions within the Draft IS/MND; and WHEREAS, the Draft Initial Study/Mitigated Negative Declaration (IS/MND), Draft IS/MND appendices, Responses to Comments, Errata , and the Mitigation Monitoring and Reporting Program (MMRP), comprise the “Final IS/MND” for use by the City of Gilroy in its review and consideration of the Electronic Billboard Ordinance Project; and WHEREAS; the Final IS/MND reflects the City’s independent judgment and analysis and the City has determined that although the proposed project could have a significant effect on the environment, there will be less than a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent (e.g., mitigations from the MND) that reduce potentially significant impacts to a less than significant impact; and WHEREAS, approval of the Final IS/MND does not constitute approval of the Electronic Billboard Ordinance Project (Z 18-04, SP 21-08); and WHEREAS, the Planning Commission considered the Final Initial Study/Mitigated Negative Declaration (IS/MND) for the Electronic Billboard Ordinance Project (Z 18-04, SP 21-08) at a special meeting on January 19, 2023, and at a regular meeting on February 2, 2023, and approved a motion to not recommend adoption of the Final IS/MND; and WHEREAS, an appeal of the Planning Commission recommendation was filed on February 21, 2023; and WHEREAS, on March 20, 2023, the City Council held a duly noticed public meeting, at which time the City Council received and considered the staff report as well as all evidence received including written and oral public testimony related to the Final Initial Study/Mitigated Negative Declaration (IS/MND) for the Electronic Billboard Ordinance Project (Z 18-04); and Resolution No. 2023-15 Adopting Final IS/MND for Electronic Billboard Ordinance Project City Council Regular Meeting | March 20, 2023 Page 3 of 3 WHEREAS, based on the City Council‘s independent analysis and substantial evidence in the record, the City Council found that: the Final IS/MND was completed in compliance with the California Environmental Quality Act (CEQA); there is no substantial evidence that the project will have a significant effect on the environment due to mitigations agreed to by the applicant; and the Final IS/MND reflects the City’s independent judgment and analysis; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby adopts the Final Initial Study / Mitigated Negative Declaration (Final IS/MND) for the Electronic Billboard Ordinance Project. PASSED AND ADOPTED this 20th day of March 2023 by the following roll call vote: AYES: COUNCIL MEMBERS: BRACCO, CLINE, MARQUES, TOVAR, BLANKLEY NOES: COUNCIL MEMBERS: ARMENDARIZ, HILTON ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE APPROVED: Marie Blankley, Mayor ATTEST: _______________________ Thai Nam Pham, City Clerk Marie Blankley (Mar 21, 2023 15:43 PDT) Marie Blankley CERTIFICATE OF THE CLERK I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2023-15 is an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, March 20, 2023, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Monday, March 20, 2023. ____________________________________ Thai Nam Pham, CMC, CPMC City Clerk of the City of Gilroy (Seal)