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2023-02-02 - Public Correspondence - Item 6.1 - Received 2023-02-021 Cindy McCormick From:Juan Estrada < Sent:Thursday, February 2, 2023 11:50 AM To:Planning Commissioner Manny Bhandal; Planning Commissioner Annedore Kushner; Planning Commissioner Stefanie Elle; Planning Commissioner Adriana Leongardt; Planning Commissioner Joan Lewis; Planning Commissioner Kelly Ramirez; Planning Commissioner Michelle Montez; Planning Division (Public) Cc:Alice Kaufman; Brian Schmidt; Lennie Roberts Subject:EXTERNAL - Electronic billboards Attachments:20230202 Letter from Green Foothills regarding Digital Billboards.pdf Dear Chair Bhandal and Gilroy Planning Commissioners, I have attached a letter noting our opposition to the electronic billboard project. I have copied and pasted the body of the letter below for easy reference. Green Foothills would like to echo the summary of serious and substantiated concerns expressed by the Santa Clara Valley Audubon Society and Sierra Club Loma Prieta Chapter about the electronic billboard project. A couple of highlights:  Wildlife connectivity impact: Open storm drains, irrigation channels and other flood management infrastructure features often connect habitat patches and provide pathways for animals to traverse an urban landscape. This connectivity for wildlife is important to preserve biodiversity, and is easily disrupted by lighting. The Project is adjacent to the Princevalle Channel, which is currently a wildlife connectivity corridor and allows permeability between Uvas and Llagas creeks. The DMND provides no analysis of wildlife movement in the channel, dismissing impact to wildlife movement.  Impact to ecosystems: The Biological Report underestimates the potential impact to ecosystems. The IS/DMND acknowledges that “migrating birds can be affected by human-built structures because of their propensity to migrate at night, their low flight altitudes, and their tendency to be disoriented by artificial light, which makes them vulnerable to collision with obstructions that could potentially lead to injury or mortality. In addition, birds migrating at night can be strongly attracted to sources of artificial light, particularly during periods of inclement weather”. Recent scientific studies highlight the pervasive, cumulative, and harmful impacts of Artificial Light At Night (ALAN) to terrestrial and aquatic organisms, species, and ecosystems. The impacts, including effects on circadian rhythms, metabolism and behavior in fish, birds, insects, and other taxa, have been summarized in several recent publications in major scientific journals. Recent studies also implicate ALAN as one of the primary drivers of the global decline in insect numbers and diversity (the insect apocalypse). We ask the City of Gilroy not to approve highway or road-facing electronic billboards. Additionally, the city should develop a Dark Sky ordinance to guide future light pollution decisions. Approving this project without a Dark Sky ordinance fails to consider its overall impact and the proper management of light pollution in Gilroy. The City of Cupertino has such an ordinance, and Gilroy residents deserve the same level of protection of their sky. If the City of Gilroy wishes to continue considering this project, it should develop and enact a Dark Sky ordinance first, and then consider whether the project complies with it. And if the city persists in moving forward with this project, an EIR must be prepared. Sincerely, Juan Estrada CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. 2 Advocacy Associate and Organizer Juan Estrada Advocacy Associate and Organizer Green Foothills | (650) 968-7243 x351 | greenfoothills.org Join the movement for local nature. Sign up for alerts. February 2, 2023 Gilroy Planning Commission 7351 Rosanna St. Gilroy, CA 95020 Via email to: manny.bhandal@cityofgilroy.org, annedore.kushner@cityofgilroy.org, stefanie.elle@cityofgilroy.org, adriana.leongardt@cityofgilroy.org, joan.lewis@cityofgilroy.org, kelly.ramirez@cityofgilroy.org, michelle.montez@cityofgilroy.org, planningdivision@cityofgilroy.org Re: Electronic Billboards Dear Chair Bhandal and Gilroy Planning Commissioners, Green Foothills would like to echo the summary of serious and substantiated concerns expressed by the Santa Clara Valley Audubon Society and Sierra Club Loma Prieta Chapter about the electronic billboard project. A couple of highlights: ●Wildlife connectivity impact:Open storm drains, irrigation channels and other flood management infrastructure features often connect habitat patches and provide pathways for animals to traverse an urban landscape. This connectivity for wildlife is important to preserve biodiversity, and is easily disrupted by lighting. The Project is adjacent to the Princevalle Channel, which is currently a wildlife connectivity corridor and allows permeability between Uvas and Llagas creeks. The DMND provides no analysis of wildlife movement in the channel, dismissing impact to wildlife movement. ●Impact to ecosystems:The Biological Report underestimates the potential impact to ecosystems. The IS/DMND acknowledges that “migrating birds can be affected by human-built structures because of their propensity to migrate at night, their low flight altitudes, and their tendency to be disoriented by artificial light, which makes them vulnerable to collision with obstructions that could potentially lead to injury or mortality. In addition, birds migrating at night can be strongly attracted to sources of artificial light, particularly during periods of inclement weather”. Recent scientific studies highlight the pervasive, cumulative, and harmful impacts of Artificial Light At Night (ALAN) to terrestrial and aquatic organisms, species, and ecosystems. The impacts, including effects on circadian rhythms, metabolism and behavior in fish, birds, insects, and other taxa, have been summarized in several recent publications in major scientific journals. Recent studies also implicate ALAN as one of the primary drivers of the global decline in insect numbers and diversity (the insect apocalypse). We ask the City of Gilroy not to approve highway or road-facing electronic billboards. Additionally, the city should develop a Dark Sky ordinance to guide future light pollution decisions. Approving this project without a Dark Sky ordinance fails to consider its overall impact and the proper management of light pollution in Gilroy. The City of Cupertino has such an ordinance, and Gilroy residents deserve the same level of protection of their sky. If the City of Gilroy wishes to continue considering this project, it should develop and enact a Dark Sky ordinance first, and then consider whether the project complies with it. And if the city persists in moving forward with this project, an EIR must be prepared. Sincerely, Juan Estrada Advocacy Associate and Organizer 1 Cindy McCormick From:Planning Commissioner Manny Bhandal Sent:Wednesday, February 1, 2023 7:25 PM To:Cindy McCormick; Sharon Goei Subject:Fwd: EXTERNAL - Electronic signage Begin forwarded message: From: Genevieve Corbin < Date: Feb 1, 2023 at 7:10 PM To: Planning Commissioner Manny Bhandal <manny.bhandal@ci.gilroy.ca.us> Subject: EXTERNAL - Electronic signage CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. I am so totally against this type of distractions being imposed upon us. I SAY NO!!!!!! Sent from my iPhone 1 Cindy McCormick From:George L. Renz <george@renzrenz.com> Sent:Thursday, February 2, 2023 11:39 AM To:Cindy McCormick Cc:Planning Division (Public) Subject:EXTERNAL - Electric billboard project Attachments:City of Gilroy Planning Dept. Letter.pdf Hi Cindy, See attached a support letter for the electric billboard project. Please confirm receipt. Thank you, George George L. Renz, CCIM, SIOR, ALC DRE# 00854816: September 1983 Renz & Renz – Investment & Commercial Brokerage 7500 Arroyo Circle, Ste 170 Gilroy, CA 95020 O: (408)846-1031 F: (408)846-1042 E: George@RenzRenz.com W: RenzRenz.com CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. 1 Cindy McCormick From:Planning Commissioner Manny Bhandal Sent:Thursday, February 2, 2023 6:10 AM To:Cindy McCormick; Sharon Goei Subject:Fwd: EXTERNAL - Billboard opinion Begin forwarded message: From: Matthew Andres Calzetta < Date: Feb 2, 2023 at 6:03 AM To: Planning Commissioner Manny Bhandal <manny.bhandal@ci.gilroy.ca.us>, Planning Commissioner Annedore Kushner <annedore.kushner@ci.gilroy.ca.us>, Planning Commissioner Stefanie Elle <stefanie.elle@ci.gilroy.ca.us>, Planning Commissioner Adriana Leongardt <adriana.leongardt@ci.gilroy.ca.us>, Planning Commissioner Joan Lewis <joan.lewis@ci.gilroy.ca.us>, Planning Commissioner Kelly Ramirez <kelly.ramirez@ci.gilroy.ca.us>, Planning Commissioner Michelle Montez <michelle.montez@ci.gilroy.ca.us> Cc: Planning Division (Public) <planningdivision@cityofgilroy.org> Subject: EXTERNAL - Billboard opinion CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Hello Planning Division, I have lived in Gilroy since 2017. I just want to voice my opinion against the electronic billboards. They do not fit the spirit of our small town. They are unsightly. I think it will convey ultimately the wrong sentiments to our people and visitors, which is not worth the potential benefits. Also, billboards whether electronic or otherwise, are not endearing or add positively to the environment. Often times they are a eyesore and annoyance. Please do not amend the code to permit their placement. Let’s not be that south county city that has billboards. Thanks for your attention and work. Matt Calzetta, MD Kaiser Permanente Gilroy Sent from my iPhone 1 Cindy McCormick From:Planning Commissioner Manny Bhandal Sent:Thursday, February 2, 2023 6:10 AM To:Sharon Goei; Cindy McCormick Subject:Fwd: EXTERNAL - Billboards along 101 in Gilroy Begin forwarded message: From: Ines Deschamps < Date: Feb 2, 2023 at 1:07 AM To: Planning Commissioner Manny Bhandal <manny.bhandal@ci.gilroy.ca.us>, Planning Commissioner Annedore Kushner <annedore.kushner@ci.gilroy.ca.us>, Planning Commissioner Stefanie Elle <stefanie.elle@ci.gilroy.ca.us>, Planning Commissioner Adriana Leongardt <adriana.leongardt@ci.gilroy.ca.us>, Planning Commissioner Joan Lewis <joan.lewis@ci.gilroy.ca.us>, Planning Commissioner Kelly Ramirez <kelly.ramirez@ci.gilroy.ca.us>, Planning Commissioner Michelle Montez <michelle.montez@ci.gilroy.ca.us> Cc: Planning Division (Public) <planningdivision@cityofgilroy.org> Subject: EXTERNAL - Billboards along 101 in Gilroy CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Dear Planning Commission Re: Feb 2 Planning Commission meeting at 6PM I hereby would like to inform you that I am voting against the City of Gilroy zoning code change to allow digital billboards. The installation of large billboards interferes with driving safety & causes environmental distractions. Thank you for keeping our rural city’s uncluttered & safe! Kind regards, Ines Deschamps Sent from my iPhone 1 Cindy McCormick From:Planning Commissioner Manny Bhandal Sent:Wednesday, February 1, 2023 7:56 PM To:Sharon Goei; Cindy McCormick Subject:Fwd: EXTERNAL - Opposition to electronic billboards in Gilroy Begin forwarded message: From: rmloui < Date: Feb 1, 2023 at 7:48 PM To: Planning Commissioner Annedore Kushner <annedore.kushner@ci.gilroy.ca.us>, Planning Commissioner Manny Bhandal <manny.bhandal@ci.gilroy.ca.us>, Planning Commissioner Stefanie Elle <stefanie.elle@ci.gilroy.ca.us>, Planning Commissioner Adriana Leongardt <adriana.leongardt@ci.gilroy.ca.us>, Planning Commissioner Joan Lewis <joan.lewis@ci.gilroy.ca.us>, Planning Commissioner Kelly Ramirez <kelly.ramirez@ci.gilroy.ca.us>, Planning Commissioner Michelle Montez <michelle.montez@ci.gilroy.ca.us> Cc: Planning Division (Public) <planningdivision@cityofgilroy.org> Subject: EXTERNAL - Opposition to electronic billboards in Gilroy Hello, I recently learned that the City of Gilroy is in the process of changing the City's zoning code to allow digital billboards and approve a 75-foot, 2-sided electronic billboard aimed at motorists on Hwy 101 to advertise. I strongly oppose that electronic billboards be allowed, for several reasons. The addition of billboards is first, quite unsightly to look at, spoiling the rural feel of the town. When visiting or driving through Gilroy, I enjoy viewing the natural environment and the farms with its trees, crops, and animals. The last thing I want to see are ugly signs advertising products that I am not interested in and distracting me from driving safely. Secondly, the light pollution generated from the digital billboards will be disruptive to the environment (plants and animals), as well as the Lick Observatory. There are already plenty of avenues for car dealerships to advertise. The last thing we need is unnecessary "development" with these hideous billboards, marring the peaceful natural beauty that Gilroy is right now. If ppl want to buy a car, they know where to go already. No to digital billboards. CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. 2 Thank you for your consideration. Sincerely, Rachel Loui Mountain View, CA 1 Cindy McCormick From:Ronnie Burttram < Sent:Wednesday, February 1, 2023 10:15 PM To:Cindy McCormick; Planning Division (Public) Subject:EXTERNAL - Electronic Billboard Ordinance Dear City of Gilroy, I am writing to show support for the Electronic Billboard Project. I live and have family in Gilroy. I believe that Gilroy and the businesses in Gilroy would benefit greatly from allowing electronic billboards along the freeway. It would bring Gilroy more relevance in the Bay Area, as many other cities already have these signs. It would also increase sales for Gilroy's local businesses. Sincerely, Ronald G. Burttram, Jr. CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. 1 Cindy McCormick From:David Marancik <ddm2005@sbcglobal.net> Sent:Thursday, February 2, 2023 8:23 AM To:Planning Division (Public) Subject:EXTERNAL - Billboard No giant digital billboards !! They are ugly and distracting. Sent from AT&T Yahoo Mail on Android CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. 1 Cindy McCormick From:Planning Commissioner Manny Bhandal Sent:Wednesday, February 1, 2023 7:57 PM To:Sharon Goei; Cindy McCormick Subject:Fwd: EXTERNAL - Please reject electronic billboards in Gilroy Begin forwarded message: From: Ronit Bryant < Date: Feb 1, 2023 at 7:52 PM To: Planning Commissioner Manny Bhandal <manny.bhandal@ci.gilroy.ca.us>, Planning Commissioner Annedore Kushner <annedore.kushner@ci.gilroy.ca.us>, Planning Commissioner Stefanie Elle <stefanie.elle@ci.gilroy.ca.us>, Planning Commissioner Adriana Leongardt <adriana.leongardt@ci.gilroy.ca.us>, Planning Commissioner Joan Lewis <joan.lewis@ci.gilroy.ca.us>, Planning Commissioner Kelly Ramirez <kelly.ramirez@ci.gilroy.ca.us>, Planning Commissioner Michelle Montez <michelle.montez@ci.gilroy.ca.us> Cc: Planning Division (Public) <planningdivision@cityofgilroy.org> Subject: EXTERNAL - Please reject electronic billboards in Gilroy Dear Gilroy Planning Commissioners, Please listen to your residents and reject the proposed zoning changes that will allow electronic billboards along the freeways in your town. I am not a Gilroy resident. I live in the Bay Area and work to help preserve what is left us of nature and beauty. Please help. These billboards will cause light pollution, distract (and therefore endanger) drivers, and contribute nothing to the beauty and atmosphere of your city. Sincerely, Ronit Bryant CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. 1 Cindy McCormick From:Planning Commissioner Manny Bhandal Sent:Thursday, February 2, 2023 11:56 AM To:Cindy McCormick; Sharon Goei Subject:Fwd: EXTERNAL - Electric billboards Begin forwarded message: From: Yoga with Lupe < Date: Feb 2, 2023 at 11:45 AM To: Planning Commissioner Manny Bhandal <manny.bhandal@ci.gilroy.ca.us> Subject: EXTERNAL - Electric billboards CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. The research is in and these distract drivers who are already distracted and it makes no sense for the environment either, pls say no! Sent from my iPhone 1 Cindy McCormick From:Planning Commissioner Manny Bhandal Sent:Thursday, February 2, 2023 7:26 AM To:Sharon Goei; Cindy McCormick Subject:Fwd: EXTERNAL - No Billboard changes to Zoning Code Begin forwarded message: From: Giselle Verbera < Date: Feb 2, 2023 at 7:23 AM To: Planning Commissioner Manny Bhandal <manny.bhandal@ci.gilroy.ca.us>, Planning Commissioner Annedore Kushner <annedore.kushner@ci.gilroy.ca.us>, Planning Commissioner Stefanie Elle <stefanie.elle@ci.gilroy.ca.us>, Planning Commissioner Adriana Leongardt <adriana.leongardt@ci.gilroy.ca.us>, Planning Commissioner Joan Lewis <joan.lewis@ci.gilroy.ca.us>, Planning Commissioner Kelly Ramirez <kelly.ramirez@ci.gilroy.ca.us>, Planning Commissioner Michelle Montez <michelle.montez@ci.gilroy.ca.us> Cc: Planning Division (Public) <planningdivision@cityofgilroy.org> Subject: EXTERNAL - No Billboard changes to Zoning Code Hello, I recently learned about the proposed changes to the City of Gilroy's zoning code that would allow a 75ft electronic billboard to be installed near 101. As a proud resident of Gilroy, I am voicing my opposition and concern for allowing this change to occur. Many Gilroy residents commute daily and rely on 101 to do so. I myself am a commuter and frequently travel during the early hours of the morning. Allowing for a large electronic billboard that would be visible along 101 is concerning to me. I have travelled other major highways with electronic billboards and they are jarring and quite frankly pose a hazard when driving during the evening or early mornings. These billboards are bright enough that they cause drivers to squint to avoid such jarring light. I am concerned an electronic billboard would create unnecessary light pollution and distract fellow commuters in Gilroy. Gilroy is a wonderful city, one that I am proud to call home. One of the many appeals Gilroy has, and a large reason why I chose to move to this great city, is the minimal amount of billboards (especially electronic ones). Along 101 you are able to see stars at night. Not many places within the Bay Area/Santa Clara County can boast that. Please consider keeping the zoning code the way it is and maintaining the City's star-filled, electronic-billboard-free section of 101 and surrounding areas. Thank you, Giselle Agdeppa-Verbera Proud Gilroy Resident CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. 1 Cindy McCormick From:Leslie Friedman < Sent:Thursday, February 2, 2023 11:19 AM To:Planning Commissioner Annedore Kushner; Planning Commissioner Stefanie Elle; Planning Commissioner Adriana Leongardt; Planning Commissioner Joan Lewis; Planning Commissioner Kelly Ramirez; Planning Commissioner Michelle Montez; Planning Division (Public) Subject:EXTERNAL - Electronic Billboard Hello, I am writing to voice my opposition to the plan to place a double sided electronic billboard alongside of hwy.101. This will be a serious danger to drivers and wildlife. Research shows that there are more accidents when billboards are near highways. The electronic billboard will be large and bright. It is meant to distract drivers from driving and watching a road. That's the whole purpose of this kind of advertising. Will the city of Gilroy accept responsibility for the accidents? Wildllife, animals and birds will be disoriented by the lights. Animals live by schedules even more so than humans. They will fly into the billboard or into traffic. The bodies of dead animals on the highway will create more traffic hazards. The lights will brighten the night sky. This will damage opportunities for astronomers and for all of us who can benefit from their research. It will lessen opportunities for learning about our world. If the city of Gilroy thinks this will give it a more modern identity, please do not buy that hogwash. The day when doing and building things which are damaging to our environment are gone. The things that would make Gilroy more up to date would be to deny this billboard and let it be know that Gilroy is a leader in protecting life. I live in Mountain View and frequently drive into Gilroy to shop and for services available there. Thank you for your attention. Leslie Friedman CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. 1 Cindy McCormick From:Planning Commissioner Manny Bhandal Sent:Thursday, February 2, 2023 8:44 AM To:Cindy McCormick; Sharon Goei Subject:Fwd: EXTERNAL - Electronic Billboard Ordinance Begin forwarded message: From: scott macdonald < Date: Feb 2, 2023 at 8:42 AM To: Planning Commissioner Manny Bhandal <manny.bhandal@ci.gilroy.ca.us>, Planning Commissioner Annedore Kushner <annedore.kushner@ci.gilroy.ca.us>, Planning Commissioner Stefanie Elle <stefanie.elle@ci.gilroy.ca.us>, Planning Commissioner Adriana Leongardt <adriana.leongardt@ci.gilroy.ca.us>, Planning Commissioner Joan Lewis <joan.lewis@ci.gilroy.ca.us>, Planning Commissioner Kelly Ramirez <kelly.ramirez@ci.gilroy.ca.us>, Planning Commissioner Michelle Montez <michelle.montez@ci.gilroy.ca.us> Cc: Planning Division (Public) <planningdivision@cityofgilroy.org> Subject: EXTERNAL - Electronic Billboard Ordinance Members of the Gilroy Planning Commission, As someone who drives Highway 101 frequently, I urge you to oppose the proposed changes to the sign ordinance and not allow electronic billboards. Electronic billboards are distracting, intrusive, despoil the rural nature of the Gilroy area, and generally contribute to a lower quality of life for those living with them. Please do not allow them in your city. Sincerely. -Scott MacDonald San Jose, CA CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. 1 Cindy McCormick From:Planning Division (Public) Sent:Thursday, February 2, 2023 9:35 AM To:Cindy McCormick Subject:FW: EXTERNAL - Please Deny Electronic Billboards Hi Cindy, Please see email below. Kind regards, Ariana From: Sent: Thursday, February 2, 2023 9:17 AM To: Planning Commissioner Manny Bhandal <Manny.Bhandal@ci.gilroy.ca.us>; Planning Commissioner Annedore Kushner <Annedore.Kushner@ci.gilroy.ca.us>; Planning Commissioner Stefanie Elle <Stefanie.Elle@ci.gilroy.ca.us>; Planning Commissioner Adriana Leongardt <Adriana.Leongardt@ci.gilroy.ca.us>; Planning Commissioner Joan Lewis <Joan.Lewis@ci.gilroy.ca.us>; Planning Commissioner Kelly Ramirez <Kelly.Ramirez@ci.gilroy.ca.us>; Planning Commissioner Michelle Montez <Michelle.Montez@ci.gilroy.ca.us> Cc: Planning Division (Public) <planningdivision@cityofgilroy.org> Subject: EXTERNAL - Please Deny Electronic Billboards Dear Council and Commission of Gilroy, Please do not approve the electronic billboard applicaƟon before you. Our city of Belmont was bribed to accept one of these by what they thought to be an enormous windfall. In hindsight it was not worth it. Residents are horrified by it’s intrusion and offence to wildlife and commercial blight. The glare reflects all night to residents at the adjacent hotels and is visible even from the hilltop homes ½ mile away. Light polluƟon is an increasing problem and, despite claims, these fully illuminated billboards contribute a lot to the environmental problems caused by too much nighƫme light. Not to menƟon the offensive commercializa Ɵon of our roads. The Gilroy area is blessed to have retained a lot of surrounding natural space where wildlife take sanctuary from our urban development. Don’t be bribed. Vote NO to highway blight and intrusive nigh Ɵme light. KrisƟn Mercer Belmont “It actually doesn’t take much to be considered a difficult woman. That’s why there are so many of us.” – Jane Goodall This email has been checked for viruses by Avast antivirus software. www.avast.com CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. 2 1 Cindy McCormick From:Planning Commissioner Manny Bhandal Sent:Wednesday, February 1, 2023 7:25 PM To:Sharon Goei; Cindy McCormick Subject:Fwd: EXTERNAL - Please vote down increased allowance for digital billboards in Gilroy Begin forwarded message: From: Bruce England < To: Planning Commissioner Manny Bhandal <manny.bhandal@ci.gilroy.ca.us>, Planning Commissioner Annedore Kushner <annedore.kushner@ci.gilroy.ca.us>, Planning Commissioner Stefanie Elle <stefanie.elle@ci.gilroy.ca.us>, Planning Commissioner Adriana Leongardt <adriana.leongardt@ci.gilroy.ca.us>, Planning Commissioner Joan Lewis <joan.lewis@ci.gilroy.ca.us>, Planning Commissioner Kelly Ramirez <kelly.ramirez@ci.gilroy.ca.us>, Planning Commissioner Michelle Montez <michelle.montez@ci.gilroy.ca.us> Cc: Planning Division (Public) <planningdivision@cityofgilroy.org> Subject: EXTERNAL - Please vote down increased allowance for digital billboards in Gilroy Dear Planning Commission members: As a South Bay Area resident with grave concerns about overlighting in our region, I'm very troubled about any plans to change the zoning rules for increases in billboard lighting allowances, and I urge you to vote this down and to be strong in your opposition during deliberations. Note that we in your neighboring city of Mountain View are preparing to tighten lighting rules this year through ordinance updates and with guidance from the International Dark-Sky Association and other related advisory bodies. The background that I'm aware of: The City of Gilroy is in the process of changing the City’s zoning code to allow digital billboards and approve a 75-foot, 2- sided electronic billboard aimed at motorists on Highway 101 to advertise (mostly) car dealerships to motorists. T he plan has drawn opposition from the residents, environmental organizations (including Loma Prieta Chapter) and the Lick Observatory, suggesting that the billboards despoil the rural nature of the town, introduce harmful light pollution to the environment, and add to the light clatter that constrains the work of the Lick observatory on Mt. Hamilton. This is despite the City’s environmental review that concluded that electronic billboards will not have a significant impact on the environment. Electronic Billboards purposely distract drivers. Some studies show that more accidents occur on highways near billboards. Light pollution permeates our environment, harming ecosystems, wildlife, and people, as well as research by astronomers. Electronic billboards create visual clatter that increases stress and degrades quality of life for all. Unlike other issues in the public realm, where opinions differ and compromises are feasible, the pervasive and unavoidable CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. 2 impacts of electronic billboards are impossible to reconcile. The project is coming to a second discussion at the Thursday, February February 2, 2023, Planning Commission Meeting. The meeting starts at 6PM, and this item will be discussed after some process issues and general public comments. Thanks for your consideration, Bruce England 19314880.8 February 2, 2023 VIA ELECTRONIC MAIL City of Gilroy Planning Commission Sharon Goei, Community Development Director Cindy McCormick, Senior Planner City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Re: Potential Benefits of Digital Billboards to the City of Gilroy’s Economy Dear Ms. Goei and Ms. McCormick, During the Planning Commission's January 19, 2023 public hearing on a proposed electronic billboard ordinance, members of the Planning Commission and the public inquired about the benefits of allowing digital billboards in the City. More simply, people asked, "Why should the City consider doing this?" By this letter, we would like to answer this question. Individual billboards would be subject to a development agreement between the City and a sign owner, which is a contractual arrangement that would provide the City with certain direct benefits, such as free municipal advertising time and a revenue share. However, there are more significant, indirect benefits that the City and its business community would experience from allowing digital signage. Billboards have been a fixture of the advertising landscape for decades, providing businesses with a cost-effective way to reach a wide audience. As an advertising tool for businesses of all sizes, billboards provide a significant contribution to the economic health of local governments. Billboards do so by increasing the visibility of mom-and-pop businesses; increasing sales for larger, formula retail stores; and promoting local involvement (i.e., advertising civic and municipal events to attract people to the City to spend money on local businesses). Outdoor advertising thereby increases profits for local businesses and sales tax revenue for local governments. For the City of Gilroy, a modest allowance for digital, outdoor advertising would offer the following potential economic benefits: • An enhancement of commercial sales in City businesses, including without limitation its retail shopping outlets, Newman Development, Regency Center, and Downtown Core, by $4.1 million to $16.7 million (representing a conservative range of 5 to 20%).1 • An increase in City sales and other tax revenues by $760,000 and $3.1 million (representing a conservative range of 5 to 20%), which could fund a variety of public 1 The potential upside is a 25% increase in sales, although we chose to present a more conservative figure of 20% increase. Mr. Andrew Faber Ms. Jolie Houston February 2, 2023 Page 2 19314880.8 programs, such as salary increases for police, fire, and other city workers, or improvements in public infrastructure and equipment. The availability of outdoor advertising would support Gilroy's local businesses. While it is uncertain what percentage of advertising sign would be utilized by local businesses, nationwide statistics have shown that local business represent approximately 70% of advertising industry revenues.2 In the San Francisco Bay Area Market, local businesses have accounted for 64% of the total billboard advertising market. Meanwhile, the City's economy is well-positioned to benefit from outdoor advertising, even in a limited amount. The City generates most of its sales tax revenue from industries that typically use billboards, such as outlet centers, auto dealers, service stations, and the hospitality industry.3 Together, these businesses contribute $15.2 million to the City’s annual sales tax revenue of $18.3 million, and approximately $1.35 million in transient occupancy taxes annually.4 Since businesses estimate that outdoor advertising contributes up to 20% of the their sales, outdoor advertising could add as much as $3.1 million in additional City’s sales tax per year, in addition to increases in transient occupancy taxes.5 This letter analyzes the ways in which outdoor advertising supports local businesses and formula retail businesses (e.g., stores populating outlets) by expanding their customer base and revenues. This letter also evaluates the significance of outdoor advertising’s contribution to local economies, including the City’s economic well-being. I. Outdoor Advertising is beneficial to small and local businesses For local businesses, billboards have the following benefits in that they: • help to communicate with and attract new customers; • allow efficient targeting of consumers in a given trade area; and • are cost-effective compared to other traditional media. Furthermore, the size and placement flexibility of billboards allow them to serve a function that is different from a business’ on premise signage. Small and local businesses, travel-related businesses such as hotels, restaurants, gas stations, and businesses related to entertainment and tourism are more reliant on billboards than other types of businesses due to the need to 2 FLORIDA TAX WATCH, T HE ECONOMIC IMPACT OF F LORIDA ’S OUTDOOR ADVERTISING INDUSTRY FROM A PRE- AND POST-SEPTEMBER 11, 2001 PERSPECTIVE at 3 (data from national surveys). 3 CITY OF GILROY , ADOPTED BIENNIAL BUDGET 254 (adopted June 7, 2021), https://www.cityofgilroy.org/DocumentCenter/View/12223/Fiscal-Year-2022-and -2023-Adopted - Budget. 4 Id. 5 Id.; Charles R. Taylor, Business Perceptions of the Role of Billboards in the U.S. Economy, JOURNAL OF ADVERTISING RESEARCH 150, 150 & 159. Mr. Andrew Faber Ms. Jolie Houston February 2, 2023 Page 3 19314880.8 direct motorists to their location or convince them of the benefits of the business as they pass by.6 Given this pattern, businesses do not generally see other media as cost-effective substitutes for billboards. Flyers can be locally targeted but have limited potential for effective reach.7 Other local media, such as newspapers, radio, and television, involve both higher cost per thousand exposures and waste circulation.8 Additionally, production costs associated with developing billboards are generally substantially lower than traditional media such as magazines, radio, and television.9 Online and email advertisements can be effective, but often end up in spam folders. On average, it costs $7.50 to reach 1,000 people with digital place-based media.10 Compared to other media sources, it costs approximately $6.75 for radio, $23.33 for podcasts, $13.24 for magazines, $46.82 for newspaper, $20 for broadcasting TV, $12 for cable TV, and $2.21 - $10.47 for online advertising per 1,000 people.11 Across industries, local and small businesses represent about 77% of advertisers, and 92% of them (about 70% of all billboard advertisers) have less than 50 employees.12 Local businesses, meanwhile, represent approximately 70% of outdoor advertising industry revenues.13 Data also confirms that businesses electing to use outdoor advertising are repeat customers, finding value in this median. For instance, the median user has been in business for between 11 and 25 years and has been using billboards within the same 11-25 year range.14 In fact, historical evidence shows that states banning billboards lag behind other states in new business formations and in tourism spending.15 With respect to the City of Gilroy, outdoor advertising could increase revenue for local retail stores and the hospitality industry within the City, whi ch in turn are important to the vitality of the City’s economic health. As noted above, hotels, restaurants, gas stations, and businesses 6 Charles R. Taylor, Business Perceptions of the Role of Billboards in the U.S. Economy, JOURNAL OF ADVERTISING RESEARCH at 152 -53; see, e.g., FLORIDA TAX WATCH, THE ECONOMIC IMPACT OF FLORIDA’S OUTDOOR ADVERTISING INDUSTRY FROM A PRE- AND POST -SEPTEMBER 11, 2001 PERSPECTIVE a t 3-4 & fns. 3-5 (February 2002) (showing similar data from multiple national surveys). 7 Charles R. Taylor, Business Perceptions of the Role of Billboards in the U.S. Economy, JOURNAL OF ADVERTISING RESEARCH at 159. 8 Id. at 159. 9 Id. 10 Soloman Partners, Media CPM Comparisons (January 2022); Outfront Media data. 11 Soloman Partners, Media CPM Comparisons (January 2022); Outfront Media data. 12 FLORIDA T AX WATCH, THE ECONOMIC IMPACT OF FLORIDA ’S OUTDOOR ADVERTISING INDUSTRY FROM A PRE- AND POST-SEPTEMBER 11, 2001 PERSPECTIVE at 3 (data from national surveys). 13 Id. 14 Charles R. Taylor, Business Perceptions of the Role of Billboards in the U.S. Economy, JOURNAL OF ADVERTISING RESEARCH at 154. 15 WILLIAM LILLEY III, LAURENCE J. DEFRANCO, AND CLARENCE W. BUFFALO, AN ANALYTICAL INQUIRY : DO STATES THAT BAN BILLBOARDS HAVE INCREASED TOURISM AND IMPROV ED ECONOMIES ?, IMAP DATA INC. 3 (September 2001). Mr. Andrew Faber Ms. Jolie Houston February 2, 2023 Page 4 19314880.8 related to entertainment and tourism are prime beneficiaries of outdoor advertising, which could boost sales by up to 20%.16 In the City of Gilroy, there are at least 17 hotels, 89 restaurants, and 19 gas stations, and many other hospitality business. We understand these businesses especially thrive during City events such as the Gilroy Garlic festival, Garlic City Car Show, and Gilroy Farmers’ Market.17 II. Outdoor advertising could result in millions of dollars in increased profits for Gilroy businesses Outdoor advertising has a positive impact on all businesses — not only local, mom-and-pop stores, but formula retail outlet stores and automotive dealerships.18 By way of example, in 2019, Outfront Media commissioned a study on the effect of outdoor advertising on the automotive industry. This study found that use of outdoor advertising can boost sales in the automotive industry, with exposure to outdoor ads resulting in a 17% increase in the likelihood of purchasing a new vehicle.19 Outdoor advertising can also indirectly drive consumer action. Among those consumers viewing an automotive advertisement on an outdoor advertising display, 43% engaged with the ad by ways of subsequently visiting a website, conducting research online, or sharing information by words of mouth. Approximately 20% followed the dealer or brand on social media.20 In other industries, it is estimated that outdoor advertising can increase a businesses’ total sales by as much as 20%.21 For Gilroy, businesses within the City could potentially see increased sales as follows: • Auto sales, which currently generate approximately $36.2 million in revenue per year, could see an increase of $1.8 million to $7.2 million (representing a conservative range of 5 to 20%). • Other City businesses, which currently generate approximately $47.4 million in revenues per year, could see an increase of $2.3 million to $9.5 million (representing a conservative range of 5 to 20%). 16 Id. at 150 & 159. 17 For more information, visit https://visitgilroy.com/restaurants/. 18 WILLIAM LILLEY III, LAURENCE J. DEFRANCO, AND CLARENCE W. BUFFALO, AN ANALYTICAL INQUIRY : DO STATES THAT BAN BILLBOARDS HAVE INCREASED TOURISM AND IMPROV ED ECONOMIES ?, IMAP DATA INC. 2-8 (September 2001); see also TASTY AD, Top 20 Businesses That Use Billboards (June 22, 2018), https://www.tastyad.com/top-businesses-that-use- billboards/. 19 OUTFRONT COMMISSIONED STUDY WITH NINTH DECIMAL , POLK AUDIENCE MEASUREMENT SOLUTIONS BY HIS MARKIT 2019. 20 Id. 21 Charles R. Taylor, Business Perceptions of the Role of Billboards in the U.S. Economy, J. ADVERTISING RESEARCH 150, 150 & 159. Mr. Andrew Faber Ms. Jolie Houston February 2, 2023 Page 5 19314880.8 Outdoor advertising continues to be an economic catalyst for businesses and, with respect to the business community in Gilroy, could result in millions of additional revenue, supporting more jobs and higher wages. III. Billboards support local economy through generation of sales tax revenue, payment of billboard lease, and free advertising for city activities For the City of Gilroy, the economic impact of outdoor advertising could be significant. Sales tax represents the largest single source of General Fund revenue that the City receives, representing 37% of the General Fund based on projections for the fiscal year 2023.22 The City collected an average of $18.3 million in sales tax per year over the period of 2016-202 0. Of this, approximately $6.4 million came from general retailers (outlet center, Newman Development, Regency Center, and Downtown Core), $3.3 million from automotive dealers, and $1.2 million from service stations. In this same period, the City also collected transient occupancy tax (an average of $1.35 million annually in the period of 2019-202 1) and motor vehicle tax (an average of approximately $34,000 annually).23 The outlet center, auto dealers, and service stations are leading contributors to the City’s sales tax revenues.24 As noted above, these businesses are also frequent billboard users due to their reliance on directional and localized advertising and target audience of nonresident consumers.25 In the previous section of this letter, we noted that local businesses could see increased sales by as much as 20%. Improvements in the health of local businesses translates into direct dollars for the City. For instance, a 20% increase in local business revenue could result in the following annual benefits: • An increase of up to $1.28 million in the City’s sales tax revenue from retail stores; • An increase of up to $658,000 in the City’s sales tax revenue from automotive dealerships; • An increase of up to $235,000 in the City’s sales tax revenue from service stations; • An increase of up to $269,000 in the City's collected transient occupancy tax; • An increase of up to $6,800 in the City's collected motor vehicle tax; and 22 CITY OF GILROY , ADOPTED BIENNIAL BUDGET at 37. 23 Id. at 47. 24 Id. at 254. 25 Charles R. Taylor, Business Perceptions of the Role of Billboards in the U.S. Economy, JOURNAL OF ADVERTISING RESEARCH at 152-53; see, e.g., FLORIDA TAX WATCH, THE ECONOMIC IMPACT OF FLORIDA ’S OUTDOOR ADVERTISING INDUSTRY F ROM A PRE- AND POST-SEPTEMBER 11, 2001 PERSPECTIVE at 3-4. Mr. Andrew Faber Ms. Jolie Houston February 2, 2023 Page 6 19314880.8 • Overall, an increase in sales tax of $3.1 million (from all types of businesses in the City, based on historical collections of $15.2 million in sales tax annually 26). Even if outdoor advertising only increased revenue by 5%, City sales tax and other revenues could, collectively, increase by $760,000. Such funds would be available for use in whatever manner the City deemed appropriate, and could help finance public servant salaries, equipment, or infrastructure. CONCLUSION Outdoor advertising plays a significant role in supporting local economies. By providing an efficient and affordable platform for businesses to promote their products and services, outdoor advertising drives consumer spending and stimulates economic growth. It is also an effective way for local governments and organizations to communicate important messages and information to the public, promoting community engagement and involvement. Very truly yours, Jeff McCuen Very truly yours, Sean Marciniak Hanson Bridgett LLP CC City of Gilroy Planning Commission Andy Faber, City of Gilroy City Attorney 26 CITY OF GILROY , ADOPTED BIENNIAL BUDGET at 254 (This calculation excludes County and State allocated tax revenue.)