Resolution No. 2023-03 | Zoning Amendment Application (Z 18-04) to Amend the Gilroy City Code, Chapter 30, Section 30.37.30. | Adopted 02/02/2023 RESOLUTION NO. 2023-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY DENYING A ZONING AMENDMENT APPLICATION (Z 18-04)
TO AMEND THE GILROY CITY CODE, CHAPTER 30 (ZONING)
SECTION 30.37.30 (PROHIBITED SIGNS), SECTION 30.37.50
(COMMERCIAL AND INDUSTRIAL DISTRICTS), AND SECTION 30.37.51
(FREEWAY ORIENTED SIGNS) AND CREATING ARTICLE LV
(ELECTRONIC BILLBOARDS)
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) (“Project”); and
WHEREAS, the project would also require an amendment to City Code Section 30.37.50
(Commercial and Industrial Districts) and the creation of new City Code requirements for the
establishment and operation of an electronic billboard (Article LV, Electronic Billboards); and
WHEREAS, On September 14, 2020 the Gilroy City Council held a public meeting to review
the proposal and provide preliminary feedback to City staff in the evaluation of the proposal; and
WHEREAS, On March 15, 2021 the Gilroy City Council held a public meeting to review
draft policy recommendations to regulate electronic billboards in the City of Gilroy and provide
preliminary feedback to City staff in the continued evaluation of the proposal; 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 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. 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, the public review period for the Draft MND began on August 5, 2022 and ended
on September 5, 2022 and whereas the City prepared a Final MND with response to public
comments; and
WHEREAS, on October 25, 2022 the City of Gilroy held an informational community
meeting to provide an overview of the project and provide the public with an opportunity to ask
questions on the project; and
WHEREAS, on January 19, 2023 the Planning Commission held a duly noticed public
meeting, at which time the Planning Commission received and considered the staff report as well as
all evidence received including written and oral public testimony related to the proposed Zoning
Amendment (Z 18-04); and
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Ordinance No. 2023-03
Page 2
WHEREAS, on January 19, 2023 the Planning Commission continued the public hearing to
February 2, 2023; and
WHEREAS, on February 2, 2023 the Planning Commission held a duly noticed public
meeting, at which time the Planning Commission received and considered the staff report as well as
all evidence received including written and oral public testimony related to the Final Mitigated
Negative Declaration (MND) and proposed Zoning Amendment (Z 18-04); and
WHEREAS, the Planning Commission of the City of Gilroy voted to not recommend that
the City Council adopt the Mitigated Negative Declaration (MND); and
WHEREAS, the Planning Commission of the City of Gilroy voted to deny a Zoning
Amendment application (Z 18-04) to amend the Gilroy City Code Section 30.37.30 (Prohibited
Signs), Section 30.37.50 (Commercial and Industrial Districts), and Section 30.37.51 (Freeway
Oriented Signs) and creating a new Zoning Ordinance Article LV (Electronic Billboards); and
WHEREAS, the location and custodian of the documents or other materials which constitute
the record of proceedings upon which the project approval is based is the Community Development
Department, Planning Division.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby denies application Z 18-04 for a Zoning Amendment amending City Code Section
30.37.30 (Prohibited Signs), Section 30.37.50 (Commercial and Industrial Districts), and Section
30.37.51 (Freeway Oriented Signs) and creating a new Zoning Ordinance Article LV (Electronic
Billboards).
PASSED AND ADOPTED this 2nd day of February, 2023 by the following roll call vote:
AYES: Commissioners Elle, Leongardt, Ramirez, and Vice Chair Kushner
NOES: Commissioners Lewis, Montez, and Chair Bhandal
ABSENT: None
ABSTAIN: None
_________________________________ __________________________________
Sharon Goei, Manny Bhandal,
Community Development Director Chairperson
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