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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 DocuSign Envelope ID: A66C1AFC-5E50-49D8-9548-E60418094B27 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 DocuSign Envelope ID: A66C1AFC-5E50-49D8-9548-E60418094B27