Gilroy City Council
March 20, 2023

or create other operational impacts on surrounding uses, or the public health, safety or general welfare of the City.

Section 30.55.20 General Requirements
(a) Consistency with Local, State and Federal Law. The owner and operator of the electronic billboard shall comply with all applicable federal, state, or local laws when constructing, operating, improving, maintaining, repairing, and removing the electronic billboard(s), including the Highway Beautification Act of 1965 (23 U.S.C. § 131), the Outdoor Advertising Act (Cal. Bus. & Prof. Code § 5200 et seq.), and the regulations promulgated to implement the Outdoor Advertising Act (4 Cal. Code Regs. § 2242(c) et seq.).
(b) Property Owner Consent. No electronic billboard(s) shall be approved for any site without proof of legal or equitable interest in the site, and the written consent of the property owner, demonstrating the right to install and operate the electronic billboard(s) on the subject property.
(c) City Agreement. The owner/operator shall enter into a development agreement, operating agreement, lease agreement, contract, license or other accord in form acceptable to the City Attorney with the City ("City Agreement"), setting forth any required fees, revenues, terms, off-site advertisement criteria, content control standards, community service message provisions, community outreach requirements, maintenance standards, conditions that trigger billboard removal, and other covenants or restrictions needed to offset or mitigate the impacts of a proposed electronic billboard(s).
1) The City Administrator shall make recommendations to the city council regarding the type and content of the City Agreement. The city council shall have final City Agreement approval authority. 2) Nothing contained in this Article shall require the City to negotiate and/or approve a City Agreement on terms that are unacceptable to the City or the City Attorney in their sole and absolute discretion. 3) The City Agreement shall include requirements that applicants obtain all additional federal, state, and local permits and approvals necessary for installation.
4) The City Agreement may include provisions requiring removal or replacement of other billboards owned by the owner/operator. (d) Relocation. Any electronic billboard(s) erected in accordance with this ordinance may be subsequently relocated to another location in accordance with this Article.
(e) Maximum Number. A maximum of two (2) electronic billboard(s) may be

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Electronic Billboards Ordinance
City Council Regular Meeting | March 20, 2023

permitted in the City of Gilroy.
(f) Minimum Distance Between Electronic Billboard(s). The minimum distance between electronic billboard(s) shall be 1.5 miles. All distances shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway.
(g) Additional Standards and Provisions. Based on new or updated information or studies, the city council may amend the standards and other provisions set forth in this Article to mitigate effects on the visual environment or on residential properties or other sensitive receptors; to reduce driver distractions or other hazards to traffic; or to otherwise protect and promote the public health, safety, and welfare.

Section 30.55.30 Development Standards
(a) Location.
1) Electronic billboards may be located on-site or off-site on private or public property, designated on the General Plan Land Use Diagram as General Services Commercial or City Gateway District.
2) Electronic billboard(s) shall not be allowed in any area designated as "Landscaped Freeway" as defined under California Business & Professions Code Section 5216, unless otherwise permitted by State law. 3) No part of any electronic billboard(s) shall cross onto an adjacent private or public property.
(b) Distance from Highway 101. The electronic billboard(s) shall be located within 660 feet of Highway 101.
(c) Distance to and Visibility from Residential and Hotel Uses. Electronic billboard(s) shall be placed at least 500 feet from any residential zone or residential use. The measurement shall be from the closest edge of the billboard to the closest edge of the residential zone or closest property line on which a residential use is located. To the extent possible, the electronic billboard(s) shall be located and oriented in a manner that avoids or minimizes the direct exposure of the display as viewed from adjacent or nearby residential or hotel uses. (d) Vehicular Safety. No electronic billboard(s) shall be placed, constructed or maintained on any property in the City of Gilroy if its location, size, nature, or type constitutes or tends to constitute a hazard to the safe and efficient operation of vehicles. Electronic billboard(s) operating in accordance with this Article, the Outdoor Advertising Act, the California Vehicle Code, and the City Agreement shall be deemed to be in compliance with this subsection.

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(e) Maximum Height. The maximum height of any electronic billboard(s) including any architectural design elements shall be 75 feet as measured from grade at the base of the sign to the highest point of the sign structure, provided that the measured grade does not include fill or berms. (f) Maximum Digital Display Surface Area. The maximum total digital display surface shall be less than or equal to six hundred seventy-two (672) square feet per sign face, with no more than two sign faces per electronic billboard(s). (g) City Branding. Unless otherwise approved by the city council, the electronic billboard(s) shall include the words "City of Gilroy" and/or the City insignia permanently affixed above the digital display area. This branding shall not be included in the maximum digital display surface area, but shall be included in the overall height.

Section 30.55.40 Operational Standards
(a) Electronic billboard(s) shall conform to the requirements of the City Agreement and approved electronic billboard(s) permit.
(b) Public Service Announcements. The City of Gilroy shall be permitted to use a minimum number or percentage of advertising spots for City events, public information, emergency alerts, and other similar public service announcements, in accordance with the City Agreement approved for the electronic billboard(s). (c) Emergency Alerts. Electronic billboard(s) shall be connected to the National Emergency Network and provide emergency information, including child abduction alerts (i.e., "Amber Alerts"), in accordance with local and regional first responder protocols.
(d) Content limitations. No electronic billboard(s) shall display any statements or words of an obscene, indecent or immoral character, or any picture or illustration of any human figure in such detail as to offend public morals or decency, or any other matter or thing of an obscene, indecent or immoral character, pursuant to Business and Professions Code Section 5402 and judicial decisions interpreting the same.
(e) Vehicular Safety. Electronic billboard(s) shall not be operated in such a fashion as to constitute a hazard to safe and efficient operation of vehicles on streets or freeways and shall comply with all applicable local, state, and federal laws and regulations. Electronic billboard(s) operating in accordance with this Article, the Outdoor Advertising Act, the California Vehicle Code, and the City Agreement shall be deemed to be in compliance with this subsection. (f) Electronic billboard(s) shall not simulate or imitate any directional, warning, danger, or information sign, or any other display likely to be mistaken for any

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permitted sign intended or likely to be construed as giving warning to traffic, for example using such words or phrases as "stop" or "slow down.” (g) Electronic billboard(s) shall not incorporate or involve any red or blinking or intermittent lighting that may be mistaken for warning or danger signals nor shall its illumination impair the vision of travelers on the adjacent freeway and for roadways.
(h) Message Standards.
1) Static image/messages. Electronic billboard(s) shall display only still or static images or messages.
i. Static image/message(s) shall not include the varying of light intensity.
ii. Static image/message(s) shall not move or present the appearance of motion and shall not use flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination. 2) Minimum display time. Each image or message on the sign shall be displayed for a minimum of eight (8) seconds.
3) Maximum transition time. Transition or blank screen time between still images may not exceed one (1) second.
(i) Illumination Standards.
1) Light intensity. The intensity of each lighting element or lamp within the visual display or the electronic billboard(s) structure shall not impair the vision of drivers or travelers. Illumination shall be considered vision impairing when its brilliance exceeds the values set forth in section 21466.5 of the California Vehicle Code, or any successor statute or California Department of Transportation regulations.
2) Auto-off. The electronic billboard(s) shall be designed and operated with systems and monitoring in place to either turn the display off or show full black screen in the event of a malfunction.
3) Automatic dimming device. Electronic billboard(s) shall have a light sensing device that will automatically adjust the brightness as ambient light conditions change.
4) Illumination orientation. The electronic billboard(s) shall aim, focus and shield any illumination sufficiently to prevent glare or overcast of illumination into adjacent residential or hotel vantage points. 5) Brightness. The maximum intensity of light output produced by

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electronic billboard(s) display shall not exceed 0.3 foot-candles above the ambient light level at any time, as measured using a foot-candle meter at a distance of 250 feet, and shall otherwise comply with section 5403(g) of the Outdoor Advertising Act and section 21466.5 of the California Vehicle Code.

Section 30.55.50 Application Review procedures
(a) Electronic Billboard(s) Permit. An electronic billboard(s) permit and associated environmental review shall be required for the establishment and operation of electronic billboard(s).
(b) Application. Applications for establishment and operation of electronic billboard(s) shall be filed with the planning department on a form prescribed for this purpose by the City of Gilroy. A site development plan and architectural design drawings shall accompany the application. Such other pertinent information shall be included as may be required by the application filing requirements and deemed necessary to evaluate the application. (c) Permit Fees. Fees shall be charged on a time and materials basis and shall include payment for project review and preparation of documents, legal fees, CEQA fees, noticing fees, and any other fees deemed reasonably necessary to establish compliance with the requirements of this Article. (d) Planning Commission Public Hearing. The planning commission shall conduct a duly advertised public hearing to consider the application, pursuant to the provisions of Article LI. The planning commission shall announce its decision to recommend approval, or to deny or deny without prejudice the requested electronic billboard(s) application. In the case of a recommendation of approval, the planning commission shall adopt a resolution and make findings demonstrating that the application is necessary to carry out the general purpose of this Article and applicable general plan goals and policies. In the case of a recommendation of approval, the application will be scheduled for a city council hearing. The action of the planning commission denying the application shall be final and conclusive unless within twenty (20) days following the adoption of the resolution by the planning commission, an appeal in writing is filed with the clerk of the city council by the applicant or an interested party. (e) City Council Public Hearing. If the planning commission adopts a resolution recommending approval or if a denial is appealed, the city council shall conduct a duly advertised public hearing pursuant to the provisions of Article LI. The city council may approve, modify or deny a proposed electronic billboard(s) application.

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City Council Regular Meeting | March 20, 2023

(f) Necessary Findings. To grant electronic billboard(s) approval, the council must make the following findings:
1) The location, design, and operation of the proposed electronic billboard(s) is consistent with the goals, objectives, purposes and provisions of the General Plan, the City Code, this Article, and any applicable policies, master plans, or specific plans;
2) The proposed electronic billboard(s) will promote both economic development and public benefits that would not otherwise accrue to the public in the absence of its installation;
3) The proposed electronic billboard(s) is architecturally compatible with the uses and structures on the site and in the surrounding area; 4) The proposed electronic billboard(s) will not create a hazard to vehicular or pedestrian traffic; and
5) The proposed electronic billboard(s) will not result in a threat to the general health, safety and welfare of City residents.
(g) Conditions. The granting of approval for electronic billboard(s) may include such conditions as the planning commission or city council deems reasonable and necessary under the circumstances to carry out the requirements of the General Plan, City Code, and the intent of this Article. The following conditions shall be standard on all electronic billboard(s) approvals, where applicable:
1) City Agreement. The owner/operator shall enter into a City Agreement with the City, as provided in Section 30.55.20(c) of this Article. The Permit shall not take effect until a City Agreement is executed by the owner/operator and the City.
2) Caltrans Off-Site Advertising Permit. The owner/operator shall obtain any required permit from the California Department of Transportation (“Caltrans”) for any proposed electronic billboard(s). The electronic billboard(s) permit shall be conditioned to require the owner/operator to provide the City with a copy of the approved Caltrans permit prior to issuance of a building permit for construction of the electronic billboard(s). 3) Federal, State, and Local Laws. The owner/operator shall comply with all applicable federal, state, and local laws when constructing, operating, improving, maintaining, repairing, and removing the electronic billboard(s), including any applicable provisions of the Highway Beautification Act of 1965 (23 U.S.C. § 131), the Outdoor Advertising Act (Cal. Bus. & Prof. Code, § 5200 et seq.), and the regulations promulgated to implement the Outdoor Advertising Act (4 Cal. Code Regs. § 2242(c) et seq.).

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4) Operational Impacts. Operation of the electronic billboard shall not create significant adverse impacts on surrounding uses, or the public health, safety or general welfare of the City. Electronic billboards operating in accordance with this Ordinance and in compliance with the City Agreement shall be deemed to be in compliance with this subsection. 5) Maintenance: The owner/operator shall ensure that the electronic billboard(s) and support structures do not provide an attractive nuisance and shall be continually maintained free from graffiti. The owner/operator shall ensure that maintenance service is available by telephone and able to respond to a repair call “24/7”in the event electronic billboard(s) becomes damaged or is malfunctioning.
6) Noise reduction. To the extent necessary, electronic billboard(s) shall incorporate noise reduction and attenuation remedies sufficient to limit any exterior intermittent noise level effects (intensity and frequency) in accordance with the standards of the City's City Code and General Plan. 7) Time Limits. If any application for which electronic billboard(s) approval has been granted has not obtained building permits within one (1) year from the date of notification of approval, the approval shall be deemed automatically revoked. Upon application, an extension of time may be granted by the city council.
8) Compliance Hearings. A minimum of three initial compliance hearings before the City planning commission and/or city council shall be required as follows: (a) six months from the date of final building permit issuance; (b) six months from the date of the first compliance hearing; and (c) 12 months from the date of the second compliance hearing. Upon a finding of substantial compliance, the Community Development Director may waive the second and/or third hearing. Following the initial compliance hearing(s), the owner/operator, and/or property lease holder shall be subject to subsequent compliance hearings before the City upon request, due to noncompliance. 9) City Agreement / Permit Violations. Upon finding that the electronic billboard(s) is not being operated in compliance with the City Agreement and/or all conditions of approval, the Community Development Director shall forward a copy of the findings of such violation to the planning commission for hearing. The applicant shall also be sent notice at least ten (10) days prior to the date of such hearing. If the planning commission finds that a violation has occurred, the electronic billboard(s) owner, operator, and/or property lease holder shall abate or remove the violation.

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Electronic Billboards Ordinance
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SECTION V
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby.

SECTION VI
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.

INTRODUCED ON the 20th day of March 2023, PASSED AND ADOPTED this __ day of ______ 2023 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk

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19350377.4
Hanson Bridgett LLP
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February 17, 2023

VIA ELECTRONIC MAIL
Marie Blankley, Mayor of the City of Gilroy
Members of the Gilroy City Council
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Re: Appeal of Planning Commission’s February 2, 2023 Denial of Ordinance Change (Project Number: Z 18-04)
Dear Mayor Blankley and Honorable Members of the City Council:

Outfront Media, Inc. is an outdoor media company that provides digital advertising services for businesses so they can reach their target audiences. Although Outfront provides advertising services to businesses of all sizes, the majority of Outfront’s users are small and local businesses.

By this letter, Outfront appeals the City Planning Commission's split decision on February 2, 2023 to deny a proposal to change the City's sign ordinances ("Proposed Ordinance").

Almost five years ago, on May 4, 2018, local business owner Mike Conrotto submitted an application for an ordinance change that would permit a maximum of two electronic billboards within the City. On January 19, 2023, the Planning Commission reviewed the application but continued the hearing for further discussion. On February 2, 2023 the Planning Commission resumed the Public Hearing and, on a close vote of four to three, decided to deny the application.

At the Planning Commission meetings, members of the local community and out-of-town members of a San Jose group called "No Digital Billboards in San Jose" spoke against the ordinance change. Meanwhile, members of the Gilroy business community spoke out in favor of the zoning amendment. The debate was spirited and, listening to both sides, one came away with the sense that the City had to choose between preservation of its small-town feel, on the one hand, and a significant influx of money to local businesses and the City, on the other. In this day and age, we are accustomed to binary debates — things are one thing or the other, and there is no in between.

The truth is, the City of Gilroy can have both.

A change to the City's sign ordinance could enhance commercial sales in City businesses by as much as $16.7 million and City tax revenues by $3.1 million. Local businesses would benefit most, according to studies and statistics. Meanwhile, the ordinance change would allowjust two digital billboards in the entire City, and these billboards would be located in urbanized areas

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adjacent to the highway — areas of the City that already are lit up at night with illuminated business signs, parking lights, and continuous highway traffic. The first sign for consideration, which Mr. Conrotto has proposed,1 would sit in a heavily used parking lot next to a Tesla dealership with modern, illuminated signage (see photos below). This site would not be visible to homes because the nearest home would sit almost two thousand feet away and on the far side of buildings and trees.

In the debate before the Planning Commission, one would believe, in the absence of factchecking, that digital signs cause disease and other maladies. It is a tactic — and an effective 1 The City would consider this application separately, at a later date, the Proposed Ordinance changes are adopted.

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one — for advocates of any cause to sensationalize claims. Unfortunately, this often comes at the expense of truth.

The City Council has a tradition of making fact-based decisions, and we request the Council continue this tradition and take a hard look at all claims and evidence in this matter. In this case, we note that the City hired an independent expert to examine the environmental impacts of the ordinance change, and would encourage the City to rely on the science-based analysis in the administrative record.

In this vein, Outfront would like to address certain misconceptions that have arisen in the course of these proceedings in the hopes of reassuring the City that digital signage is safe, and that Outfront has been a respectful neighbor in other jurisdictions — as well as a great partner with other local governments. Please consider, for instance, the following four misconceptions that have arisen, and the actual facts that matter:

1. Misconception: Billboards somehow will be allowed to showcase obscene images in the name of free speech, and the City will not be able to intervene. o Fact 1: Obscene materials cannot legally be displayed on a billboard and, as correctly explained by the City Attorney during the February 2, 2023 Planning Commission meeting, “the City will be fully protected” because the Proposed Ordinance incorporates a variety of protective mechanisms that would allow the City adequate control over the content of billboards. These mechanisms include:
(i) the requirement for compliance with a Development Agreement with the City (which would be a result of an elaborate negotiation process between the City and the billboard company, and which would go through a comprehensive review process by the City’s Planning Commission, the City Council, and the public); (ii) the requirement for the billboards to comply with federal, state, and local laws which also, and already, prohibit obscenity; and (iii) the existing regulation provisions within the Proposed Ordinance. (February 2, 2023 Archive Meeting at 1:24:21.) Specifically, Section 30.55.40(a) of the Proposed Ordinance requires billboards to comply with all applicable federal, state, and local laws; Section

30.55.20(c) requires billboard owners and operators to work out a development agreement with the City; and Section 30.55.40 incorporates standard language prohibiting obscene, indecent, or immoral character as specified in the California Business and Professions Code Section 5402.
o Fact 2: Furthermore, under the market participant doctrine, when a government is acting as a market participant, rather than a regulator, it is treated like any other private entity in the market place without being subject to certain constitutional restrictions that would normally apply to public actors. (See Trojan Technologies, Inv. v. Com. of Pennsylvania, 916 F.2d 903 (3rd Cir. 1990 [a state or state subdivision is not subject to Commerce Clause restraints where it acts as a market participant rather than a market regulator].) Since a development agreement between the City and a billboard company would be a private contract resulting from the parties’ negotiation and discussions, it would be enforceable and not subject to free speech challenges. Accordingly, and to reiterate the City Attorney’s correct statements, the City, through a development agreement, would

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be able to prohibit content such as political speech, cannabis, and any other types of objectionable content.
o Fact 3: Insofar as Outfront is able to construct a sign on Mike Conrotto's property, Outfront and Mr. Conrotto have already agreed to content prohibitions on the sign. The relevant lease provision provides: “Lessee shall not display, or allow the display, on the Sign Structure or anywhere on the Leased Premises of (i) any political signage, (ii) any advertisement that promotes the sale or use of tobacco products, alternatives to tobacco products, cannabis or other illegal substances, or (iii) contains sexually oriented content.” Outfront and Mr.

Conrotto’s can attest that their sensitivities are similar to the City's. o Fact 4: Outfront would be more than willing to add content-based restrictions to any development agreement that it ultimately negotiates with the City. By that token, to the extent any specific billboard project moves forward, Outfront proposes to include the following language regarding content restrictions in the Proposed Ordinance:

Billboards may not display any message on the digital billboard that: (a) promotes the sale of use of firearms or tobacco products, whether directly or indirectly; (b) contains advertising for cannabis or cannabis-related products; (c) promotes adult entertainment, products, conventions, events, or websites; (d) contains “obscene matter,” as that term is defined in local, California or federal law, including but not limited to any statements or words of an obscene, indecent or immoral character, or any picture or illustration of any human figure in such detail as to offend public morals or decency or any other matter or thing of an obscene, indecent or immoral character; (e) contains any “political advertising,” which means advertising that promotes or opposes any candidate for public office or promotes or opposes a ballot measure, referendum, bond issue, or any federal, state or local legislation, regulation, or other discretionary action; or (f) contains language that presents a clear-and-present danger of causing riot, disorder, or other imminent threat to public safety, peace, or order.

Outfront is open to considering additional terms.

2. Misconception: Billboard companies are litigious.
o Facts: Outfront has had good, successful partnerships with dozens of cities and counties throughout California, including without limitation, the City of Santa Clara, the City of Millbrae, Alameda County, the City of South San Francisco, the City of San Pablo, the City of Fairfield, the City of El Monte, the City of Bell Gardens, City of Buena Park, and the City of Hawthorne. Never has any of these public agency partners in California ever found Outfront’s digital signs to be in non-compliance with a local ordinance, and never has Outfront sued one of these public agency partners. The lawsuits that billboard opponents have referenced are either those brought by activist groups (not billboard companies), or rare, out10.1 p. 201 of 947
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of-state lawsuits initiated by Outfront to protect its rights against overreaching governments. Please consider, too, that:
 Outfront operates approximately 500,000 billboards across North America, and the existence of a few lawsuits does not mean Outfront is litigious.
 Governmental entities, which include hundreds of thousands of federal, state, and local agencies across the country, do not always act in accordance with the law.

At least one other local, California jurisdiction has reached out to the City to share its experience with Outfront, and we invite the City to talk with that agency — or any others — with whom Outfront has a partnership.

3. Misconception: Lights from billboards cause cancer and cognitive impairment. o Facts: There is no evidence that billboards cause any health issues. Here, the City has surgically designed the Proposed Ordinance such that brightness levels of digital signs will effectively disappear after 250 feet. The sign operates, essentially, at the same brightness as a laptop screen and, while it will be visible beyond a distance of 250 feet, it will not cast light on the ground beyond that point. Members of the public, including scientists, have claimed that "scattered light" will cause deleterious effects, but they have misused existing studies to reach their conclusions. They have let advocacy cloud their scientific judgment.

The only study that was cited to for these purposes was the article entitled “Artificial Light at Night and Cancer: Global Study” article by Al-Naggar, A., Anil, S . However, this single article is not substantial evidence because:
(a) the article focuses on the addition of light sources in untouched, natural habitat (e.g., forests)rather than urban areas, and is therefore irrelevant; (b) the article shows a limited correlation between light and disease, which is not the same thing as causation,2 and the study acknowledges that other factors, such as population size, electricity consumption, air pollution, forest coverage also could be the culprit. Other unaccounted-for factors also include water contamination, alcohol use, smoking, and obesity; and
(c) the article omits proof of its findings (the p-value of the correlation between exposure to ALAN and cancer rate) and therefore fails to substantiate its conclusion.

What people fear are the effects on their own interests. The astronomy community, for instance, is concerned about effects on the Lick Observatory, and yet this facility sits 25 miles away from the City of Gilroy. To indulge in the idea 2 It is a fallacy of logic to indulge in the idea that correlation even implies causation. The fallacy is recognized by the scientific community and even has its own Latin phrase, cum hoc ergo propter hoc.

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that two digital billboards would have any impact would require ignoring the reality that two digital signs, within a 25-mile radius of the observatory, are two points of light among the billions of lights that shine in this area from the millions of homes, businesses, and cars that bustle through the greater San Jose area.

The real fear, perhaps, is that two signs here will lead to more signs, but the City has full authority to draw the line at a single pair of signs, and its decision would be legally unassailable.

The claim that a digital billboard will cause cancer and other disease is an irresponsible claim.

4. Misconception: Billboards help big national companies at the expense of small businesses and local communities.
o Facts: Outdoor advertising is an industry that is geared towards small and local businesses. Nationally, small businesses make up 70% of outdoor advertising revenue, and, in the Bay Area, 64%.3 In fact, small and local businesses, including 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 direct motorists to their location. Furthermore, billboards provide a much more affordable advertising platform than other conventional and modern platforms.4 Section I of this letter discusses and responds to the reasoning upon which the Planning Commission based their denial. For summary, Outfront would like to preliminarily address three main bases upon which a slim majority of the Planning Commission made their denial, as follows:

1. Planning Commission assertion: The Proposed Ordinance change does not cover concerns that other cities have addressed, such as prohibitive advertising, requirement for illumination, and height restriction.
o Facts: The Proposed Ordinance change addresses all of the above points. The City, in drafting the Proposed Ordinance, has made sure that the language in the Ordinance reflects what has been adopted by other cities and are legally sufficient and valid. Specifically:
3 FLORIDA TAX WATCH, THE ECONOMIC IMPACT OF FLORIDA’S OUTDOOR ADVERTISING INDUSTRY FROM A PRE- AND POST-SEPTEMBER 11, 2001PERSPECTIV E at 3 (data from national surveys). 4 On average, it costs $7.50 to reach 1,000 people with digital place-based media. 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. Soloman Partners, Media CPM Comparisons (January 2022); Outfront Media data.

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 Regarding prohibitive advertising, proposed Section 30.55.40(c) provides that “No electronic billboard(s) shall display any statement or words of an obscene, indecent, or immoral character, pursuant to Business and Professions Code Section 5402 and judicial decisions in interpreting the same.” This content control mirrors the restrictions adopted by many other California cities, and what exists in state law.
 Regarding controls on illumination, Section 30.55.40(i)(2) provides “Electronic billboard(s) shall be designed and operated with systems and monitoring in place to either turn the display off or show full black screen in the event of a malfunction.” Section 30.55.40(i)(5) also requires that the signs' brightness never exceed 0.3 foot-candles at 250 feet, which is a brightness level that matches 30 percent of light one would see from a candle on a table. Beyond 250 feet, brightness levels generally would not register on a light meter.
 Regarding the height restriction, Section 30.55.30(e) provides “The maximum height of any electronic billboard(s) including any architectural design element shall be 75 feet as measured from grade at the base of the sign to the highest point of the sign structure, provided that the measured grade does not include fill or berms.” The City Council should be aware that taller signs are not preferred by sign companies, and generally taller heights are adopted only where there is an elevated freeway. Outfront prefers signs to be closer to the horizon, which make them easier for motorists to see.

2. Planning Commission assertion: Allowing two billboards would open the floodgates to more billboards
o Facts and law: The City would have the police power to enact and enforce its limitation on the number of billboards in the City, and any billboard companies that want to erect a third billboard within the City would have no legal basis to challenge the City’s ordinance or the City’s authority to enforce it. The idea that no public agency can put a limit on billboards is a fallacy; even state law puts a "freeze" on the number of billboards in certain parts of the state. (See, e.g., Cal.

Bus. & Prof. Code § 5443).

3. Planning Commission assertion: Allowing billboards in the City would defeat several General Plan goals, including (a) maintaining the City’s culturally rich and small-town quality, (b) revitalization of the City’s Downtown, and (3) protecting productive agricultural lands and sensitive wildlife habitats.
o Facts and law: New billboards would not compromise the City’s culture and small-town quality. As currently provided by the Proposed Ordinance, only two signs would only be permitted in the entire City, and they would have to be located in commercial and industrial areas near highways. (See Proposed Ordinance §§ 30.55.20(e), 3.055.30(a)(1) [allowing new signs only in General Services Commercial or City Gateway District].) These two signs would also

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have to be located more than 1.5 miles away from one another. (Proposed Ordinance §§ 30.55.20(f), 33.55.30(b).) To put things into perspective, these two billboards would be located in already urbanized areas and subject to the City’s individual approvals and development agreements. Additionally, the light footprint of the billboards would be no more than 250 feet from each of the billboards and, if one compares the area within this radius of light from each facing and compares it to the remainder of the City’s area of 460.5 million square feet, it would be the case that areas lit by billboard facings would amount to 0.0000042 percent of area within the City's limits. To illustrate the types of locations where these signs could be placed, the sign contemplated by Mr. Conrotto (which is not part of the instant ordinance proposal, but would be considered separately and at a later date) would sit amid a major highway, a Tesla dealership, Buick GMC dealership, auto repair businesses, fueling stations, and similar uses, as well as amid numerous, similar illuminated signs and freestanding lights. The billboard would help revitalize the City by helping the City advertise its municipal and civic events, increasing foot traffic within the City and expanding the City’s exposure to its current and prospective residents. The billboard would not have negative impacts on agricultural lands or sensitive wildlife habitats, and this fact has been substantiated by the Mitigated Negative Declaration prepared by a third party environmental consultant retained by the City.

Section II explains the benefits that billboards can bring to small and local businesses and the contributions that billboards can make to Gilroy’s economy. Specifically, the City's economy is well-positioned to benefit from outdoor advertising. 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. 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.5 Since businesses estimate that outdoor advertising contributes up to 20% of the their sales, outdoor advertising could add as much as $16.7 million in commercial sales in City’s businesses and $3.1 million in additional City’s sales tax per year, in addition to increases in transient occupancy taxes.

By this letter, Outfront appeals the Planning Commission's denial of the Proposed Ordinance change and, in doing so, hopes to clarify the misconceptions that punctuated and sidetracked the earlier discussions pertaining to the proposal.

I. Planning Commission’s Bases for Denying Ordinance Change Request a. Assertion 1: The Proposed Ordinance change does not cover concerns that other cities have addressed in their ordinances such as prohibitive advertising, requirement for nonillumination, sufficient height restriction.

The Proposed Ordinance change addresses and sets relevant standards for all of the above points. The City, in drafting the Proposed Ordinance, appears to have made reference to and 5 CITY OF GILROY, ADOPTED BIENNIAL BUDGET 254 (adopted June 7, 2021), https://www.cityofgilroy.org/DocumentCenter/View/12223/Fiscal-Year-2022-and-2023-AdoptedBudget

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incorporated provisions and controls from other existing and valid ordinances that California cities have adopted, as detailed in the table below.

To reiterate, Section 30.55.40(c) governs content prohibition, Sections 30.55.40 sets forth comprehensive and specific standards for illumination, and Section 30.55.40(c) provides legally adequate and legible height limitation. Furthermore, the Proposed Ordinance being considered by the City Council specifically conditions the construction of a billboard on the findings of consistence with the City’s General Plan, compatibility with the surrounding area, safety to vehicular and pedestrian traffic, and compliance with the general health, safety and welfare of City residents. (Section 30.55.50(f).) Additionally, section 30.55.20 requires any billboard projects to be consistent with local, state and federal law (which include the Highway Beautification Act of 1965 and the Outdoor Advertising Act), and be constructed with property owner consent and pursuant to the City’s agreement.

What follows is a list of cities and counties that have adopted similar billboard ordinances and, for convenience, we have identified the content, illumination, and height requirements in each of these local ordinances.

Table 1
Agency Ordinance
City of El Monte El Monte Municipal Code section 17.82.040 Prohibitive Content:
“No digital billboard shall display any statement or words of an ‘obscene, indecent, or immoral character,’ as that phrase is used in Business and Professions Code Section 5402 and judicial decisions interpreting the same.”
Brightness Level:
“Digital billboards shall not operate at brightness levels of more than

0.3 foot candles above ambient light, as measured using a foot candle meter [at a preset distance of] 250 feet [for face size of 14 feet x 48 feet].”
Height Limit:
“No billboard, inclusive of supporting structures, shall exceed 75 feet in height, measured from the finished grade of the freeway travel lane closest to the sign to the uppermost.”

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City of Bell Gardens Municipal Code section 9.40.065
Prohibitive Content:
“No electronic billboard shall display any statement or words of an obscene, indecent, or immoral character, as that phrase is used in Business and Professions Code Section 5402 and judicial decisions interpreting the same.”
Brightness Level:
“Electronic billboards shall not operate at brightness levels of more than 0.3 foot-candles above ambient light, as measured using a foot-candle meter, at a preset distance [of] 250’ [for face size of 14’ x 48’].”
Height Limit:
“The maximum height of any electronic billboard, including nondigital sign faces, shall be 65 feet as measured from the bottom of the billboard supports to the highest point of the sign face.” City of Buena Park Buena Park Municipal Code section 19.912.090 Prohibitive Content:
“No billboard shall display any statement or words of an “obscene, indecent, or immoral character,” as that phrase is used in Business and Professions Code Section 5402 and judicial decisions interpreting the same.”
“No billboard shall display any advertising of any drugs, including, but not limited to, marijuana or tobacco products; adult-type uses, including, but not limited to, nude or topless bars or nightclubs, or establishments that feature nude or topless dancing or mud wrestling, or businesses featuring the sales of adult novelty items, books, magazines, videos, DVDs or tapes.”
Brightness Level:
“Digital billboards shall not operate at brightness levels of more than

0.3 foot candles above ambient light, as measured using a foot candle meter at a pre-set distance [of] 250’ [for face size of 14’ x 48’].”
Height Limit:

No height limit

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City of Hawthorne Hawthorne Municipal Code section 17.88.30 Prohibitive Content:
“No billboard shall display any statement or words of an “obscene, indecent, or immoral character,” as that phrase is used in Business and Professions Code Section 5402 and judicial decisions interpreting the same.”
Brightness Level:
“Digital billboards shall not operate at brightness levels of more than

0.3 foot candles above ambient light, as measured using a foot candle meter at a pre-set distance [of] 250’ [for face size of 14’ x 48’].”
Height Limit:

Variable. The ordinance provides: “The maximum height of billboards has not been set to account for the grade differences of the freeways and to allow billboards to be designed to ensure freeway visibility. Height will be controlled through the billboard agreement and will be based upon the maximum necessary to ensure reasonable freeway visibility and minimize view and glare impacts on surrounding residential properties. If requested, the city will secure the services of a licensed engineer or architect to perform a viewshed analysis. The viewshed analysis will be funded by the applicant and will show the optimum height for visibility as well as address view impacts to adjacent residential uses.” City of Pico Rivera Pico Rivera Municipal Code section 18.46.060 Prohibitive Content:
“No digital billboard shall display any statement or words of an obscene, indecent, or immoral character, as that phrase is used in Business and Professions Code Section 5402 and judicial decisions interpreting the same.”
Brightness Level:
“Digital billboards shall not operate at brightness levels of more than

0.3 foot candles above ambient light, as measured using a foot candle meter, at a pre-set distance [of] 250’ [for face size of 14’ x 48’].”
Height Limit:

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“The maximum height of any digital billboard including non-digital sign faces shall be seventy-five feet as measured from the bottom of the billboard supports to the highest point of the sign face.” b. Assertion 2: Allowing two signs would open the floodgates to more signs The California Constitution confers the police power to local government to protect public health, safety, and welfare, stating that "[a] county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws." (Cal Const art XI, §7.)
The City of Gilroy has both the power to enact the statutory cap on the number of billboards in the City and the power to enforce such cap. This power is well-established, broad, and evolving, and court have routinely upheld cities’ exercise of their police power. (See, e.g., Ehrlich v. City of Culver City (1996) 12 Cal.4th 854, 881-82 [aesthetic reasons alone can justify the exercise of the police power]; Ewing v. City of Carmel-by-the-Sea (1991) 234 Cal.App.3d 1579 [protection of a city’s “character,” “stability,” and “soul” is valid basis for invocation of the police power].) As long as the City shows that the two-billboard cap is based on the City’s exercise of its police power to protect the aesthetics and welfare of the City of Gilroy, the cap will be legally valid and cannot be challenged by any billboard company.
• During Planning Commission hearings, some concern arose over other constitutionality issues, such as equal protection. Specifically, the concern surfaced that, if the City allowed only two signs, other sign companies could sue the City based on discrimination. Such claim would fail.

Equal Protection requires that persons similarly situated with respect to the legitimate purpose of the law receive like treatment. (College Area Renters & Landlord Ass’n v.

City of San Diego (1996) 43 Cal.App.4th 677, 686.) Legislative acts that do not impinge on fundamental rights or employ suspect classifications are presumed valid, and this presumption is overcome only by a “clear showing of arbitrariness and irrationality.” (Kawaoka v. City of Arroyo Granda (1994) 17 F.3d 1227, 1234.) Here, billboard companies are not a suspect class because they do not involve race, religion, national origin, or alienage, so the two-billboard cap would be presumed valid. The City's law would fail only if it was arbitrary and irrational, and billboard companies wanting to erect a third billboard in Gilroy would not be able to make this showing. Fundamental land use considerations provide a solid foundation for an ordinance seeking to place a hard cap on the number of signs within its jurisdictional limits.

Accordingly, many jurisdictions, including the state, have limits on the number of billboards. (See, e.g., City of Modesto Municipal Code § 10-6.108(f)(3)(ii)(a)(4.5) [maximum of seven digital displays]; Cal. Bus. & Profs. Code 5443 [no increase in signs along landscaped freeway segments allowed].)

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c. Assertion 3: Billboard companies are litigious, and litigations by billboard companies would be consuming of staff time and burdensome on City’s budget Outfront has had good, successful partnerships with dozens of cities and counties throughout California in operating digital billboards, including the City of Santa Clara, the City of Millbrae, Alameda County, the City of South San Francisco the City of Fairfield, the City of El Monte, the City of Bell Gardens, the City of Buena Park, the City of Hawthorne, the City of Carson, the City of Fountain Valley, the City of Lemon Grove, the City of Oakland, the City of Pico Rivera, and many more. This concern that approval of the digital billboard will result in billboard companies bringing litigation in the City is not substantiated by evidence. Never — not once — has Outfront sued one of these public partners in California, and never has a local government found one of Outfront's signs to fall out of compliance with the law.

During Planning Commission hearings, references to a handful of lawsuits was made. These included two lawsuits in San Jose and a lawsuit in Royal Oak.

With respect to the first lawsuit in San Jose, it was a private property owner — not a sign company — that illegally constructed a sign near the interchange of Highways 101 and 80 in San Jose and that sued the City. (See Attachment A to the September 29, 2022 Response to Comments on MND for Outdoor Advertising Display 6490 Auto Mall Parkway [a March 17, 2021 article from the San Jose Spotlight that reports on the lawsuit].) Outfront adamantly opposed the illegal construction of this sign in the City of San Jose, and in January 2019 notified the California Department of Transportation about its construction and encouraged the State to investigate and take appropriate action to discourage this activity.(See January 8, 2019 Letter from Outfront to James Arbis from State of California Department of Transportation regarding Illegal Digital Sign in San Jose.)
A member of the public also pointed to the current lawsuit between Outfront and the City of San Jose as an example of Outfront’s tendency to sue. Outfront is in a lawsuit with the City, but the context is important. This lawsuit asserts the City of San Jose circumvented its own laws by making a back-room deal with another sign company, without following the City's request for proposal ("RFP") process. Outfront has, on occasion, sued to enforce due process and other constitutional rights but, again, never has sued one of its partners.

A Planning Commissioner also brought up a lawsuit between Outfront and the City of Royal Oak, Michigan. To provide context, in 2013, Outfront and this city in Michigan reached an agreement that allowed Outfront to construct a billboard on a commercial property in exchange for ten weeks of free advertising and messaging space for the city. Outfront fulfilled its end of the bargain by offering the City free advertising space on its billboards. However, the City of Royal Oak breached its promise by causing Outfront's billboards to be removed from the commercial property and denying Outfront's subsequent request for a variance. The Circuit Court determined that the City of Royal Oak failed to fulfill its contractual obligations.

In conclusion, given Outfront’s operation of 500,000 billboards across North America, lawsuits are inevitable. The existence of three lawsuits, which are based on circumstances that are not involved here, does not show Outfront is a bad partner. There are dozens of California cities and counties that would attest to this statement.

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d. Assertion 4: Allowing billboards goes against several General Plan’s goals Some of the Planning Commissioners expressed a concern that allowing billboards in the City would be inconsistent with several of the City’s General Plan’s goals, including (a) maintaining the City’s culturally rich and small-town quality, (b) revitalization of the City’s Downtown, and (3) protecting productive agricultural lands and sensitive wildlife habitats.

An action, program or project is consistent with the general plan if, considering all of its aspects, it will further the objectives and policies of the general plan and not obstruct their attainment.” (Governor’s Office of Planning and Research, General Plan Guidelines (2003).) Courts are also in agreement that land use plans must be functional from a practical perspective, and that perfect conformity with each particular policy is neither achievable nor required. (Corona-Norco Unified Sch. Dist. v. City of Corona (1993) 13 Cal.App.4th 1580; Friends of Lagoon Valley v.

City of Vacaville (2007) 154 Cal.App.4th 807, 817 [to be consistent a project need only be “in agreement or harmony” with the applicable plan].)
Here, viewed in light of the correct analytical framework, the Proposed Ordinance is consistent with the General Plan policies. Nothing about the Proposed Ordinance frustrates or is incompatible with the goals and policies of the General Plan. In fact, the Proposed Ordinance conforms with and supports all of the General Plan policies mentioned by the Planning Commission; and the City Council, having unique competence to interpret the laws and policies it adopts (such as the General Plan), can make these findings.

Table 2
General Plan Policy Proposed Billboard’s Compatibility
• Guiding Principle 2: Cultivate a Downtown
Renaissance. Restore Downtown to a
vibrant destination with unique retail,
entertainment, arts, and dining options.

Support and attract businesses. Provide
the infrastructure and amenities needed
for the growth of Downtown. Preserve the
historic character while supporting new
development, including commercial,
housing, and mixed-use projects.

The Proposed Ordinance is compatible with
and supportive of this General Plan goal.

Allowing billboard projects would help
revitalize Gilroy’s Downtown by attracting
residents and nonresidents to local and small
businesses that are located Downtown,
thereby increasing foot traffic within the City
and expanding the City’s exposure to its
current and prospective residents. Two new
digital billboards could generate substantial
revenue for local businesses, including
business located in the City's Downtown
area.

Additionally, while it is not under
consideration now before the City Council,
Outfront’s proposed billboard project, on
Mr. Conrotto's property, would not
compromise the City’s historic character and
small-town feel. First, this project site is not
even located in or near the Downtown area.

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Second, the billboard would not be located in
a historic district, and there are no historic
resources on the property according to the
MND. The nearest recorded historical
building, meanwhile, is almost a mile away
(the Gilroy Free Library), which is not within
view of the project site, per the California
Historical Resources List. This sign, which
the City Council would consider separately, if
it adopts the ordinance amendment, would be
constructed in a parking lot where vehicle are
stored, adjacent to automobile-related
businesses (including a Tesla dealership,
Buick GMC dealership, auto repair business,
fueling stations, and similar uses, as well as
amid numerous, similar illuminated signs and
freestanding lights; see next section for
further discussion of baseline conditions).

The billboard site would be a non-sensitive,
commercial portion of the City that is
compatible with the proposed structure. As a
result, the likelihood of the Project having an
adverse effect on historic resources is low.
• LU-4 Goal: Encourage the growth and
development of retail, office, service, and
entertainment uses in Gilroy to provide
jobs, support City services, and make
Gilroy an attractive place to live.

The Proposed Ordinance is compatible with
and supportive of this General Plan goal. For
local businesses, billboards have the
following benefits in that they: (i) help to
communicate with and attract new
customers; (ii) allow efficient targeting of
consumers in a given trade area; and (iii) 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.6 Small and local
businesses, including travel-related
businesses such as hotels, restaurants, gas
stations, and other businesses related to
entertainment and tourism, are more reliant
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 PREAND POST-SEPTEMBER 11, 2001 PERSPECTIVE at 3-4 & fns. 3-5 (February 2002) (showing similar data from multiple national surveys).

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on billboards than other types of businesses
due to the need to direct motorists to their
location.

With respect to the City of Gilroy, outdoor
advertising could increase revenue for local
retail stores and the hospitality industry within
the City, which in turn are important to the
vitality of the City’s economic health. Hotels,
restaurants, gas stations, and businesses
related to entertainment and tourism are
prime beneficiaries of outdoor advertising,
which could boost sales by up to 20%. In the
City of Gilroy, there are at least 17 hotels, 89
restaurants, 19 gas stations, and many other
hospitality business. We understand these
businesses especially thrive during City
events such as the Garlic City Car Show and
Gilroy Farmers’ Market.
• LU-4.2: High Quality Design. Encourage
distinctive and high quality commercial
architecture that respects the character of
Gilroy and discourages the use of
“franchise architecture.”
The Proposed Ordinance is compatible with
and supportive of this General Plan goal.

Areas within the City of Gilroy’s Urban
Growth Boundary, and only within
commercial and industrial areas, are the only
places in the City where electronic billboards
would be allowed. Specifically, the Proposed
Ordinance would allow no more than two
billboards within the City, which would only
be permitted on property designated as
General Services Commercial or City
Gateway District and within 660 feet of US—
101 or SR-152.

Although not considered at this time,
Outfront’s proposed billboard would be
located in a parking lot where vehicles are
stored, adjacent to automobile-related
businesses (including a Tesla dealership,
Buick GMC dealership, auto repair business,
fueling stations, and similar uses, as well as
amid numerous, similar illuminated signs and
freestanding lights). The project site is a nonsensitive, commercial portion of the City that is compatible with the proposed structure.
• LU-5.1: Industrial Design Standards.

Ensure that new industrial developments
The Proposed Ordinance is compatible with
and supportive of this General Plan goal.

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contribute to the overall attractiveness of
the community through appropriate site
design, architectural design, and
landscaping.

Billboard designs would be reviewed and
approved by the City under the Proposed
Ordinance, at which time their compatibility
with adjacent commercial and industrial uses
could be evaluated. Again, the Proposed
Ordinance would limit signs to very discrete
areas. With respect to Outfront's potential
sign on Mr. Conrotto's property, the aesthetic
is that of a modern design that complements
adjacent uses, including the Tesla store and
other automobile dealerships.
• LU-8 Goal: Support growth and
development that preserves and
strengthens the City’s historic, small-town
character; provides and maintains safe,
livable, and affordable neighborhoods;
and creates beautiful places.

The Proposed Ordinance is compatible with
and supportive of this General Plan goal. As
demonstrated in the project’s compatibility
with LU-4.2 and LU 5.1, the Proposed
Ordinance would allow up to two billboards in
the City, which will help expand the City’s
exposure to both residents and nonresidents,
support growth and development through
increased foot-traffic within the City.

All of such benefits from billboards would not
compromise the City’s historic, small-town
character because any billboards would be
located in already urbanized parts of the town
and would be capped at two billboards.
• LU 8.2: Community Gateway. Require
new developments at “gateways” to the
city (i.e., including Monterey Road,
Pacheco Pass, Hecker Pass, and U.S.
101 interchanges) to incorporate highquality, site and architectural design, distinctive landscaping, public art and/or
other improvements that enhance the
visual integrity of such areas.

The Proposed Ordinance is compatible with
and supportive of this General Plan goal. The
Proposed Ordinance and Sign Ordinance
amendments would allow up to two billboards
within the City, which would only be permitted
on property designated as General Services
Commercial or City Gateway District and
within 660 feet of US-101 or SR-152. Signs
would have modern designs and include City
of Gilroy signage under negotiated
development agreements, which would serve
a "place-making" function for passing
motorists.
• LU-8.7: Signs and Billboards. Require the
location of signs and billboards to respect
the surrounding context in order to
minimize any negative impact on the
visual environment. Enforce sign
regulations and design standards to
The Proposed Ordinance is compatible with
and supportive of this General Plan goal. As
established in Section 30.55.20, subdivisions
c & e, the Ordinance would only allow up to
two billboards that will be located in
urbanized areas, and the individual billboards

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reduce sign clutter and illegal signage
along corridors.
would be subject to the comprehensive
review by the City and the public, and must
be in constructed and designed in
accordance with development agreements
that the billboard companies would have with
the City. Development Agreements would
ensure that the two billboards to be
constructed within the City would be
constructed to the satisfaction of the City with
respect to its design and scope. Furthermore,
the existence of two signs in the City would
not pose any issues of sign clutter or illegal
signage along corridors given spacing
requirements — a minimum of 1.5 miles
between the signs — that are encoded in the
Proposed Ordinance.
• LU-8.11: Historic Preservation and
Restoration. Encourage new restorative
maintenance to deteriorated buildings,
particularly in Downtown and restrict the
demolition of historically and/or
architecturally significant buildings to
accommodate new development.

Encourage adaptive re-use of historic
structures to maintain their historic
character while supporting economic
development.

The Proposed Ordinance is compatible with
this General Plan goal because the
Ordinance would only allow construction of
billboards in already urbanized areas, and
each billboard would have to go through the
comprehensive CEQA process in order to
ensure that it will not interfere or reappropriate any historic resources.

For example, Outfront’s proposed billboard,
which would be considered by the City
Council if the Proposed Ordinance passes,
had to go through a comprehensive CEQA
review conducted by a third party
environmental consultant for the City, subject
to extensive scrutiny by the City and the
public. The MND for the billboard project
finds that there are only two recorded historic
cultural resources within the 0.5-mile search
radius, and none of which are located within
the project site. (MND at 47.)
• LU-8.3: Landscaping along U.S. 101.

Coordinate with Caltrans and the County
to enhance the landscaping along U.S.
101, and encourage new developments
facing U.S. 101 to provide landscape
screening and to protect and enhance
views of farmland and the surrounding
hills.

The Proposed Ordinance is compatible with
and supportive of this General Plan goal. The
Proposed Ordinance would make sure that
any billboards to be erected within the City of
Gilroy will comply with the California Highway
Beautification Act and the Outdoor
Advertising Act. Specifically, section

30.55.20(a) requires that “The owner and
operator of the electronic billboard shall

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comply with all applicable federal, state, or
local laws when constructing, operating,
improving, maintaining, repairing, and
removing the electronic billboard(s), including
the Highway Beautification Act of 1965 (23
U.S.C. § 131), the Outdoor Advertising Act
(Cal. Bus. & Prof. Code § 5200 et seq.), and
the regulations promulgated to implement the
Outdoor Advertising Act (4 Cal. Code Regs. §
2242(c) et seq.).” Moreover, consistent with
federal and state law, any new signs would
be located in industrial or commercial areas.
(Cal. Bus. & Prof. Code §§ 5205, 5405,
5408.)
According to the MND prepared by the City’s
environmental consultant, “the Proposed
Ordinance would allow up to two electronic
billboards, which would only be permitted on
property designated as General Services
Commercial or City Gateway District and
within US-101 or SR-152. The nearest scenic
vistas are located over a mile west of US-101
or over 4 miles southeast of the US-101.”
Additionally, the US-101 segment that goes
through the City is not a State Scenic
Highway. (Project MND at p. 18.) No
significant aesthetic impacts were found.
• LU 8.13: Limit Light Pollution Encourage
measures to limit light pollution from
outdoor sources, and direct outdoor
lighting downward and away from
sensitive receptors.

The Proposed Ordinance is compatible with
and supportive of this General Plan goal. The
MND concluded that future electronic
billboards would not create a substantial
change in illumination levels due to baseline
light source.

To bring the illumination requirements home,
Outfront’s proposed billboard project would
commit to a maximum ambient light output
level of 0.3 foot-candles at 250 feet above
ambient levels from the billboard. This means
that at 250 feet, light from the sign would be
generally not perceptible, and would not
register on a light meter. Please see Letter
From Project Applicant re Outdoor
Advertising Display 6490 Auto Mall Parkway
(March 21, 2021) and Attachment A thereto,
incorporated herein. Accordingly, the light

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contribution from the proposed display would
not cumulate with other sources to produce a
significant impact.

The billboard also would reduce light pollution
and glare by angling each of the individual
LEDs downwards towards motorists, in
contrast to a traditionally illuminated display
that would create more significant sky glow
and illuminate copy by reflecting light off
display facings at a brightness level of 31 to
312 times greater than the brightness of LED
displays. Letter From Project Proponent re
Outdoor Advertising Display 6490 Auto Mall
Parkway (March 21, 2021), p. 2.
• M-5.9: U.S. 101 Landscaping and View
Protection. Coordinate with Caltrans and
Santa Clara County to provide additional
landscaping along the U.S. 101 right-ofway to enhance its attractiveness, recognizing that it is the primary “visitorserving” traffic artery in the Planning Area. Also, encourage new developments
facing U.S. 101 to provide landscape
screening and to protect and enhance
existing views of farmland and
surrounding hills.

As demonstrated above in the Proposed
Ordinance’ compatibility with LU-8.3, the
Proposed Ordinance will not cause the
existence of any billboards that would
interfere with the City’s and Caltrans’ ability to
landscape along the U.S. 101 right-of-way.

According to the MND, “[a]reas within the City
of Gilroy’s Urban Growth Boundary are the
only places in the City where electronic
billboards would be allowed. The proposed
electronic billboard’s location would not affect
scenic views because of its distance from
scenic highways and scenic resources.”
Moreover, we wish to clarify that Outfront's
proposed sign, which might be considered
later by the City Council, is not located in any
landscaped freeway area.

Furthermore, because (1) installation of
billboards would not be allowed in nonurbanized areas; (2) the proposed billboard would comply with design standards set forth
in the proposed Electronic Billboard
Ordinance; and (3) the proposed billboard
would be one-sixth as bright as allowable
state brightness maximums set forth in
illumination intensity standards found in state
law, impacts would be less than significant.

Please see the March 21, 2021 Letter from
the applicant re Outdoor Advertising Display
6490 Auto Mall Parkway, which addresses
brightness standards, as well as its

10.1 p. 217 of 947
Marie Blankley, Mayor of the City of Gilroy
and Honorable Members of the City Council
February 17, 2023

19350377.4
attachments, all of which are incorporated
herein by this reference.

Substantial evidence shows that digital
billboards are in fact less obtrusive than
traditional displays, as digital billboards have
superior technology that directs light at
limited audiences (here, motorists). By
contrast, traditional displays are illuminated
by reflecting light sources of the display's
facings, at levels that are 31 to 212 brighter
than LED bulbs. Additionally, with adoption of
mitigation measure AES-1, which requires
the City Community Development
Department to review and approve the signs'
operational lighting parameters to ensure a
driver would not be adversely affected or
impacts by trespass glare, the Project would
have a less than significant impact.
• Guiding Principle 3: Balance Growth and
Open Space. Focus growth in areas that
are already serviced by roads, sewers,
and infrastructure. Support a balanced
growth management strategy that
protects productive agricultural lands and
sensitive wildlife habitats while allowing
for new economic opportunities. Ensure
Gilroy retains its “small-town feel.”
The Proposed Ordinance is compatible with
and supportive of this General Plan goal. The
Biological Resources section of the MND
reviewed the impacts of the light from the
digital billboard on wildlife and related habitat
and determined that, with mitigation
incorporated, there would be no significant
impact. Under the CEQA thresholds of
significance, a substantial adverse effect on a
species protected by the California
Department of Wildlife or United States Fish
and Wildlife Service amounts to a significant
impact. Only one special status species has
the potential to occur within the project site,
the white-tailed kite. Per the MND, there is
marginal nesting habitat near the proposed
display and potential foraging habitat located
more than 800 feet to the northeast. Further,
birds have co-existed with the existing urban
landscape, including the myriad of illuminated
signs, parking lot lights, vehicle headlights
(which move at variable rates of speed), and
other sources of illumination for a very long
time in the project vicinity. Per the City's
environmental report, the addition of a digital
sign would not affect the status quo, and, in
fact, digital billboards are less impactful than
static light sources for the following reasons:

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and Honorable Members of the City Council
February 17, 2023

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Studies show that birds are attracted to fixed
lights, and the billboard would not constitute a
fixed light, but would change its messaging
every 8 seconds. message (and thus varying
its light profile). Steady-burning red lights that
result in the greatest impacts to bird species,
and the outdoor advertising display would
have a wide diversity of copy and it would
never be the cast that the display would
broadcast uninterrupted light of any hue.

Unlike compliance with constitutional provisions, the City has discretion in the interpretation of its own policies – which is entitled to great deference unless it results in an unreasonable or unlawful interpretation. (See Pfeiffer v. City of Sunnyvale City Council (2011) 200 Cal.App.4th 1552, 1563 [city has broad discretion to construe its own policies]. But see MHC Operating Limited Partnership v. City of San Jose (2003) 106 Cal.App.4th 204, 217-20 [courts do not afford deference to a city’s unreasonable or unlawful interpretation of its policies].) Approval of the project would help the City achieve its 2040 General Plan goals by providing the City with free advertising that would give the City exposure to both residents and nonresidents, streamlining the City’s community outreach efforts, and encouraging public engagement with the City’s civic and municipal activities. Moreover, the increased foot traffic that the billboard would bring to its users will have a spillover effect to other areas of the City and thereby showcasing the bucolic and small-town feel of the City. The City has discretion to and is advised to interpret the Proposed Ordinance as compatible and supportive of the City’s General Plan policies. All the while, the Proposed Ordinance would not negatively affect the City’s small town feel and its agricultural and wildlife resources.

In conclusion, the Proposed Ordinance will allow no more than two billboards that would be located in already urbanized areas and subject to the City’s individual approvals and development agreements. Additionally, the light footprint of a billboard would be no more than 250 feet from the billboard, 7 and this minimal footprint covers an infinitesimal fraction of the City's area.
e. Assertion 5: Billboard project goes against City’s Climate Action Plan of reducing energy reducing light emission, light out policy at night, and reducing light projects and emission.

Outfront shares a similar climate pledge with the City and seeks to reduce its carbon footprint. In its efforts towards its climate pledge, Outfront has taken the following steps:
7 For example, Outfront’s proposed billboard commits to a maximum ambient light output level of a 0.3 foot-candle at 250 feet from the billboard, meaning at 250 feet, light from the sign is generally not perceptible, and does not register on a light meter. See 2022/09/29 Response to Comments, Responses to Comments A9, G2, and I2.

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• Outfront’s billboard vinyl is repurposed via Outfront’s partnerships with Rareform and Sky Group
• Nearly all of Outfront’s billboards, digital and static, have been converted to more energy efficient LED illumination. Compared to digital signage from years ago, Outfront has reduced its signs’ energy consumption by 76.79% from pre-conversion levels. • All of Outfrton’s markets can accept PE Ecoflexx recyclable paper for standard billboards that are 14' x 48' or smaller.
• Outfront is the largest operator of transit system advertising in the U.S and the revenue shares Outfront pays to the various municipalities help fund this important public resource that enables millions of commuters to reach their destinations without using private vehicles – eliminating significant GHG emissions. • Outfront’s first EVs went into service late last year and early this year, and Outfront hopes to electrify as much of our fleet as practical.

Additionally, future billboards would be installed pursuant to current electrical codes, including Title 24 of the State Building Code, and adopt the latest digital technology. These standards would ensure that electrical energy would be used efficiently. The Greenhouse Gas Section of the MND finds that the Project would have a less than significant impact. Operation of the Project is expected to emit only 6 MT CO2e per year. This is far below the 660 MT CO2e per year threshold of significance. In the Hazards and Hazardous Materials section, the MND explains that the Project will not generate any electronic waste. Accordingly, substantial evidence supports a determination the proposed display would not have a significant impact with respect to energy consumption.

The exponential growth of technology has helped accelerate Outfront’s energy reduction goals.

The amount of energy used today by Outfront’s billboards is four times less than a few years ago and, even since the MND was prepared, Outfront’s most recent technology has reduced energy consumption even further. Specifically, the MND for Outfront’s proposed billboard assessed the billboard’s energy consumption to be approximately 52,400 kwh/year. More recently, energy usage was reduced to 40,000-48,000 kwh/year, and after reviewing the latest technologies, annual energy draw per sign facing could be as low as 18,160 kwh (or approximately 37,000 kwh per billboard structure). (See the September 29, 2022 Response to Comments on MND for Outdoor Advertising Display 6490 Auto Mall Parkway, Responses A12 & F10.) Outfront’s technology is quickly getting better, and Outfront is as motivated as the City to use as little power as possible. (Id.)
II. Economic Impact of Billboards
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 momand-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). Billboards thereby increase profits for local businesses and sales tax revenue for local governments.

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Marie Blankley, Mayor of the City of Gilroy
and Honorable Members of the City Council
February 17, 2023

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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%). 8 • 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 programs, such as salary increases for police, fire, and other city workers, or improvements in public infrastructure and equipment.

In conclusion, this letter of appeal aims to correct any misunderstandings that interfered with the Planning Commission’s evaluation of the proposed project and asks that the City Council continue its practice of considering only established facts, supported by evidence. 9 This evidence shows the City will be able to have the additional revenue from billboards without compromising its culture or its agricultural resources. Again, access to billboards would generate up to $16.7 million in additional business revenue for small businesses and up to $3.1 million in the City’s additional sales tax revenue.

Very truly yours,
Sean R. Marciniak
Partner
Huong (Jenny) Dao
Associate
cc: Clients
Mike Conrotto
Sharon Goei, Community Development Director, City of Gilroy Cindy McCormick, Senior Planner, City of Gilroy
Andrew Faber, Esq., City Attorney, City of Gilroy
Natalie Kirkish, Esq., Hanson Bridgett
8 The potential upside is a 25% increase in sales, although we chose to present a more conservative figure of 20% increase.
9 This letter further incorporates by reference all of the materials in the City’s administrative records.

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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.

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Mr. Andrew Faber
Ms. Jolie Houston
February 2, 2023

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, THE ECONOMIC IMPACT OF FLORIDA’S OUTDOOR ADVERTISING INDUSTRY FROM A PRE- AND POST-SEPTEMBER 11, 2001PERSPECTIV E 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-AdoptedBudget. 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.

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Ms. Jolie Houston
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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, which 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 PREAND POST-SEPTEMBER 11, 2001 PERSPECTIVE at 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 TAX WATCH, THE ECONOMIC IMPACT OF FLORIDA’S OUTDOOR ADVERTISING INDUSTRY FROM A PRE- AND POST-SEPTEMBER 11, 2001PERSPECTIV E 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).

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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-usebillboards/. 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.

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Ms. Jolie Houston
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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 supportlocal 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 2016-2020. 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 2019-2021) 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 FROM A PRE- AND POST-SEPTEMBER 11, 2001PERSPECTIV E at 3-4.

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• 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 annually26).

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.)

10.1 p. 227 of 947
1 Cindy McCormick
From: Sean Marciniak <[email protected]>
Sent: Friday, March 3, 2023 5:58 PM
To: Sharon Goei; Cindy McCormick
Cc: Jolie Houston; Andy Faber; McCuen, Jeff; Fox, Tim F Subject: EXTERNAL - Proposed billboard ordinance
Attachments: Draft electronic billboard Ordinance (compliance review refinement).DOC Sharon and Cindy,
We respectfully request that the City Council, in hearing Outfront Media’s appeal on March 20, 2023, also consider the attached refinements to the proposed billboard ordinance. These changes would clarify and streamline the compliance review process.

As the language stands today, there would be a compliance review process involving the Planning Commission or City Council — it’s not clear which — and the remedies for non-compliance aren’t as crisp as they should be. Under the clarifications proposed in the attachment, there would still be a robust compliance review process but, given community interest in this matter, we’re suggesting that compliance issues be heard by the City Council after an initial review by City planning staff, and that the City Council be expressly authorized to order abatement or removal of any noncompliances. I believe these changes serve the intent of the parties, but do so in a way that is clearer and resolves ambiguities.

Finally, I wanted to check with you in presentation logistics. We would like to make a PowerPoint presentation, and I wondered who we should send our presentation to, and by what date.

Many thanks,
Sean
Sean Marciniak
Partner
Hanson Bridgett LLP
(925) 746-8471 Direct
(925) 746-8498 Fax
[email protected]
425 Market Street, 26th Floor
San Francisco, CA 94105
San Francisco | Sacramento | North Bay | East Bay | Los Angeles Click on the below link to access information on COVID-19 CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email.

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2 This communication, including any attachments, is confidential and may be protected by privilege. If you are not the intended recipient, any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender by telephone or email, and permanently delete all copies, electronic or other, you may have.

The foregoing applies even if this notice is embedded in a message that is forwarded or attached.

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DRAFT
19406799.1
Article LV (Electronic Billboards)
Section 30.55.50 Application Review procedures.
(g) Conditions. The granting of approval for electronic billboard(s) may include such conditions as the planning commission or city council deems reasonable and necessary under the circumstances to carry out the requirements of the General Plan, City Code, and the intent of this Article. The following conditions shall be standard on all electronic billboard(s) approvals, where applicable:
8) Compliance Hearings. The Community Development Director shall undertake aA minimum of three initial compliance reviewshearings before the City planning commission and/or city council shall be required as follows: (a) six months from the date of final building permit issuance, at which time the Community Development Director shall also set a compliance hearing before the city council; (b) six months from the date of the first compliance hearing; and (c) 12 months from the date of the second compliance reviewhearing. Upon a finding of substantial noncompliance, the Community Development Director may waive theshall schedule a second and/or third hearing before the city council. Following the initial compliance hearing(s), the owner/operator, and/or property lease holder shall be subject to subsequent compliance hearings before the City upon request, due to noncompliance. 9) City Agreement / Permit Violations. Upon finding that the electronic billboard(s) is not being operated in compliance with the City Agreement and/or all conditions of approval, the community development director, prior to a scheduled city council compliance hearing, shall forward a copy of the findings of such violation to the city councilplanning commission for hearing. The applicant shall also be sent notice at least ten (10) days prior to the date of such hearing. If the planning commissioncity council finds that a violation has occurred, the electronic billboard(s) owner, operator, and/or property lease holder shall abate or remove the violation.

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From: Jeff McCuen
Sent: Thursday, March 9, 2023 3:02 PM
To: City Clerk; Mayor Marie Blankley; Council Member Rebeca Armendariz; Council Member Dion Bracco; Council Member Tom Cline; Council Member Zachary Hilton; Council Member Carol Marques; Council Member Fred Tovar
Cc: [email protected]; Andy Faber; Cindy McCormick; Thai Pham; Tim F Fox; Christina Ruiz; Sharon Goei; Jolie Houston
Subject: EXTERNAL - Billboard Ordinance and Sign Ordinance Amendment Dear Mayor Blankley and Honorable Members of the City Council:

Please click on the link below for pdf of support letters and petitions signed by local Gilroy businesses to be included in the staff report.
https://spaces.hightail.com/receive/9N5Z1MkMOy
In addition we would like to request that our item be placed early in the agenda as we anticipate many of the local businesses will be in attendance to speak.

Thanks for your consideration.

Jeff McCuen
Director of Real Estate
T 510.559.1135
[email protected]
1695 Eastshore Hwy, Berkeley, CA, 94710
CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email.

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8 Letters from Gilroy Business Owners
Samuel Moreira, 408 Tax and Accounting
David Caldwell, Caldwell’s Comics
Karina Andrade, El Charrito Market
Maria Barragan, El Rancho Western Wear
Vilma Peraza, Fiesta Depot
Peter Lai, Ling’s Chinese Bistro
Marleen Vieira, Quinceanera Couture
Job Camarena, Wes’s Shoe Repair
82 Petitions of Support from Gilroy Business Owners and Residents 408 Tax & Accounting
A-Jays Cheesesteaks
A&K Perfumeria
All Natural Paleteria Y Neveria
AMES Taping Tools
Ashford’s Heirlooms – Downtown
Business Assn. Member
Bike Center
Blazin Bagelz
Botanica San Benito
Cadwell's Comics
Campbell Auto Sales
Chama Nativa Brazilian Steakhouse
Charlies Liquor – Gilroy Chamber of
Commerce Member
Del Sol Bakery
Dicar Insurance Marketing
El Charrito Market
El Indito
El Rancho Foods
El Rancho Western Wear
Elay’s Oriental Market
European Wax Center
Fiesta Depot
Fit 4 Life
Floreria 12 De Abril
Franks Barber Shop
Friends Food & Liquor
Fun Party
Gaeta’s Taqueria
Garbo’s Antiques
Garlic City Café – Gilroy Chamber of
Commerce Member
Garlic City Embroidery Studio – Gilroy
Chamber of Commerce Member
Gilroy Barber Lounge
Gilroy Donut House
Gilroy Nails
Gilroy Soccer
Good Vibes Studio
Hair & Nails Experts
Imprenta Morales
Indras Hair Cuts
Indras Salon
Joyeria Torres Inc
La Placita
Lapels Dry Cleaning
Las Americas Bakery
Ling’s Chinese Bistro
Los Costenitos Restaurant
Los Pericos Taqueria – Gilroy Chamber of
Commerce Member
Mely’s Hair Cut Salon
Milias Restaurant
Milo’s Meat Shop
Mr. Travel
Nutricion Y Energia
Panaderia Negrete
Pho Thanh An
Pound4Pound Sports Fitness
Princess Boutique
Pronto Dollars
Quinceanera Couture
Rise Fitness – Gilroy Chamber of
Commerce Member
Robot Shark
Saddles & Treasures – Gilroy Chamber of
Commerce Member
Saigon 2 Siam Bistro
SM Mexican Import
Super Burger
Super Taqueria
Sushi Omakase – Gilroy Chamber of
Commerce Member
Tacos El Grullense Jal
Taqueria Y Mariscos Chapala
Taverna Bar Inc.

Tax Systems
TeaLeaf – Gilroy Chamber of Commerce
Member
The Oasis
The Rock Zone Smoke Shop & Tattoo
Tristan’s Cookies and Cream – Gilroy
Chamber of Commerce Member
Vasquez Barber Shop n Styling
Viva Con Nutricion Club
WaterMart
Wes’ Shoe Repair – Gilroy Chamber of
Commerce Member
Westside Market & Liquor
Xios Strength & Conditioning
Xpro Nails
Zacks Place

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Map of Coalition Members in Support of Gilroy’s Modern Sign Ordinance

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Facts:

Ordinance Details:
▪ A maximum of just two (2) Electronic Billboard Signs may be allowed in the City of Gilroy. ▪ The sign shall be located on property designated as General Services Commercial or City Gateway District.
▪ The electronic billboard shall be located within 660 feet of Highway 101. ▪ No Electronic Billboard sign shall be placed within 1.5 miles from another Electronic Billboard sign. ▪ To the extent possible, the Electronic Billboard sign shall be located and oriented in a manner that avoids and minimizes the direct exposure of the display to view from adjacent or nearby residential or hotel uses.
▪ The overall height of the sign shall not exceed seventy-five (75) feet. ▪ The maximum sign area of the digital display shall not exceed 672 square feet. ▪ The City of Gilroy shall be guaranteed a minimum of one (1) advertising spot per week for City events, public information, emergency alerts, and other similar public service announcements.

Economic Impact:
▪ 64-70% of ad time on electronic billboards is from local business. ▪ Studies show a 5-20% increase in sales for businesses that advertise on billboards. ▪ Zero cost to the City of Gilroy to build or operate the sign.

Community Impact |Digital Billboards will help Gilroy:
▪ Thrive by displaying advertisements featuring local businesses and showing them multiple times per day.
▪ Support jobs and increased economic activity within city limits. ▪ Utilize electric signage to advertise health and public safety messaging to residents. ▪ Regulate signage to ensure that they are safe and environmentally friendly. ▪ Catch up to neighboring cities with successful digital sign programs, including Santa Clara, Milpitas, San Carlos, Belmont, Millbrae, South San Francisco, Oakland, Hayward, Martinez, Fairfield, Berkeley, San Pablo, Dublin, Benicia, and Alameda County.
▪ Ensure traffic and pedestrian safety since extensive private and government research has demonstrated that electric signage does not distract drivers or pose any threat to the general public.

Environmental Impact:
▪ Proposed electronic billboard creates no substantial change in illumination levels. ▪ Brightness would be consistent with illumination intensity standards already outlined in the state’s Caltrans Outdoor Advertising Act.
▪ Lighting intensity would actually be more conservative for billboards of similar size when compared with state standards.
▪ Project site is in a highly urbanized area and is surrounded by well-lit adjacent businesses, including the auto dealerships, highway lighting and infrastructure to avoid any disruptive or out-of-place lighting. ▪ Nearest residences are located approximately 1,795 feet west of the project boundary. Because of distance and intervening topography, the proposed electronic billboard would not be visible from these locations.
▪ Any future billboards under the proposed Ordinance would be subject to rigorous environmental review prior to approval.

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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

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 2
nd 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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Community Development
Department
7351 Rosanna Street, Gilroy, CA 95020-6197
Telephone: (408) 846-0451 | Fax: (408) 846-0429
cityofgilroy.org |[email protected]
Sharon Goei

DIRECTOR
DATE: February 2, 2023
TO: Planning Commission
FROM: Cindy McCormick, Customer Service Manager
SUBJECT: Electronic Billboard Ordinance and IS/MND (Z 18-04) RECOMMENDATION:

Staff has analyzed the proposed project, and recommends that the Planning Commission:
a) Recommend that the City Council, based on its independent analysis, adopt the Mitigated Negative Declaration (MND) and find that: the 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; and the MND reflects the City’s independent judgment and analysis; and b) Adopt a resolution recommending that the City Council adopt an ordinance (Z 18-04), approving changes to 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).

PROJECT DESCRIPTION:

The proposed Project requests approval to construct and operate a 75-foot tall electronic billboard with a 672 square foot display area, within the Gilroy city limits. In order to allow such signage, the Project also requests amendment of Section 30.37.30 (Prohibited Signs), Section 30.37.50 (Commercial and Industrial Districts), and Section

30.37.51 (Freeway Oriented Signs) of the Gilroy Municipal Code to allow such signage which is currently prohibited. The Project also proposes a new Zoning Code Ordinance (Article LV, Electronic Billboards) which would permit a maximum of two electronic billboards within the City on property with a General Plan designation of General Services Commercial or City Gateway District, located within 660 feet of U.S. Highway 101 (US-101). In accordance with the Draft Ordinance (if adopted), the Project would also require a City Agreement (i.e.., Development Agreement) setting forth any required fees, revenues, terms, off-site advertisement criteria, content control standards, community service message provisions, etc.

DISCUSSION AND ANALYSIS:

This item was continued from the January 19, 2023 Planning Commission public hearing.

The staff report and attachments from that meeting are attached to this staff report, along with new public comments received following the original posting of the January 19, 2023 Planning Commission packet. The draft Resolution has also been updated in accordance with the continuance.

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2 PUBLIC NOTICING:

On January 19, 2023, this item was continued to February 2, 2023. A notice of the January 19, 2023 Planning Commission meeting was advertised in The Gilroy Dispatch on Friday, January 6, 2023 (no less than 10 days prior to the meeting). No additional noticing is required since this meeting was continued to a date certain; however, staff sent an email regarding the continuance to all individuals and organizations who had previously commented on this agenda item.

Public comments: Approximately three dozen individuals or organizations have submitted comments on the proposed project. Approximately 90% of the commenters oppose the project, citing concerns related to aesthetics/visual blight, astronomical pursuits, the billboard industry in general, driver safety, energy consumption, greenhouse gas emissions, light pollution, and light impacts on wildlife (e.g., birds, fish) and human circadian rhythms. Comments in support of the project cite the ability to advertise local, regional, and national businesses, as well as local events and emergency communications.

APPEAL PROCEDURE:

In accordance with Section 30.51.50 of the Gilroy City Code, the Planning Commission's decision may be appealed, in writing, to the City Council within 20 days of adoption of the resolution. Appeal forms may be obtained from the City Clerk and must be submitted with the appropriate fee before the end of the appeal period.

ATTACHMENTS:

1. 1-19-23 Planning Commission Staff Report

2. Draft Planning Commission Resolution

3. Draft Initial Study / Mitigated Negative Declaration (IS/MND)

4. Final IS/MND with response to comments

5. Council Staff Report, 3-15-21

6. Applicant comments regarding Brightness and Road Safety, 3-21-21

7. Applicant response to CEQA comments, 9-29-22

8. Applicant comments regarding project benefits, 12-8-22

9. Public Comments 2021 to 2022

10.Public Comments 2023 (through 1-26-23, 6:00 pm)

11.Public Comments, attachments Audubon, Sierra Club

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Community Development
Department
7351 Rosanna Street, Gilroy, CA 95020-6197
Telephone: (408) 846-0451 | Fax: (408) 846-0429
cityofgilroy.org |[email protected]
Sharon Goei

DIRECTOR
DATE: January 19, 2023
TO: Planning Commission
FROM: Cindy McCormick, Customer Service Manager
SUBJECT: Electronic Billboard Ordinance and IS/MND (Z 18-04) RECOMMENDATION:

Staff has analyzed the proposed project, and recommends that the Planning Commission:
a) Recommend that the City Council adopt the Mitigated Negative Declaration (MND) and find that: the 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; and the MND reflects the City’s independent judgment and analysis; and
b) Adopt a resolution recommending that the City Council adopt an ordinance (Z 18- 04), approving changes to 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).

BACKGROUND:

In 2018, an application was submitted to modify the City’s Zoning Ordinance to allow an 80-foot tall, 1,200 square foot area electronic billboard sign on Automall Parkway. In September 2019, following 18-months of communications between the applicant and City staff/management, the application was tabled by the (former) City Administrator. The application remained on hold until September 14, 2020, when 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. The Council was generally receptive to this possibility; but had concerns about the total number allowed in the City, the height of the sign, and the location(s) where they would be permitted. The Council also wanted to ensure that such signage, if allowed, would benefit local City businesses, particularly regional-serving and high revenue generating businesses, such as auto dealerships and/or regional shopping centers including the Gilroy Outlets.

On March 15, 2021, staff presented several policy discussion points, including sign quantity, location, distance between signs, sign area, sign height, and whether such signage should be allowed off-site1. The Council was also advised that the businesses who use the sign for advertisement would be out of the City’s control since the sign would 1 An example of an “on-site” sign would be an electronic billboard located on the Automall property and where the only advertisements displayed are for the dealerships located on the Automall property.

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2 be owned and operated by a third party and it would be up to local businesses to pay for any advertisement space.

Existing City Code: The Gilroy Sign Ordinance does not currently allow off-site signage (other than real-estate signs) and has general restrictions for freeway-oriented signs and commercial signage (e.g., height and size limits). The Sign Ordinance also prohibits signs that utilize scrolling or moving text or images (i.e., electronic billboards). Allowance of such signs would require an amendment to City Code Sections 30.37.30 (Prohibited Signs), 30.37.50 (Commercial and Industrial districts), and 30.37.51 (Freeway Oriented Signs).
2040 General Plan: The Gilroy 2040 General Plan was adopted in November 2020 and has the following policies related to billboards and freeway signage. While the policies do not directly address digital media, the policies do permit freeway signage and billboards, so long as such signage has minimal negative impact on the visual environment.

Land Use Policy LU 4.11 Freeway Signage - Work with Caltrans to explore ways to increase directional signage to freeway commercial uses at U.S. 101 interchanges.

Land Use Policy LU 8.7 Signs and Billboards - Require the location of signs and billboards to respect the surrounding context in order to minimize any negative impact on the visual environment. Enforce sign regulations and design standards to reduce sign clutter and illegal signage along corridors.

A discussion of General Plan goals and policies is included in the analysis section of this staff report.

Environmental Assessment: 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 (e.g., mitigations from the MND). 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. The public review period began on August 5, 2022 and ended on September 5, 2022. The City has prepared a Final MND with response to public comments. The Draft MND and Final MND with a response to public comments is attached to this staff report.

If approved, the MND would apply to both the proposed ordinance and the proposed billboard proposed to be located at 6460 Automall Parkway. Approval of the MND does not constitute approval of the proposed billboard.

Process: The application for a proposed electronic billboard to be located at 6460 Automall Parkway (SP 21-08) will be processed as a separate application if the proposed Ordinance (Z 18-04) is approved. If approved by the City Council (following a recommendation by the Planning Commission), the Ordinance would take effect 30 days following the second reading of the Ordinance, which would be scheduled approximately two to four weeks following the initial public hearing with the City Council.

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3 DISCUSSION AND ANALYSIS:

The Draft Ordinance being presented to the Planning Commission and City Council is based on feedback received from the Council in March 2021, as well as best practices in other cities. The March 15, 2021 Council staff report, which includes a summary of discussion points, is attached.

The following table provides a summary of the proposed Zoning Ordinance Article LV (Electronic Billboards). The complete draft, including proposed changes to City Code Sections 30.37.30, 30.37.50, and 30.37.51 is attached as Exhibit A to the Planning Commission resolution.

Draft Ordinance Summary
Consistency with Local, State and Federal Law
The owner and operator of the electronic billboard shall comply with all applicable federal, state, or local laws when constructing, operating, improving, maintaining, repairing, and removing the electronic billboard(s).

City Agreement Requirements
The owner/operator shall enter into a development agreement, operating agreement, lease agreement, contract, license or other accord in form acceptable to the City Attorney with the City ("City Agreement"), setting forth any required fees, revenues, terms, off-site advertisement criteria, content control standards, community service message provisions, community outreach requirements, maintenance standards, conditions that trigger billboard removal, and other covenants or restrictions needed to offset or mitigate the impacts of a proposed electronic billboard(s).

Relocation
Any electronic billboard(s) erected in accordance with this ordinance may be subsequently relocated to another location in accordance with the ordinance.

Maximum Number
A maximum of two (2) electronic billboard(s) may be permitted in the City of Gilroy.

Minimum Distance Between Electronic Billboard(s)
The minimum distance between electronic billboard(s) shall be 1.5 miles. All distances shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway.

Location
Electronic billboards may be located on-site or off-site on private or public property, designated on the General Plan Land Use Diagram as General Services Commercial or City Gateway District. Electronic billboard(s) shall not be allowed in any area

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4 designated as "Landscaped Freeway", unless otherwise permitted by State law. No part of any electronic billboard(s) shall cross onto an adjacent private or public property.

Distance from Highway 101
The electronic billboard(s) shall be located within 660 feet of Highway 101.

Distance to and Visibility from residential and hotel uses Electronic billboard(s) shall be placed at least 500 feet from any residential zone or residential use. To the extent possible, the electronic billboard(s) shall be located and oriented in a manner that avoids or minimizes the direct exposure of the display as viewed from adjacent or nearby residential or hotel uses.

Vehicular Safety
No electronic billboard(s) shall be placed, constructed or maintained on any property in the City of Gilroy if its location, size, nature, or type constitutes or tends to constitute a hazard to the safe and efficient operation of vehicles.

Maximum Height
The maximum height of any electronic billboard(s) including any architectural design elements shall be 75 feet as measured from grade at the base of the sign to the highest point of the sign structure, provided that the measured grade does not include fill or berms.

Maximum Digital Display Surface Area
The maximum total digital display surface shall be less than or equal to six hundred seventy-two (672) square feet per sign face, with no more than two sign faces per electronic billboard(s).

City Branding
Unless otherwise approved by the City Council, the electronic billboard(s) shall include the words "City of Gilroy" and/or the City insignia permanently affixed above the digital display area. This branding shall not be included in the maximum digital display surface area, but shall be included in the overall height.

Public Service Announcements
The City of Gilroy shall be permitted to use a minimum number or percentage of total unsold advertising spots for City events, public information, emergency alerts, and other similar public service announcements, in accordance with the City Agreement approved for the electronic billboard(s).

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5 Emergency Alerts
Electronic billboard(s) shall be connected to the National Emergency Network and provide emergency information, including child abduction alerts (i.e., "Amber Alerts"), in accordance with local and regional first responder protocols.

Content limitations
No electronic billboard(s) shall display any statements or words of an obscene, indecent or immoral character, or any picture or illustration of any human figure in such detail as to offend public morals or decency, or any other matter or thing of an obscene, indecent or immoral character, pursuant to Business and Professions Code Section 5402 and judicial decisions interpreting the same.

Message Standards
The Ordinance allows only still or static images or messages, requires a minimum display time of eight (8) seconds, and a maximum transition/blank screen time between still images of one (1) second.

Illumination Standards
The Ordinance includes illumination standards related to light intensity, auto-shutoff/black screen in case of malfunction, automatic dimming adjusted to ambient light conditions, orientation requirements, and brightness limitations based on best practices in other cities, the Outdoor Advertising Act, and the California Vehicle Code.

Permit Requirements
An electronic billboard permit and associated environmental review shall be required for the establishment and operation of an electronic billboard. The Ordinance includes required findings for approval and standard conditions of approval.

Public Hearings
The application shall require review by the Planning Commission. If recommended for approval, the application will be scheduled for a public hearing with the City Council, who has final authority on whether to approve the application. Alternatively, the Commission may also deny the application upon making substantial findings for denial through the public hearing process. If denied, the Planning Commission decision is final unless an appeal is filed by the applicant or an interested party. If appealed within twenty (20) days of the Planning commission decision, the City Council will review the application and may either approve, approve with modifications, or deny the application, upon making substantial findings for denial through the public hearing process.

Compliance Hearings
A minimum of three initial compliance hearings before the City Planning Commission and/or City Council shall be required as follows: (a) six months from the date of final

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6 building permit issuance; (b) six months from the date of the first compliance hearing; and (c) 12 months from the date of the second compliance hearing. Upon a finding of substantial compliance, the Community Development Director may waive the second and/or third hearing. Following the initial compliance hearing(s), the owner/operator, and/or property lease holder shall be subject to subsequent compliance hearings before the City upon request, due to non-compliance.

City Agreement / Permit Violations
Upon finding that the electronic billboard(s) is not being operated in compliance with the City Agreement and/or all conditions of approval, the Community Development Director shall forward a copy of the findings of such violation to the Planning Commission for hearing. The applicant shall also be sent notice at least ten (10) days prior to the date of such hearing. If the Planning Commission finds that a violation has occurred, the electronic billboard(s) owner, operator, and/or property lease holder shall abate or remove the violation.

The proposed Zoning Text Amendment requires approval by the City Council upon recommendation of the Planning Commission. The following staff analysis demonstrates that the amendment carries out the general purpose of the Zoning Ordinance and applicable General Plan goals and policies. As such, the draft Planning Commission resolution includes a recommendation for approval.

General Plan Consistency: The proposed project is consistent with the following General Plan goals and policies:

General Plan Goal /
Policy
Consistency Analysis
Land Use Goal LU 4:

Encourage the growth
and development of
retail, office, service,
and entertainment
uses in Gilroy to
provide jobs, support
City services, and
make Gilroy an
attractive place to live.

The proposed electronic billboard ordinance provides existing and future retail, office, service, and entertainment uses in the City an opportunity to advertise and potentially grow their business. The draft ordinance includes a requirement that the City be permitted a minimum number or percentage of total unsold advertising spots for City events, public information, emergency alerts, and other similar public service
announcements. A maximum of two (2) electronic billboards may be permitted in the City of Gilroy, with a minimum
distance of 1.5 miles between the two electronic billboards.

Electronic billboards shall also be placed at least 500 feet from any residential zone or residential use. Furthermore, to the extent possible, the electronic billboard(s) shall be located and oriented in a manner that avoids or minimizes the direct exposure of the display as viewed from adjacent or nearby residential or hotel uses.

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7 Policy LU 4.11
Freeway Signage:

Work with Caltrans to
explore ways to
increase directional
signage to freeway
commercial uses at
U.S. 101 interchanges.

City staff coordinated with the California Department of Transportation (“Caltrans”) on the development of the draft ordinance and also provided Caltrans with a copy of the Draft Mitigated Negative Declaration for their review and comment. Per the draft Ordinance, the owner/operator of an electronic billboard shall obtain a permit from Caltrans and shall comply with all applicable federal, state, and local laws when constructing, operating, improving, maintaining,
repairing, and removing the electronic billboard(s).

Furthermore, electronic billboard(s) shall not be operated in such a fashion as to constitute a hazard to safe and efficient operation of vehicles on streets or freeways.

Land Use Goal LU 8:

Support growth and
development that
preserves and
strengthens the City’s
historic, small-town
character; provides
and maintains safe,
livable, and affordable
neighborhoods; and
creates beautiful
places.

Electronic billboards will not be allowed in non-urbanized areas. There are no scenic resources that would be
obstructed from permitted locations in the proposed
Ordinance. With compliance to size, height, and location regulations, electronic billboard(s) would not substantially degrade the visual character or quality of public views. A maximum of two (2) electronic billboards may be permitted in the City of Gilroy, with a minimum distance of 1.5 miles between the two electronic billboards. Electronic billboards shall also be placed at least 500 feet from any residential zone or residential use. Furthermore, to the extent possible, the electronic billboard(s) shall be located and oriented in a manner that avoids or minimizes the direct exposure of the display as viewed from adjacent or nearby residential or hotel uses.

Policy LU 8.7 Signs
and Billboards:

Require the location of
signs and billboards to
respect the
surrounding context in
order to minimize any
negative impact on the
visual environment.

Enforce sign
regulations and design
standards to reduce
sign clutter and illegal
signage along
corridors.

The proposed Ordinance restricts the location of electronic billboard(s) to property with a General Services Commercial or City Gateway District land use designation and only
allows up to two (2) signs in the entire City. The proposed Ordinance includes a finding requiring that electronic
billboard(s) be architecturally compatible with the uses and structures on the site and in the surrounding area. The allowed height under the proposed Ordinance is consistent with the height approved for the Gilroy Crossing (Regency Center) pylon sign and the Pacheco Pass pylon sign. The proposed height allowance is also consistent with the
recently approved Plaza Allium pylon sign. The total display area allowance (672 square feet) is less than the approved tenant sign area (864 square feet) for the Plaza Allium pylon sign.

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8 Economic Prosperity
Goal EP 3: Maintain a
supportive business
climate that increases
the City’s ability to
support expansion of
existing businesses
and attraction of new
businesses.

The proposed electronic billboard ordinance provides
existing and future businesses in the City an opportunity to advertise and potentially expand their business. The
ordinance provides Gilroy businesses an opportunity to
advertise their goods and services to visitors and the local workforce, who may not reside in Gilroy but drive to Gilroy for employment at local businesses including retail
establishments, restaurants, and offices, as well as schools and service organizations.

Policy EP 3.1
Promote Gilroy:

Promote Gilroy as a
place for business and
industry, capitalizing
on the City’s location
and numerous
amenities, to
encourage new
businesses to locate
here and to retain
existing businesses.

The proposed electronic billboard ordinance provides Gilroy businesses and organizations such as Visit Gilroy, the
Chamber of Commerce, and the Downtown Business
Association an opportunity to advertise the City’s numerous amenities including the future Ice Center at Gilroy Sports Park, Gilroy Gardens, the Recreation Gateway Area,
Gourmet Alley, wineries, and golf courses.

Similarly, the proposed Ordinance also supports Policy EP

6.1 Tourism Promotion, Policy EP 6.5 Wine Tourism, and
Policy EP 6.7 Outdoor Recreation.

Policy EP 5.5 Outlet
Mall: Promote the
Gilroy Premium
Outlets and other
regional retail
destinations.

The proposed electronic billboard ordinance provides the Gilroy Premium Outlets and other major regional retailers such as Gilroy Crossings and the Pacheco Pass Center an opportunity to advertise their goods and services to visitors and travelers.

Goal EP 6: Attract
visitors and provide
them with the
amenities and services
to make their stay
enjoyable.

The proposed electronic billboard ordinance provides Gilroy businesses and organizations such as Visit Gilroy an
opportunity to advertise the City’s numerous amenities and services including hotels, the city’s wineries and restaurants, and recreational amenities.

Policy EP 6.4 Events:

Promote existing and
new signature events
that add to Gilroy’s
quality of life, enhance
the City’s image, and
stimulate economic
activity.

The City of Gilroy shall be permitted to use a minimum
number or percentage of advertising spots for City events, public information, emergency alerts, and other similar public service announcements. The proposed electronic billboard ordinance also provides Gilroy businesses and organizations such as Visit Gilroy, the Chamber of Commerce, and the
Downtown Business Association an opportunity to advertise events to the general public.

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9 Zoning Ordinance Purpose: The Zoning Ordinance is the primary tool by which the city implements the policies of the General Plan. The Zoning Ordinance is, among other purposes, intended to protect and improve the established character and the social and economic stability of the City. The City’s sign regulations (Article XXXVII) are, among other purposes, intended to provide minimum standards to safeguard life, health, property and the public welfare by regulating and controlling the location, placement, size, numbers, surface area, illumination, materials, and maintenance of signs and sign structures.

The existing Gilroy Sign Ordinance does not currently allow off-site advertising signs (other than real-estate signs) and has general restrictions for freeway-oriented signs and commercial signage (e.g., height and size limits). The Sign Ordinance also prohibits signs that utilize scrolling or moving text or images (i.e., electronic billboards). Therefore, the project requires an amendment to City Code Sections 30.37.30 (Prohibited Signs),

30.37.50 (Commercial and Industrial districts), and 30.37.51 (Freeway Oriented Signs).

Zoning Text Amendment Review: Pursuant to City Code Section 30.52.40, the Planning commission may recommend approval, or deny or deny without prejudice the requested ordinance amendment. If recommended for approval, the Planning Commission shall make findings demonstrating that the amendment is necessary to carry out the general purpose of the Zoning Ordinance and applicable General Plan goals and policies. If the Planning Commission denies the requested amendment, the applicant may appeal the decision to the City Council. In either case, the City Council shall conduct a public hearing within thirty (30) days of receipt of the Commission recommendation or written appeal or as soon thereafter as is practical. Pursuant to Section 30.52.60, the City Council may approve, modify or disapprove a proposed ordinance amendment. The approving ordinance or resolution of denial shall recite, among other things, the facts and reasons that, in the opinion of the City Council, make the approval, denial or denial without prejudice of the Ordinance amendment necessary to carry out the general purposes of the Zoning Ordinance and the General Plan. The action by the City Council shall be final and conclusive.

As discussed in the analysis section of this staff report, the attached draft resolution recommending approval demonstrates that the proposed text amendment carries out the general purpose of the Zoning Ordinance and applicable General Plan goals and policies.

PUBLIC NOTICING:

As required by law, 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 MND). 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.

A community meeting to discuss the project was held on October 25, 2022. Individual

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10 property owners within 1,600 feet of the subject property where the electronic billboard is proposed were mailed copies of the notice for the community meeting on October 13, 2022. The community meeting was advertised in The Gilroy Dispatch on Friday, October 21, 2022.

A notice of the January 19, 2023 Planning Commission meeting was advertised in The Gilroy Dispatch on Friday, January 6, 2023 (no less than 10 days prior to the meeting).

Individual property owners within 500 feet of the subject property where the electronic billboard is proposed were mailed copies of the notice for the Public Hearing notice on January 5, 2023. The Planning Commission public hearing packets are available through the City’s webpage.

Public Comments: The City received comment letters from 14 individuals/organizations (one commenter submitted comment letters on three separate dates). Three (3) individuals support the draft Ordinance, citing the ability to advertise local, regional, and national businesses, as well as local events and emergency communications. The remaining 11 individuals/organizations oppose the draft Ordinance, citing concerns related to aesthetics, astronomical pursuits, the billboard industry in general, driver safety, energy consumption, greenhouse gas emissions, light pollution, and light impacts on wildlife (e.g., birds) and human circadian rhythms. Many of the comments were addressed in the attached Draft Initial Study and Mitigated Negative Declaration (IS/MND). CEQA related comments received after the release of the Draft MND were subsequently addressed in the attached Final MND. The Final MND includes a response to CEQA related comment letters from John Bauters (8-24-22), Shani Kleinhaus/Audubon Society (9-6-22) and Dr. Paul D. Lynam/Lick Observatory (9-5-22). As a result of these letters, the Final MND amended Section 2.4, Biological Resources (page 41), mitigation measure BIO-7 (page 45) and Section 2.17, Transportation (page 98). These minor amendments and clarifications do not change the significance of any of the environmental issue conclusions within the Draft IS/MND, nor do they require changes to the draft Ordinance.

In addition, the project applicant has submitted the attached response to comments as they relate to the MND (dated 9-29-22) and general concerns regarding light impacts and driver safety impacts (3-21-21). On 12-8-22, the applicant also submitted a list of benefits for the proposed billboard. A copy of all public comments received as of 1-3-22 is attached, including the three (3) comment letters related to CEQA as noted above.

CONCLUSION AND NEXT STEPS:

Staff recommends that the Planning Commission recommend approval of the draft changes to City Code, including a new Zoning Ordinance (Article LV, Electronic Billboards), as supported by the analysis in this staff report.

Alternatively, the Planning Commission can deny the application or recommend modifications to the Ordinance. If the Planning Commission recommends denial, the Commission shall recite the specific facts and evidential reasons why the Ordinance and text amendments do not carry out the general purposes of the Zoning Ordinance and the General Plan. If recommended for denial, the applicant can appeal the decision to the City Council who has final decision-making authority.

10.1 p. 339 of 947
11 The recommendation of the Planning Commission shall be forwarded to the City Council.

A Council hearing date is tentatively scheduled for February 20, 2023. If denied by the Council, the decision would be final. If approved by the Council, the Ordinance would take effect 30 days following the second reading of the Ordinance. If the Ordinance is approved, the application for a proposed electronic billboard at 6460 Automall Parkway (SP 21-08) would potentially be presented to the Planning Commission in March 2023 and the City Council in April 2023. The project would also be subject to a Development Agreement that would have to be approved by the City Council.

APPEAL PROCEDURE:

In accordance with Section 30.51.50 of the Gilroy City Code, the Planning Commission's decision may be appealed, in writing, to the City Council within 20 days of adoption of the resolution. Appeal forms may be obtained from the City Clerk and must be submitted with the appropriate fee before the end of the appeal period.

ATTACHMENTS:

1. Draft Planning Commission Resolution

2. Draft Initial Study / Mitigated Negative Declaration (IS/MND)

3. Final IS/MND with response to comments

4. Council Staff Report, 3-15-21

5. Applicant comments regarding Brightness and Road Safety, 3-21-21

6. Public Comments

7. Applicant response to CEQA comments, 9-29-22

8. Applicant comments regarding project benefits, 12-8-22

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NORTH AMERICA | EUROPE | AFRICA | AUSTRALIA | ASIA
WWW.FIRSTCARBONSOLUTIONS.COM
Final Initial Study/Mitigated Negative Declaration
Electronic Billboard Ordinance Project
City of Gilroy, Santa Clara County, California
State Clearinghouse Number 2022080141
Prepared for:

City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
408.846.0253
Contact: Cindy McCormick, Senior Planner
Prepared by:

FirstCarbon Solutions
2999 Oak Road, Suite 250
Walnut Creek, CA 94597
925.357.2562
Contact: Mary Bean, Project Director
Tsui Li, Project Manager
Date: November 16, 2022

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City of Gilroy—Electronic Billboard Ordinance Project
Final Initial Study/Mitigated Negative Declaration Table of Contents FirstCarbon Solutions iii Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/1719/17190010/Final ISMND/17190010 Sec00-01 TOC.docx Table of Contents
Section 1: Introduction..............................................................................................................1-1 Section 2: Responses to Written Comments...............................................................................2-1

2.1 - List of Authors ................................................................................................................2-1

2.2 - Responses to Comments................................................................................................2-1 Section 3: Errata........................................................................................................................3-1

3.1 - Changes in Response to Specific Comments..................................................................3-1

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City of Gilroy–Electronic Billboard Ordinance Project
Final Initial Study/Mitigated Negative Declaration Introduction FirstCarbon Solutions 1-1 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/1719/17190010/Final ISMND/17190010 Sec01-00 Introduction.docx SECTION 1: INTRODUCTION
Although not required by the California Environmental Quality Act (CEQA), the City of Gilroy has prepared the following responses to significant environmental comments received on the Electronic Billboard Ordinance Project Draft Initial Study/Mitigated Negative Declaration (Draft IS/MND). The Responses to Comments and Errata, which are included in this document, together with the Draft IS/MND, Draft IS/MND appendices, 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. All public comments regarding the Draft IS/MND are included for consideration by the City of Gilroy.

This document is organized into three sections:
• Section 1—Introduction.
• Section 2—Responses to Written Comments: Provides a list of the agencies, organizations, and individuals who commented on the Draft IS/MND. Copies of all of the letters received regarding the Draft IS/MND and responses thereto are included in this section. • Section 3—Errata: Includes an addendum listing refinements and clarifications on the Draft IS/MND, which have been incorporated.

The Final IS/MND includes the following contents:
• Draft IS/MND (provided under separate cover)
• Draft IS/MND appendices (provided under separate cover) • Responses to Written Comments and Errata (Sections 2 and 3 of this document) • Mitigation Monitoring and Reporting Program (provided under separate cover)

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City of Gilroy–Electronic Billboard Ordinance Project
Final Initial Study/Mitigated Negative Declaration Responses to Written Comments FirstCarbon Solutions 2-1 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/1719/17190010/Final ISMND/17190010 Sec02-00 Responses to Written Comments.docx SECTION 2: RESPONSES TO WRITTEN COMMENTS

2.1 - List of Authors
A list of public agencies, organizations, and individuals that provided comments on the Draft Initial Study/Mitigated Negative Declaration (Draft IS/MND) is presented below. Each comment has been assigned a code. Individual comments within each communication have been numbered so comments can be crossed-referenced with responses. Following this list, the text of the communication is reprinted and followed by the corresponding response.

Author Author Code
Organizations
Sierra Club Loma Prieta Chapter/Santa Clara Valley Audubon Society .....................................SC-SCVAS University of California Lick Observatory ..................................................................................UCO-LICK Individuals
John Bauters.............................................................................................................................. BAUTERS

2.2 - Responses to Comments

2.2.1 - Introduction
Although a lead agency is not required to provide written responses to comments on proposed Negative Declarations (NDs) or Mitigated Negative Declarations (MNDs) under the California Environmental Quality Act (CEQA), the City of Gilroy has evaluated the comments received on the proposed Electronic Billboard Ordinance Project (State Clearinghouse No. 2022080141) (proposed project) Draft IS/MND and has elected to provide responses to the following significant environmental comments. None of the comments received results in the need to recirculate the Draft IS/MND or to prepare an Environmental Impact Report (EIR).

2.2.2 - Comment Letters and Responses
The comment letters reproduced in the following pages follow the same organization as used in the List of Authors.

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September 6, 2022
Cindy McCormick
[email protected]
Re: Initial Study/ Draft Mitigated Negative Declaration - Electronic Billboard Dear Ms. McCormick,
Santa Clara Valley Audubon Society and Sierra Club Loma Prieta Chapter submit the following comments and responses to highlight the shortcomings of the Initial Study/Draft Mitigated Negative Declaration and the environmental impacts that would result from implementation of the Electronic Billboard Ordinance Project in the City of Gilroy. The comments with attached references provide unequivocal scientific evidence to establish the significant and unavoidable harm that Artificial Light At Night (ALAN) in general, and electronic billboards specifically, impose on human health and on ecosystems. The IS/DMND does not adequately address these issues.

In March 2021, Sierra Club National adopted a new light pollution policy: “Sierra Club recognizes that while artificial light provides desirable benefits to society, such as extended hours of social space at night, its excessive, inappropriate and poorly controlled use also leads to significant harm. Sierra Club defines light pollution as artificial light that adversely affects ecosystems and any living organism. Sierra Club includes in this definition anthropogenic light that is wasteful, or misdirected; has negative ecological impacts; is used as a form of aggression; is harmful to health, safety, or other human rights; or disrupts our view of the natural night sky, disconnecting us from our cosmic environment, including the Milky Way Galaxy where we live. Therefore, light pollution imposes natural resources, economic, biological, political, psychological, and cultural burdens.” In addition, the Sierra Club retained a 60-year policy which “opposes billboard development along highways and supports measures to restrict these billboards.” The Sierra club policy is supported by a comprehensive compilation of resources pointing to the significant impacts of ALAN, please see “Attachment Resources-References-LightPollutionPolicy_20210307,” attached, and the recently published “Artificial Light at Night: State of the Science 2022”1. The information and scientific studies referenced in this 1 International Dark-Sky Association
1 SC-SCVAS

1 2

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attachment point to the devastating impact of lighting on ecosystems and organisms that comprise our biological resources and our health. The Santa Clara Valley Audubon Society (SCVAS) is similarly concerned with the proliferation of ALAN and its pervasive harm to organisms, species, ecological food webs, and human health and safety. SCVAS is one of the largest National Audubon Society chapters in California, and its mission is to promote the enjoyment, understanding, and protection of birds and other wildlife by engaging people of all ages in birding, education, and conservation.

Our organizations and our thousands of members in the region are working to protect our common natural resources, and we are greatly concerned with detrimental impacts of electronic billboards and signs to biological resources, the night sky, the aesthetic character of our City of Gilroy and region, and the health and quality of life of our region’s residents. We are opposed to allowing electronic billboards and encourage the City of Gilroy to tighten regulation and reduce, rather than increase their prevalence and impacts. We believe that electronic billboards anywhere, including at the proposed location, will cause significant and irreversible harm to the biological and aesthetic environment resources. We encourage the City of Gilroy to amend its sign ordinance to prohibit highway-facing and major-road facing electronic billboards.

1. Aesthetic Resources
Electronic signs are, by design, intended to be viewed from a distance. By design, electronic billboards offend aesthetics and visual character, and produce day and nighttime illumination, light and glare. The public abhors them. A 2021 survey conducted by the City of San Jose revealed that over 95% of over 2200 respondents are strongly opposed to electronic billboards on freeways (presentation attached). The concerns over aesthetics were one of the primary reasons provided by the opposing respondents. Highway 101 in this area is not, by designation, a scenic highway. But the public and the drivers clearly consider electronic advertisement “a form of aggression” which assaults our senses and health, and imperils drivers as it diverts their attention and puts them at an increased risk of collision. ● The entire portion of US-101 that passes through the City of Gilroy is a County-designated scenic route, and is only approximately 660 feet east of the proposed billboard site. The Project clearly intends the advertisements to be highly visible from US-101 which traverses a relatively rural landscape in Gilroy and its vicinity, a rural landscape that travelers value. The Project will disrupt the visual character of the 101 corridor, despoil scenic elements, and offend landscape characteristics that contribute to the rural character of the Bay Area south of San Jose and to the well being of travelers. ● The finding that aesthetic impacts of Light and Glare are less than significant relies on Mitigation Measure MM AES-1 “The signs’ operational lighting parameters shall be provided to the City of Gilroy Community Development Department for review and approval prior to the regular operation of the light-emitting diode (LED) billboards, and https://www.darksky.org/wp-content/uploads/2022/06/IDA-State-of-the-Science-2022-EN.pdf 2 SC-SCVAS

2 CONT
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shall be implemented by the project proponent to ensure a driver would not be adversely affected or impacted by trespass glare lighting.” ○ Since drivers overwhelmingly and unequivocally find that electronic billboards affect them, there is no feasible way to “ensure a driver would not be adversely affected or impacted by trespass glare lighting”.

There is no doubt that impact on Aesthetic Resources is significant and unavoidable, and should be recognized as such in an Environmental Impact Repost and a Statement of Overriding considerations.

2. Biological Resources:

The Biological Report underestimates the potential impact to ecosystems including those non-special status species that may make use of the adjacent Princevalle drainage that benefit from its water and relative cover and including those that may transit it between the larger habitats of Uvas Creek and Llagas Creek.

Recent scientific studies highlight the pervasive, cumulative, and harmful impacts of 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. It seems that CEQA guidelines have not caught up and are inadequate to measure the impact to biological resources. Science shows that ALAN is harmful to all biological resources that see or otherwise perceive it - including both plants and animals. The many studies cited in this and the attached document show that biological impacts are not limited to the area illuminated but can extend to a large distance.

The mechanism by which light impacts organisms is explored in a November 2020 study titled, “Exposure to Artificial Light at Night and the Consequences for Flora, Fauna, and Ecosystems”2. This study shows that dozens of behavioral activities in all biological taxa display daily and annual rhythms, and are thus impacted by ALAN. This includes locomotor activity and sleep, schooling behavior (fish), vertical (fish) and horizontal (all vertebrates) migration, behavioral thermoregulation (fish), vocalization (fish, birds), foraging and food intake, mating and reproduction.

Contemporary scientific evidence shows that attraction to light is having a devastating and direct impact on insect numbers and diversity, and indirect effects to entire ecosystems.

Impacts to biological resources can be lessened by limiting operation hours, and turning the billboards off between the hours of 11PM and 8AM.
2 https://www.frontiersin.org/articles/10.3389/fnins.2020.602796/full 3 SC-SCVAS

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Recent studies also implicate ALAN as one of the primary drivers of the global decline in insect numbers and diversity (the insect apocalypse)3. The loss of insects and the loss of ecological services they provide (for example, pollination, and as food for fish and birds) should be considered a significant, unavoidable impact for 24/7 light sources as proposed for this Project.

2.1 Migratory birds
The IS/DNMD 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”. The IS/DMND provides two reasons why the ”proposed electronic billboard would not have a significant impact on the movement of migrating birds” (IS/DNMD p. 41). These reasons and the findings are not supported by evidence:
● Illuminations levels – The IS/DMND implies that the “proposed electronic billboard would not create a substantial change in illumination levels' ' from the baseline light sources in the area” (IS/DNMD p. 41). This is a subjective opinion. To substantiate this statement, a photometric study and a study of glare and light spillage must be provided, and light levels and the spectrum of the LED lights should be analyzed within a biological-impact context.
● Billboard sign face display – The IS/DMND states that the proposed billboard sign face would not be allowed to change “more than every 8 seconds, and messages would be static (i.e., not moving, or animated) resulting in changing color patters [sic] rather than a fixed unchanging light which may be more attractive to birds'' (IS/DNMD p. 41). There is no research to indicate what is an effective length of time a billboard image should be displayed to reduce the attraction to birds. The proposed 8 second interval is arbitrary.

Therefore, the IS/DNMD does not show that there is a less than significant impact on wildlife, and mitigation measures to safeguard migratory birds should be implemented.

2.2 Connectivity for wildlife
Open storm drains, irrigation channels and other flood management infrastructure features often connect habitat patches and provide pathways for animals to traverse an urban landscape4. This connectivity for wildlife is important to preserve biodiversity, and is easily 4 Ecological connectivity research in urban areas,
https://besjournals.onlinelibrary.wiley.com/doi/full/10.1111/1365-2435.12489 3 https://www.sciencemag.org/news/2021/05/can-scientists-help-insects-survive-their-fatal-attraction-lig ht-night, and
https://www.smithsonianmag.com/smart-news/light-pollution-contributes-insect-apocalypse-18097364

2. 4

SC-SCVAS

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disrupted by lighting5
. The Project is adjacent to the Princevalle Channel, which is currently a wildlife connectivity corridor and allows permeability between Uvas and Llagas creeks (Figure 1).

The DMND provides no analysis of wildlife movement in the channel, dismissing impact to wildlife movement. ife
PDF p. 49 “The project site is bounded by a chain link fencing to the north, east, and south.

These factors along with existing urban developments within the general project vicinity limit wildlife movement through the project site. Additionally, the project site is not part of or within a wildlife movement corridor”
PDF p. 48 provides, “The Princevalle Channel is located approximately 50 feet north of the project site and is a tributary to Llagas Creek, which flows into the Pajaro River, which empties into Monterey Bay, a traditional navigable water of the United States. While the project site does not contain State or federally protected wetlands, construction of the proposed electronic billboards has the potential for indirect (temporary) adverse impacts to the aquatic habitat of the Channel. Potential temporary indirect impacts (during construction) include pollutant loading, increased erosion and sedimentation, and debris dispersal into the Channel.

Implementation of MM BIO-5 and MM BIO-6 would reduce potential indirect adverse impacts to the aquatic habitat of the Channel to less than significant levels through avoidance and minimization measures.”
● Please provide wetland delineation for the channel’s aquatic habitat, and discuss application of requirements by the State Water Board and the Habitat Agency ● MM BIO-5 and BIO-6 mitigate the impacts to Princevalle Channel during the construction phase. Without a study of terrestrial animal movement within the Princevalle Channel, the finding that the Project will not interfere substantially with the movement of native wildlife species or with established native resident or migratory wildlife corridors cannot be made.
5 Effects of Artificial Night Lighting on Terrestrial Mammals.

Ecological Consequences of Artificial Night Lighting. Catherine Rich & Travis Longcore (eds). 2006. Island Press.

Covelo, California. Pages 15-42, “lighting can be very disorienting for animals that are trying to move at night. So wildlife corridors can be compromised by even a single light and so prevent animals from moving to crucial landscapes.”
5 SC-SCVAS

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Figure 1: Figure 5-8 of the
Santa Clara Valley Habitat Plan
denotes Uvas Creek and Llagas
Creeks as important wildlife
corridors.

2.3 Conflict with the Valley Habitat Plan
The finds that “Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan” is less than significant with mitigation. The proposed mitigation, MM BIO-7, provides, “The project applicant shall submit a Santa Clara Valley Habitat Plan (SCVHP) Coverage Screening Form to the Planning Department for review and shall complete subsequent forms, reports, and/or studies as needed.”
● For Mitigated Negative Declarations, CEQA does not allow mitigation measures to depend on future disclosure of impacts and actual mitigation measures. Please specify any studies that will be needed and discuss the potential impacts and how these will be addressed.
6 SC-SCVAS

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3. Driver Safety The IS/DMND acknowledges that the project undermines driver safety but the impact and of this hazard understated by the IS/DMND6. As expressed above, driver Safety was a great concern to the responders to the San Jose survey. The risk to drivers is evident, and supported in a plethora of studies (See attachments)
● Please analyze current vehicle collision data for the target stretch of US-101 and consider the potential of additional collisions due to drivers’ attention being diverted.

4. Energy consumption, brightness, greenhouse gas emissions In his study of energy use and other environmental impacts of electronic billboards7(attached), Mr. George Young discusses energy consumption for lighting and cooling of LED billboards, as well as brightness of the billboards, materiality and recyclability. Ceqa requires the analysis of all direct and indirect impacts on a project, and we believe that all these environmental burdens are significant. The possibilities of mitigation are limited and therefore, the environmental impacts are generally unavoidable. Mr. Young makes many technical recommendations which we incorporate into this letter by reference. We ask for an Environmental Impact report to consider these mitigation, and analyze the project compliance with them.

While the IS/DMND lists the estimated 52,400 kilowatts/year of electricity and 6.6 megatons of CO2/year expected to be released into the atmosphere with the energy required for the billboards, the IS/DMND only states that it meets standards and does not prescribe mitigation for the greenhouse gas emissions in our current climate emergency.

5. The City of San Jose has recently approved billboards at the airport, and included several feasible structural and operational requirements and mitigation measures that should be incorporated into the requirements for Gilroy’s ordinance and the billboards project. Table 1 highlights some of these requirements:
7 Illuminating the Issues: Digital Signage and Philadelphia’s Green Future by Gregory Young https://www.scenic.org/wp-content/uploads/2019/09/Digital_Signage_Final_Dec_14_20101.pdf 6Appendix A - Lighting Analysis Report from City of San Jose US 101 Airport Electronic Signs Addendum https://www.sanjoseca.gov/home/showpublisheddocument/75593/637629018659330000, p.4 6 • Colored light from LED displays outdoors in urban zones affects traffic safety. https://www.sciencedirect.com/science/article/abs/pii/S0360132320308155 (January 2021)
• Luminance of roadside LED Billboards in Poland shows that advertising billboards often exceeded safe luminance levels for driving.
https://www.tandfonline.com/doi/full/10.1080/15502724.2020.1803752 (October 2020)
• April 2021 National Highway Traffic Safety Administration published data from 2019 on distracted-driver accident stats (electronic billboards included "Distracted by Outside Person, Object, or Event") https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813111 7 SC-SCVAS

16 17
18 19

10.1 p. 355 of 947
Table 1. Comparison of proposed Gilroy billboards with existing billboards near San Jose Airport SJ Airport Gilroy
Shielding the night sky “customizable horizontal light
shields, and a vertical alignment of
LED RGB modules to eliminate light
into specific zones”
Vertical light is controlled by LED
angles restricted to “65 degrees,
with limited intensity above 18
degrees and below 47 degrees.”
none
Brightness 0.3 candlefoot except on northface
of the South Site which has 0.1
candlelight and “backlighted” LED
display facing the riparian zone
because of creek and riparian zone.

Max is 0.3 candlefoot. Compare
with full moon which is max of 0.1
candlefoot.6
Brightness changes with the
amount of ambient light picked up
by the sensors.

Max 0.3 candlefoot at 250ft from
billboard. Compare with full moon
which is max of 0.1 candlefoot.6
Brightness changes with the
amount of ambient light picked up
by the sensors.

Studies on photometrics Study done by Ronald Zeiger,
President of Zeiger Engineers, Inc.
none
hours Off from midnight to 6 am No limits
Time to change screen change every 8 seconds, except the north face on South Side will be a
fixed image, totally static
Change every 8 seconds
On brightness, the EIR provides,
○ PDF p. 21: "The proposed project commits to a maximum ambient light output level of a

0.3 foot-candle at 250 feet from the billboard, which is a more conservative lighting intensity standard for electronic billboards of this proposed size when compared to State standards. For a frame of reference, 0.3 foot-candle is comparable in brightness to the light emanating from a computer monitor, and the light levels emitted from the proposed billboards would be programmed to adjust based upon ambient light conditions at any given time (i.e., nighttime versus daytime). Therefore, impacts would be less than significant"
○ PDF p. 27: "proposed Ordinance would require billboard projects to commit to a maximum ambient light output level of 0.3 foot-candle at 250 feet from the billboards, 8 SC-SCVAS

19 CONT
20 10.1
p. 356 of 947
which is a more conservative lighting intensity standard for billboards of this proposed size when compared to State standards"
However, the standards seem to address visual and aesthetic impacts, and ignore the biological impacts of lighting that is 3 times the brightness of the moon, and the hazard this brightness imposes on migratory birds and on insects. The brightness, 0.3 foot-candle, remains a significant unmitigated environmental impact to species and the ecosystem.

We ask the City of Gilroy not to approve highway or road-facing electronic billboards. Instead, the city should develop an ordinance prohibiting such billboards city-wide. If the city persists in moving forward with this project, an EIR must be prepared.

Thank you
Shani Kleinhaus
Environmental Advocate
Santa Clara Valley Audubon Society
Gladwyn D’Souza
Conservation Committee Chair
Sierra Club Loma Prieta Chapter
9 SC-SCVAS

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10.1 p. 358 of 947
City of Gilroy–Electronic Billboard Ordinance Project
Final Initial Study/Mitigated Negative Declaration Responses to Written Comments FirstCarbon Solutions 2-13 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/1719/17190010/Final ISMND/17190010 Sec02-00 Responses to Written Comments.docx Organizations
Sierra Club Loma Prieta Chapter/Santa Clara Valley Audubon Society (SC-SCVAS) Response to SC-SCVAS-1
This comment consists of introductory information and summarizes the commenter’s concerns about potential impacts resulting from the proposed project. The concerns pertaining to environmental impacts are addressed in the following responses.

Response to SC-SCVAS-2
The comment provides the Sierra Club’s light pollution policy, which states that Artificial Light At Night (ALAN) affects ecosystems and living organisms, and provides background information about the Sierra Club policy.

Specific comments pertaining to ALAN and its impact to biological resources are addressed in the responses below.

Response to SC-SCVAS-3
The commenter states that the proposed project would have significant impact to biological and aesthetic environmental resources and opposes the proposed project.

Comments related to biological and aesthetic impacts are discussed below. This comment will be provided to the City decision-makers for their review and consideration of the proposed project as a whole.

Response to SC-SCVAS-4
The commenter claims that the proposed billboards would have aesthetic and visual character impacts and refers to a 2021 San José survey in which 95 percent of respondents opposed to electronic billboards.

The proposed project’s lighting would be adjustable based on ambient light conditions at any given time (i.e., nighttime versus daytime). To avoid impacts to the visual character of the area, billboards would not be allowed in non-urbanized areas and would be restricted to the Urban Growth Boundary of the City. More specifically, as described in the Draft IS/MND Project Description, permitted locations for electronic billboards would be limited to property designated General Services Commercial or City Gateway District, located within 660 feet of U.S. Highway 101 (US-101) and State Route (SR) 152.

Public opinion surveys are beyond the purview of CEQA; however, this comment will be provided to the City decision-makers for their review. No additional analysis is required.

Response to SC-SCVAS-5
The commenter states that the proposed Ordinance would impact the visual character of US-101, which is a County-designated scenic route.

As discussed in Draft IS/MND Section 2.1, Aesthetics, the US-101 segment that traverses the City of Gilroy is not a designated State Scenic Highway. County-designated scenic routes are beyond the purview of CEQA. In addition, permitted locations for billboards would be limited to properties

10.1 p. 359 of 947
City of Gilroy–Electronic Billboard Ordinance Project
Final Initial Study/Mitigated Negative Declaration Responses to Written Comments FirstCarbon Solutions 2-14 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/1719/17190010/Final ISMND/17190010 Sec02-00 Responses to Written Comments.docx designated General Services Commercial or City Gateway District, located within 660 feet of US-101 and SR-152. Therefore, billboards would not be permitted in rural parts of Gilroy. No additional analysis is required.

Response to SC-SCVAS-6
The commenter claims that drivers find that electronic billboards affect them, and that the glare impact is considered to be significant and cannot be mitigated.

Driver distraction related to glare was analyzed in Draft IS/MND Section 2.1, Aesthetics,. Applicable federal and State regulations require a minimum of four second dwell time before the display may transition to the next image to reduce driver distraction. The proposed Ordinance would not allow the sign face display to change more often than every 8 seconds and the messages would be static (i.e., not moving or animated). Therefore, the proposed Ordinance would be more conservative than what is required by federal and State regulations. Accordingly, impacts were determined to be less than significant.

Public opinion surveys are beyond the purview of CEQA; however, this comment will be provided to the City decision-makers for their review.

Response to SC-SCVAS-7
The claim that aesthetic resource impacts are significant and unavoidable is not supported by any new information that would change the conclusion of the Draft IS/MND. Therefore, no further analysis is warranted.

Response to SC-SCVAS-8
The commenter claims that the proposed billboard would have significant cumulative light and glare impacts on species that make use of the Princevalle drainage.

As demonstrated in Draft IS/MND Section 2.4, Biological Resources, the habitat of the Princevalle drainage is of low quality. The drainage is an urbanized man-made feature that lacks matures trees, dense understory vegetation, perennial water, or a suitable substate that provide habitat and cover for wildlife species. The fragmentation of the drainage from existing roads, US-101, and bridges further reduces its habitat quality. The drainage experiences a baseline level of artificial lighting from adjacent residential and industrial developments and lighting associated with US-101 that would not be substantially increased by the light from the proposed billboard, which is limited to a maximum ambient light output level of 0.3 foot-candle at a distance of 250 feet from the billboard. CEQA requires an evaluation of impacts relative to baseline conditions, not relative to hypothetical habitat conditions that are not present within the project site. The proposed billboard Ordinance would only permit locations for billboards in urbanized areas, within properties designated General Services Commercial or City Gateway District and within 660 feet of US-101 and SR-152. In addition, subsequent billboards would be required to undergo a separate CEQA review.

Response to SC-SCVAS-9
The commenter claims that wildlife and their ecosystem are affected by artificial light and suggests that the billboard be turned off between the hours of 11:00 p.m. to 8:00 a.m.

10.1 p. 360 of 947
City of Gilroy–Electronic Billboard Ordinance Project
Final Initial Study/Mitigated Negative Declaration Responses to Written Comments FirstCarbon Solutions 2-15 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/1719/17190010/Final ISMND/17190010 Sec02-00 Responses to Written Comments.docx The proposed project’s lighting would be adjustable based on ambient light conditions at any given time (i.e., nighttime versus daytime). It tethers lighting levels to ambient conditions through the use of a photocell that measures ambient light. For example, cloudy days will register a lower ambient light level than sunny days on the photocell, and dusk and dawn lighting levels are also traceable.

These values read back to the display, and light output is adjusted automatically and accordingly. In addition to this function, the applicant maintains a “watchdog” program that update the dusk and dawn times each day based on the display's longitude and latitude. After dusk, the watchdog records and fixes the light output at the nighttime level and, if the sensor on the display attempts to communicate bright ambient conditions (e.g., a nighttime event with other illumination sources occurs in the parking lot), the display will ignore the high feedback from the sensor.

The study cited by the commentor identifies general categories of wildlife species that could be impacted by exposure to ALAN, but does not provide an analysis of species required to be reviewed under CEQA standards (I.e. special-status species). The study does not address the specific impacts of billboards; rather, it discusses the impacts of light-emitting diodes (LEDs) in general, though acknowledges much of the supporting data "necessarily comes from older lighting technology.” The generalized study cited by the commenter does not amount to substantial evidence of a significant impact on biological resource on the fauna found in the City of Gilroy.

Furthermore, because Mitigation Measure (MM) BIO-1 through MM BIO-6 would reduce impacts on sensitive species and their habitat to less than significant levels, no further mitigation is required.

Response to SC-SCVAS-10
This comment relates to the proposed billboard’s illumination levels and potential impacts on migratory birds.

The Draft IS/MND’s conclusion that the proposed billboard would not create a substantial change in the illumination levels from baseline light sources is not subjective. Substantial evidence in the administrative record demonstrates that the proposed project would be consistent with illumination intensity standards outlined in the California Department of Transportation (Caltrans) Outdoor Advertising Act; and moreover, the lighting intensity is designed to be more conservative for billboards of similar size when compared with State standards. Additionally, the project site is located in a highly urbanized area and is surrounded by development that results in a baseline of light sources. Adjacent light sources include signs and lights from the adjacent auto dealership, highway lighting and infrastructure, additional billboards adjacent to US-101 in the greater vicinity of the project site, and continuous highway traffic. For these reasons, the proposed billboard would not create a substantial change in illumination levels. The Draft IS/MND adequately analyzed impacts to migratory birds. No additional analysis is needed.

Response to SC-SCVAS-11
The commenter claims that the proposed 8-second image dwell time is arbitrary and would not reduce attraction to birds.

As explained in the Draft IS/MND Project Description, applicable federal and State regulations require a minimum 4 second dwell time before the display may transition to the next image to

10.1 p. 361 of 947
City of Gilroy–Electronic Billboard Ordinance Project
Final Initial Study/Mitigated Negative Declaration Responses to Written Comments FirstCarbon Solutions 2-16 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/1719/17190010/Final ISMND/17190010 Sec02-00 Responses to Written Comments.docx reduce driver distraction. The proposed Ordinance would not allow the sign face display to change more often than every 8 seconds and the messages would be static (i.e., not moving or animated).

The proposed Ordinance would therefore be more conservative than what is required by federal and State regulations. In addition, the proposed billboard sign face sign messaging timing would result in changing color patterns rather than a fixed unchanging light. As such, birds flying near the proposed billboard would not perceive the light as a fixed, unchanging light which has shown to be the most attractive to birds.1,2,3 Therefore, impacts to migratory birds are less than significant and no additional mitigation measures are required.

Response to SC-SCVAS-12
This comment is related to the Princevalle Channel and its function as a wildlife connectivity corridor.

The proposed project would not have any impact on any sensitive habitats. The project site is composed of an active truck storage lot that is fully developed. Developed habitats are widespread, particularly within the immediate vicinity of the project site. Based on the field survey previously conducted, there are multiple sources of existing lighting that illuminate the adjacent drainage (see responses above). Furthermore, the identified reach of the drainage is of poor quality for wildlife species. The drainage is an urbanized man-made feature that lacks matures trees, dense understory vegetation, perennial water, or a suitable substate that facilitate significant wildlife movement.

Species that do utilize the drainage have been acclimated to the highly urbanized environment and are accustomed to the numerous lighting sources currently present within the reach of the drainage.

According to information provided by the applicant, the north-facing display of the proposed billboard would be 60 feet high and, as demonstrated in the administrative record of proceedings, the vertical light footprint of displays does not cast light on the ground within the first 100 to 150 feet or so. The Princevalle Channel is located 50 feet north of the proposed display, and below the grade of the proposed billboard site. Even if the study demonstrated that the Princevalle Channel contained protected species, it was demonstrated Draft IS/MND that the operation of the proposed billboard would not create a substantial change in illumination levels due to the physical dimensions of the light footprint and the existing topography. As previously articulated, these considerations do not account for the fact that the auto dealership to the north has parking lot lights located directly adjacent to the channel, such that the baseline lighting levels already illuminate the channel.

Response to SC-SCVAS-13
The proposed project would not have any direct or indirect impacts to the drainage’s aquatic habitat and as such does not require a wetland delineation. Project construction would be limited to areas already highly disturbed (urban land cover) and, to the extent there is any potential for construction debris, materials, or runoff to reach the channel, MM BIO-5 and BIO-6 would prevent such from occurring. CEQA does not, per established case law, require the preparation of every last test and, here, a wetland delineation would not provide any meaningful environmental information. 1 Jones, J., and C.M. Francis. 2003. The effects of light characteristics on avian mortality at lighthouses. Journal of Avian Biology. 2 Gauthreaux, S.A., and C.G. Belser. 2006. Effects of artificial night lighting on migrating birds. Rich, C., and T. Longcore, Editors.

Ecological Consequences of Artificial Night Lighting. Covelo, CA: Island Press. 3 Gehring, J., P. Kerlinger, and A. Manville II. 2009. Communication towers, lights, and birds: Successful methods of reducing the frequency of avian collisions. Ecological Applications.

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City of Gilroy–Electronic Billboard Ordinance Project
Final Initial Study/Mitigated Negative Declaration Responses to Written Comments FirstCarbon Solutions 2-17 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/1719/17190010/Final ISMND/17190010 Sec02-00 Responses to Written Comments.docx Response to SC-SCVAS-14
Impacts to wildlife movement have been addressed in the Response to SC-SCVAS-12.

Response to SC-SCVAS-15
The commenter claims that MM BIO-7, which requires submittal of a Santa Clara Valley Habitat Plan (SCVHP) Coverage Screening Form, is a deferred mitigation measure. As explained on Page 43 of the Draft IS/MND, the proposed billboard is located within the SCVHP. MM BIO-7 does not rely on future disclosure of impacts. The proposed project would be consistent with the SCVHP, because project site is within the “Urban-Suburban” land cover as defined by the SCVHP and is not located in any special-status plant and wildlife survey areas, or fee zone. Additionally, coverage under the SCVHP is only needed if the project or activity has a reasonable potential or likelihood to take a covered species. A highly unlikely or speculative take does not meet this criterion. Because the proposed billboard would not result in a take of a covered species, no additional studies under the SCVHP would be required. MM BIO-7 merely contemplates confirming standard paperwork must be filed to document the foregoing conditions with administrators of the SCVHP and therefore is not a “deferred mitigation.” This requirement is included as MM BIO-7 to provide more specific information including timing and lead agency responsibility. For clarification purposes, MM BIO-7 is slightly edited to include timing of the mitigation measure. See Section 3, Errata, of this document.

Future billboards under the proposed Ordinance would undergo a separate review and could also be subject to this requirement.

Response to SC-SCVAS-16
This comment is related to driver safety.

As discussed in Response to SC-SCVAS-6, applicable federal and State regulations require a minimum 4 second dwell time before the display may transition to the next image to reduce driver distraction.

The proposed Ordinance would not allow the sign face display to change more often than every 8 seconds and the messages would be static (i.e., not moving or animated). The proposed Ordinance would therefore be more conservative than what is required by federal and State regulations.

In addition, the Commercial Electronic Variable Message Signs and Driver Visual Behavior Study was prepared and issued by the United States Department of Transportation (USDOT) Federal Highway Administration (FHWA) in September 2012,4 to investigate the effects of electronic billboards on driver visual behavior in roadway driving environments, in which driver participants’ eye movements were tracked while driving on roads containing standard billboards and electronic billboards. The study found that the percentage of time that drivers dedicated to the road ahead was not significantly affected by the presence of electronic billboards. Long glances at off-premises advertising were not evident. The amount of time drivers spent glancing at the electronic billboard was typically under 1 second and the longest glance at an electronic billboard was less than 1.3 seconds.
4 United States Department of Transportation (USDOT). Federal Highway Administration (FHWA). 2012. Driver Visual Behavior in the Presence of Commercial Electronic Variable Message Signs. September. Website:
https://www.fhwa.dot.gov/real_estate/oac/visual_behavior_report/final/fhwahep16036.pdf. Accessed September 28, 2022.

10.1 p. 363 of 947
City of Gilroy–Electronic Billboard Ordinance Project
Final Initial Study/Mitigated Negative Declaration Responses to Written Comments FirstCarbon Solutions 2-18 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/1719/17190010/Final ISMND/17190010 Sec02-00 Responses to Written Comments.docx Furthermore, the proposed project would not increase roadway hazards due to a geometric design feature. The proposed billboard is sited adjacent to a section of US-101 that is straight and is located distant from freeway exits to ensure that driver attention would not be diverted in a way that would create a dangerous roadway hazard.

Given that the proposed billboard’s image transition time would be more conservative than applicable federal and State requirements, and that drivers would only glance at the proposed billboard for a very brief period of time, and that the proposed billboard is appropriately sited such that the nominal dwell time on the billboard would not contribute to a roadway hazard, impacts to driver safety and distraction would be less than significant.

For future billboards under the proposed Ordinance, electronic billboards would have a required minimum distance of 1.5 miles between billboard construction sites to reduce roadway hazards. A separate environmental review would be required to ensure future billboards would have less than significant impacts on driver distraction and safety.

Response to SC-SCVAS-17
The comment provides general statements about energy consumption and CEQA and states that a “study of energy use and other environmental impacts of electronic billboards” was provided as an attachment to the public comment letter. The study provided as an attachment, prepared by Gregory Young, provides an overview of digital signage and addresses topics such as energy consumption, sign brightness, recyclability, future technological innovation, and economic feasibility. The study concludes by making policy recommendations related to the City of Philadelphia, Pennsylvania, and its zoning regulations regarding digital signage.

The comment does not demonstrate any correlation between the findings or recommendations of the attached study and the purported significance of the proposed project’s energy or greenhouse gas (GHG) emissions-related impacts, which are determined to be less than significant by the Draft IS/MND. Moreover, the comment does not demonstrate how or why the proposed project would result in significant energy and GHG-related impacts under CEQA and the adopted thresholds of significance. As there is no evidence that the proposed project would result in significant energy and GHG-related impacts, neither an EIR nor mitigation measures are required.

Response to SC-SCVAS-18
This comment states that the Draft IS/MND discloses energy consumption but does not provide mitigation measures.

The proposed project’s energy and GHG-related impacts were determined to be less than significant by the Draft IS/MND. The comment does not demonstrate how or why the proposed project would result in significant energy and GHG-related impacts under CEQA and the adopted thresholds of significance. As there is no evidence that the proposed project would result in significant energy and GHG-related impacts, neither an EIR nor mitigation measures are required.

Response to SC-SCVAS-19
The commenter provides a comparison of the proposed project to City of San José requirements for billboards at the airport.

10.1 p. 364 of 947
City of Gilroy–Electronic Billboard Ordinance Project
Final Initial Study/Mitigated Negative Declaration Responses to Written Comments FirstCarbon Solutions 2-19 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/1719/17190010/Final ISMND/17190010 Sec02-00 Responses to Written Comments.docx The San José International Airport requires specific regulations regarding development surrounding the airport, in accordance with the Federal Aviation Administration (FAA), the San José Airport Land Use Plan, and the City of San José. Accordingly, control of unwanted light (trespass or spill light) toward nearby Airport ground operations, Airport air traffic control tower, and to pilots in approach is fundamental to the project design and the City of San José took these unique requirements into consideration when approving billboards at the Airport. The unique circumstances that are present in the billboard project cited by commenter due to the proximity of the airport are not present in the proposed prosed project. For example, for billboards in the City of San José, signs would have custom side-shielding of the LED modules to eliminate light spill towards nearby airport ground operations, as well as the airport tower. The proposed project is not located near an airport or an airport tower, would not be visible from airport ground operations is not subject to any Airport Land Use Plan, and is not located within the City of San José and is therefore subject to a different set of regulations than the San José Airport Billboards Project. Therefore, requirements designed specifically for billboards near airports in the City of San José, are not applicable to, or necessary for, the proposed project approximately 5 miles from the nearest airport, in the City of Gilroy. The proposed project would comply with all applicable regulations. CEQA recognizes that a lead agency may also decline to adopt a mitigation measure that it concludes will not be effective in mitigating an impact or that will not provide substantial additional mitigation beyond the measures that it does adopt. Citizens for Open Gov't v City of Lodi (2012) 205 CA4th 296, 323; A Local & Reg'l Monitor (ALARM) v City of Los Angeles (1993) 12 CA4th 1773. As discussed in the Draft IS/MND, all project impacts would be reduced to less than significant levels with the proposed mitigation measures.

Commenter has not submitted any evidence to demonstrate that the additional suggestions would provide substantial additional mitigation. Therefore, no additional mitigation measure is necessary.

The concerns raised in this comment do not raise any additional environmental issues that were not previously considered during the preparation of the Draft IS/MND. However, this comment will be provided to the City decision-makers for their review and consideration.

Response to SC-SCVAS-20
This comment incorrectly states that an EIR was prepared. The comment provides quotes from the Draft IS/MND pertaining to aesthetic impacts.

The analysis provided in the IS/MND analyzed aesthetic impacts related to light and glare, and applicable zoning and regulations. Biological impacts are discussed in Draft IS/MND Section 2.4, Biological Resources, and comments related to biological impacts are discussed above in Response to SC-SCVAS-8 through SC-SCVAS-15. No further analysis is required.

Response to SC-SCVAS-21
The comment asks the City not to approve the proposed project, or to prepare an EIR.

This comment will be provided to the City decision-makers for their review and consideration.

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P.O. BOX 85, MT. HAMILTON, CA 95140
Phone: 408-238-9619 Fax: 408-238-0757

UNIVERSITY OF CALIFORNIA, SANTA CRUZ
UNIVERSITY OF CALIFORNIA OBSERVATORIES/LICK OBSERVATORY MT HAMILTON, CALIFORNIA 95140 DATE: 5 September 2022
Dear Cindy McCormick,

PROPOSED ELECTRONIC BILLBOARD(S)
The University of California Observatories’ Lick Observatory (UCO/Lick) - the world's first high altitude astronomical observatory - hosts 10 telescopes, plus multiple cutting-edge research instruments atop Mount Hamilton, 25 miles north of Gilroy. Named in classic literature and from Apollo 11’s Tranquility Base, the observatory routinely opens new vistas on the universe, discovers new worlds, develops new technology, educates science and “tech-savvy” students and inspires all comers.

Lick Observatory leads the world, setting standards on astronomical matters. Annually, the observatory serves hundreds of faculty (including Nobel laureates) and students of the University of California, in addition to 35,000 visitors. This cannot be achieved without a fruitful relationship between the observatory and neighboring settlements.

As outlined in written (26 April 2021) and spoken (15 August 2022) contributions to Gilroy City Council, I reiterate that the proposed Electronic Billboard Ordinance and Sign Permit proposal (described in the 4 August 2022 Initial Study) shall render a disproportionate and deleterious impact on astronomical pursuits, fauna, flora and public health. From an astronomical perspective, it would be ideal to have no illuminating sources at all. However, UCO/Lick has no wish to crusade in pursuit of this ideal. A higher aspiration is to sustain the rapport and understanding between neighboring communities and observatory that has endured since the 1870s. Responsibly installed billboards may confer benefits to the community. Distressingly, however, the Initial Study is unbalanced in its failure to consider negative effects of electronic billboards on astronomy. For example, the International Dark-Sky Association’s (2019) Guidance for Electonic Message Centers (repeatedly advocated for in previous contributions) continues to be neglected. As a result of such omissions, the Initial Study cannot be considered to be representative of best practice. Experience regarding proposed electronic billboards elsewhere in Santa Clara County shows that the needs of Lick Observatory align with public opinion: a (2021) survey conducted by the City of San Jose Planning Department revealed 93% opposition. Expert advisors (e.g. Norman Y. Mineta San Jose international Airport Commission) repeatedly recommended against billboards. The City of San Jose is now subject to litigation from competing outdoor advertising interests. Quite apart from astronomers’ niche concerns, the most commonly cited objection to billboards (electronic and conventional) is visual blight. Billboards are notorious for intrusive, poorly-maintained, malfunctioning, decrepit and unsightly structures – often imposed on under-served neighborhoods. The outdoor advertising industry is noted (even celebrated) for wasteful practices. Outdoor advertising typically constitutes a minor fraction of overall advertising budgets. As on-line media continues to grow, revenues derived from outdoor advertising are projected to decline.

Regardless of whether one favors or opposes electronic billboards, it must be acknowledged that the Initial Study has failed to allay concerns. Thus, a full-and-proper Environmental Impact Report should ultimately be undertaken. However, in order to avoid embarking on such a costly endeavor unnecessarily, the City of Gilroy is first urged to proactively canvass the community in an effort to gain insight into the public attitude and reception to electronic billboards.

Yours sincerely,
Dr Paul D. Lynam FRAS
Astronomer
University of California Observatories/Lick Observatory BERKELEY • DAVIS • IRVINE • LOS ANGELES • RIVERSIDE • SAN DIEGO • SAN FRANCISCO SANTA BARBARA • SANTA CRUZ 1 2
3 4
5 6

UCO-LICK

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City of Gilroy–Electronic Billboard Ordinance Project
Final Initial Study/Mitigated Negative Declaration Responses to Written Comments FirstCarbon Solutions 2-22 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/1719/17190010/Final ISMND/17190010 Sec02-00 Responses to Written Comments.docx University of California Lick Observatory (UCO-LICK)
Response to UCO-LICK-1
This comment provides background information about the Lick Observatory. This comment is noted.

Response to UCO-LICK-2
Astronomical pursuits are beyond the purview of CEQA; however, the proposed billboard is located

24.46 miles from the Lick Observatory. At this distance, the proposed project would not interfere with operations at the Lick Observatory. The Lick Observatory is approximately 20 miles north of the northern boundary of the City of Gilroy. Therefore, subsequent billboards permitted under the proposed Ordinance also would not interfere with the operations at the Lick Observatory.

Furthermore, the City of Gilroy’s Sign Ordinance does not currently address electronic billboards.

The proposed project would establish height limits and density limits for electronic billboards, which would ensure that billboards are responsibly designed and installed. Furthermore, the proposed Ordinance would be in accordance with the Outdoor Advertising Act and Regulations, California Business and Professions Code Section 5200 et seq., and other State and federal statutes. Therefore, no further analysis is warranted.

Impacts regarding flora and fauna were analyzed in Draft IS/MND Section 2.4, Biological Resources.

The Draft IS/MND determined that impacts on flora and fauna would be less than significant with mitigation incorporated. This comment does not identify any new environmental issues related to Biological Resources. Therefore, no further analysis is warranted.

Impacts regarding public health were analyzed in Draft IS/MND Section 2.3, Air Quality, and Section

2.8, Greenhouse Gas Emissions. The Draft IS/MND determined that impacts related to Air Quality would be less than significant with mitigation incorporated, and impacts related to GHGs would be less than significant. This comment does not identify any new environmental issues related to Air Quality or GHGs. Therefore, no further analysis is warranted.

Response to UCO-LICK-3
The International Dark-Sky Association (IDA) Guidance for Electronic Messaging Centers (EMCs) provides recommendations for nighttime maximum luminance and Best Management Practices (BMPs). Implementation of these recommendations and BMPs is not required by CEQA and would be considered a voluntary measure. According to the Draft IS/MND, the maximum ambient light output level allowed by the proposed Ordinance would be 0.3 foot-candle at 250 feet from the billboards, as recommended by the Outdoor Advertising Association of America (OAAA), and brightness would be adjustable based on ambient light conditions. Furthermore, the proposed project would be consistent with the Caltrans Outdoor Advertising Act and Regulations 2011 Edition (Outdoor Advertising Act), which states that displays may not interfere with traffic signs, signals, or devices, and may not impair the vision of any driver or motor vehicle operation. Additionally, the proposed project would comply with the Business and Professions Code Section 5403(g), which defines brightness standards. Implementation of the IDA guidance is not required; therefore, no further analysis is warranted under CEQA.

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City of Gilroy–Electronic Billboard Ordinance Project
Final Initial Study/Mitigated Negative Declaration Responses to Written Comments FirstCarbon Solutions 2-23 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/1719/17190010/Final ISMND/17190010 Sec02-00 Responses to Written Comments.docx Response to UCO-LICK-4
Public opinion surveys are beyond the purview of CEQA. This comment does not raise any environmental issues related to the proposed project and is therefore outside the purview of CEQA.

Therefore, no further action is required.

Response to UCO-LICK-5
The visual impact of the proposed Ordinance and proposed billboard were analyzed in Draft IS/MND Section 2.1, Aesthetics. As discussed in Section 2.1, the proposed project would have a less than significant impact with regard to the visual character or quality of public views of the site and its surroundings, and would not conflict with applicable zoning and regulations regarding scenic quality.

As discussed in Section 2.1, under the proposed Ordinance, electronic billboards would not be allowed in non-urbanized areas and would be restricted to the Urban Growth Boundary. More specifically, as described in the Draft IS/MND Project Description, permitted locations for electronic billboards would only be property designated as General Services Commercial or City Gateway District and located within 660 feet of US-101 and SR-152. The proposed Ordinance would also establish design standards for billboards, which would prevent visual blight. Furthermore, impacts regarding the wasteful use of energy were determined to be less than significant, as discussed in Draft IS/MND Section 2.6, Energy. Therefore, the proposed project would not contribute to wasteful energy practices. This comment does not identify any additional issues that were not analyzed in the Draft IS/MND. Therefore, no further analysis is warranted.

Response to UCO-LICK-6
The preceding comments do not provide substantial evidence that there were additional environmental issues that were not analyzed in the Draft IS/MND. As discussed above, impacts to Aesthetics, Air Quality, Biological Resources, Energy, and GHGs would either be less than significant or less than significant with mitigation incorporated. Canvassing is beyond the purview of CEQA; however, this comment will be provided to the City decision-makers for their review. No additional analysis is required.

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From: John Bauters <[email protected]>
Sent: Wednesday, August 24, 2022 3:03 PM
To: Planning Division (Public) <[email protected]> Subject: EXTERNAL - Attn: Cindy McCormick / RE: Proposed Electronic Billboard Dear City of Gilroy Planning Commissioners, Councilmembers, and Staff:

Thank you for considering this public comment with respect to the proposed Mitigated Negative Declaration for an electronic billboard along Hwy 101 in Gilroy.

My comments are specific to two sets of findings/conclusions that I do not believe are adequately researched or discussed in the document, and leave significant environmental impacts unmitigated. (1) The discussion of Biological Resources correctly identifies impacts on birds and other wildlife as an issue to review, but includes an inappropriately abridged scope of review that jeopardizes endangered birds, including migratory species, that live in this area and migrate through this area.

The discussion in Section 2.4 and then again in 2.20 is overly-focused on the construction site -- a small parcel along Hwy 101. The lack of nests by migratory or endangered birds is cited as a reason for lower concern and the proposed mitigation is how to handle construction in the event a nest is discovered.

While this is good, it is insufficient. Birds are dramatically impacted by large, elevated LED signs. There are extensive reports and studies on how LED signs confuse migratory birds, disorienting them at night; how they impair their reproductive functions; and how night predators lose the ability to hunt effectively as these billboards make their ability to find food difficult. Bright spaces like this can have impacts for a multiple mile radius from a high-rise sign, which can eliminate spaces where both migratory and non-migratory birds can nest. The white-tailed kite, cited in Section 2.4, may not have a known sighting within a couple miles of the project site, but the addition of such a sign in one of the only zones in the United States where the species is known to exist further harms it's population and puts the species at risk. There is no discussion of any of the significant research being conducted into how LED signs impact migration patterns, reproductive patterns, hunting/food sourcing, or nesting. The date points provided in the report fail to address these issues adequately and the scope of review is limited almost exclusively to the parcel itself, which does not adequately address the reality of a larger geographic impact this kind of light has on birds.
(2) Section 2.20 of the report states that there are some impacts on humans but that all of those can or will be mitigated, as discussed throughout the document. There is no discussion about how these types of bright lights impact circadian rhythym (sleep), especially in children. Bright lights can and do impact and are harmful to the development of children. Sleep is one of the most important components of healthy child development, which is necessary for proper brain development, educational attainment, and is also linked to attention/focus, and mood. Bright LED lights on billboards create light pollution much greater than the ambient levels of street lights and other night-time lights which are often much closer to the ground. The UV levels in these lights will create lighter sleep levels, disrupt sleep, and negatively impact human health and growth. There are significant residential communities proximate to the proposed billboard site which will experience the impacts of the proposed billboard sign. The report does not demonstrate adequate study or review of how the location of this sign and the reach of the CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email.

BAUTERS
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projected LED lights will change the light pollution baselines in residential areas near the sign, and what that could mean for human health - especially developing children. https://ncceh.ca/documents/fieldinquiry/health-effects-large-led-screens-local-residents Finally, a sign like this is not necessary. The City of Gilroy has had a good ordinance that prohibits these types of signs for a long time - and for a good reason. Drivers do not need additional distractions on the roadways. At night, bright lights will only further impair driver abilities on the road, putting all road users at greater risk as a result.

These bright signs are little more than a proverbial "tramp stamp" in the sky - letting people from miles away know that the city is so cheap that it has to resort to bright light commercial ads as it's community identify. Gilroy can and should be a place people are proud to be from - one that doesn't need additional light pollution that will harm children's development or impair our local environmental wildlife resources. I hope that planning commission will give careful consideration to both the adequacy of this report as well as the necessity of this sign. Bright signs originated years ago to tell motorists where there was safe lodging at night, where there was food or fuel to continue their journey, or where a local medical center was if help was needed. Today, we allow any commercial advertisement to be put up along a roadway. Making them electronic undermines the original purpose behind electronic roadway signs, diminishes the character of our community, and harms our greatest assets: our environment and our children.

Please vote against accepting this proposed Mitigated Negative Declaration.

Thanks for your time and consideration.

Sincerely,
John Bauters
--
The strength of a nation is measured by the least of its people.

BAUTERS
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4 CONT
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City of Gilroy–Electronic Billboard Ordinance Project
Final Initial Study/Mitigated Negative Declaration Responses to Written Comments FirstCarbon Solutions 2-27 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/1719/17190010/Final ISMND/17190010 Sec02-00 Responses to Written Comments.docx Individuals
John Bauters (BAUTERS)
Response to BAUTERS-1
This comment consists of introductory information and summarizes the commenter’s concerns about potential impacts resulting from the proposed project. The concerns pertaining to environmental impacts are addressed in the following responses.

Response to BAUTERS-2
The commenter claims that the Draft IS/MND did not adequately analyze impacts on birds and other wildlife.

Draft IS/MND Section 2.4, Biological Resources, provides an analysis of all special-status species with documented occurrences within the Chittenden, California USGS 7.5-minute Topographic Quadrangle Map and eight surrounding quadrangles. This methodology is derived from the California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB), which is an industry standard for analyzing potential impacts to biological resources. 5 Furthermore,
the first paragraph on page 41 of the Draft IS/MND provides an analysis of the proposed electronic billboard on migratory birds, and Responses to SC-SCVAS-10 and SC-SCVAS-11 offers additional responses regarding migratory birds.

Response to BAUTERS-3
This comment is related to the proposed billboard’s impacts on migratory birds. The first paragraph on page 41 of the Draft IS/MND provides an analysis of the proposed electronic billboard on migratory birds. The proposed electronic billboard would not have a significant impact on migratory birds because it would not create a substantial change in illumination levels; would be consistent with illumination intensity standards outlined in the Caltrans Outdoor Advertising Act; and moreover, the lighting intensity is designed to be more conservative for billboards of similar size when compared with State standards.

Additionally, the project site is located in a highly urbanized area and is surrounded by development that results in a baseline of light sources. Adjacent light sources include signs and lights from the adjacent auto dealership, highway lighting and infrastructure, additional billboards adjacent to US101 in the greater vicinity of the project site, and continuous highway traffic. Moreover, Responses to SC-SCVAS-10 and SC-SCVAS-11 provide additional details regarding migratory birds. Future billboards to be constructed under the proposed Ordinance would be subject to environmental review prior to approval.

Response to BAUTERS-4
The commenter states that lights from electronic billboards would have significant impacts on humans and their circadian rhythms.

The proposed Ordinance would not permit electronic billboards in residential areas. More specifically, as described in the Draft IS/MND Project Description, permitted locations for electronic 5 California Natural Diversity Database(CNDDB) Data Use Guidelines. Website:
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=27285&inline. Accessed August 19, 2021.

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City of Gilroy–Electronic Billboard Ordinance Project
Final Initial Study/Mitigated Negative Declaration Responses to Written Comments FirstCarbon Solutions 2-28 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/1719/17190010/Final ISMND/17190010 Sec02-00 Responses to Written Comments.docx billboards would only be property designated as General Services Commercial or City Gateway District and located within 660 feet of US-101 and SR-152.

As discussed in page 87 of the Draft IS/MND, the nearest residences are located approximately 1,795 feet west of the project boundary. Because of distance and intervening topography, the proposed electronic billboard would not be visible from these locations. Future billboards to be constructed under the proposed Ordinance would be subject to environmental review prior to approval.

Therefore, the proposed Ordinance’s impacts related to electronic billboard lights on humans’ circadian rhythm would be less than significant.

Response to BAUTERS-5
The commenter opposes the proposed project. No additional analysis is required. However, this comment will be provided to the City decision-makers for their review.

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City of Gilroy–Electronic Billboard Ordinance Project
Final Initial Study/Mitigated Negative Declaration Errata FirstCarbon Solutions 3-1
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/1719/17190010/Final ISMND/17190010 Sec03-00 Errata.docx SECTION 3: ERRATA
The following are revisions to the Draft IS/MND for the Electronic Billboard Ordinance Project.

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. The revisions are listed by page number. All additions to the text are underlined (underlined) and all deletions from the text are stricken (stricken).

3.1 - Changes in Response to Specific Comments
Section 2.4, Biological Resources

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. The proposed electronic billboard would not create a substantial change in illumination levels as described above in Section 2.1 above. Baseline light sources in the project area include local street lighting, parking lot lighting, other illuminated billboards at nearby auto dealerships, headlights from automobile traffic, and highway lighting structures. The proposed electronic billboard would be consistent with the illumination intensity standards in the Caltrans Outdoor Advertising Act. The proposed electronic billboard would be limited to a maximum ambient light output level of 0.3 foot-candle at 250 feet from the billboard, which is a more conservative lighting intensity standard for electronic billboards of this proposed size when compared to State standards. Additionally, the proposed electronic billboard would not be allowed to change the sign face displace more than every 8 seconds, and messages would be static (i.e., not moving, or animated) resulting in changing color patters rather than a fixed unchanging light which may be more attractive to birds. In addition, the proposed billboard sign face sign messaging timing would result in changing color patterns rather than a fixed unchanging light. As such, birds flying near the proposed billboard would not perceive the light as a fixed, unchanging light which has shown to be the most attractive to birds.1,2,3

MM BIO-7
Prior to issuance of grading permits, tThe project applicant shall submit a Santa Clara Valley Habitat Plan (SCVHP) Coverage Screening Form to the Planning Department for review and shall complete subsequent forms, reports, and/or studies as needed.
1 Jones, J., and C. M. Francis. 2003. The effects of light characteristics on avian mortality at lighthouses. Journal of Avian Biology. 2 Gauthreaux, S.A., and C.G. Belser. 2006. Effects of artificial night lighting on migrating birds. Rich, C., and T. Longcore, Editors.

Ecological Consequences of Artificial Night Lighting. Covelo, CA: Island Press. 3 Gehring, J., P. Kerlinger, and A. Manville II. 2009. Communication towers, lights, and birds: Successful methods of reducing the frequency of avian collisions. Ecological Applications.

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City of Gilroy–Electronic Billboard Ordinance Project
Final Initial Study/Mitigated Negative Declaration Errata FirstCarbon Solutions 3-2
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/1719/17190010/Final ISMND/17190010 Sec03-00 Errata.docx Section 2.17, Transportation

c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Proposed Electronic Billboard
The proposed project would not require the alteration or construction of roadways, and no impact related to sharp curves or dangerous intersections would occur. The proposed electronic billboard would be required to adhere to Caltrans Outdoor Advertising Act requirements and OAAA recommendations that govern illumination so as not to interfere with drivers’ visibility. Furthermore, in accordance with the Ordinance, electronic billboards would have a required minimum distance of

1.5 miles between billboard construction sites.

In addition, the Commercial Electronic Variable Message Signs and Driver Visual Behavior Study was prepared and issued by the United States Department of Transportation (USDOT) Federal Highway Administration (FHWA) in September 2012,4 to investigate the effects of electronic billboards on driver visual behavior in roadway driving environments, in which driver participants’ eye movements were tracked while driving on roads containing standard billboards and electronic billboards. The study found that the percentage of time that drivers dedicated to the road ahead was not significantly affected by the presence of electronic billboards. Long glances at off-premises advertising were not evident. The amount of time drivers spent glancing at the electronic billboard was typically under 1 second and the longest glance at an electronic billboard was less than 1.3 seconds.

Furthermore, the proposed project would not increase roadway hazards due to a geometric design feature. The proposed billboard is sited adjacent to a section of US-101 that is straight and is located distant from freeway exits to ensure that driver attention would not be diverted in a way that would create a dangerous roadway hazard.

These requirements are designed to reduce hazards from electronic billboards to the drivers on the surrounding roadways at the project site. Thus, the impacts would be less than significant. 4 United States Department of Transportation (USDOT). Federal Highway Administration (FHWA). 2012. Driver Visual Behavior in the Presence of Commercial Electronic Variable Message Signs. September. Website:
https://www.fhwa.dot.gov/real_estate/oac/visual_behavior_report/final/fhwahep16036.pdf. Accessed September 28, 2022.

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NORTH AMERICA | EUROPE | AFRICA | AUSTRALIA | ASIA
WWW.FIRSTCARBONSOLUTIONS.COM
Electronic Billboard Ordinance Project
Initial Study/Mitigated Negative Declaration
City of Gilroy, Santa Clara County, California
Prepared for:

City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
408.846.0253
Contact: Cindy McCormick, Senior Planner
Prepared by:

FirstCarbon Solutions
1350 Treat Boulevard, Suite 380
Walnut Creek, CA 94597
925.357.2562
Contact: Glenn Lajoie, AICP, Project Director
Tsui Li, Project Manager
Report Date: August 4, 2022

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Electronic Billboard Ordinance Project
Initial Study/Mitigated Negative Declaration Table of Contents FirstCarbon Solutions iii
\\ORG-SRVR\Depts$\COMDEV\PLANNING\Applications\Zoning Amendment\2018\Z 18-04 Electronic Billboards\CEQA\Draft IS-MND\ISMND_06272022 (modified exhibits).docx Table of Contents
Acronyms and Abbreviations ........................................................................................................ v Section 1: Introduction ................................................................................................................. 1

1.1 - Purpose.............................................................................................................................. 1

1.2 - Overview ........................................................................................................................... 1

1.3 - Project Description ............................................................................................................ 1

1.3.1 - Background............................................................................................................. 1

1.3.2 - Proposed Electronic Billboard Ordinance and Sign Ordinance Amendment ......... 2

1.3.3 - Proposed Electronic Billboard ................................................................................ 2

1.3.4 - Relevant Lighting Regulations and Standards ........................................................ 3

1.4 - Required Discretionary and Ministerial Approvals ............................................................ 4

1.5 - Intended Uses of this Document ....................................................................................... 4 Section 2: Environmental Checklist and Environmental Evaluation ............................................... 17

2.1 Aesthetics ................................................................................................................... 18

2.2 Agriculture and Forestry Resources ........................................................................... 23

2.3 Air Quality ................................................................................................................... 27

2.4 Biological Resources ................................................................................................... 38

2.5 Cultural Resources and Tribal Cultural Resources ...................................................... 46

2.6 Energy ......................................................................................................................... 53

2.7 Geology and Soils ....................................................................................................... 57

2.8 Greenhouse Gas Emissions ........................................................................................ 63

2.9 Hazards and Hazardous Materials .............................................................................. 68

2.10 Hydrology and Water Quality ..................................................................................... 74

2.11 Land Use and Planning ............................................................................................... 80

2.12 Mineral Resources ...................................................................................................... 82

2.13 Noise ........................................................................................................................... 84

2.14 Population and Housing ............................................................................................. 90

2.15 Public Services ............................................................................................................ 92

2.16 Recreation .................................................................................................................. 95

2.17 Transportation ............................................................................................................ 97

2.18 Utilities and Service Systems .................................................................................... 100

2.19 Wildfire ..................................................................................................................... 104

2.20 Mandatory Findings of Significance ......................................................................... 108 Section 3: List of Preparers ....................................................................................................... 111 Appendix A: Proposed Electronic Billboard Ordinance
Appendix B: Air Quality, Greenhouse Gas Emissions, and Energy Analysis Supporting Information Appendix C: Biological Resources Analysis Supporting Information Appendix D: Cultural Resources Analysis Supporting Information Appendix E: Paleontological Resources Analysis Supporting Information

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Electronic Billboard Ordinance Project
Table of Contents Initial Study/Mitigated Negative Declaration iv FirstCarbon Solutions
\\ORG-SRVR\Depts$\COMDEV\PLANNING\Applications\Zoning Amendment\2018\Z 18-04 Electronic Billboards\CEQA\Draft IS-MND\ISMND_06272022 (modified exhibits).docx List of Tables
Table 1: Combined Construction Schedule ........................................................................................... 31 Table 2: Construction Equipment Assumptions .................................................................................... 32 Table 3: Combined Construction Off-site Vehicle Trips ......................................................................... 32 Table 4: Annual Construction Emissions ............................................................................................... 32 Table 5: Average Daily Construction Emissions ..................................................................................... 33 Table 6: Construction GHG Emissions ................................................................................................... 65 List of Exhibits
Exhibit 1: Regional Location Map ............................................................................................................ 5 Exhibit 2: General Plan Land Use Map .................................................................................................... 7 Exhibit 2a: Focused General Plan Land Use Map .................................................................................... 9 Exhibit 3: Proposed Billboard Location ................................................................................................. 11 Exhibit 3a: Proposed Billboard Location ............................................................................................... 13 Exhibit 4: Proposed Billboard Height and Dimensions .......................................................................... 15

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Electronic Billboard Ordinance Project
Initial Study/Mitigated Negative Declaration Acronyms and Abbreviations FirstCarbon Solutions v
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ACRONYMS AND ABBREVIATIONS
AB Assembly Bill
AQP Air Quality Plan
ARB California Air Resources Board
ATCM Airborne Toxics Control Measure
BAAQMD Bay Area Air Quality Management District
BERD Built Environmental Research Directory
BMP Best Management Practice
CalEEMod California Emissions Estimator Model
CAL FIRE California Department of Forestry and Fire Protection Caltrans California Department of Transportation
CBC California Building Standards Code
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
CNDDB California Natural Diversity Database
CNEL Community Noise Equivalent Level
CNPS California Native Plant Society
CNPSEI California Native Plant Society Electronic Inventory CO Carbon Monoxide
CRHR California Register of Historical Resources
dB decibel
dBA A-weighted decibel scale
DPM diesel particulate matter
DTSC Department of Toxic Substances Control
FCS FirstCarbon Solutions
FEMA Federal Emergency Management Agency
FHWA Federal Highway Administration
FIRM Flood Insurance Rate Map
FMMP Farmland Mapping and Monitoring Program
FTA Federal Transit Administration
GFD Gilroy Fire Department
GHG greenhouse gas
IEA International Energy Agency
IPaC Information for Planning and Consultation
IS/MND Initial Study/Mitigated Negative Declaration
kWh kilowatt-hours

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Electronic Billboard Ordinance Project
Acronyms and Abbreviations Initial Study/Mitigated Negative Declaration vi FirstCarbon Solutions
\\ORG-SRVR\Depts$\COMDEV\PLANNING\Applications\Zoning Amendment\2018\Z 18-04 Electronic Billboards\CEQA\Draft IS-MND\ISMND_06272022 (modified exhibits).docx Ldn day/night sound level
Leq equivalent continuous sound level
Lmax maximum instantaneous noise level
LED light-emitting diode
LRA Local Responsibility Area
MBTA Migratory Bird Treaty Act
MM Mitigation Measure
MT CO2e metric tons carbon dioxide equivalent
NAAQS National Ambient Air Quality Standards
NAHC California Native American Heritage Commission
NOX nitrogen oxide
NRHP National Register of Historic Places
NWIC Northwest Information Center
OAAA Outdoor Advertising Association of America
OHP California Office of Historic Preservation
PG&E Pacific Gas and Electric Company
PM2.5 particulate matter, including dust, 2.5 micrometers or less in diameter PM10 particulate matter, including dust, 10 micrometers or less in diameter PPV peak particle velocity
ROG reactive organic gases
RPS renewable portfolio standard
SB Senate Bill
SCRWA South County Regional Wastewater Authority
SCVHP Santa Clara Valley Habitat Plan
SR State Route
TAC toxic air contaminants
TCR Tribal Cultural Resource
US-101 U.S. Highway 101
USDOT United States Department of Transportation
USFWS United States Fish and Wildlife Service
USGS United States Geological Survey
UST underground storage tank
VHFHSZ Very High Fire Hazard Severity Zone
VMT Vehicle Miles Traveled

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Electronic Billboard Ordinance Project
Initial Study/Mitigated Negative Declaration Introduction FirstCarbon Solutions 1
\\ORG-SRVR\Depts$\COMDEV\PLANNING\Applications\Zoning Amendment\2018\Z 18-04 Electronic Billboards\CEQA\Draft IS-MND\ISMND_06272022 (modified exhibits).docx SECTION 1: INTRODUCTION

1.1 - Purpose
The purpose of this Draft Initial Study/Mitigated Negative Declaration (Draft IS/MND) is to identify any potential environmental impacts that would result from implementation of the Electronic Billboard Ordinance Project (proposed project) in the City of Gilroy, California. 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 this Draft IS/MND and any additional environmental documentation required for the proposed project. The intended use of this 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.

The remainder of this section provides a brief description of the project location and the primary project characteristics. Section 2 includes an environmental checklist that provides an overview of the potential impacts that may result from project implementation, elaborates on the information contained in the environmental checklist, and provides justification for each checklist response.

Section 3 contains the List of Preparers.

1.2 - Overview
Outfront Media (applicant) proposes to amend Section 30.37.30 (Prohibited Signs), Section 30.37.50 (Commercial and Industrial Districts), and Section 30.37.51 (Freeway Oriented Signs) of the Gilroy Municipal Code to allow up to two electronic billboards within specific areas of the City of Gilroy (City). The project would also create a new Zoning Code Ordinance (Article LV) related to electronic billboards which would permit up to two electronic billboards on property with a General Plan designation of General Services Commercial or City Gateway District, located within 660 feet of U.S.

Highway 101 (US-101) or State Route (SR) 152.

In addition to the proposed Ordinance, the project includes an application for an electronic billboard within the Gilroy city limits. Exhibit 1 illustrates the proposed location for the electronic billboard, and Exhibit 2 depicts the General Plan land use map.

1.3 - Project Description

1.3.1 - Background
The City received an application for the construction of an electronic billboard on Automall Parkway and a code amendment request to allow for such billboard. At present, Article 37, the Gilroy Sign Ordinance (Sign Ordinance) does not allow off-site advertising signs (other than real estate signs) and has general restrictions for freeway-oriented signs and automobile dealership signs (e.g., height and size limits). The Sign Ordinance also prohibits electronic signs that utilize scrolling or moving text or images (e.g., changeable message signs). The Sign Ordinance does not currently address electronic billboards.

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Electronic Billboard Ordinance Project
Introduction Initial Study/Mitigated Negative Declaration 2 FirstCarbon Solutions
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1.3.2 - Proposed Electronic Billboard Ordinance and Sign Ordinance Amendment The project includes a new Electronic Billboard Ordinance (Article LV) and amendments to the City’s existing Sign Ordinance Sections 30.37.30 (Prohibited Signs), 30.37.50 (Commercial and Industrial Districts), and 30.37.51 (Freeway Oriented Signs). At this time, only one electronic billboard application has been submitted, which would be processed under the new Ordinance as described in Section 1.3.3, below. Subsequent applications for an electronic billboard would require separate environmental review.

Under the draft Electronic Billboard Ordinance (proposed Ordinance), up to two electronic billboards would be allowed in the City. Permitted locations for electronic billboards would be property designated as General Services Commercial or City Gateway District and located within 660 feet of US-101 and SR-152. An Outdoor Advertising Permit would be required from the California Department of Transportation (Caltrans). As discussed below, the Sign Ordinance amendments would formalize height limits for such billboards and would also dictate the minimum distance between electronic billboards.

Per the proposed Ordinance, the electronic billboards shall not exceed a maximum height of 75 feet above freeway grade and shall have a maximum electronic billboard area of 672 square feet per side.

The sign face display would not be allowed to change more often than every 8 seconds, and messages would be static (i.e., not moving or animated). The minimum permitted distance between the billboards shall be 1.5 miles.

In addition to the other requirements set forth in the proposed Ordinance, electronic billboard signs would comply with the requirements of the Outdoor Advertising Act and Regulations, California Business and Professions Code Section 5200 et seq., and other State and federal statutes. Federal and State law would prevail in the case of any conflict between those laws and the ordinance.

The complete proposed text of the proposed Ordinance (Article LV) and the Sign Ordinance amendments is included in Appendix A.

1.3.3 - Proposed Electronic Billboard
As part of the implementation of the proposed Ordinance, the applicant proposes to construct one double-sided electronic billboard in the northwestern corner of an irregularly shaped parcel located at the 6400 block of Automall Parkway.1 The 6-acre project parcel abuts US-101 to the east, the Princeville Channel and Auto Mall to the north, Automall Parkway and industrial uses to the west, and industrial uses to the south (Exhibit 3). The project parcel has a General Plan land use designation of General Services Commercial and is currently used for truck trailer parking across the majority of the site, with auto repair businesses in the southern portion of the site and a gas station in the northeastern corner of the site.

The proposed electronic billboard structure would be 75 feet in height (Exhibit 4). The electronic billboard would be V-shaped, with north- and south-facing light-emitting diode (LED) displays that 1 There are multiple addresses associated with the subject property (Assessor’s Parcel Number [APN]: 841-15-069).

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Electronic Billboard Ordinance Project
Initial Study/Mitigated Negative Declaration Introduction FirstCarbon Solutions 3
\\ORG-SRVR\Depts$\COMDEV\PLANNING\Applications\Zoning Amendment\2018\Z 18-04 Electronic Billboards\CEQA\Draft IS-MND\ISMND_06272022 (modified exhibits).docx would be visible to vehicles traveling on US-101. The displays on the billboard would be mounted on a supporting column that would be approximately 65 feet tall. The billboard frames would be 14 feet high and 48 feet wide (672 square feet in area). Galvanized steel platforms would be installed at the back of each face to provide access to the displays for maintenance purposes. An illuminated “Welcome to Gilroy” sign would be installed at the top of the column above the billboard.

1.3.4 - Relevant Lighting Regulations and Standards
The Caltrans Outdoor Advertising Act and Regulations 2011 Edition (Outdoor Advertising Act) addresses illumination generated by advertising displays by stating that displays may not “interfere with the effectiveness of, or obscure any official traffic sign, device, or signal . . . nor shall any advertising display cause beams or rays of light to be directed at the traveled ways if the light is of an intensity or brilliance as to cause glare or to impair the vision of any driver, or to interfere with any driver’s operation of a motor vehicle.” Caltrans regulations prohibit images on signs from changing more than once every four seconds.2
With respect to the brightness of signs, Business and Professions Code Section 5403(g) defines the brightness standard for changeable electronic variable message billboards in relation to Vehicle Code Section 21466.5, which provides:

No person shall place or maintain or display, upon or in view of any highway, any light of any color of such brilliance as to impair the vision of drivers upon the highway. A light source shall be considered vision impairing when its brilliance exceeds the values listed below.

The brightness reading of an objectionable light source shall be measured with a 1½- degree photoelectric brightness meter placed at the driver’s point of view. The maximum measured brightness of the light source within 10 degrees from the driver’s normal line of sight shall not be more than 1,000 times the minimum measured brightness in the driver’s field of view, except that when the minimum measured brightness in the field of view is 10 foot-lamberts or less, the measured brightness of the light source in foot-lambert shall not exceed 500 plus 100 times the angle, in degrees, between the driver’s line of sight and the light source.

The Outdoor Advertising Association of America (OAAA), however, recommends more conservative lighting intensity standards for billboards of the proposed size. The proposed Ordinance will require that electronic billboards be restricted to a maximum ambient light output level of 0.3 foot-candle, at a distance of 250 feet from the billboards, as recommended by the OAAA. The proposed Ordinance will also require that light levels emitted from the billboards would be set to adjust based upon ambient light conditions at any given time (i.e., nighttime versus daytime). 2 California Department of Transportation (Caltrans). 2011. Outdoor Advertising Act and Regulations 2011 Edition. California Business Professional Code Sections 5200—5486.

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1.4 - Required Discretionary and Ministerial Approvals
As mentioned previously, the City of Gilroy has discretionary authority over the proposed project and is the CEQA Lead Agency for the preparation of this Draft IS/MND. In order to implement the project, the applicant would need to secure the following permits/approvals:
 Adoption of the IS/MND
 Adoption of new Electronic Billboard Ordinance and Zoning Amendment  Encroachment Permit (if public right-of-way is used)
 Outdoor Advertising Permit approval by Caltrans
 City Agreement (e.g., development agreement, operating agreement, lease agreement, contract, license, or other accord in form acceptable to the City of Gilroy City Attorney)  Electronic Billboard Permit for the proposed electronic billboard  Ministerial approvals, including building permits
Subsequent activities would be examined in light of the adopted Draft IS/MND to determine whether additional CEQA documentation would be required pursuant to Section 15162 of the CEQA Guidelines for subsequent approvals by the City and Caltrans, including the permits/approvals listed above.

1.5 - Intended Uses of this Document
This Draft IS/MND has been prepared to determine the appropriate scope and level of detail required in completing the environmental analysis for the proposed project. This document will also serve as a basis for soliciting comments and input from members of the public and public agencies regarding the proposed project. The Draft IS/MND will be circulated for a minimum of 30 days, during which comments concerning the analysis contained in the Draft IS/MND should be sent to:

Cindy McCormick, Senior Planner
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Phone: 408.846.0253
Email: [email protected]

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\\ORG-SRVR\Depts$\COMDEV\PLANNING\Applications\Zoning Amendment\2018\Z 18-04 Electronic Billboards\CEQA\Draft IS-MND\ISMND_06272022 (modified exhibits).docx SECTION 2: ENVIRONMENTAL CHECKLIST AND ENVIRONMENTAL

EVALUATION
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages.

Aesthetics Agriculture and Forestry
Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology/Soils Greenhouse Gas Emissions Hazards/Hazardous Materials
Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities/Services Systems Wildfire Mandatory Findings of Significance
Environmental Determination
On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find 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. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measure based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Date: 08-05-2022 Signed:

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Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

2.1 Aesthetics
Except as provided in Public Resources Code Section 21099, would the project:
a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic building within a State Scenic Highway?
c) In non-urbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings? (Public views are
those that are experienced from publicly accessible
vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and
other regulations governing scenic quality?
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views
in the area?
Environmental Evaluation
Setting
The City of Gilroy is located in a valley bordered by the Diablo Mountains to the east and the Santa Cruz Mountains to the west. Visual character and scenic resources in the City are linked to the region’s natural topography. Scenic resources in the City of Gilroy include Uvas Creek, Llagas Creek, vegetated portions of the Santa Cruz Mountains, and natural features along Miller Avenue and Hecker Pass Highway.3 Other scenic resources within the Sphere of Influence include farmland, hillsides, areas viewed from Hecker Pass Highway, Uvas Park Drive, and the City’s principal gateway areas. Hecker Pass serves as the City’s western gateway.

While there are no State Scenic Highways located in the City of Gilroy, there are three Countydesignated scenic routes—US-101, portions of SR-152 east and west of Gilroy, and Santa Teresa Boulevard—as identified by the City of Gilroy 2040 General Plan Final EIR.4 These routes, and Santa Teresa Boulevard, are described in the Santa Clara County Regional Parks and Scenic Highways Map5 as follows:
3 City of Gilroy. 2020. City of Gilroy 2040 General Plan. Page NCR-7-8. 4 City of Gilroy. 2020. City of Gilroy 2040 General Plan Final EIR. Page 3-5. 5 County of Santa Clara. 2008. Regional Parks and Scenic Highways Map Element of the Santa Clara County General Plan. Website:
https://www.sccgov.org/sites/dpd/DocsForms/Documents/GP_Parks_ScenicRoads.pdf. Accessed September 16, 2021.

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SR-152 (east): Pacheco Pass Highway, east from Ferguson Road. This highway is one of the most dramatically scenic gateways into south Santa Clara County; and SR-152 (west): Hecker Pass Highway, from Santa Teresa Boulevard west to Mount Madonna Park and the Santa Cruz County line; and
Santa Teresa Boulevard: from US-101 south of Gilroy to Morgan Hill.

Areas within the City of Gilroy’s Urban Growth Boundary are the only places in the City where electronic billboards would be allowed. The proposed electronic billboard’s location would not affect scenic views because of its distance from scenic highways and scenic resources. The entire portion of US-101 that passes through the City of Gilroy is a County-designated scenic route, and is located within 660 feet of the proposed billboard site. The Pacheco Pass Highway SR-152 segment is located approximately 0.57-mile northeast of the proposed billboard site. The Hecker Pass Highway SR-152 segment is located approximately 2.63 miles northwest of the project site. Santa Teresa Boulevard is approximately 2.16 west of the proposed billboard site.

The analysis in this section is based, in part, on the Caltrans Outdoor Advertising Act and the Business and Professions Code Section 5403(g) for construction of electronic, LED billboards.

Would the project:
a) Have a substantial adverse effect on a scenic vista? Less than significant impact.

Proposed Electronic Billboard Ordinance
As stated in the Project Description, the proposed Ordinance would allow up to two electronic billboards within the City, which would only be permitted on property designated as General Services Commercial or City Gateway District and within 660 feet of US-101 or SR-152. The nearest scenic vistas are located over a mile west of US-101 or over 4 miles southeast of the US-101. At the City’s northern gateway (the US-101 entering the City of Gilroy), the nearest scenic vistas are the vegetated areas of the Santa Cruz Mountains, which begin approximately 2 miles north of the northern gateway. Because of the location requirements set forth in the proposed Ordinance, placement of any permitted electronic billboard under the proposed Ordinance would not have a substantial adverse effect on any scenic vista within city limits due to their distances from a scenic vista. Therefore, impacts would be less than significant.

Proposed Electronic Billboard
The project site is located in an urbanized area surrounded by industrial uses and the US-101. Scenic vistas are not visible from the project location. Therefore, impacts would be less than significant.

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Less than significant impact.

Proposed Electronic Billboard Ordinance
As stated in the Project Description, the proposed Ordinance and Sign Ordinance amendments would allow up to two billboards within the City, which would only be permitted on property designated as General Services Commercial or City Gateway District and within 660 feet of US-101 or SR-152. As stated in the setting subsection above, the US-101 segment that goes through the City of Gilroy is not a State Scenic Highway. At the City’s northern gateway (US-101 entering the City of Gilroy), the nearest scenic resources are views adjacent to the US-101 that are associated with vegetated areas of the Santa Cruz Mountains. The vegetated areas visible from US-101 begin approximately 2 miles north of the northern gateway. Because of the requirements set forth in the proposed Ordinance, placement of any electronic billboard would not substantially damage scenic resources due to their distance from scenic resources or a State Scenic Highway. Therefore, impacts would be less than significant.

Proposed Electronic Billboard
There are neither rock outcroppings nor historic buildings located within the vicinity of the project site. The proposed electronic billboard would be located 200 feet west of US-101, outside of a State Scenic Highway. The proposed electronic billboard would not obstruct any views of US-101 as the proposed billboard site is located within an industrial area and there are no scenic resources that would be obstructed. Therefore, with compliance to size and height regulations, as well as the permitted locations set forth in the proposed Ordinance, the proposed electronic billboard would not obstruct any views surrounding the project area. Additionally, the proposed project would not involve the removal of any trees. As such, impacts would be less than significant. c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less than significant impact.

Proposed Electronic Billboard Ordinance
The installation of electronic billboards would not be allowed in non-urbanized areas. Permitted locations are within the Urban Growth Boundary of the City. Additionally, the proposed Ordinance would be consistent with policies set forth in the Gilroy 2040 General Plan to reduce impacts on scenic resources within the City. Policies NCR 2.1—NCR 2.3 are specific to preserving views of the City of Gilroy’s scenic assets, as viewed from designated scenic routes.6 Permitted locations set forth by the proposed Ordinance would not conflict with these policies.

Additionally, there are no scenic resources that would be obstructed from permitted locations in the proposed Ordinance. As previously mentioned, the nearest scenic resources are views adjacent to 6 City of Gilroy. 2020. City of Gilroy 2040 General Plan Final EIR. Page 3-16.

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Proposed Electronic Billboard
The project site is located in an urbanized area where the existing visual setting of the site consists of industrial uses adjacent to US-101, a heavily traveled roadway.

The proposed electronic billboard would comply with all design standards set forth in the proposed Electronic Billboard Ordinance. The proposed electronic billboard would also be consistent with the illumination intensity standards in the Caltrans Outdoor Advertising Act. The proposed project commits to a maximum ambient light output level of a 0.3 foot-candle at 250 feet from the billboard, which is a more conservative lighting intensity standard for electronic billboards of this proposed size when compared to State standards. For a frame of reference, 0.3 foot-candle is comparable in brightness to the light emanating from a computer monitor, and the light levels emitted from the proposed billboards would be programmed to adjust based upon ambient light conditions at any given time (i.e., nighttime versus daytime). Therefore, impacts would be less than significant. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less than significant impact with mitigation incorporated.

Proposed Electronic Billboard Ordinance
The proposed Ordinance and Sign Ordinance amendments would allow up to two electronic billboards to be constructed within city limits. This would create a new source of substantial light or glare. However, all electronic billboards approved under the proposed Ordinance would be subject to federal, State, and local lighting regulations, including the illumination intensity standards in the Caltrans Outdoor Advertising Act. Additionally, the proposed Ordinance would require billboard projects to commit to a maximum ambient light output level of 0.3 foot-candle at 250 feet from the billboards, which is a more conservative lighting intensity standard for billboards of this proposed size when compared to State standards. In addition, it would require that the sign face display would not be allowed to change more often than every 8 seconds, and messages would be static (i.e., not moving or animated). As a result, impacts related to new sources of substantial light or glare would be less than significant.

Proposed Electronic Billboard
The nearest sensitive receptors to the project site are residential units at Monterey Gateway Apartments, located approximately 1,372 feet west of the site. There is also a gas station at the northwest corner of the project site. Nighttime light sources in this area include local street lighting, parking lot lighting at nearby auto dealerships, headlights from automobile traffic, highway lighting, and internal building lights.

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0.3 foot-candle at 250 feet from the billboards, which is a more conservative lighting intensity standard for billboards of this proposed size when compared to State standards. At a distance of 1,372 feet, the apartment complex would not be adversely affected by the proposed electronic billboard.

The project would comply with the proposed Ordinance, which requires all electronic billboards to include an operating mechanism that turns off the display or turns it all black in the event of a malfunction. To ensure that the proposed billboard would not have a significant impact on the nearby sensitive uses, the proposed project would also implement Mitigation Measure (MM) AES-1, which requires that the electronic billboards’ operational parameters are provided to the City for review and approval prior to initial operation.

Analysis of Driver Distraction
Driver distraction could occur due to the changing of electronic messages on the proposed LED billboards. Several federal and State regulations apply to the operation of electronic billboards, as discussed below. This data is provided for information purposes; it is not a CEQA threshold.  California law allows LED billboards to operate at a minimum dwell time of no less than four seconds before the display may transition to the next image. This requirement is set forth in Business and Professions Code Section 5405(d)(1), which provides, in pertinent part, “. . . no message center display may include any illumination or message change that is in motion or appears to be in motion or that changes in intensity or exposes its message for less than 4 seconds.”
 The OAAA likewise recommends that billboards display a message for no less than 4 seconds.  The Federal Highway Administration (FHWA), meanwhile, has approved of a similar dwell time standard. According to a FHWA memorandum, the acceptable range for the “[d]uration of each display is generally between 4 and 10 seconds—8 seconds is recommended.” The proposed Ordinance would not allow the sign face display to change more often than every 8 seconds and messages would be static (i.e., not moving or animated). The proposed Ordinance would therefore ensure that construction of electronic billboards pursuant to the Ordinance would not exceed the relevant State and federal requirements and would therefore avoid any significant distraction on drivers. Thus, impacts would be less than significant with mitigation incorporated.

Mitigation Measures
MM AES-1 The signs’ operational lighting parameters shall be provided to the City of Gilroy Community Development Department for review and approval prior to the regular operation of the light-emitting diode (LED) billboards, and shall be implemented by the project proponent to ensure a driver would not be adversely affected or impacted by trespass glare lighting.

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Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

2.2 Agriculture and Forestry Resources
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the State’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board.

Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to nonagricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code
Section 12220(g)), timberland (as defined by Public
Resources Code Section 4526), or timberland zoned
Timberland Production (as defined by Government
Code Section 51104(g))?
d) Result in the loss of forest land or conversion of
forest land to non-forest use?
e) Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland, to nonagricultural use or
conversion of forest land to non-forest use?
Environmental Evaluation
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the State’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board (ARB).

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The Farmland Mapping and Monitoring Program (FMMP) produces maps that display farmland in California. The Department of Conservation Inventory Map confirms that the parcels along US-101 and SR-152 that are designated General Services Commercial or City Gateway District are all classified as Urban and Built-Up Land.7 The nearest Prime Farmland is approximately 1,000 feet east of US-101.

Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use?
No impact.

Proposed Electronic Billboard Ordinance
As stated in the Project Description, the two billboards that would potentially be allowed would only be permitted on property designated as General Services Commercial or City Gateway District. The proposed electronic billboard would not be located on a parcel that is designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. Therefore, no impact would occur.

Proposed Electronic Billboard
As discussed above, the project site is designated as “Urban and Built-Up Land.” Therefore, development of the proposed project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to nonagricultural use. No impact would occur. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No impact.

Proposed Electronic Billboard Ordinance
Within the City, there are currently no active Williamson Act contracts; all properties under Williamson Act contracts are located outside of the Urban Growth Boundary.8 Therefore, project implementation would not conflict with existing zoning for agricultural use, nor would it conflict with any active Williamson Act contracts. No impact would occur.

Proposed Electronic Billboard
The General Plan land use designation for the project site is General Services Commercial and is not zoned for agricultural use.9 As discussed above, the project site is not encumbered by a Williamson Act contract. Thus, no impact would occur.
7 Department of Conservation. 2016. California Important Farmland Finder. Website: https://maps.conservation.ca.gov/DLRP/CIFF/.

Accessed June 28, 2021.
8 County of Santa Clara. 2021. Williamson Act Properties. Website:
https://sccplanning.maps.arcgis.com/apps/webappviewer/index.html?id=1f39e32b4c0644b0915354c3e59778ce. Accessed July 14, 2021. 9 City of Gilroy. 2020. Gilroy 2040 General Plan, Land Use Diagram.

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d) Result in the loss of forest land or conversion of forest land to non-forest use? No impact.

Proposed Electronic Billboard Ordinance
According to the California Public Resources Code, “forest land” is land that can support 10 percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits.10 Potential electronic billboards would only be permitted on properties designated as General Services Commercial or City Gateway District. None of the properties designated as General Services Commercial or City Gateway District along US-101 and SR-152 contain forest land. Therefore, the proposed Ordinance would not conflict with existing zoning or cause rezoning of any forest land. No impact would occur.

Proposed Electronic Billboard
The project site is designated as General Services Commercial and is not within a forest land zoning district. This condition precludes the possibility of a conflict with a forest zoning designation. The project site is developed with industrial uses and does not contain forest land. No impact related to conflict with forest land zoning or loss of forest land would occur. e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to nonagricultural use or conversion of forest land to non-forest use?
No impact.

Proposed Electronic Billboard Ordinance
As discussed previously, potential electronic billboards would only be permitted on properties designated as General Services Commercial or City Gateway District. In addition, potential electronic billboards would be located in developed areas along US-101 and SR-152 and would not be sited on farmlands or forest land. Therefore, the proposed project would not result in the conversion of Farmland to nonagricultural use or conversion of forest land to non-forest use. No impact would occur.
10 Thomson Reuters Westlaw. 2019. California Code, Public Resources Code–12220.

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The proposed project involves construction of one electronic billboard in an industrial area. No impact related to conversion of farmland and forestland would occur.

Mitigation Measures
None required.

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Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

2.3 Air Quality
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations.

Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is
non-attainment under an applicable federal or State
ambient air quality standard?
c) Expose sensitive receptors to substantial pollutant
concentrations?
d) Result in other emissions (such as those leading to
odors or) adversely affecting a substantial number of
people?
Environmental Evaluation
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations.

Setting
The proposed project is located within the San Francisco Bay Area Air Basin (Air Basin), which consists of the entirety of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, and Santa Clara counties; the western portion of Solano County; and the southern portion of Sonoma County.

The Air Basin is characterized by complex terrain consisting of coastal mountain ranges, inland valleys, and bays. The regional climate of the Air Basin is characterized by mildly dry summers and moderately wet winters. The region experiences moderate humidity with wind patterns consisting of mild onshore breezes during the day. The location of a strong subtropical high-pressure cell located in the Pacific Ocean induces foggy mornings and moderate temperatures during the summer, as well as occasional rainstorms during the winter.

The air pollutants for which national and State standards have been promulgated and that are most relevant to air quality planning and regulation in the Bay Area include ozone, nitrogen oxides (NOX), carbon monoxide (CO), particulate matter, including dust, 10 micrometers or less in diameter (PM10), and particulate matter, including dust, 2.5 micrometers or less in diameter (PM2.5). In addition, toxic air contaminants (TACs) are of concern in the Bay Area. Each of these pollutants is briefly described below. Other pollutants that are regulated but not considered an issue in the project area are sulfur

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Its effects can include the following: irritate respiratory system; reduce lung function; cause breathing pattern changes; reduce breathing capacity; inflame and damage cells that line the lungs; make lungs more susceptible to infection; aggravate asthma; aggravate other chronic lung diseases; cause permanent lung damage; cause some immunological changes; increase mortality risk; and cause vegetation and property damage.  CO is a colorless, odorless gas produced by the incomplete combustion of fuels. CO concentrations tend to be the highest during winter mornings, with little to no wind, when surface-based inversions trap the pollutant at ground levels. Because CO is emitted directly from internal combustion engines—unlike ozone—and motor vehicles operating at slow speeds are the primary source of CO in the Bay Area, the highest ambient CO concentrations are generally found near congested transportation corridors and intersections. Potential health effects from CO ranges depending on exposure: slight headaches; nausea; aggravation of angina pectoris (chest pain) and other aspects of coronary heart disease; decreased exercise tolerance in persons with peripheral vascular disease and lung disease; impairment of central nervous system functions; possible increased risk to fetuses; and death.  PM10 and PM2.5 consist of extremely small, suspended particles or droplets 10 microns and 2.5 microns or smaller in diameter, respectively. Some sources of particulate matter, like pollen and windstorms, are naturally occurring. However, in populated areas, most particulate matter is caused by road dust, diesel soot, combustion products, abrasion of tires and brakes, and construction activities. Health effects from short-term exposure (hours per days) can include the following: irrigation of the eyes, nose, throat; coughing; phlegm; chest tightness; shortness of breath; aggravation of existing lung disease causing asthma attacks and acute bronchitis; those affected with heart disease can suffer heart attacks and arrhythmias. Health effects from long-term exposure can include the following: reduced lung function; chronic bronchitis; changes in lung morphology; and death.
 TACs refer to a diverse group of air pollutants that can affect human health but have not had ambient air quality standards established for them. Diesel particulate matter (DPM) is a toxic air contaminant that is emitted from construction equipment and diesel-fueled vehicles and trucks. Some short-term (acute) effects of DPM exposure include eye, nose, throat, and lung irritation, coughs, headaches, light-headedness, and nausea. Studies have linked elevated particle levels in the air to increased hospital admissions, emergency room visits, asthma attacks, and premature deaths among those suffering from respiratory problems. Human studies on the carcinogenicity of DPM demonstrate an increased risk of lung cancer, although the increased risk cannot be clearly attributed to diesel exhaust exposure.

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\\ORG-SRVR\Depts$\COMDEV\PLANNING\Applications\Zoning Amendment\2018\Z 18-04 Electronic Billboards\CEQA\Draft IS-MND\ISMND_06272022 (modified exhibits).docx Construction and operation of the proposed project would be subject to applicable Bay Area Air Quality Management District (BAAQMD) rules and requirements. The BAAQMD CEQA Guidelines were developed to assist local jurisdictions and lead agencies in complying with the requirements of CEQA regarding potentially adverse impacts to air quality.11 Would the project:
a) Conflict with or obstruct implementation of the applicable air quality plan? Less than significant impact with mitigation incorporated.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would only relate to new electronic billboard requirements and regulations.

The updated text would not involve changes in the existing environment. Analysis specific to the construction of the proposed electronic billboard is discussed below.

Proposed Electronic Billboard
The 2017 Clean Air Plan is the currently applicable regional Air Quality Plan (AQP) for the Air Basin.

The primary goals of the 2017 Clean Air Plan are to protect public health and protect the climate.

The 2017 Clean Air Plan acknowledges that the BAAQMD’s two stated goals of protection are closely related. As such, the 2017 Clean Air Plan identifies a wide range of control measures intended to decrease both criteria pollutants12 and greenhouse gas (GHG) emissions.13 Because the proposed project does not involve population or employment growth, determining consistency with the 2017 Clean Air Plan involves assessing whether applicable control measures contained in the 2017 Clean Air Plan are implemented and whether implementation of the proposed project would disrupt or hinder implementation of AQP control measures. The control measures are organized into five categories: stationary and area source control measures, mobile source measures, transportation control measures, land use and local impact measures, and energy and climate measures. The control measures are geared toward traditional land uses (e.g., residential, commercial, and industrial uses) and buildings. None of the control measures contained in the 2017 Clean Air Plan are applicable to the operation of electronic billboards; however, all projects within BAAQMD’s jurisdiction are required to implement the BAAQMD Best Management Practices (BMPs) during construction activities. As discussed in Impact 2.3(b), the proposed project would implement all BMPs for construction activities and would be consistent with the assumptions in the AQP after implementation of MM AIR-1. Furthermore, the proposed project would not include any special features that would disrupt or hinder implementation of the AQP control measures. Therefore, the proposed project would not conflict with or obstruct implementation of the 2017 Clean Air Plan. This impact would be less than significant after mitigation. 11 Bay Area Air Quality Management District (BAAQMD). 2017. CEQA Guidelines. May. Website:
http://www.baaqmd.gov/~/media/files/planning-and-research/ceqa/ceqa_ guidelines_may2017-pdf.pdf?la=en. Accessed June 16, 2021. 12 The EPA has established National Ambient Air Quality Standards (NAAQS) for six of the most common air pollutants—carbon monoxide, lead, ground-level ozone, particulate matter, nitrogen dioxide, and sulfur dioxide—known as “criteria” air pollutants (or simply “criteria pollutants”).
13 Bay Area Air Quality Management District (BAAQMD). 2017. Final 2017 Clean Air Plan. Website:
http://www.baaqmd.gov/~/media/files/planning-and-research/plans/2017-clean-air-plan/attachment-a_-proposed-final-cap-vol-1- pdf.pdf?la=en. Accessed June 16, 2021.

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Proposed Electronic Billboard Ordinance
The proposed Ordinance would only relate to new electronic billboard requirements and regulations.

The updated text would not involve changes in the existing environment. Analysis specific to the construction of the proposed electronic billboard is discussed below.

Proposed Electronic Billboard
The BAAQMD’s thresholds of significance represent the allowable amount of emissions a project can generate without generating a cumulatively considerable contribution to regional air quality impacts.

Therefore, a project that would not exceed the BAAQMD thresholds of significance on a project-level also would not be considered to result in a cumulatively considerable contribution to these regional air quality impacts. The region is non-attainment for the federal and State ozone standards, State PM10 standards, and federal and State PM2.5 standards. Impacts related to construction and operations of the proposed project are addressed separately below.

Construction Emissions
Emissions from construction-related activities are generally short-term in duration but may still cause adverse air quality impacts. The proposed project would generate emissions from construction equipment exhaust, worker travel, and fugitive dust. These construction emissions include criteria air pollutants and precursors from the operation of heavy construction equipment. As discussed below, the proposed project’s construction emissions would not exceed any significance threshold adopted for this project. Therefore, the proposed project would have a less than significant contribution to cumulative impacts during construction.

Construction Fugitive Dust
For all proposed projects, the BAAQMD requires the implementation of BMPs to ensure that construction-related fugitive dust emissions are considered less than significant. As such, the proposed project would be required to implement MM AIR-1 to ensure construction emission impacts are less than significant, which would apply the following BAAQMD BMPs during construction activities at the proposed new electronic billboard site:
 Exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered with non-potable water two times per day.  All haul trucks transporting soil, sand, or other loose material off-site shall be covered.  All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.  All roadways, driveways, and sidewalks shall be paved as soon as possible.

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\\ORG-SRVR\Depts$\COMDEV\PLANNING\Applications\Zoning Amendment\2018\Z 18-04 Electronic Billboards\CEQA\Draft IS-MND\ISMND_06272022 (modified exhibits).docx  Idling times shall be minimized either by shutting equipment off when not in use or by reducing the maximum idling time to 5 minutes (as required by the California Airborne Toxics Control Measure Title 13, § 2485 of the California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.  All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator.
 A publicly visible sign shall be posted with the telephone number and person to contact at the City regarding dust complaints. This person shall respond and take corrective action within 48 hours of a complaint or issue notification. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.

Construction: ROG, NOX, PM10 (exhaust), and PM2.5 (exhaust) Construction emissions were estimated for the activities associated with the installation of the proposed new electronic billboard. Based on applicant-provided information, it is expected that construction activities associated with the proposed project would last 2 to 4 weeks. The construction schedule used to estimate emissions is shown in Table 1. The off-road construction equipment list is shown by construction activity in Table 2. The exhaust emissions generated by construction equipment are based on the hours of operation, horsepower, and load factors of the equipment. The duration of construction activity and associated equipment represent a reasonable approximation of the expected construction fleet as required by CEQA Guidelines. The number of off-site trips assumed to occur during construction of the proposed project is shown in Table 3.

Additional trips were included to account for the transport of construction material and equipment.

Table 1: Combined Construction Schedule
Phase Total Number of Working Days
Proposed New Electronic Billboard Site
Grading 2
Building Construction (Installation of Billboard) 19
Paving 2
Source: California Emissions Estimator Model (CalEEMod) Output (see Appendix B).1 1 The construction schedule in the CalEEMod Output is based on the anticipated schedule provided by the applicant. Because vehicle fuel use becomes more efficient through time in compliance with federal and State regulations, these dates support a conservative evaluation of potential impacts.

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\\ORG-SRVR\Depts$\COMDEV\PLANNING\Applications\Zoning Amendment\2018\Z 18-04 Electronic Billboards\CEQA\Draft IS-MND\ISMND_06272022 (modified exhibits).docx Table 2: Construction Equipment Assumptions
Activity Equipment Amount
Hours per
Day Horsepower Load Factor
Proposed New Electronic Billboard Site
Grading Bore/Drill Rigs 1 8 221 0.50
Concrete/Industrial Saws 1 2 81 0.73
Tractors/Loaders/Backhoes 1 3 97 0.37
Building Construction
(Installation of Billboard)
Cranes 1 4 231 0.29
Forklifts 1 6 89 0.20
Paving Cement and Mortar Mixers 1 2 9 0.56
Source: California Emissions Estimator Model (CalEEMod) Output (see Appendix B).

Table 3: Combined Construction Off-site Vehicle Trips
Construction Phase
Construction Vehicle Trips
Worker Trips per Day Vendor Trips per Day Total Haul Trips Proposed New Electronic Billboard Site
Grading 8 2 8
Building Construction
(Installation of the Billboard) 8 2 0
Paving 8 2 0
Source: Source: California Emissions Estimator Model (CalEEMod) Output (see Appendix B).

Annual project construction emissions prior to the application of mitigation are shown in Table 4.

Average daily construction emissions are compared with the significance thresholds in Table 5.

Table 4: Annual Construction Emissions
Construction Phase
Tons/Year
ROG NOX PM10 (Exhaust) PM2.5 (Exhaust)
Proposed New Electronic Billboard Site
Grading <0.1 <0.1 <0.1 <0.1
Building Construction
(Installation of Billboard)
<0.1 <0.1 <0.1 <0.1
Paving <0.1 <0.1 <0.1 <0.1
Total Construction Emissions <0.1 <0.1 <0.1 <0.1

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Tons/Year
ROG NOX PM10 (Exhaust) PM2.5 (Exhaust)
Notes:

NOX = oxides of nitrogen
PM10 = particulate matter, including dust, 10 micrometers or less in diameter PM2.5 = particulate matter, including dust, 2.5 micrometers or less in diameter ROG = reactive organic gases
Sums were calculated using unrounded numbers from the California Emissions Estimator Model (CalEEMod) Output.

Source: CalEEMod Output (see Appendix B).

Table 5: Average Daily Construction Emissions
Parameter
Air Pollutants
ROG NOX PM101 PM2.51
Total Emissions (tons/year) <0.1 <0.1 <0.1 <0.1
Total Emissions (lbs/year) 11.88 106.92 11.86 10.96
Average Daily Emissions (lbs/day)2 0.03 0.23 0.03 0.02
Significance Threshold (lbs/day) 54 54 82 54
Exceeds Significance Threshold? No No No No
Notes:
lbs = pounds
NOX = oxides of nitrogen
PM10 = particulate matter, including dust, 10 micrometers or less in diameter PM2.5 = particulate matter, including dust, 2.5 micrometers or less in diameter ROG = reactive organic gases
1 Exhaust only
2 Calculated by dividing the total lbs by the total 23 working days of construction for the duration of construction.

Calculations use unrounded totals.

Source: California Emissions Estimator Model (CalEEMod) Output (see Appendix B).

As shown in Table 5, the combined construction emissions from all components of the proposed project are well below the recommended thresholds of significance. Therefore, project construction would have a less than significant impact.

Operational Emissions
The proposed project would generate operational emissions principally from vehicle traffic due to maintenance vehicles accessing the site. The following analysis relates to localized and regional criteria pollutant impacts. Emissions resulting from various aspects of the proposed project are discussed separately below.

Operations: ROG, NOX, PM10, and PM2.5
The BAAQMD has developed screening criteria whereby an agency can quickly determine whether a given development project has the potential to exceed adopted significance thresholds. If all

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Operational CO Hotspots
CO emissions from project-related traffic would be the pollutant of greatest concern at the local level because congested intersections with large volumes of traffic have the greatest potential to cause high, localized concentrations of CO.

The BAAQMD recommends a screening analysis to determine whether a project has the potential to contribute to a CO hotspot. The screening criteria identify when subsequent site-specific CO dispersion modeling is necessary.

The BAAQMD considers a project’s local CO emissions to be less than significant if one of the following screening criteria is met:
 The project is consistent with an applicable congestion management program established by the County congestion management agency for designated roads or highways, regional transportation plan, and local congestion management agency plans.  The project traffic would not increase traffic volumes at affected intersections to more than 44,000 vehicles per hour.
 The project traffic would not increase traffic volumes at affected intersections to more than 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited (e.g., tunnel, parking garage, bridge underpass, natural or urban street canyon, or below-grade roadway).

Billboards require occasional upkeep and maintenance activities, which generate vehicle trips. The long-term operation of the proposed electronic billboard would include vehicle trips with minimal and irregular maintenance activities, occurring only as needed (less than once per month and likely only one vehicle). The expected increase in traffic would not substantially increase traffic volumes at any affected intersection. Therefore, the proposed project would not exceed the CO screening criteria. Furthermore, the adjacent roadways are not located in an area where vertical or horizontal

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Proposed Electronic Billboard Ordinance
The proposed Ordinance would only relate to new electronic billboard requirements and regulations.

The updated text would not involve changes in the existing environment. Analysis specific to the construction of the proposed electronic billboard is discussed below.

Proposed Electronic Billboard
The BAAQMD considers a sensitive receptor to be any facility or land use that includes members of the population who are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses. If a project is likely to be a place where people live, play, or convalesce, it should be considered a receptor. It should also be considered a receptor if sensitive individuals are likely to spend a significant amount of time there. Examples of receptors include residences, schools and school yards, parks and playgrounds, daycare centers, nursing homes, and medical facilities. Playgrounds could be play areas associated with parks or community centers. The proposed new electronic billboard site is located in the vicinity of sensitive receptors, including single-family homes. The closest sensitive receptors are existing homes located more than 1,180 feet to the west from where project components would be placed.

The following analysis evaluates whether the proposed project would result in construction or operational-period impacts to sensitive receptors. The following three criteria were applied to determine whether project emissions would result in less than significant impacts to sensitive receptors:
 Criterion 1: Construction of the project would not result in localized emissions that, if when combined with background emissions, would result in exceedance of any health-based air quality standard.
 Criterion 2: Operation of the project would not result in localized emissions that, if when combined with background emissions, would result in exceedance of any health-based air quality standard.
 Criterion 3: Construction of the project would not result in an exceedance of asbestos exposure.

Criterion 1: Project Construction Toxic Air Pollutants
The project would generate TACs, such as DPM, during construction due to the use of off-road construction equipment. DPM is represented as exhaust emissions of PM2.5 and PM10. As shown in Table 5, project construction would emit at most 0.03 and 0.02 pounds per day of PM2.5 and PM10. As discussed in Impact 2.3(b), emissions during construction would not exceed the BAAQMD’s

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Criterion 2: Project Operation Localized Emissions
The proposed project would entail the operation of an electronic billboard, which is not a land use which would result in substantial localized emissions. Maintenance would involve irregular trips to the sites, usually involving only one light vehicle. Furthermore, as discussed in Impact 2.3(b), the proposed project’s operational vehicle trips would not result in an increase in traffic volumes such that a CO hotspot would occur. Therefore, the proposed project would not expose sensitive receptors to substantial criteria air pollutant concentrations during operation or result in localized emissions that, when combined with background emissions, would result in exceedance of any health-based air quality standard. Impacts relating to Criterion 2 would be less than significant.

Criterion 3: Asbestos from Demolition
As discussed in Section 8, Hazards and Hazardous Materials, there is no potential for asbestoscontaining materials to be present within the project area because no structures currently exist in the project site. No impacts relating to Criterion 3 would occur. d) Result in other emission (such as those leading to odors) adversely affecting a substantial number of people?
Less than significant impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would only relate to new electronic billboard requirements and regulations.

The updated text would not involve changes in the existing environment. Analysis specific to the construction of the proposed electronic billboard is discussed below.

Proposed Electronic Billboard
The proposed electronic billboard would not be a source of other emissions, such as those leading to odors, during operations because an electronic billboard would not result in emissions of odors. For example, the project would not include sanitary sewer processing plants or coffee roasting facilities that generate significant odors. During construction, a limited number of diesel engines would be operated on the project site for limited durations. Diesel exhaust and ROGs from these diesel engines would be emitted during construction of the proposed project, which are objectionable to some; however, project construction is expected to be short-term (2 to 4 weeks), emissions would disperse rapidly from the project site, and diesel exhaust odors would be consistent with existing vehicle odors in the area. Considering this information, construction and operation of the proposed project would not create other emissions or odors adversely affecting a substantial number of people; impacts would be less than significant.

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MM AIR-1 In order to comply with the Bay Area Air Quality Management District (BAAQMD) Best Management Practices (BMPs) during construction, prior to issuance of grading and construction permits, the project applicant and construction contractor shall:
 Exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered with non-potable water two times per day.
 All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
 All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
 All roadways, driveways, and sidewalks shall be paved as soon as possible.  Idling times shall be minimized either by shutting equipment off when not in use or by reducing the maximum idling time to 5 minutes (as required by the California Airborne Toxics Control Measure [ATCM] Title 13, § 2485 of the California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.
 All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator.
 A publicly visible sign shall be posted with the telephone number and person to contact at the City regarding dust complaints. This person shall respond and take corrective action within 48 hours of a complaint or issue notification. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.

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Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

2.4 Biological Resources
Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Wildlife or United States Fish and Wildlife
Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies, and
regulations or by the California Department of Fish
and Wildlife or United States Fish and Wildlife
Service?
c) Have a substantial adverse effect on State or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interruption, or
other means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of wildlife
nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or State
habitat conservation plan?
Environmental Evaluation
Setting
This section evaluates potential effects on biological resources that may result from the construction of one, 60-foot-high billboard within the northwestern corner of the project site. This section does not include a biological analysis of any other potential billboard projects permitted under the proposed Ordinance. Subsequent electronic billboards would be subject to environmental review prior to their approval. Prior to the field survey, an FCS Biologist reviewed the California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB), a special-status species

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The habitat present within the 6-acre project site can be categorized as Urban/Developed. This habitat is classified as areas that have been constructed upon or otherwise physically altered to an extent that native vegetation is no longer supported and retains no soil substrate. Developed land is characterized by permanent or semi-permanent structures, pavement, or hardscape, and landscaped areas that often require irrigation.

The project site is situated in a highly developed area and is currently used for truck trailer parking across the majority of the site, with auto repair businesses in the southern portion of the site and a gas station in the northeastern corner of the site.

The project site abuts US-101 to the east, the Princevalle Channel and an Auto Mall to the north, Automall Parkway/Chestnut Street and industrial uses to the west, and industrial uses to the south (Exhibit 3). An approximate 6-foot-high chain link fence divides the Princevalle Channel from the project site. The Princevalle Channel provides drainage for the south and central portions of the City and is a tributary to Llagas Creek.14 The western edge of the project site, adjacent to Automall Parkway/Chestnut Street, contains various ornamental trees and planters commonly found in business parks. Vegetation observed within this area included spineless yucca (Yucca elephantipesis), willow (Salix sp.), and Mediterranean cypress (Cupressus sempervirens). Additionally, a row of olive trees (Olea europaea) is located off-site between US-101 and the project site. Outside of the western edge of the project site, the remaining areas are covered in hardscape and devoid of any vegetation.

Impact Analysis
Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or United States Fish and Wildlife Service?
Less than significant with mitigation incorporated.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would only relate to new electronic billboard requirements and regulations.

The Ordinance would not involve changes to the existing environment and subsequent billboards 14 City of Gilroy Storm Drain System Master Plan. 2004. p.4-6

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Proposed Electronic Billboard
Special-status Plant Species Potentially Occurring within the Project Site The potential for plant species to occur on the project site was evaluated based on the presence of suitable habitats, soil types, and occurrences recorded by the CNPS and CNDDB listings in the generally vicinity of the site, as well as a site survey conducted by a qualified Biologist. The Specialstatus Plant Species Table (Table 1; Appendix C) provides a summary of the listing status, habitat requirements, and the potential for occurrence of other sensitive plant species that have been documented within the Chittenden, California, USGS 7.5-minute Topographic Quadrangle Map and the eight surrounding quadrangles. A total of eight special-status plant species were evaluated for their potential to occur within the project site.

The species evaluated in the Special-status Plant Species Evaluation Table require specific habitat conditions (e.g., vernal pools, riparian woodland, chaparral, serpentine outcrops, or valley and foothill grasslands) that are not present within the project site. Because of previous development, no special-status plant species have potential to occur within the project site; therefore, no specialstatus plant species would be impacted by the proposed electronic billboard.

Special-status Wildlife Species Potentially Occurring within the Project Site The potential for wildlife species to occur on the project site was evaluated based on the presence of suitable habitats, and occurrences recorded by the CNDDB in the generally vicinity of the site, as well as a site survey conducted by a qualified Biologist. The Special-status Wildlife Species Evaluation Table (Table 2; Appendix C) provides a summary of the listing status, habitat requirements, and the potential for occurrence of other sensitive wildlife species that have been documented within the Chittenden, California, USGS 7.5-minute Topographic Quadrangle Map and the eight surrounding quadrangles. A total of 11 special-status wildlife species were evaluated for their potential to occur within the project site. Of the 11 species evaluated, one species, white-tailed kite (Elanus leucurus) has the potential to occur within the project site. This species is discussed in further detail below.

White-tailed kite and other nesting birds
The white-tailed kite is listed by the State of California as a “fully protected.” This species’ preferred habitat includes rolling foothills and valley margins with scattered oaks and river bottomlands or marshes next to deciduous woodland. This species typically forages in open grasslands, meadows, or marshes. Often found perching and nesting in isolated, dense-topped trees. The project site and the adjacent vicinity contain planted trees that provide marginal nesting habitat. The general vicinity of the project site, specifically the vacant parcel to the east of Automall Parkway and north of the Princevalle Channel (approximately 850 feet northeast of the project site), contains undeveloped grassland habitat suitable for foraging. No white-tailed kite or other raptor nests were observed during the August 2021 field survey. The nearest recorded occurrence is 2.6 miles northeast of the project site.15
15 California Department of Fish and Wildlife (CDFW). 2021. CNDDB RareFind 5 California Natural Diversity Database Query for SpecialStatus Species. Website: https://map.dfg.ca.gov/rarefind/view/RareFind.aspx. Accessed August 19, 2021.

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\\ORG-SRVR\Depts$\COMDEV\PLANNING\Applications\Zoning Amendment\2018\Z 18-04 Electronic Billboards\CEQA\Draft IS-MND\ISMND_06272022 (modified exhibits).docx 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. The proposed electronic billboard would not create a substantial change in illumination levels as described above in Section 2.1 above. Baseline light sources in the project area include local street lighting, parking lot lighting, other illuminated billboards at nearby auto dealerships, headlights from automobile traffic, and highway lighting structures. The proposed electronic billboard would be consistent with the illumination intensity standards in the Caltrans Outdoor Advertising Act. The proposed electronic billboard would be limited to a maximum ambient light output level of 0.3 foot-candle at 250 feet from the billboard, which is a more conservative lighting intensity standard for electronic billboards of this proposed size when compared to State standards. Additionally, the proposed electronic billboard would not be allowed to change the sign face displace more than every 8 seconds, and messages would be static (i.e., not moving, or animated) resulting in changing color patters rather than a fixed unchanging light which may be more attractive to birds. For these reasons the proposed electronic billboard would not have a significant impact on the movement of migrating birds.

The trees present on the project site may provide suitable habitat for a variety of species of nesting birds. Construction activities that occur during the avian nesting season (generally February 1 to August 31) could disturb nesting sites for bird species including special-status species such as the white-tailed kite as well as birds protected under the Migratory Bird Treaty Act (MBTA) and the California Fish and Game Code. Given the potential for these species to occur on or near the project site, implementation of MM BIO-1 through MM BIO-4 would reduce potential impacts to whitetailed kite and other nesting birds to less than significant by requiring pre-construction surveys and implementation of nest protection buffers to avoid disturbance of any active nests. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or United States Fish and Wildlife Service? No Impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would only relate to new electronic billboard requirements and regulations.

The Ordinance would not involve changes to the existing environment and subsequent electronic billboards would be subject to environmental review prior to approval. Analysis specific to the construction of the proposed electronic billboard is discussed below.

Proposed Electronic Billboard
The project site is developed and contains urban/developed land cover. However, the Princevalle Channel is located approximately 50 feet north of the project site. The man-made Channel has been excavated within upland habitat for the purpose of storm drainage for the City. The Channel is not applicable to this resource category and is discussed in further detail in Checklist Question C below.

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c) Have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
Less than significant with mitigation incorporated.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would only relate to new electronic billboard requirements and regulations.

The Ordinance would not involve changes to the existing environment and subsequent electronic billboards would be subject to environmental review prior to approval. Analysis specific to the construction of the proposed electronic billboard is discussed below.

Proposed Electronic Billboard
The Princevalle Channel is located approximately 50 feet north of the project site and is a tributary to Llagas Creek, which flows into the Pajaro River, which empties into Monterey Bay, a traditional navigable water of the United States. While the project site does not contain State or federally protected wetlands, construction of the proposed electronic billboard has the potential for indirect (temporary) adverse impacts to the aquatic habitat of the Channel. Potential temporary indirect impacts (during construction) include pollutant loading, increased erosion and sedimentation, and debris dispersal into the Channel. Implementation of MM BIO-5 and MM BIO-6 would reduce potential indirect adverse impacts to the aquatic habitat of the Channel to less than significant levels through avoidance and minimization measures.
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites?
Less than significant impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would only relate to new electronic billboard requirements and regulations.

The Ordinance would not involve changes to the existing environment and subsequent billboards would be subject to environmental review prior to approval. Analysis specific to the construction of the proposed electronic billboard is discussed below.

Proposed Electronic Billboard
US-101 borders the project site to the east and Automall Parkway/Chestnut Street borders the project site to the west. The project site is bounded by a chain link fencing to the north, east, and south. These factors along with existing urban developments within the general project vicinity limit wildlife movement through the project site. Additionally, the project site is not part of or within a

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No impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would only relate to new electronic billboard requirements and regulations.

The Ordinance would not involve changes to the existing environment and subsequent billboards would be subject to environmental review prior to approval. Analysis specific to the construction of the proposed electronic billboard is discussed below.

Proposed Electronic Billboard
The proposed electronic billboard would be erected in the northeastern corner of the project site, in an area which is already fully developed with hardscaping. No trees or vegetation would be removed because of project construction. As such, the proposed electronic billboard would not conflict with any local policies or ordinances protecting biological resources. No impacts would occur. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan? Less than significant with mitigation incorporated.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would only relate to new electronic billboard requirements and regulations.

The Ordinance would not involve changes to the existing environment and subsequent billboards would be subject to environmental review prior to approval. Analysis specific to the construction of the proposed electronic billboard is discussed below.

Proposed Electronic Billboard
The project site is located within the Santa Clara Valley Habitat Plan (SCVHP). The project site is within the “Urban-Suburban” land cover as defined by the SCVHP and is not located in any specialstatus plant and wildlife survey areas, or fee zone. With implementation of MM BIO-7, the proposed electronic billboard would not conflict with any policies of the SCVHP. The land cover type and the absence of plant and wildlife survey areas has been confirmed on the ground through the survey conducted by a qualified Biologist, as required by the SCVHP. Therefore, with implementation of MM BIO-7, potential impacts regarding adopted conservation plans would be reduced to a less than significant level.

Mitigation Measures
MM BIO-1 If possible, to prevent impacts to the Fish and Game Code and/or Migratory Bird Treaty Act (MBTA)-protected birds, including nesting raptors, and their nests, construction work should occur outside the nesting season (generally between

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MM BIO-2 If an active nest of a special-status bird species is located during pre-construction surveys, the United States Fish and Wildlife Service (USFWS) and/or California Department of Fish and Wildlife (CDFW) (as appropriate) shall be notified regarding the status of the nest.

MM BIO-3 For nests of all species protected under Fish and Game Code and/or Migratory Bird Treaty Act (MBTA), construction activities shall be restricted as necessary to avoid disturbance of the nest until the young have left the nest, or the United States Fish and Wildlife Service (USFWS) and/or California Department of Fish and Wildlife (CDFW) (as appropriate) deem disturbance potential to be minimal. Restrictions may include establishment of exclusion zones (no ingress of personnel or equipment at a minimum radius of 100 feet around an active raptor nest and an appropriate radius around an active protected bird nest depending on the species and disturbance level as determined by a qualified Biologist) or alteration of the construction schedule.

MM BIO-4 A qualified Biologist shall provide appropriate protection buffer sizes and locations, and the applicant shall physically mark the protection buffers using signs, environmentally sensitive area fencing, pin flags, and/or flagging tape. The buffer zone shall be maintained around the active nest site(s) until the young have fledged and are foraging independently.

MM BIO-5 No substances toxic to fish and wildlife shall be discharged or allowed to leach into Princevalle Channel. Reasonable precautions to protect aquatic habitats of Princevalle Channel from pollution with harmful materials (e.g., fuels, oils, lubricants, and solvents) shall be implemented. Specifically, all potentially hazardous materials shall be controlled, cleaned up, and properly disposed of in accordance with the project’s water quality control permits and plans. Materials deleterious or toxic to fish and wildlife including, but not limited to, asphalt, tires, concrete, construction materials, treated wood, and creosote containing materials shall not be stockpiled within 100 feet of the Princevalle Channel. Refueling and maintenance areas for equipment shall be limited to areas 100 feet from the Princevalle Channel.

MM BIO-6 At no time shall silt-laden runoff be allowed to enter the Princevalle Channel.

Erosion control measures shall be utilized throughout all phases of construction where sediment runoff from the project may enter Princevalle Channel. Best Management Practices (BMPs) to avoid erosion and uncontrolled stormwater runoff shall be implemented. BMPs typically include silt fencing, coir rolls, and/or straw bale dikes.

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\\ORG-SRVR\Depts$\COMDEV\PLANNING\Applications\Zoning Amendment\2018\Z 18-04 Electronic Billboards\CEQA\Draft IS-MND\ISMND_06272022 (modified exhibits).docx MM BIO-7 The project applicant shall submit a Santa Clara Valley Habitat Plan (SCVHP) Coverage Screening Form to the Planning Department for review and shall complete subsequent forms, reports, and/or studies as needed.

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Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

2.5 Cultural Resources and Tribal Cultural Resources
Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as pursuant to
Section 15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant
to Section 15064.5?
c) Disturb any human remains, including those interred
outside of formal cemeteries?
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
d) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of
historical resources as defined in Public Resources
Code Section 5020.1(k), or
e) A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to
be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in
subdivision (c) of Public Resource Code Section
5024.1, the lead agency shall consider the
significance of the resource to a California Native
American tribe.

Environmental Evaluation
Setting
This section describes the existing cultural resources setting and potential effects from project implementation on the project site and its surrounding area. This section does not include a cultural analysis of any other potential billboard projects permitted under the proposed Ordinance.

Subsequent billboards would be subject to environmental review prior to their approval.

Descriptions and analysis in this section are based on information provided by the California Native American Heritage Commission (NAHC), Northwest Information Center (NWIC), National Register of Historic Places (NRHP), California Register of Historical Resources (CRHR), California Historic Landmarks list, California Points of Historical Interest list, Built Environmental Research Directory (BERD), and the California Historical Resources Inventory. Non-confidential records search results and other correspondence are included in Appendix D.

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A records search and literature review were conducted on August 18, 2021, at the NWIC located at Sonoma State University located in Rohnert Park, California for the project site and a 0.5-mile radius surrounding it. The purpose of this review was to access existing cultural resource survey reports, archaeological site records, historic aerial photographs, and historic maps and evaluate whether any previously documented prehistoric or historic archaeological sites, architectural resources, cultural landscapes, or other resources exist within or near the project site.

The results of the records search indicate that there are two recorded historic cultural resources within the 0.5-mile search radius, none of which are located within the project site. In addition, 25 area-specific survey reports are on file with the NWIC for the 0.5-mile search radius, but none within the project site itself, suggesting that the project site has not been previously surveyed for cultural resources. A records search map identifying the project boundaries and a 0.5-mile search radius along with relevant non-confidential records search results can be found in Appendix D.

Pedestrian Survey and Site Visit
On August 26, 2021, FCS conducted a pedestrian survey to determine the presence of any unrecorded cultural resources within the project site. During the pedestrian survey, all areas of the exposed ground surface were examined for prehistoric artifacts (e.g., fire-affected rock, milling tools, flaked stone tools, tool-making debris, ceramics), soil discoloration and depressions that might indicate the presence of a cultural midden, faunal and human osteological remains, and features indicative of the former presence of structures or buildings (e.g., postholes, standing exterior walls, foundations) or historic debris (e.g., glass, metal, ceramics). All areas of proposed development were inspected for culturally modified soils or other indicators of potential historic or prehistoric resources.

The project site was surveyed using east/west transects spaced at 15-meter intervals. Survey conditions were documented using digital photographs and field notes. The majority of the site consisted of garages and automobile repair facilities. The existing ground cover was completely hardscaped, and visibility of native soil was almost non-existent. The developed nature of the project site suggests that it has been previously excavated. No historic or prehistoric artifacts, cultural resources, or raw materials commonly used in the manufacture of tools (e.g., obsidian, Franciscan chert, etc.) were found within the project site. Pedestrian survey photos for the project site can be found in Appendix D.

Native American Heritage Commission
On August 20, 2021, FCS contacted the NAHC to determine whether any sacred sites were located within the project site or its vicinity. A response was received on September 9, 2021, indicating that the Sacred Lands File search produced a positive result for Native American cultural resources in the project area. The NAHC included a list of nine tribal representatives available for consultation. To ensure that all Native American knowledge and concerns over potential Tribal Cultural Resources (TCRs) that may be affected by the proposed project are addressed, a letter containing project information was sent to each tribal representative on September 14, 2021. FCS received a response

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Assembly Bill 52
Assembly Bill (AB) 52 was signed into law on September 25, 2014, and provides that any public or private “project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment.” TCRs include “[s]ites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are eligible for inclusion in the CRHR or included in a local register of historical resources.” Under prior law, TCRs were typically addressed under the umbrella of “cultural resources,” as discussed above. AB 52 formally added the category of “tribal cultural resources” to CEQA and extends the consultation and confidentiality requirements to all projects, rather than just projects subject to Senate Bill (SB) 18.

The parties must consult in good faith, and consultation is deemed concluded when either: (1) the parties agree to measures to mitigate or avoid a significant impact on a TCR (if such a significant impact exists); or (2) when a party concludes that mutual agreement cannot be reached. Mitigation measures agreed upon during consultation must be recommended for inclusion in the environmental document. AB 52 also identifies mitigation measures that may be considered to avoid significant impacts if there is no agreement on appropriate mitigation. Recommended measures include:
 Preservation in place
 Protecting the cultural character and integrity of the resource  Protecting the traditional use of the resource
 Protecting the confidentiality of the resource
 Permanent conservation easements with culturally appropriate management criteria In compliance with AB 52, the City distributed letters to Native American tribes that have previously requested notification for AB 52 consultation, notifying each tribe of the opportunity to consult with the City regarding the proposed project. Consultation letters were mailed on November 23, 2021.

The tribes have 30 days from receipt of the letter to respond to the City’s consultation invitation. At the time of this publication, no response has been received.

Cultural Resources
Would the project:
a) Cause a substantial adverse change in the significance of a historical resource as pursuant to Section 15064.5?
Less than significant impact with mitigation incorporated.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would only relate to new electronic billboard requirements and regulations.

The Ordinance would not involve changes to the existing environment and subsequent billboards

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Proposed Electronic Billboard
CEQA Guidelines Section 15064.5 defines “historical resources” as resources listed in the CRHR, a local register, determined significant by the Lead Agency, or determined to be eligible by the California Historical Resources Commission for listing in the CRHR. The criteria for eligibility are generally set by the National Historic Preservation Act of 1966, which established the NRHP, and which recognizes properties that are significant at the federal, State, and local levels. To be eligible for listing in the NRHP and CRHR, a district, site, building, structure, or object must possess integrity of location, design, setting, materials, workmanship, feeling, and association relative to American history, architecture, archaeology, engineering, or culture. In addition, unless the property possesses exceptional significance, it must be at least 50 years old to be eligible.

The results of the NWIC record search indicated that there are two recorded historical resources within a 0.5-mile radius of the project area, none of which are located in the project site itself. No additional unrecorded historical resources were found during the pedestrian survey of the project site. FCS therefore considers the potential for the proposed project to have an adverse effect on historical resources to be low.

While unlikely, subsurface construction activities always have the potential to destroy or damage previously undiscovered historical resources. Historic resources can include wood, stone, foundations, and other structural remains; debris-filled wells or privies; and deposits of wood, glass, ceramics, and other refuse. Accordingly, implementation of MM CUL-1 would reduce potential impacts to historic resources that may be discovered during project construction to a less than significant level.
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
Less than significant impact with mitigation incorporated.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would only relate to new electronic billboard requirements and regulations.

The Ordinance would not involve changes to the existing environment and subsequent billboards would be subject to environmental review prior to approval. Analysis specific to the construction of the proposed electronic billboard is discussed below.

Proposed Electronic Billboard
Section 15064.5 of the CEQA Guidelines defines significant archaeological resources as resources that meet the criteria for historical resources, as discussed above, or resources that constitute unique archaeological resources. A project-related significant adverse effect could occur if a project were to affect archaeological resources that fall under either of these categories.

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c) Disturb any human remains, including those interred outside of formal cemeteries? Less than significant impact with mitigation incorporated.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would only relate to new electronic billboard requirements and regulations.

The Ordinance would not involve changes to the existing environment and subsequent billboards would be subject to environmental review prior to approval. Analysis specific to the construction of the proposed electronic billboard is discussed below.

Proposed Electronic Billboard
The proposed project would require subsurface construction activities. While it is highly unlikely that human remains exist within or near the project site, there is always a possibility that subsurface construction activities associated with the proposed project, such as grading or trenching, could potentially damage or destroy previously undiscovered human remains. In the event of the accidental discovery or recognition of any human remains, CEQA Guidelines Section 15064.5, Health and Safety Code Section 7050.5, and Public Resources Code Sections 5097.94 and 5097.98 must be followed. MM CUL-2 further specifies the procedures to follow in the event human remains are uncovered. Along with compliance with required guidelines and statutes, implementation of MM CUL-2 would reduce potential impacts on human remains to a less than significant level.

Tribal Cultural Resources
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
d) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k), or Less than significant impact with mitigation incorporated.

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The proposed Ordinance would only relate to new electronic billboard requirements and regulations.

The Ordinance would not involve changes to the existing environment and subsequent billboards would be subject to environmental review prior to approval. Analysis specific to the construction of the proposed electronic billboard is discussed below.

Proposed Electronic Billboard
A review of the CRHR, local registers of historic resources, and NWIC record search results failed to identify any previously listed TCRs that may be adversely affected by the proposed project. However, the NAHC Sacred Lands File did produce a positive result for TCRs within the project area. The NAHC included a list of nine tribal representatives available for consultation. To ensure that all Native American knowledge and concerns over potential TCRs that may be affected by the proposed project are addressed, a letter containing project information was sent to each tribal representative on September 14, 2021. FCS received a response from the Tamien Nation deferring to other tribes in the area regarding potential TCRs that may be affected by the project. Should any undiscovered TCRs be encountered during project construction, implementation of MM CUL-1 and MM CUL-2, which address cultural resources monitoring and inadvertent discovery of human remains, would reduce potential impacts on TCRs to a less than significant level. e) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

Less than significant impact with mitigation incorporated. In compliance with AB 52, the City distributed letters to Native American tribes that have previously requested notification for AB 52 consultation, notifying each tribe of the opportunity to consult with the City regarding the proposed project. Consultation letters were mailed on November 23, 2021. The tribes have 30 days from receipt of the letter to respond to the City’s consultation invitation. As of the date of this document, no responses had been received. Should any undiscovered TCRs be encountered during project construction, implementation of MM CUL-1 and MM CUL-2, which address cultural resources monitoring and inadvertent discovery of human remains, would reduce potential impacts on TCRs to a less than significant level.

Mitigation Measures
MM CUL-1 An Archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards for archaeology should be present to monitor initial phases of ground disturbance. This may be followed by regular periodic or “spot-check” archaeological monitoring as determined by the Archaeologist. In the event a potentially significant cultural resource is encountered during subsurface earthwork activities, all construction activities within a 100-foot radius of the find shall cease and workers should avoid altering the materials until an Archaeologist who meets the Secretary

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The qualified Archaeologist shall make recommendations to the Lead Agency on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. Potentially significant cultural resources include, but are not limited to, stone, bone, glass, wood, or shell artifacts or features, including hearths, structural remains, or historic dumpsites. Any previously undiscovered resources found during construction within the project site shall be recorded on appropriate California Department of Parks and Recreation (DPR) 523 forms and will be submitted to the City of Gilroy, the Northwest Information Center (NWIC), and the California Office of Historic Preservation (OHP), as required.

MM CUL-2 In the event of an accidental discovery or recognition of any human remains, Public Resource Code Section 5097.98 must be followed. In this instance, once projectrelated earthmoving begins and if there is accidental discovery or recognition of any human remains, the following steps shall be taken:

There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the Santa Clara County Coroner is contacted to determine whether the remains are Native American and if an investigation of the cause of death is required. If the Coroner determines the remains to be Native American, the Coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours, and the NAHC shall identify the person or persons it believes to be the “most likely descendant” of the deceased Native American. The most likely descendant may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resource Code Section 5097.98, or
Where the following conditions occur, the landowner or his/her authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity either in accordance with the recommendations of the most likely descendant or on the project area in a location not subject to further subsurface disturbance:
 The NAHC is unable to identify a most likely descendant or the most likely descendant failed to make a recommendation within 48 hours after being notified by the NAHC;
 The descendant identified fails to make a recommendation; or  The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the NAHC fails to provide measures acceptable to the landowner.

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2.6 Energy
Would the project:
a) Result in potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
b) Conflict with or obstruct a State or local plan for
renewable energy or energy efficiency?
Environmental Evaluation
Setting
Energy Basics
Energy use, especially through fossil fuel consumption and combustion, relates directly to environmental quality since it can adversely affect air quality and generate GHG emissions that contribute to climate change. Electrical power is generated through a variety of sources, including fossil fuel combustion, hydropower, wind, solar, biofuels, and others. Natural gas is widely used to heat buildings, prepare food in restaurants and residences, and fuel vehicles, among other uses. Fuel use for transportation is related to the fuel efficiency of cars, trucks, and public transportation; choice of different travel modes such as auto, carpool, and public transit; and miles traveled by these modes, and generally based on petroleum-based fuels such as diesel and gasoline. Electric vehicles may not have any direct emissions but do have indirect emissions via the source of electricity generated to power the vehicle. Construction and routine operation and maintenance of transportation infrastructure also consume energy.

Would the project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less than significant impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would only relate to new electronic billboard requirements and regulations.

The Ordinance would not involve changes to the existing environment and subsequent billboards would be subject to environmental review prior to approval. Analysis specific to the construction of the proposed electronic billboard is discussed below.

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A discussion of the proposed project’s energy use is presented below. Energy use consumed by the proposed project is primarily based on comparison with similar electronic billboard development projects and empirical studies which are publicly available. For the purpose of this energy analysis, the anticipated operational electricity consumption relies on information provided by the applicant.

Energy calculations and supporting information are included as part of Appendix B of this Draft IS/MND.

Construction
During construction, the proposed project would result in energy consumption through the combustion of fossil fuels in construction vehicles, worker commute vehicles, and construction equipment, and the use of electricity for temporary buildings, lighting, and other sources. No natural gas would be utilized as part of construction. Fossil fuels used for construction vehicles and other energy-consuming equipment would be used during grading, paving, and building construction activities. The types of equipment could include gasoline- and diesel-powered construction and transportation equipment, including trucks, bulldozers, frontend loaders, forklifts, and cranes. Other equipment could include electrically driven equipment such as pumps and other tools.

Based on the California Emissions Estimator Model (CalEEMod) estimates for the proposed project, (see modeling output files in Appendix B), construction-related worker vehicle trips would consume an estimated 103 gallons of diesel and gasoline, combined, and construction-related equipment would consume an estimated 739 gallons of diesel and gasoline, combined, during project construction. Additionally, single-wide mobile office trailers, generally ranging in size from 160 square feet to 720 square feet, are commonly used in construction staging areas. The use of a 720- square-foot construction trailer would consume approximately 779 kilowatt-hours (kWh) during the 23-day construction schedule (see Appendix B for calculations).

Limitations on idling of vehicles and equipment and requirements that equipment be properly maintained would result in fuel savings. California Code of Regulations Title 13, Sections 2449(d)(3) and 2485 limit idling from both on-road and off-road diesel-powered equipment and are enforced by the ARB. In addition, given the cost of fuel, contractors and owners have a strong financial incentive to avoid wasteful, inefficient, and unnecessary consumption of energy during construction.

Because of the temporary nature of construction and the financial incentives for developers and contractors to implement energy-efficient practices, project construction activities would not result in wasteful, inefficient, and unnecessary consumption of energy. Therefore, the construction-related impact related to fuel and electricity consumption would be less than significant.

Operation
Electricity and Natural Gas
Building operations for the proposed project would involve energy consumption for lighting and cooling fans. Based on applicant-provided information, the proposed two-sided LED billboard would be operated 24 hours per day, 365 days per year, which would result in an estimated 52,400 kWh.

The proposed project is not anticipated to result in wasteful, inefficient, or unnecessary electricity

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Fuel
Long-term operational energy consumption related to fuel consumption would be very minimal because the only vehicle trips would be from irregular and infrequent maintenance vehicle trips.

Maintenance vehicle trips associated with the proposed project are anticipated to occur once every 1 to 2 months at most and would not result in wasteful, inefficient, or significant energy use. This impact would be less than significant.
b) Conflict with or obstruct a State or local plan for renewable energy or energy efficiency? Less than significant impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would only relate to new electronic billboard requirements and regulations.

The Ordinance would not involve changes to the existing environment and subsequent billboards would be subject to environmental review prior to approval. Analysis specific to the construction of the proposed electronic billboard is discussed below.

Proposed Electronic Billboard
A discussion of the proposed project’s potential to conflict with or obstruct a State or local plan for renewable energy or energy efficiency is presented below.

Construction
As described above, construction activities would involve energy consumption in various forms and would be limited by California regulations such as California Code of Regulations Title 13, Sections 2449(d)(3) and 2485 which limit idling from both on-road and off-road diesel-powered equipment and are enforced by the ARB. The proposed project would be required to comply with these regulations. There are no renewable energy standards applicable to construction activities for the proposed project.

Thus, it is anticipated that construction of the proposed project would not conflict with any applicable plan, policy, or regulation adopted for the purpose of reducing energy use or increasing the use of renewable energy. Therefore, impacts would be less than significant.

Operation
Additionally, the proposed project would consume electricity delivered by a California utility during operation. According to SB 100, California’s renewable portfolio standard (RPS) requires that 100 percent of electricity retail sales in California be sourced with renewable energy sources by 2045.

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In addition, the proposed project would be designed and constructed in accordance with the applicable State’s Title 24 energy efficiency standards. Part 11, Chapter 4 and 5 of the State Title 24 energy efficiency standards establishes mandatory measures for nonresidential buildings, including material conservation and resource efficiency. The proposed project would be required to comply with these mandatory measures and would be constructed in accordance with City standards. Thus, the proposed project would not conflict with any applicable plan, policy, or regulation adopted for the purpose of reducing energy use or increasing the use of renewable energy. This impact would be less than significant.

Mitigation Measures
None required.
16 State of California. Governor Edmund G. Brown. September 10, 2018. https://www.ca.gov/archive/gov39/wpcontent/uploads/2018/09/9.10.18-Executive-Order.pdf. Accessed September 13, 2021.

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2.7 Geology and Soils
Would the project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the
project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction
or collapse?
d) Be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building Code (1994), creating
substantial direct or indirect risks to life or property? e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater
disposal systems where sewers are not available for
the disposal of wastewater?
f) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
feature?
Environmental Evaluation
Setting
According to the Gilroy General Plan, the three major active faults that cross the County of Santa Clara include the San Andreas, Calaveras, and Hayward Faults.

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\\ORG-SRVR\Depts$\COMDEV\PLANNING\Applications\Zoning Amendment\2018\Z 18-04 Electronic Billboards\CEQA\Draft IS-MND\ISMND_06272022 (modified exhibits).docx The Calaveras Fault is approximately 4.1 miles east of the project site and the San Andreas Fault is approximately 7.2 miles southwest of the project site. The Hayward Fault is over 30 miles north of the project site. The Carnadero Fault runs through the City. It has not been defined as active by the USGS, but the County of Santa Clara has mapped Fault Rupture Zones along the Fault.17 The project site is located within a seismically active region and strong ground shaking would be expected during the lifetime of the project, which could damage future improvements on the site and expose people to injury. Since the City of Gilroy lies primarily within a seismically active zone, the three major nearby earthquake faults have produced earthquakes throughout recorded history (approximately 200 years) in the City.18 Although the City of Gilroy’s risk associated with these faults is minor to moderate, the California Building Standards Code (CBC) contains special standards and regulations to ensure construction will be designed to withstand seismic activity. The City is located within Seismic Zone D, which is expected to experience significant effects from earthquakes, and which requires stringent standards for seismic design.19 Seismic-related ground failure most commonly occurs in areas underlain by loose, unconsolidated (e.g., sandy soils) and high groundwater levels. According to City of Gilroy 2040 General Plan EIR, the project site is not located within a State-designated Liquefaction Hazard Zone; however, the nearest liquefaction zone is approximately 900 feet east of the project site.20 The liquefaction hazard areas in the City are along Uvas Creek and Llagas Creek. There are small landslide hazard areas in the northwestern and southwestern areas of the City.21
Would the project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.

Less than significant impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance includes regulations for height, sign area, and permitted locations of electronic billboards.

The closest active faults to the City are the San Andreas, Calaveras, and Hayward Faults. Both the San Andreas and Calaveras Faults are defined as “active” by the State Department of Conservation. The Carnadero Fault runs through the City. It has not been defined as active by the USGS, but the County 17 City of Gilroy. 2020. Gilroy 2040 General Plan EIR. 3.6 Geologic Hazards. Website:
https://www.cityofgilroy.org/DocumentCenter/View/11308/Draft-EIR-Gilroy-2040-General-Plan-?bidId=. Accessed September 22, 2021. 18 City of Gilroy. 2020. City of Gilroy 2040 General Plan, Potential Hazards Element. Page PH-6. 19 City of Gilroy. 2020. City of Gilroy 2040 General Plan Draft EIR. Page 3-188. 20 City of Gilroy. 2020. City of Gilroy 2040 General Plan Draft EIR. Page 3-185. 21 City of Gilroy. 2020. Gilroy 2040 General Plan, Potential Hazards. Page PH-6.

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\\ORG-SRVR\Depts$\COMDEV\PLANNING\Applications\Zoning Amendment\2018\Z 18-04 Electronic Billboards\CEQA\Draft IS-MND\ISMND_06272022 (modified exhibits).docx of Santa Clara has mapped Fault Rupture Zones along the Fault.22 However, proposed locations of electronic billboards are not located within the Fault Rupture Zone.23 Furthermore, all electronic billboards approved under the proposed Ordinance would be required to adhere to the the most recently adopted California Building Code and would be subject to environmental review prior to approval. Therefore, impacts would be less than significant.

Proposed Electronic Billboard
The project site would not be located within the Fault Rupture Zone.24 To ensure the installation of the billboard is conducted safely, construction and design would be undertaken using standard engineering and seismic safety design techniques in accordance with the the most recently adopted California Building Code. As such, impacts would be less than significant. ii) Strong seismic ground shaking?
Less than significant impact.

Proposed Electronic Billboard Ordinance
As previously described in Impact 2.7(a)(i), the entirety of the City of Gilroy is near three major active faults. All billboards approved under the proposed Ordinance would be required to adhere to the most recently adopted California Building Code. As such, impacts regarding strong seismic ground shaking would be less than significant.

Proposed Electronic Billboard
As described in the setting subsection above, the project site is located within a seismically active region and strong ground shaking would be expected during the lifetime of the proposed project. To avoid or minimize potential damage from seismic shaking, the proposed project shall be subject to standard engineering and seismic safety design techniques set forth in the most recently adopted California Building Code. Therefore, the impacts would be less than significant. iii) Seismic-related ground failure, including liquefaction? Less than significant impact.

Proposed Electronic Billboard Ordinance
As described above, the proposed Ordinance would include regulations for height, sign area, and permitted locations of electronic billboards. Electronic billboards approved under the proposed Ordinance would be subject to regulations set forth in the most recently adopted California Building Code and would be subject to environmental review prior to approval. Impacts regarding seismicrelated ground failure, including liquefaction, is concluded to be less than significant. 22 City of Gilroy. 2020. Gilroy 2040 General Plan EIR. 3.6 Geologic Hazards. Website:
https://www.cityofgilroy.org/DocumentCenter/View/11308/Draft-EIR-Gilroy-2040-General-Plan-?bidId=. Accessed September 22, 2021. 23 County of Santa Clara Department of Planning and Development. 2020. Geological Maps and Data. Fault Rupture Hazard Zones.

Website: https://www.sccgov.org/sites/dpd/OrdinancesCodes/GeoHazards/Pages/GeoMaps.aspx. Accessed September 22, 2021. 24 Ibid.

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Liquefaction is the result of seismic activity and is characterized as the transformation of loosely water-saturated soils from a solid state to a liquid state after ground shaking. Variables that contribute to liquefaction include age of the soil, soil type, soil cohesion, soil density, and groundwater level. Soils most susceptible to liquefaction are loose, uniformly graded, fine-grained sands. As mentioned in the setting, the City of Gilroy has liquefaction hazard areas along Uvas Creek and Llagas Creek–these areas are not located within the project site. The Llagas Creek Liquefaction Hazard Zone is approximately 900 feet east of the project site. The proposed project is subject to the most recently adopted California Building Code to ensure the proposed billboard would be designed to withstand seismic activity. This impact is concluded to be less than significant. iv) Landslides?
Less than significant impact.

Proposed Electronic Billboard Ordinance
As described above, the proposed Ordinance would include regulations for height, sign area, and permitted locations of electronic billboards. As described above, there are small landslide hazard areas in the northwestern and southwestern parts of the City.25 However, most of the area along US101 and SR-152 is not located in a landslide hazard. All electronic billboards approved under the proposed Ordinance would be subject to regulations set forth in the most recently adopted California Building Code. Impacts are concluded to be less than significant.

Proposed Electronic Billboard
Small landslide hazard areas in the steep, hilly terrain occur in the northwestern and southwestern areas of the City. Potential landslide hazard areas do not occur in the vicinity of the project site. The project site is relatively flat and surrounded by development. Thus, landslide-related impacts would be less than significant.
b) Result in substantial soil erosion or the loss of topsoil? Less than significant impact.

Proposed Electronic Billboard Ordinance
General Plan Policy PH 2.6 requires that all new development proposals include a site plan detailing appropriate methods of erosion and deposition control during site development and subsequent use.26 Standard construction practices would be followed to minimize soil erosion during construction. Impacts would be less than significant.

Proposed Electronic Billboard
Construction of the electronic billboard would include limited excavation for the installation of the electronic billboard structure. The amount of ground disturbance is estimated to be approximately 25 City of Gilroy. 2020. Gilroy 2040 General Plan, Potential Hazards. Page PH-6. 26 City of Gilroy. 2020. Gilroy 2040 General Plan, Potential Hazards. Page PH-7.

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Impacts would be less than significant.
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
Less than significant impact.

Proposed Electronic Billboard Ordinance
Refer to subsections 2.7a through 2.7c.

Proposed Electronic Billboard
Refer to subsections 2.7a through 2.7c.
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Less than significant impact.

Proposed Electronic Billboard Ordinance
According to the City of Gilroy 2040 General Plan EIR, most soils within the Urban Growth Boundary of the City are characterized as having a moderate or high shrink-swell potential. The City’s Municipal Code requires a soils investigation as part of proposed development applications. All electronic billboards approved under the proposed Ordinance would be required to adhere to the the most recently adopted California Building Code regulations. As such, no impacts would occur regarding expansive soil creating substantial direct or indirect risks to life or property.

Proposed Electronic Billboard
The proposed project would involve the construction of a new electronic billboard along US-101. The proposed project would not be intended for human occupancy, which precludes substantial risks to life or property as a result of expansive soils. According to the Web Soil Survey by the United States Department of Agriculture, the project site is not located on expansive soil.27 The proposed project would be compliant with all applicable State and local requirements. Therefore, the impact associated with expansive soils would be less than significant. 27 United States Department of Agriculture. Web Soil Survey. Website: http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm.

Accessed July 19, 2021.

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Proposed Electronic Billboard Ordinance
New electronic billboards resulting from the Ordinance would not utilize septic tanks or alternative wastewater disposal systems. As such, no impacts would occur.

Proposed Electronic Billboard
The proposed project does not propose to use septic tanks or alternative wastewater disposal systems. Construction of the electronic billboard would include limited excavation for the installation and foundation of the billboard structure. As a result, no impact would occur. f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
No impact.

Proposed Electronic Billboard Ordinance
No known paleontological resources have been discovered in the City of Gilroy.28 All electronic billboard projects would undergo separate environmental review including paleontological investigation. As such, there would be no impacts.

Proposed Electronic Billboard
The proposed project would require limited excavation for the installation of a new electronic billboard structure. According to the paleontological records search result for the proposed project (Appendix E), no significant paleontological resources or geologic features are expected to be encountered during the project’s construction phase due to the disturbed nature of the site and the limited amount of excavation that would be required to implement the project. Therefore, no impact would occur.

Mitigation Measures
None required.
28 City of Gilroy. 2020. City of Gilroy 2040 General Plan DEIR. Page 3-151.

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2.8 Greenhouse Gas Emissions
Would the project:
a) Generate greenhouse gas emissions, either directly
or indirectly, that may have a significant impact on
the environment?
b) Conflict with any applicable plan, policy or regulation adopted for the purpose of reducing the emissions
of greenhouse gases?
Environmental Evaluation
Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Less than significant impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would only relate to new electronic billboard requirements and regulations.

The updated text would not involve changes in the existing environment and subsequent billboards would be subject to environmental review prior to approval. Analysis specific to the construction of the proposed billboard is discussed below.

Proposed Electronic Billboard
The proposed project is located in the San Francisco Bay Area Air Basin, which is regulated by the BAAQMD. Projects generate GHG emissions during construction and operation (e.g., mobile emissions, emissions from generation of electricity for operations, and emissions of from the manufacturing and transport of building materials). The BAAQMD’s project-level significance thresholds for operational GHG emissions were deemed appropriate to use when determining the proposed project’s potential GHG impacts. The thresholds suggested by the BAAQMD for projectlevel operational GHG generation are as follows:
 Compliance with a qualified GHG Reduction Strategy,
 1,100 metric tons carbon dioxide equivalent (MT CO2e) per year, or  4.6 MT CO2e per service population (residents plus employees) per year.

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\\ORG-SRVR\Depts$\COMDEV\PLANNING\Applications\Zoning Amendment\2018\Z 18-04 Electronic Billboards\CEQA\Draft IS-MND\ISMND_06272022 (modified exhibits).docx The BAAQMD’s recommended thresholds of significance listed above were established based on meeting the 2020 GHG reduction targets set forth in the AB 32 Scoping Plan.29 AB 32 requires that Statewide GHG emissions be reduced to 1990 levels by 2020; however, in 2016, SB 32 extended California’s GHG reduction programs beyond 2020. SB 32 contains language to authorize the ARB to achieve a Statewide GHG emission reduction of at least 40 percent below 1990 levels by no later than December 31, 2030. ARB approved the 2017 California's Climate Change Scoping Plan update,30 which outlines the proposed framework of action for achieving the 2030 GHG target of 40 percent reduction in GHG emissions relative to 1990 levels.

Because the proposed project would be constructed after 2020, the BAAQMD quantitative thresholds of significance listed above was adjusted to a “substantial progress” threshold that was calculated based on the SB 32 target of 40 percent below 1990 levels (i.e., 60 percent of 1990 levels).

Therefore, the mass emission threshold of significance applied in this analysis is 660 MT CO2e per year (1,100 x 0.60 = 660). If operation of the proposed project would generate GHG emissions that exceed this significance threshold, the proposed project would be considered to have a significant impact related to GHG emissions.

Lastly, the BAAQMD does not have a recommended threshold of significance for constructionrelated GHG emissions, which are short-term emissions and therefore would not significantly contribute to the long-term cumulative GHG emissions impacts of the proposed project. To account for construction-related GHG emissions, construction emissions are converted to an average annual emissions amount by amortizing them over the anticipated service life of a building. For buildings in general, it is reasonable to look at a 30-year time frame, since this is a typical interval before a new building requires the first major renovation.31
In general, this analysis is restricted to GHGs identified by AB 32, which include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

Construction and operation of the proposed project are addressed separately below.

Construction GHG Emissions
During project construction, GHGs would be generated by construction activities such as site clearing, operation of heavy-duty construction vehicles, materials and debris hauling, paving, and construction worker vehicle trips. These emissions would be considered short-term in duration. The BAAQMD does not have an adopted threshold of significance for construction-related GHG emissions; however, the BAAQMD does recommend that lead agencies quantify, disclose, and provide a significance determination for construction-related GHG emissions. Therefore, the construction emissions presented herein are averaged over a 30-year anticipated lifetime for the project and added to the proposed project’s operational GHG emissions. 29 California Air Resources Board (ARB). 2008. Climate Change Scoping Plan. December. Website:
https://ww2.arb.ca.gov/sites/default/files/classic//cc/scopingplan/document/adopted_scoping_plan.pdf. Accessed September 13, 2021.
30 California Air Resources Board (ARB). 2017. California’s 2017 Climate Change Scoping Plan. Website:
https://ww2.arb.ca.gov/sites/default/files/classic//cc/scopingplan/scoping_plan_2017.pdf. Accessed March 18, 2021. 31 International Energy Agency (IEA). 2008, July. Energy Efficiency Requirements in Building Codes, Energy Efficiency Policies for New Buildings.

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\\ORG-SRVR\Depts$\COMDEV\PLANNING\Applications\Zoning Amendment\2018\Z 18-04 Electronic Billboards\CEQA\Draft IS-MND\ISMND_06272022 (modified exhibits).docx Construction emissions were estimated using CalEEMod (Version 2020.4.0). Construction assumptions used to estimate GHG emissions are consistent with those used to estimate air pollutant emissions, as described under Impact 2.3(b). Table 6 shows that GHG emissions generated by project construction were estimated to be approximately 6 MT CO2e, which is equal to less than 1 MT CO2e per year for the 30-year anticipate lifetime of the proposed project.

Table 6: Construction GHG Emissions
Construction Phase Total MT CO2e/year
Proposed New Electronic Billboard Site
Grading 1
Building Construction (Installation of Billboard) 4
Paving <1
Total Construction Emissions 6
Amortized over 30 Years <1
Notes:

Because of rounding, total MT CO2e may be marginally different from California Emissions Estimator Model (CalEEMod) Output.

MT CO2e = metric tons of carbon dioxide equivalents
Source: CalEEMod Output (Appendix B).

Operational GHG Emissions
Operational or long-term GHG emissions occur over the life of the proposed project. Sources for operational emissions include:
 Motor Vehicles: These emissions refer to tailpipe exhaust from the cars and trucks that would travel to and from the project site.
 Indirect Electricity: These emissions refer to those generated by off-site power plants to supply electricity required for the proposed project.
 Water Transport: These emissions refer to those generated by the electricity required to transport and treat the water to be used on the project site.  Waste: These emissions refer to the GHG emissions produced by decomposing waste generated by the proposed project.

Motor vehicle, water, and waste sources of GHG emissions would be negligible during operation. LED electronic billboards (programmable electronic signs) are subject to energy efficiency requirements under Title 24 of the California Code of Regulations. The billboard is required to be dimmable, which would reduce energy use and GHG emissions associated with the generation of electricity. The proposed new electronic billboard would be illuminated 24 hours per day, 365 days per year. The light levels emitted from the billboard would be set to adjust based on ambient light conditions at any given time (i.e., nighttime versus daytime). According to applicant-provided information, a typical Outfront Media billboard would result in an estimated annual electricity demand of 26,200

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Billboards require occasional upkeep and maintenance activities, which generate vehicle trips and resulting GHG emissions. These mobile source GHG emissions are difficult to quantify as no data is available at the time of this analysis to accurately represent these maintenance trips. As calculated and contained in Appendix B, electricity consumption resulting from operation of the proposed project would result in approximately 5 MT/year of CO2e. By incorporating the amortized annual GHG emissions to account for construction emissions, the proposed project would generate up to 6 MT CO2e per year. Additionally, the energy consumption calculations shown in Appendix B demonstrate that the project would not result in a substantial increase in electricity demand and resulting GHG emissions. The project’s expected net annual GHG emissions of approximately 6 MT CO2e/year would not exceed the 660 MT CO2e/year threshold, and therefore GHG impacts related to the operation of the proposed project would be less than significant. b) Conflict with any applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Less than significant impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would only relate to new electronic billboard requirements and regulations.

The updated text would not involve changes in the existing environment and subsequent billboards would be subject to environmental review prior to approval. Analysis specific to the construction of the proposed billboard is discussed below.

Proposed Electronic Billboard
The City of Gilroy has not adopted a qualified GHG reduction plan, but the City’s 2040 General Plan contains the Natural and Cultural Resources Element, which contains goals and policies to reduce energy consumption and GHG emissions. There are several policies related to energy, most of which relate to energy use in commercial or residential buildings. None of the policies would be directly applicable to operation of the proposed new electronic billboard. The 2017 Clean Air Plan is also applicable to the project because the project site is located within the BAAQMD planning area. As described in Impact 2.3(a), none of the control measures contained in the 2017 Clean Air Plan are applicable to the operation of electronic billboards. As discussed in Impact 2.3(b), the proposed project would implement all BMPs for construction activities and would be consistent with the assumptions in the AQP after implementation of MM AIR-1. Furthermore, the proposed project would not include any special features that would disrupt or hinder implementation of the AQP control measures.

The proposed project would not conflict with the policies, regulations, or guidelines in the City’s General Plan, Bay Area Clean Air Plan, or any other applicable plan, policy, or regulation adopted for the purpose of reducing GHG emissions. Furthermore, as discussed in Impact 2.7(a), the proposed

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Mitigation Measures
None required.

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Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

2.9 Hazards and Hazardous Materials
Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
the environment?
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project result in a safety hazard or
excessive noise for people residing or working in the
project area?
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
g) Expose people or structures, either directly or
indirectly to a significant risk of loss, injury or death involving wildland fires?
Environmental Evaluation
Setting
Permitted locations for the proposed electronic billboards would be property designated as General Services Commercial or City Gateway District, and located within 660 feet of US-101 and SR-152.

These areas contain commercial and industrial land uses. Vehicles could transport hazardous materials along US-101, SR-152, and adjacent roadways.

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\\ORG-SRVR\Depts$\COMDEV\PLANNING\Applications\Zoning Amendment\2018\Z 18-04 Electronic Billboards\CEQA\Draft IS-MND\ISMND_06272022 (modified exhibits).docx According to the Hazardous Waste and Substances Site List from the Department of Toxic Substances Control (DTSC), there are no known Cortese List (§ 65962.5(a)), sites located in the City of Gilroy.32 The Cortese List contains hazardous waste and substance sites including public drinking water wells with detectable levels of contamination, sites with known underground storage tanks (USTs) having a reportable release, solid waste disposal facilities from which there is a known migration, hazardous substance sites selected for remedial action, historic Cortese sites, and sites with known toxic material identified through the abandoned site assessment program.

Specific to the proposed billboard site, the nearest potential hazardous site is the Garden Valley Foods cleanup site (T0608500013) located approximately 0.5-mile northwest of the site at 7050 Monterey Street. Its cleanup status is complete as of 2013.33 The closest airport to the project site is Frazier Lake Airport, located approximately 5.5 miles southeast of the project site.

Would the project:
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
Less than significant impact.

Proposed Electronic Billboard Ordinance
The Ordinance would not involve changes to the existing environment and subsequent billboards would be subject to environmental review prior to approval. All electronic billboards approved under the proposed Ordinance would be required to conform to Title 49 of the Code of Federal Regulations as well as United States Department of Transportation (USDOT), State of California, and local laws, ordinances, and procedures. As such, the proposed Ordinance would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. No impact would occur.

Proposed Electronic Billboard
Construction of the proposed electronic billboard may involve the use, transport, and disposal of hazardous materials such as gasoline, diesel fuel, lubricating oil, hydraulic oil, lubricating grease, automatic transmission fluid, paints, solvents, glues, and other substances typically used during construction. Construction of the electronic billboard would also require the use of gasoline- and diesel-powered heavy equipment such as bulldozers, backhoes, water pumps, and air compressors. 32 EnviroStor. 2021. DTSC Hazardous Waste and Substances Site List. Website:
https://www.envirostor.dtsc.ca.gov/public/search.asp?page=1&cmd=search&business_name=&main_street_name=&city=&zip=&c ounty=&status=ACT%2CBKLG%2CCOM&branch=&site_type=CSITES%2COPEN%2CFUDS%2CCLOSE&npl=&funding=&reporttitle=HAZ ARDOUS+WASTE+AND+SUBSTANCES+SITE+LIST&reporttype=CORTESE&federal_superfund=&state_response=&voluntary_cleanup= &school_cleanup=&operating=&post_closure=&non_operating=&corrective_action=&tiered_permit=&evaluation=&spec_prog=&n ational_priority_list=&senate=&congress=&assembly=&critical_pol=&business_type=&case_type=&searchtype=&hwmp_site_type= &cleanup_type=&ocieerp=&hwmp=False&permitted=&pc_permitted=&inspections=&complaints=&censustract=&cesdecile=&scho ol_district=&orderby=upper%28business%5Fname%29. Accessed July 20, 2021. 33 California State Water Resources Control Board (State Water Board). 2021. GeoTracker–Garden Valley Foods (T0608500013).

Website: https://geotracker.waterboards.ca.gov/profile_report.asp?global_id=T0608500013. Accessed July 20, 2021.

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Any handling of hazardous materials would be limited in both quantity and concentrations.

Furthermore, project implementation would be required to conform to Title 49 of the Code of Federal Regulations, USDOT, State of California, and local laws, ordinances, and procedures.

Operation of the project would require sporadic maintenance, but this maintenance would not involve the use of any hazardous materials with the potential to significantly impact the public.

Therefore, impacts would be less than significant.
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Less than significant impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would not involve changes to the existing environment and subsequent billboards would be subject to environmental review prior to approval. All electronic billboards approved under the proposed Ordinance would be required to conform to Title 49 of the Code of Federal Regulations as well as USDOT, State of California, and local laws, ordinances, and procedures.

As such, the proposed Ordinance would not create hazards to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. No impact would occur.

Proposed Electronic Billboard
As described above, construction activities would require the use and transport of potentially hazardous materials including oils and combustible fuels, but would not be stored in large quantities on-site. The applicant and its contractors would be required to comply with all relevant local, State, and federal regulations related to the handling, transport, and storage of hazardous materials.

Disturbance of on-site soils at the project site would be limited to soil removal in the immediate area required to install a foundation for the electronic billboard. Operation of the proposed project, which entails the changing of messages on electronic billboard faces and sporadic maintenance by a de minimis number of workers and trucks, would not involve the use of any hazardous materials with the potential to significantly impact the public. Thus, impacts associated with the release of hazardous materials into the environment through reasonably foreseeable upset and accident conditions would be less than significant.
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Less than significant impact.

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All electronic billboards approved under the proposed Ordinance would be required to conform to Title 49 of the Code of Federal Regulations, USDOT, State of California, and local laws, ordinances, and procedures. While the construction of electronic billboards may involve the use of hazardous substances, conformance with these regulations would reduce the impacts of these hazardous substances. In addition, electronic billboards would only be permitted on properties designated as General Services Commercial or City Gateway District and would not be sited on school properties.

As such, the proposed Ordinance would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste near an existing or proposed school. Impacts would be less than significant.

Proposed Electronic Billboard
As described above, construction of the proposed project would involve the use of some hazardous materials. However, there are no schools within one-quarter mile of the project site. The nearest school to the project site is Eliot Elementary School located approximately 0.75 mile north of the site. The proposed project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substance, or waste within 0.25 mile of an existing or proposed school. Thus, impacts would be less than significant.
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
No impact.

Proposed Electronic Billboard Ordinance
Government Code Section 65962.5 refers to the Hazardous Waste and Substances Site List, commonly known as the Cortese List, maintained by the DTSC. As discussed in the setting subsection above, the results of the database search determined there are currently no Cortese sites located on or in the City of Gilroy. Subsequent billboards would also undergo environmental review which would analyze impacts related to hazardous material sites. No impact would occur.

Proposed Electronic Billboard
As discussed above, there are no Cortese sites located on or in the vicinity of the project site. The EnviroStor database indicated that there are no known Cortese sites located within the City.34 As a result, no impact would occur.
34 EnviroStor. 2021. DTSC Hazardous Waste and Substances Site List. Website:
https://www.envirostor.dtsc.ca.gov/public/search.asp?page=1&cmd=search&business_name=&main_street_name=&city=&zip=&c ounty=&status=ACT%2CBKLG%2CCOM&branch=&site_type=CSITES%2COPEN%2CFUDS%2CCLOSE&npl=&funding=&reporttitle=HAZ ARDOUS+WASTE+AND+SUBSTANCES+SITE+LIST&reporttype=CORTESE&federal_superfund=&state_response=&voluntary_cleanup= &school_cleanup=&operating=&post_closure=&non_operating=&corrective_action=&tiered_permit=&evaluation=&spec_prog=&n ational_priority_list=&senate=&congress=&assembly=&critical_pol=&business_type=&case_type=&searchtype=&hwmp_site_type= &cleanup_type=&ocieerp=&hwmp=False&permitted=&pc_permitted=&inspections=&complaints=&censustract=&cesdecile=&scho ol_district=&orderby=upper%28business%5Fname%29. Accessed July 20, 2021.

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\\ORG-SRVR\Depts$\COMDEV\PLANNING\Applications\Zoning Amendment\2018\Z 18-04 Electronic Billboards\CEQA\Draft IS-MND\ISMND_06272022 (modified exhibits).docx e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? No impact.

Proposed Electronic Billboard Ordinance
As stated previously, electronic billboards would only be permitted on properties designated as General Commercial Services and Gateway District, which are more than 2 miles from Frazier Lake Airport. Therefore, no impact would occur.

Proposed Electronic Billboard
As previously discussed, the project site is located further than 2 miles from the closest airport.

Therefore, no impact would occur.
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Less than significant impact.

Proposed Electronic Billboard Ordinance
The City actively participates in maintenance protocols outlined in the 2017 Santa Clara County Operational Area Hazard Mitigation Plan which the City of Gilroy adopted in 2018.35 The 2017 Santa Clara County’s Operational Area Hazard Mitigation Plan does not include evacuation routes, however, US-101 would a serve as an evacuation route in case of emergency. All billboards approved under the proposed Ordinance would be required to conform to Title 49 of the Code of Federal Regulations, USDOT, State of California, and local laws, ordinances, and procedures.

Additionally, the City of Gilroy 2040 General Plan EIR determined that jurisdictions within the County would adhere to the adopted Santa Clara County Operational Area Emergency Operations Plan which outlines response protocols for emergencies. The proposed Ordinance itself would not impede an emergency response plan. The construction of electronic billboards resulting from the proposed Ordinance may have the potential to physically interfere with an emergency response or evacuation plan. However, each proposed electronic billboard would undergo environmental review prior to approval to ensure impacts related to emergency response are properly analyzed and mitigated. As such, impacts would be less than significant.

Proposed Electronic Billboard
The proposed project would not interfere with any adopted emergency response plan or emergency evacuation plan. Though project plans for construction are unknown at this time, it is anticipated that the potential electronic billboard could, as a worst-case scenario, involve a temporary roadway closure at the project site location on Automall Parkway. As a result, impacts would be less than significant.
35 Santa Clara County. Santa Clara County Operational Area Hazard Mitigation Plan – Volume I. 2017.

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Less than significant impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would allow up to two billboards to be constructed within 660 feet of US101 and SR-152. All possible locations for electronic billboards are within an urbanized area and therefore not located near or in the vicinity of wildlands. Therefore, impacts would be less than significant.

Proposed Electronic Billboard
There are no wildlands located within or near the project site. Therefore, the proposed project would not expose people or structures either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires. The project site has an extensive history of development with minimal landscaping. Therefore, no impacts would be less than significant.

Mitigation Measures
None required.

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Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

2.10 Hydrology and Water Quality
Would the project:
a) Violate any water quality standards or waste
discharge requirements or otherwise substantially
degrade surface or groundwater quality?
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge
such that the project may impede sustainable
groundwater management of the basin?
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of
the course of a stream or river or through the
addition of impervious surfaces, in a manner which
would:
(i) result in substantial erosion or siltation on- or
off-site;
(ii) substantially increase the rate or amount of
surface runoff in a manner which would result
in flooding on- or off-site;
(iii) create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted
runoff; or
(iv) impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation?
e) Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?
Environmental Evaluation
Setting
The project area is urbanized and is primarily covered with impervious surfaces in the form of buildings, paved roadways, and paved lots. Within the City of Gilroy, annual average rainfall is approximately 20 inches.36 The existing local stormwater network collects precipitation and provides 36 City of Gilroy. n.d. Community Profile. Website: https://www.cityofgilroy.org/355/AboutGilroy#:~:text=Nestled%20at%20the%20southern%20end%20of%20the%20Santa,with%20an%20average%20rainfall%20of%20abo ut%2020%20inches. Accessed July 21, 2021.

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\\ORG-SRVR\Depts$\COMDEV\PLANNING\Applications\Zoning Amendment\2018\Z 18-04 Electronic Billboards\CEQA\Draft IS-MND\ISMND_06272022 (modified exhibits).docx drainage within the project area. The only surface bodies of water that exists in the surrounding project area is the Llagas Creek, located approximately 1.23 miles to the northeast. No surface bodies of water traverse the project site. The project site is paved and therefore impervious.

Would the project:
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality?
Less than significant impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would only relate to new electronic billboard requirements and regulations.

The proposed amendment would not involve changes to the existing environment. All electronic billboards approved under the proposed Ordinance would be required to conform to the Gilroy Municipal Code and the Water Conservation Ordinance37, as well as federal, State, and local laws, ordinances, and procedures. Therefore, impacts would be less than significant.

Proposed Electronic Billboard
Construction of the proposed electronic billboard would involve minimal ground disturbance at the project site. Construction activities could allow surface water to carry small quantities of pollutants (e.g., oil or fuel used in construction equipment) off-site, thereby potentially affecting local waterways by degrading water quality, however, the proposed project would involve construction activities for short durations and would not substantially affect water quality standards. Excavated soils would be hauled to a landfill and no exposed soils would remain on-site. As such, a limited amount of soil would be exposed during the brief construction period associated with excavation activities. Construction of the proposed project would result in less than significant impacts related to water quality standards.

Once the proposed electronic billboard is constructed, the site would be repaved, and the impervious surface area would be consistent with current conditions. Once constructed, the proposed project would not affect water quality or result in a violation of waste discharge requirements. Proper operation and maintenance of the electronic billboards would continue to ensure that such structures do not contribute pollutants to stormwater runoff. Therefore, impacts would be less than significant.
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Less than significant impact.
37 City of Gilroy. 2016. Water Conservation Ordinance (Ordinance No. 2016-15). Website:
https://www.cityofgilroy.org/DocumentCenter/View/6145/Ordinance-2016-15?bidId=. Accessed November 29, 2021.

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All electronic billboards approved under the proposed Ordinance would be required to conform to the Gilroy Municipal Code and the Water Conservation Ordinance38, as well as federal, State, and local laws, ordinances, and procedures. Furthermore, operation of electronic billboards typically does not involve the use of water or groundwater sources. Therefore, impacts would be less than significant.

Proposed Electronic Billboard
The proposed project would not utilize groundwater sources, and there would not be a need to drill wells to supply water. The installation of a new electronic billboard would not add to existing impervious surface conditions since it would be located in an existing paved area. Operation of the proposed project would not impact groundwater supplies or interfere with groundwater recharge.

Therefore, no impact would occur.
c) Substantially alter the existing drainage pattern of area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
(i) result in substantial erosion or siltation on- or off-site; Less than significant impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would not cause substantial erosion or siltation. Typically, the construction of electronic billboards does not involve a significant amount of ground disturbance. Furthermore, General Plan Policy PH 2.6 requires that all new development proposals include a site plan detailing appropriate methods of erosion and deposition control during site development and subsequent use.39 Thus, impacts would be less than significant.

Proposed Electronic Billboard
The project site is currently paved and consists of impervious surfaces. Construction of the billboard’s foundation structure would result in a limited footprint area, which would not result in substantial erosion or siltation on- or off-site. Therefore, the impact would be less than significant. (ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site;
Less than significant impact.

Proposed Electronic Billboard Ordinance
As previously stated, the proposed Ordinance would allow for the construction of up to two electronic billboards in the City of Gilroy, which would not substantially increase the amount of 38 Ibid.
39 City of Gilroy. 2020. Gilroy 2040 General Plan, Potential Hazards. Page PH-7.

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Proposed Electronic Billboard
As previously stated, the electronic billboard’s foundation structure would have a limited construction footprint area. Construction of the electronic billboard would not substantially impact the amount of runoff from the site nor increase the impervious surface area compared to existing conditions. Therefore, project implementation would not substantially increase the rate of runoff water that would result in flooding on- or off-site. Impacts would be less than significant. (iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or
Less than significant impact.

Proposed Electronic Billboard Ordinance
All electronic billboards approved under the proposed Ordinance would be required to conform to the Gilroy Municipal Code and the Water Conservation Ordinance,40 as well as federal, State, and local laws, ordinances, and procedures. Additionally, this amendment would allow for the construction of up to two electronic billboards in the City of Gilroy, which would not create a substantial amount of runoff water. Subsequent billboards would require environmental review which would analyze and mitigate any potential surface runoff. Impacts would be less than significant.

Proposed Electronic Billboard
As previously stated, the project site is currently paved, and the electronic billboard foundation would have a limited construction footprint area, which would not substantially impact the amount of runoff from the site nor increase the impervious surface area, compared to existing conditions.

Therefore, project implementation would not substantially contribute to runoff water, which would exceed the capacity of existing drainage systems or provide sources of polluted runoff. Impacts would be less than significant.
(iv) impede or redirect flood flows?
No impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would not impact on flood flows. The Urban Growth Boundary of the City includes areas located within the 100-year Federal Emergency Management Agency (FEMA) floodplains. The following areas within the Urban Growth Boundary are located within the 100-year floodplain: Open Space in proximity to Uvas Creek and Llagas Creek, General Industrial, Employment 40 City of Gilroy. 2016. Water Conservation Ordinance (Ordinance No. 2016-15). Website:
https://www.cityofgilroy.org/DocumentCenter/View/6145/Ordinance-2016-15?bidId=. Accessed November 29, 2021.

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Proposed Electronic Billboard
The FEMA flood maps identify areas that are prone to flooding. The project site corresponds to Flood Insurance Rate Map (FIRM) 06085C0756H,41 and is designated as Flood Zone AH (1 percent annual chance of shallow flooding where average depths are between one and three feet). Although the project site is located within a flood hazard zone, the proposed project would not change the amount of impervious surfaces compared with current conditions. The project would have a small footprint and would not have an impact on flows. Therefore, impacts would be less than significant. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? Less than significant impact.

Proposed Electronic Billboard Ordinance
Tsunami inundation would not occur because the project site and the City is over 15 miles east of the Pacific Ocean. A seiche is a seismically or wind-induced wave on an enclosed body of water such as a lake or reservoir. There are no lakes within the City. Therefore, impacts related to the release of pollutants due to project inundation would be less than significant.

Proposed Electronic Billboard
As discussed above, although the project site is located within Flood Zone AH, the proposed project would include minimal ground disturbance during the construction period and would be repaved post-construction. Therefore, impacts related to the release of pollutants due to project inundation would be less than significant.
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Less than significant impact.

Proposed Electronic Billboard Ordinance
All electronic billboards approved under the proposed Ordinance would be required to conform to the City of Gilroy’s 2040 General Plan policies and the Gilroy Municipal Code, as well as State of California, and local laws, ordinances, and procedures. The proposed billboard ordinance would not conflict with an existing water quality control plan or sustainable groundwater management plan. As a result, no impact would occur.
41 Federal Emergency Management Agency (FEMA). 2020. FEMA Flood Map Service Center. Website:
https://msc.fema.gov/portal/search#searchresultsanchor. Accessed July 21, 2021.

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The proposed project would result in minimal ground disturbance at the project site. Development of the project site would not substantially change the amount of impervious surface area and there would be no change in impervious surface area at the site, which is already paved. Furthermore, the electronic billboard would not utilize any materials or equipment that could lead to surface water pollution. Therefore, the proposed project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. Impacts would be less than significant.

Mitigation Measures
None required.

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2.11 Land Use and Planning
Would the project:
a) Physically divide an established community?
b) Cause a significant environmental impact due to a
conflict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating an
environmental effect?
Environmental Evaluation
Setting
Under the proposed Ordinance, up to two electronic billboards would be allowed in the City.

Permitted locations for the proposed billboards would be property designated as General Services Commercial or City Gateway District, and located within 660 feet of US-101 and SR-152. These locations are within an established urban community that has a history of development. The proposed electronic billboard site is currently developed and located on Automall Parkway, adjacent to US-101.

Would the project:
a) Physically divide an established community?
No impact.

Proposed Electronic Billboard Ordinance
The physical division of an established community typically refers to the construction of a physical feature, such as an interstate highway or railroad tracks, or removal of a means of access, such as a local road or bridge, that would impair mobility within an existing community or between a community and outlying area. The electronic billboards would only be allowed on properties designated as General Services Commercial or City Gateway District and would be located within 660 feet of US-101 and SR-152. It is the intent of the proposed Ordinance to facilitate the development of electronic billboards and to allow them only in areas that would complement or serve the existing commercial area within the City. Thus, electronic billboards would not be permitted in areas where they would create a division in an established community. No impact would occur.

Proposed Electronic Billboard
The proposed electronic billboard would be located on a parcel designated General Services Commercial and is surrounding by industrial uses. The proposed billboard would not physically divide an established community, nor would it impair mobility within an existing community.

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b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Less than significant impact.

Proposed Electronic Billboard Ordinance
The City of Gilroy’s Sign Ordinance does not currently address electronic billboards and no electronic billboards exist within the city limits. The proposed project would create a new Ordinance and revise existing City Code Sections 30.37.30 (Prohibited Signs), 30.37.50 (Commercial and Industrial districts), and 30.37.51 (Freeway Oriented Signs) to allow electronic billboards. The proposed Ordinance would allow up to two electronic billboards within city limits. The proposed amendments to the Sign Ordinance would ensure conformity with the proposed Ordinance. Therefore, impacts would be less than significant.

Proposed Electronic Billboard
The proposed electronic billboard would be subject to additional stipulations including height and size of sign face. Per the proposed Ordinance, the electronic billboards shall not exceed a maximum height of 75 feet above grade and shall have a maximum electronic billboard area of 672 square feet per side. The sign face display would not be allowed to change more often than every 8 seconds, and messages would be static (i.e., not moving or animated). The minimum permitted distance between electronic billboards shall be 1.5 miles.

The proposed billboard structure would be 60 feet in height. The displays on the billboard would be mounted on a supporting column that would be approximately 51 feet tall. The billboard frame would be 14 feet high and 48 feet wide. These measurements would be in conformance with the proposed Ordinance. In addition, the proposed project would be subject to the Caltrans Outdoor Advertising Act and Section 5403(g) of the Business and Professions Code. The project’s compatibility with these standards would minimize impacts that could potentially affect policies or regulations that were adopted to avoid or mitigate environmental effects. Thus, impacts would be less than significant.

Mitigation Measures
None required.

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2.12 Mineral Resources
Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and
the residents of the State?
b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
Environmental Evaluation
Setting
The City of Gilroy 2040 General Plan does not identify any mineral deposits or resources. Therefore, the project area does not support mineral extraction activities and the project site does not contain nor is it adjacent to any mineral deposits.

Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State?
No impact.

Proposed Electronic Billboard Ordinance
As previously stated, the Gilroy 2040 General Plan does not identify any mineral resources or deposits. With no mineral deposits located in the City, the proposed Ordinance would not result in the loss of a known mineral resource that would be of value to the region and the residents of the State. No impact would occur.

Proposed Electronic Billboard
The project site does not support mineral extraction activities and no known mineral deposits exist within the project site. Therefore, implementation of the proposed project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State. No impact would occur.
b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No impact.

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As previously discussed in Impact 12(a), the Gilroy 2040 General Plan does not identify any mineral resources or deposits in the City. Therefore, the proposed Ordinance would not result in the loss of availability of a locally important mineral resource recovery site delineated on a general plan or other land use plan. No impact would occur.

Proposed Electronic Billboard
The project site does not support any mineral extraction activities, and no known mineral deposits exist within the project site. Therefore, implementation of the proposed project would not result in the loss of availability of a locally important mineral recovery site delineated in a local general plan, specific plan, or other land use plan. No impact would occur.

Mitigation Measures
None required.

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Impact
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Impact with
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2.13 Noise
Would the project result in:
a) Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable
standards of other agencies?
b) Generation of excessive groundborne vibration or
groundborne noise levels?
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a
plan has not been adopted, within two miles of a
public airport or public use airport, would the
project expose people residing or working in the
project area to excessive noise levels?
Environmental Evaluation
Setting
The proposed new electronic billboard site is located adjacent to US-101, which is a major highway.

The consistent use of this roadway by vehicles results in steady ambient noise levels.

Characteristics of Noise
Noise is defined as unwanted sound. Sound levels are usually measured and expressed in decibels (dB), with 0 dB corresponding roughly to the threshold of hearing. Most of the sounds that we hear in the environment do not consist of a single frequency, but rather a broad band of frequencies, with each frequency differing in sound level. The intensities of each frequency add together to generate a sound. Noise is typically generated by transportation, specific land uses, and ongoing human activity.

The standard unit of measurement of the loudness of sound is the dB. The 0 point on the dB scale is based on the lowest sound level that the healthy, unimpaired human ear can detect. Changes of 3 dB or less are only perceptible in laboratory environments. A change of 3 dB is the lowest change that can be perceptible to the human ear in outdoor environments. While a change of 5 dBA is considered to be the minimum readily perceptible change to the human ear in outdoor environments.

Since the human ear is not equally sensitive to sound at all frequencies, the A-weighted decibel scale (dBA) was derived to relate noise to the sensitivity of humans, it gives greater weight to the frequencies of sound to which the human ear is most sensitive. The A-weighted sound level is the basis for a number of various sound level metrics, including the day/night sound level (Ldn) and the

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Regulatory Framework
The proposed billboard site is located within the City of Gilroy. The City of Gilroy addresses noise in the Potential Hazards Element of the General Plan42 and in the City Municipal Code.43 City of Gilroy 2040 General Plan
The Potential Hazards Element includes standards to provide compatible noise environments for new development or redevelopment projects and to control excessive noise exposure of existing developments. Noise-related goals, policies, actions, and standards provided in the Potential Hazards Element provide the basis for decision-making on determining land use compatibility with noise sources associated with the proposed project, as well as mitigation requirements.

The Potential Hazards Element policies that address noise include Policy PH 6.4, which requires that mitigation measures shall be required for new development projects that exceed the following criteria:
 Cause the Ldn of a residential area to exceed 60 dBA44 outdoors or 45 dBA indoors.  Cause the Ldn of a commercial area to exceed 65 dBA outdoors or 61 dBA indoors.  Cause the Ldn of an industrial area to exceed 76 dBA outdoors. For indoors industrial areas, a noise level of 65 dBA is not to be exceeded more than 10 percent of the time, while a noise level of 60 dBA is not to be exceeded more than 50 percent of the time.

Furthermore, General Plan Policy PH 6.10 requires that proposed development projects assess potential construction noise impacts on nearby sensitive uses and to minimize impacts on those uses, to the extent feasible. General Plan Policy 6.12 requires that mitigation measures be implemented to ensure that no vibration-related damage or disturbance to structures of sensitive receptors would occur. It also requires that proposed residential and commercial projects located within 200 feet of existing major freeways conduct a ground vibration noise evaluation consistent with City-approved methodologies.

General Plan Policy 6.11 requires that all construction be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday and 9:00 a.m. to 7:00 p.m. on Saturdays. 42 City of Gilroy. 2020. City of Gilroy 2040 General Plan. Website: https://www.cityofgilroy.org/DocumentCenter/View/11309/Gilroy2040-General-Plan-39-MB?bidId=. Accessed August 6, 2021. 43 City of Gilroy. 2021. Gilroy City Code. Website: https://www.codepublishing.com/CA/Gilroy/. Accessed August 6, 2021. 44 The Outdoor sound levels for residential properties shall be held to 60-dBA LDN, or a maximum of 70-dBA if all of the following findings can be made: (1) That feasible sound attenuation measures have been incorporated in the project design; (2) That potential noise levels are part of the developer’s disclosure to future residents; (3) That interior noise limits established by the General Plan are strictly maintained; and (4) Potential noise levels will not jeopardize the health, safety, and general welfare of the public.

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Zoning Ordinance Section 30.41.31 also outlines Maximum Outdoor Noise Levels for residential, commercial, and industrial land uses. The City Code states that for commercial and industrial noise impacting residentially zone properties, noise is limited to a maximum of 70 dBA (L10) measured at the residential property line.

Section 16.38 of the City Code states that construction activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday and 9:00 a.m. to 7:00 p.m. on Saturday. Construction activities shall not occur on Sundays or City holidays.

Would the project result in:
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
Less than significant impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would only relate to new electronic billboard requirements and regulations.

The Ordinance would not involve changes to the existing environment and subsequent billboards would be subject to environmental review prior to approval. Analysis specific to the construction of the proposed electronic billboard is discussed below.

Proposed Electronic Billboard
Short-term Construction Noise Impacts. For purposes of this analysis, a significant impact would occur if construction activities would result in a substantial temporary increase in ambient noise levels outside of the permissible hours for construction (7:00 a.m. to 7:00 p.m., Monday through Friday, and 9:00 a.m. to 7:00 p.m. on Saturdays) that would result in annoyance or sleep disturbance of nearby sensitive receptors.

The proposed electronic billboard would be located at the northwestern corner of the 6400 block of Automall Parkway. This location does not currently contain an existing billboard, so as part of the project a new sign would be constructed which would result in ground disturbance within the project boundaries.

The site preparation phase, which includes excavation and foundation construction activities, would generate the highest noise levels, because that is the phase in which the noisiest construction equipment would operate at the site. The heaviest types of construction equipment expected to be used in construction of this project include an auger drill rig, a backhoe, and a crane. The use of impact equipment, such as pile drivers, is not expected to be used during construction of the project. According to the FHWA Highway Construction Noise Handbook, the typical maximum noise level generated by an auger drill rig is assumed to be 85 dBA Lmax at 50 feet from this equipment.

Each backhoe would generate 80 dBA Lmax at 50 feet. The maximum noise level generated by cranes is approximately 85 dBA Lmax at 50 feet.

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The nearest residential receptors to the proposed construction boundaries are the single-family residences located approximately 1,795 feet west of the project boundary. At this distance, reasonable worst-case construction noise levels from operation of the crane as measured at the nearest residential property line would attenuate to below 54 dBA Lmax intermittently when the crane equipment is operating at maximum power. These noise levels would not result in annoyance or sleep disturbance of these residential sensitive receptors.

All of these reasonable worst-case construction noise levels would be intermittent as the equipment would typically only operate at full power for 2- to 3-minutes at a time. These noise levels would not be considered substantial and would not be expected to result in any perceptible increase in the ambient noise levels as measured at this nearest sensitive receptor. Furthermore, the proposed project shall comply with Noise Ordinance Section 16.38, which states that construction activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday and 9:00 a.m. to 7:00 p.m. on Saturday and that construction activities shall not occur on Sundays or City holidays.

Therefore, the effect of construction activity on hourly or daily ambient noise levels, as measured at the nearest sensitive receptors, would not result in a substantial increase in ambient noise levels in excess of established standards, and impacts would be less than significant.

Long-term Operational Noise Impacts The proposed new electronic billboards are not designed to emit any sound, and the proposed project would not generate any regular vehicle trips. Therefore, the proposed project would not generate a substantial permanent increase in ambient noise levels in the vicinity of the project. No impact would occur.
b) Generation of excessive groundborne vibration or groundborne noise levels? Less than significant impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would only relate to new electronic billboard requirements and regulations.

The Ordinance would not involve changes to the existing environment and subsequent electronic billboards would be subject to environmental review prior to approval. Analysis specific to the construction of the proposed electronic billboard is discussed below.

Proposed Electronic Billboard
A significant impact would occur if the proposed project would generate groundborne vibration or groundborne noise levels in excess of applicable standards. Policy 6.12 of the General Plan requires a vibration impact assessment for proposed development projects in which heavy-duty construction equipment would be used within 200 feet of an existing structure or sensitive receptor. Policy 6.13 of

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Short-term Construction Vibration Impacts.

For purposes of this analysis, a significant impact would occur if the proposed project would generate groundborne vibration or groundborne noise levels in excess of the FTA impact assessment criteria for construction (0.2 in/sec peak particle velocity [PPV] for non-engineer timber and masonry buildings).

Of the variety of equipment that would be used during construction, cranes would produce the greatest groundborne vibration levels. Cranes can produce groundborne vibration levels ranging up to 0.051 in/sec PPV at 25 feet from the operating equipment.46 Impact equipment (e.g., pile drivers) is not expected to be used during construction of the proposed project.

The project location does not currently contain an existing sign, so, as part of the project, a new sign would be constructed which would result in ground disturbance within the project boundaries.

The crane used to install the new billboard could operate as close as 145 feet from the nearest façade of any existing structure within or adjacent to the project boundaries. At this distance, groundborne vibration levels from operation of the crane would attenuate to approximately 0.07 in/sec PPV. This is well below the FTA’s damage threshold criteria of 0.2 in/sec PPV for adjacent structures, buildings of non-engineered timber and masonry construction. Therefore, impacts resulting from construction-related groundborne vibration levels would be less than significant.

Operational Vibration Impacts.

Implementation of the project would not include any permanent sources of vibration that would expose persons in the project vicinity to groundborne vibration levels that could be perceptible without instruments at any existing sensitive land use in the vicinity of the project site. Therefore, operational groundborne vibration impacts would be less than significant. c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No impact.
45 Federal Transit Administration (FTA). 2018. Transit Noise and Vibration Impact Assessment Manual. September. 46 Federal Highway Administration (FHWA). 2006. Highway Construction Noise Handbook. August.

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The proposed Ordinance would only relate to new electronic billboard requirements and regulations.

The Ordinance would not involve changes to the existing environment and subsequent billboards would be subject to environmental review prior to approval. Analysis specific to the construction of the proposed electronic billboard is discussed below.

Proposed Electronic Billboard
A significant impact would occur if the proposed project would expose people residing or working in the project area to excessive noise levels for a project located in the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport.

The project site is not located within the vicinity of a private airstrip. The closest airport to the project site is Frazier Lake Airport, located approximately 5.5 miles southeast of the project site. The project sites are also not located within the 65 dBA CNEL airport noise contours of any public or public use airport. As such, operation of the project would not expose people working at the project site to excessive noise levels associated with public airport or public use airport noise. Therefore, no impact related to exposure of persons residing or working at the project site to excessive noise levels associated with airport activity would occur.

Mitigation Measures
None required.

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2.14 Population and Housing
Would the project:
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new
homes and businesses) or indirectly (for example,
through extension of roads or other infrastructure)?
b) Displace substantial numbers of existing people or
housing, necessitating the construction of
replacement housing elsewhere?
Environmental Evaluation
Setting
According to the California Department of Finance, the City of Gilroy’s estimated population for 2021 is 56,599.47
Would the project:
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
No impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would not involve construction of homes or the extension of infrastructure.

Therefore, the updated Ordinance would not induce population growth directly or indirectly.

Therefore, no impact would occur.

Proposed Electronic Billboard
The construction of an electronic billboard would not involve construction of homes or the extension of infrastructure. Therefore, the proposed project would not induce population growth directly or indirectly. No impact would occur.
b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
No impact.
47 Department of Finance. 2021. E-1 Population Estimates for Cities, Counties, and the State–January 1, 2020, and 2021. https://dof.ca.gov/Forecasting/Demographics/Estimates/e-1/. Accessed July 6, 2021.

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The proposed Ordinance would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere, and no impact would occur.

Proposed Electronic Billboard
The proposed electronic billboard would be located on a parcel designated as General Services Commercial. The parcel is currently used for truck trailer parking, auto repair businesses, and a gas station. No housing units exist on-site. Therefore, project implementation would not displace any existing housing or people or necessitate the construction of replacement housing elsewhere. No impact would occur.

Mitigation Measures
None required.

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Impact
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Impact
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Impact

2.15 Public Services
Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
a) Fire protection?
b) Police protection?
c) Schools?
d) Parks?
e) Other public facilities?
Environmental Evaluation
Setting
Fire services in the City of Gilroy are provided by the Gilroy Fire Department (GFD). Law enforcement services are provided by the City of Gilroy Police Department.48 The project site is located within the Gilroy Unified School District. There are no fire, police, schools, or other public facilities located on the proposed electronic billboard project site.

Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
a) Fire protection?
Less than significant impact.

Proposed Electronic Billboard Ordinance
All electronic billboards approved under the proposed Ordinance would be constructed in conformance with the CBC, the California Electrical Code, and the California Fire Code in order to reduce potential fire hazards. The proposed Ordinance would not increase demand for fire protection and would not result in the need for new or physically altered facilities. Therefore, impacts would be less than significant.
48 City of Gilroy. 2020. City of Gilroy General Plan–Public Facilities and Services. Page PFS-14-15.

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The GFD is located at 7070 Chestnut Street, approximately 1.2 miles north of the project site.

Electronic billboards present a potential fire hazard due to thermal heat that accumulates in the screen system. Therefore, the proposed project may increase demand for fire protection at the project site. However, the proposed electronic billboard would be constructed in conformance with the most recently adopted California Building Code, California Electrical Code, and the California Fire Code, which would reduce potential fire hazards. As such, the proposed electronic billboard would not adversely impact service ratios, response times, or other GFD performance standards and thus, would not result in the need for new or expanded fire protection facilities. Impacts would be less than significant.
b) Police protection?
Less than significant impact.

Proposed Electronic Billboard Ordinance
As stated previously, the proposed Ordinance would not result in an increase in population and therefore, would not increase the demand for police protection. No impact would occur.

Proposed Electronic Billboard
The Gilroy Police Department is located approximately 1.6 miles northwest of the project site at 7301 Hanna Street. The proposed project would not result in an increase in population. Although the new electronic billboard could create a potential site for graffiti and a limited incremental increase in need for police services, impacts would be less than significant. c) Schools?
No impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would not directly or indirectly increase the population and, thus, would not increase demand for school facilities. Therefore, no impact would occur.

Proposed Electronic Billboard
The proposed project is served by the Gilroy Unified School District. The proposed project would not result in an increase in population, and thus would not result in an increased demand for school facilities. No impact would occur.
d) Parks?
No impact.

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The proposed Ordinance would not directly or indirectly increase the population and thus, would not increase demand for parks or recreational facilities. No impact would occur.

Proposed Electronic Billboard
The proposed project would not result in an increase in population, and thus would not result in an increased demand for existing park facilities. Therefore, this project would not necessitate the construction of new parks facilities. No impact would occur. e) Other public facilities?
No impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would not directly or indirectly increase the population and, thus, would not increase demand for other public facilities. No impact would occur.

Proposed Electronic Billboard
The proposed project would not result in an increase in population, and thus would not result in an increased demand for other public facilities. Therefore, this project would not necessitate the construction of new public facilities. No impact would occur.

Mitigation Measures
None required.

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Impact with
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Impact
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2.16 Recreation
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
b) Does the project include recreational facilities or
require the construction or expansion of recreational
facilities, which might have an adverse physical
effect on the environment?
Environmental Evaluation
Setting
The project site is located in an urbanized, developed environment that is adjacent to US-101. The closest park or recreational facility is Gilroy Sports Park, located approximately 0.6 mile from the project site.
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
No impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would not lead to an increase in population or long-term employment, and, therefore, the proposed project would not increase the use of existing neighborhood and regional parks or other recreational facilities. No impact would occur.

Proposed Electronic Billboard
The proposed project involves the construction of an electronic billboard in an industrial area. The proposed electronic billboard would not generate new residents that could increase the demand and use of nearby parks or recreational facilities. Thus, no impact would occur. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? No impact.

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The proposed Ordinance would not result in any housing development and would not result in any long-term employment opportunities that would potentially increase the demand for recreational facilities and services. Therefore, the proposed project would not include recreational facilities or require the construction or expansion of recreational facilities. No impact would occur.

Proposed Electronic Billboard
As discussed above in Impact 2.16(a), the proposed project that would construct an electronic billboard in an industrial area. It would not generate new residents or create long-term employment opportunities that could increase the demand and use of nearby parks. Therefore, construction or expansion of recreational facilities would not be required. No impact would occur.

Mitigation Measures
None required.

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Impact
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Impact with
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Impact
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Impact

2.17 Transportation
Would the project:
a) Conflict with a program plan, ordinance or policy of the circulation system, including transit, roadway,
bicycle and pedestrian facilities?
b) Would the project conflict or be inconsistent with
CEQA Guidelines Section 15064.3, subdivision (b)?
c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
d) Result in inadequate emergency access?
Environmental Evaluation
Setting
The project site is between Automall Parkway and US-101 in the City of Gilroy.

Would the project:
a) Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
Less than significant impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would only relate to new electronic billboard requirements and regulations.

The updated text would not involve changes in the existing environment. Analysis specific to the construction of the proposed billboard is discussed below.

Proposed Electronic Billboard
Construction-related traffic, including truck and construction worker trips, would be minimal and would not substantially affect traffic conditions during the short duration of project construction. A crane used for the construction of the proposed electronic billboard and other construction activities would be staged on the project site and would not affect the public right-of-way. Because the electronic billboard would not require manual change of images comparably to static billboards, it is anticipated that maintenance trips would be less frequent and of shorter duration. These trips would occur only as needed (less than once per month and likely only one vehicle). Therefore, the proposed project would not increase traffic congestion on the surrounding roadways or freeways or

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Proposed Electronic Billboard Ordinance
The proposed Ordinance (Article LV) would include new regulations related to electronic billboards while amendments to Code Sections 30.37.30 (Prohibited Signs), 30.37.50 (Commercial and Industrial Districts), and 30.37.51 (Freeway Oriented Signs) would allow electronic billboards in accordance with the new Ordinance. The proposed Ordinance would allow up to two electronic billboards within city limits. The proposed Ordinance would not directly or indirectly have an impact on transportation guidelines set forth in CEQA Section 15064.3, subdivision (b).

Proposed Electronic Billboard
According to CEQA Guidelines Section 15064.3, subdivision (b)(1), Vehicle Miles Traveled (VMT) exceeding an applicable threshold of significance may indicate a significant impact. Generally, projects within 0.5-mile of either an existing major transit stop or a stop along an existing high quality transit corridor should be presumed to cause a less than significant transportation impact.

Projects that decrease VMT in the project area compared to existing conditions should be considered to have a less than significant transportation impact. Because of the nature of the proposed project, there would be a negligible change in the traffic distribution over existing conditions. CEQA Guidelines Section 15064.3 subdivision (b)(2) focuses on impacts that result from certain transportation projects. The proposed project is not a transportation project. Therefore, no impact would occur.

CEQA Guidelines Section 15064.3 subdivision (b)(3) and (b)(4) focuses on the evaluation of a project's VMT. The only vehicle trips that would be generated would be those during construction of the new electronic billboard, which would involve negligible traffic, generated largely during off-peak hours. In terms of project operation, periodic maintenance would be required at the project site, which would also generate negligible traffic. As a result, the proposed project would not result in a conflict or be inconsistent with Section 15064.3 subdivision (b) of the CEQA Guidelines No impact would occur.
c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less than significant impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would not require the alternation or construction of existing roadways or driveways and, thus, would not have impact related to sharp curves or dangerous intersections.

Therefore, impacts would be less than significant.

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The proposed project would not require the alteration or construction of roadways, and no impact related to sharp curves or dangerous intersections would occur. The proposed electronic billboard would be required to adhere to Caltrans Outdoor Advertising Act requirements and OAAA recommendations that govern illumination so as not to interfere with drivers’ visibility. Furthermore, in accordance with the Ordinance, electronic billboards would have a required minimum distance of

1.5 miles between billboard construction sites. These requirements are designed to reduce hazards from electronic billboards to the drivers on the surrounding roadways at the project site. Thus, the impacts would be less than significant.
d) Result in inadequate emergency access?
Less than significant impact.

Proposed Electronic Billboard Ordinance
With adherence to procedures in the 2017 Santa Clara County Operational Area Hazard Mitigation Plan adopted by the City of Gilroy, the proposed project would not conflict with the General Plan safety policies. Therefore, impacts that would result in inadequate emergency access would be less than significant.

Proposed Electronic Billboard
The proposed electronic billboard would not block or interfere with emergency access. A crane used for the construction of the new electronic billboard would be staged on the project site and would not occur within public right-of-way. Additionally, with adherence to procedures in the 2017 Santa Clara County Operational Area Hazard Mitigation Plan, the proposed project would not conflict with the General Plan safety policies. Once the electronic billboard is operational, due to the nature of the project, the proposed electronic billboard would not have impacts related to emergency access.

Therefore, no impacts would occur.

Mitigation Measures
None required.

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Impact

2.18 Utilities and Service Systems
Would the project:
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or
stormwater drainage, electric power, natural gas, or
telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future
development during normal, dry and multiple dry
years?
c) Result in a determination by the wastewater
treatment provider which serves or may serve the
project that it has adequate capacity to serve the
project’s projected demand in addition to the
provider’s existing commitments?
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reduction goals?
e) Comply with federal, State, and local management
and reduction statutes and regulations related to
solid waste?
Environmental Evaluation
Setting
The City of Gilroy provides water for residential, commercial, industrial, governmental, and fire suppression uses. The City owns, operates, and maintains its own water distribution system and relies solely on groundwater for its current supply.

The City of Gilroy also owns and operates the wastewater collection system that serves the City and discharges wastewater flows to the South County Regional Wastewater Authority (SCRWA) treatment plant located in the unincorporated area adjacent to the southerly city limits of the City.49 In addition, the City owns and operates a single retention basin for its stormwater drainage system that serves the City.
49 City of Gilroy. 2020. City of Gilroy 2040 General Plan–Public Facilities and Services. Page PFS-8.

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Would the project:
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? No impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would not construct habitable structures, nor would it include the generation of solid waste or wastewater. The proposed Ordinance does not involve the generation or demand for a water supply. Therefore, no impact would occur.

Proposed Electronic Billboard
Stormwater runoff sheet flows to the street where it is collected by the local storm drain system.

Construction and operation of the proposed electronic billboard would require minimal demand on water, wastewater, stormwater, and other facilities due to the nature of the project, short-term duration of construction activities, small area of the project site, and unchanged permeable surface area. Therefore, relocation or construction of these facilities would not be required.

The proposed electronic billboard would use electrical power service that is provided by PG&E. The proposed project would not involve the construction of habitable structures in which occupants would generate a demand water and electricity or generate wastewater.

Furthermore, the proposed project is located on a developed site that already has electrical lines along Automall Parkway/Chestnut Street. Therefore, electrical lines and connections would not be constructed off-site. The proposed electronic billboard would be installed pursuant to current electrical codes, including Title 24 of the State Building Code. These standards would ensure that electrical energy would be used efficiently. No new or expanded electrical, natural gas, or telecommunications facilities would be required as a result of the proposed project. Thus, no impact would occur.
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years?
Less than significant impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would not generate demand for water. Therefore, no impact would occur.

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The proposed project would not create a demand for water during its operation. As previously mentioned, the proposed project would not construct habitable structures in which occupants would use water supplies. Construction and operation of the proposed project would not result in existing water systems exceeding capacity during normal, dry, or multiple dry years or require the construction of new facilities or expansion of existing facilities. Impacts would be less than significant.
c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
No impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would not generate demand for wastewater services and would not require the construction of or the expansion of new wastewater treatment facilities. Therefore, no impact would occur.

Proposed Electronic Billboard
The proposed project would not generate wastewater during its construction or operation.

Therefore, the proposed project would not generate demand for wastewater services and would not require the construction of new wastewater treatment facilities or expansion of existing facilities.

Thus, no impact would occur.
d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less than significant impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would not generate excess solid waste or impair the attainment of solid waste reduction goals. Therefore, no impact would occur.

Proposed Electronic Billboard
The proposed project would generate construction debris. The San Martin transfer station accepts construction debris. Minimal solid waste would be generated during operation at the project site. AB 939, the Integrated Waste Management Act, requires a 50 percent of diversion of solid waste from landfills. The Santa Clara Integrated Waste Management Plan is consistent with AB 939 with the countywide goal to be reduced by 50 percent. Additionally, Recology South Valley collects and then transfers solid waste and recyclables to the San Martin transfer station. The transfer station would have sufficient capacity to receive solid waste materials that are diverted for resource recovery. Total capacity for the John Smith Road Landfill in the City is 9.3 million cubic yards, as of 2018, the remaining capacity was 3.5 million cubic yards. The maximum permitted tonnage per day at the landfill is 1,000 tons. Therefore, through compliance of AB 939, the proposed project would not

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Less than significant impact.

Proposed Electronic Billboard Ordinance
The proposed Ordinance would be consistent with policies and actions stated in the Gilroy 2040 General Plan Public Facilities and Services Element. Therefore, impacts related to compliance with federal, State, and local management and reduction statutes and regulations would be less than significant.

Proposed Electronic Billboard
Solid waste disposal would follow the requirements of the franchised waste hauler (Recology South Valley), which must adhere to federal, State, and local statutes and regulations related to the collection of solid waste. As discussed above, the proposed project would comply with all State and local waste diversion requirements such as AB 939, AB 341, and SB 1016. The proposed project would also be consistent with policies and actions stated in the Gilroy 2040 General Plan Public Facilities and Services Element and the Gilroy Municipal Code regarding solid waste collection and disposal. As such, impacts would be less than significant.

Mitigation Measures
None required.

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Impact
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Impact with
Mitigation
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Impact
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Impact

2.19 Wildfire
If located in or near State Responsibility Areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to, pollutant concentrations from a
wildfire or the uncontrolled spread of a wildfire?
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel breaks,
emergency water sources, power lines or other
utilities) that may exacerbate fire risk or that may
result in temporary or ongoing impacts to the
environment?
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
Environmental Evaluation
Setting
According to the California Department of Forestry and Fire Protection (CAL FIRE), the City of Gilroy is not identified as a Very High Fire Hazard Severity Zone (VHFHSZ).50 The City of Gilroy is identified as a Local Responsibility Area (LRA) and a Non-VHFHSZ.

The City of Gilroy 2040 General Plan discusses that the City is susceptible to wildfires in the “wildland-urban interface” areas of Gilroy and could lead to heavy smoke conditions that may require emergency management. 51 The City actively participates in maintenance protocols outlined in the 2017 Santa Clara County Operational Area Hazard Mitigation Plan.52 Would the project:
50 California Department of Forestry and Fire Protection (CAL FIRE). 2007. Santa Clara County–Fire Hazard Severity Zones in SRA.

Website: https://osfm.fire.ca.gov/media/6766/fhszs_map43.pdf. Accessed July 7, 2021. 51 City of Gilroy. 2020. Gilroy 2040 General Plan, Potential Hazards. Page PH-8-9. 52 Santa Clara County. Santa Clara County Operational Area Hazard Mitigation Plan. 2017.

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Proposed Electronic Billboard Ordinance
The proposed Ordinance would include electronic billboard regulations for height, sign area, and permitted locations. The proposed amendment would not substantially impair an adopted emergency response plan or emergency evacuation plan. Thus, no impact would occur.

Proposed Electronic Billboard
According to CAL FIRE’s Fire Hazard Severity Zones map, the proposed electronic billboard would be located in an LRA. During construction, it is expected that construction equipment and vehicles would be accessing and leaving the project site, which could potentially impede evacuation or emergency vehicle access. The Gilroy 2040 General Plan does not identify any wildfire evacuation plans. US-101 would also serve as an evacuation route in case of emergency. Given there are several alternate routes that provide access to US-101, construction of the proposed project would not impede the evacuation route.

With adherence to procedures in the 2017 Santa Clara County Operational Area Hazard Mitigation Plan, the proposed project would not conflict with the Gilroy 2040 General Plan safety policies.

During operation, the proposed electronic billboard would not impair an adopted emergency response plan or emergency evacuation plan. Therefore, impacts related to emergency response and evacuation would be less than significant.
b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
Less than significant impact.

Proposed Electronic Billboard Ordinance
Regulations resulting from the proposed Ordinance would not exacerbate wildfire risks and, therefore, no impact would occur.

Proposed Electronic Billboard
The project site is not located in or near any a State Responsibility Area or a VHFHSZ. The area surrounding the project site is mostly industrial. The project site is surrounded by urban development and is relatively flat. The project site does not have steep terrain or any unmanaged open space area that would be prone to wildfires.

The 2017 Santa Clara County Operational Area Hazard Mitigation Plan indicates the western hillside area of the City is subject to special development controls that would help reduce potential loss of life and property in the event of a wildfire. However, the proposed electronic billboard would be

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In addition, the project site has not previously experienced wildfire. Given that the project site is not located in or near an area of steep terrain, the project site would not be prone to greater wildfire risk. Therefore, impacts would be less than significant. c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? Less than significant impact.

Proposed Electronic Billboard Ordinance
Regulations resulting from the proposed Ordinance would not require the installation or maintenance of associated infrastructure that may exacerbate fire risk or result in temporary or ongoing environmental impacts. Therefore, no impact would occur.

Proposed Electronic Billboard
The proposed project would not involve the installation of new roads or power lines. The proposed electronic billboards could include the installation of new utility lines such as electric. These utility lines would be located below ground surface on-site, which would reduce fire risk. Thus, impacts would be less than significant.
d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? No impact.

Proposed Electronic Billboard Ordinance
Regulations resulting from the proposed Ordinance would not expose people or structures to significant risks, including flooding or landslides. Therefore, no impact would occur from the proposed Ordinance.

Proposed Electronic Billboard
The project site is located within a flat, urbanized area and is not susceptible to landslides or flooding.

The project site is located in Flood Zone AH–which according to FEMA, refers to areas subject to inundation by 1 percent annual chance shallow flooding where average depths are between one and three feet.53 Therefore, the proposed project would not expose people or structures to significant risks as a result of runoff, post-fire slope instability, or drainage changes. No impact would occur. 53 Federal Emergency Management Agency (FEMA). 2020. National Flood Hazard Layer FIRMette–06085C0756H. Website:
https://msc.fema.gov/arcgis/rest/directories/arcgisjobs/nfhl_print/mscprintb_gpserver/jc95f026426cf4460928a50ad24e1e9bf/scra tch/FIRMETTE_b1949961-55dc-48d7-9452-5b67a8332148.pdf. Accessed August 11, 2021.

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None required.

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Impact
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2.20 Mandatory Findings of Significance
a) Does the project have the potential to substantially degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population to drop
below self-sustaining levels, threaten to eliminate a
plant or animal community, substantially reduce the
number or restrict the range of a rare or endangered
plant or animal, or eliminate important examples of
the major periods of California history or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
(“Cumulatively considerable” means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects, and
the effects of probable future projects)?
c) Does the project have environmental effects, which
will cause substantial adverse effects on human
beings, either directly or indirectly?
Environmental Evaluation
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? Less than significant impact with mitigation incorporated. The proposed Ordinance would only relate to new electronic billboard requirements and regulations. The Ordinance would not involve changes to the existing environment and subsequent electronic billboards would be subject to environmental review prior to approval. As related to the proposed electronic billboard, as described in Section 2.4, Biological Resources, the proposed project would not result in significant environmental impacts to wildlife or plant species. There are no known special-status species on the billboard construction site, though this analysis provides for mitigation in the event any nests are encountered and to avoid impacts on the Princeville Channel. The proposed project would be compliant with the SCVHP and required mitigation.

In addition, the proposed project would not adversely affect geology/soils or hydrology/water quality in any significant matter. The project includes mitigation and avoidance measures to reduce construction-related impacts related to historical and archaeological resources. Therefore, with

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Operation of the proposed project would involve the display of messages on a two-sided electronic billboard near US-101. Operation entails no noise production, minimal maintenance traffic, and no emissions. The project’s lighting would have the potential to cumulate with other reasonably foreseeable projects, but the proposed project’s lighting specifications (limiting operation to a maximum of 0.3 foot-candle at 250 feet) takes account of existing ambient lighting. Moreover, the brightness of the LED sign faces would be dimmable to reflect ambient light conditions. Separately, there are no reasonably foreseeable development projects in the immediate vicinities of the project site that would have lighting impacts that could cumulate with the proposed project’s lighting.

With respect to electricity usage, the LED lighting used in the proposed billboard would meet Title 24 requirements for energy efficiency. While the signs electricity usage is associated with off-site emissions where power is generated, the Draft IS/MNDs analysis of greenhouse gases demonstrate the proposed project falls well below applicable BAAQMD thresholds, which account for cumulative impacts of climate change. Therefore, the proposed project, because of its size and utilization of energy-efficient lighting, would not make a cumulatively considerable contribution to cumulative GHG emissions or result in an overall impact to local and regional levels of GHG emissions.

With respect to construction, the construction activities necessary to construct the electronic billboard, would require very little equipment and would have a construction timeframe of four weeks. However, as detailed in this Draft IS/MND, equipment related to construction would result in dust, noise, risks related to the handling of hazardous materials, and potential impacts to cultural resources. Accordingly, the proposed project includes BAAQMD-recommended mitigation and avoidance measures (MM AIR-1) to reduce temporary, construction-related impacts related to air quality. This measure ensures not only that the proposed project, individually, would not have a significant impact, but that it would not make a considerable contribution to any cumulative impact.

The proposed project does not contemplate activities within close proximity of any reasonably foreseeable construction projects (i.e., at least 1,000 feet), and so the potential for cumulative impacts to occur is low to non-existent. Therefore, with implementation of the foregoing mitigation measures, the proposed project would not result in adverse impacts at a project- or cumulative-level in terms of air quality or GHG emissions.

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Environmental Checklist and Electronic Billboard Ordinance Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 110 FirstCarbon Solutions
\\ORG-SRVR\Depts$\COMDEV\PLANNING\Applications\Zoning Amendment\2018\Z 18-04 Electronic Billboards\CEQA\Draft IS-MND\ISMND_06272022 (modified exhibits).docx c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly?
Less than significant impact with mitigation incorporated.

As detailed throughout this Draft IS/MND, most environmental impacts were determined to be less than significant. Some mitigation measures were identified in order to bring direct and indirect impacts to human beings to less than significant levels. In addition to MM AIR-1 discussed above which would reduce construction impacts related to air quality, the proposed project would include MM AES-1 to minimize light and glare and traffic hazards for vehicle drivers along US-101. With the incorporation of mitigation measures, the proposed project would not make sizable contributions to aesthetics, air quality, biological resources, or cultural resources. In addition, the proposed project would not affect geology/soils, hydrology, noise, greenhouse gas emissions, land use, transportation, public services, utilities, wildfire, recreation, hazards and hazardous materials, mineral resources, agriculture/forestry resources, or population/housing balance. The proposed project would not cause direct or indirect substantial adverse effects on human beings at a project- or cumulative-level in terms of any of the listed environmental checklist items evaluated in this Draft IS/MND.

Mitigation Measures
Refer to mitigation identified for Aesthetics, Air Quality, Biological Resources, and Cultural Resources.

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Electronic Billboard Ordinance Project
Initial Study/Mitigated Negative Declaration List of Preparers FirstCarbon Solutions 111
\\ORG-SRVR\Depts$\COMDEV\PLANNING\Applications\Zoning Amendment\2018\Z 18-04 Electronic Billboards\CEQA\Draft IS-MND\ISMND_06272022 (modified exhibits).docx SECTION 3: LIST OF PREPARERS
FirstCarbon Solutions
1350 Treat Boulevard, Suite 380
Walnut Creek, CA 94597
Phone: 925. 357.2562
Project Director .................................................................................................................... Glenn Lajoie Project Manager ............................................................................................................................. Tsui Li Environmental Services Analyst ......................................................................................... Maddie Dolan Environmental Services Analyst ................................................................................... Regan Del Rosario Senior Air Quality and Noise Scientist ..................................................................................... Phillip Ault Air Quality Specialist ................................................................................................................ Lance Park Air Quality Analyst .......................................................................................................... Spencer Pignotti Director of Cultural Resources ........................................................................................... Dana DePietro Archaeologist .................................................................................................................... Stefanie Griffin Archaeologist .................................................................................................................................. Ti Ngo Senior Biologist ......................................................................................................... Bernhard Warzecha Biologist .............................................................................................................................. Robert Carroll Senior Editor .......................................................................................................................... Susie Harris Word Processor .............................................................................................................. Melissa Ramirez GIS/Graphics ................................................................................................................ Karlee McCracken

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Electronic Billboard Ordinance Project
Initial Study/Mitigated Negative Declaration
FirstCarbon Solutions
Appendix A:

Proposed Electronic Billboard Ordinance

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Electronic Billboard Ordinance Project
Initial Study/Mitigated Negative Declaration
FirstCarbon Solutions
Appendix B:

Air Quality, Greenhouse Gas Emissions, and Energy Analysis Supporting Information

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Electronic Billboard Ordinance Project
Initial Study/Mitigated Negative Declaration
FirstCarbon Solutions
Appendix C:

Biological Resources Analysis Supporting Information

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Electronic Billboard Ordinance Project
Initial Study/Mitigated Negative Declaration
FirstCarbon Solutions
Appendix D:

Cultural Resources Analysis Supporting Information

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Electronic Billboard Ordinance Project
Initial Study/Mitigated Negative Declaration
FirstCarbon Solutions
Appendix E:

Paleontological Resources Analysis Supporting Information

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1 Sharon Goei
From: Mike Conrotto <[email protected]>
Sent: Thursday, December 8, 2022 3:33 PM
To: Sharon Goei
Cc: Cindy McCormick
Subject: EXTERNAL - Electronic Billboard Project
Attachments: Electronic Billboard Project PROS.pdf
Hello Sharon,
Would you please forward a copy of the attached document (Pros for Electronic Billboard Ordinance Project) to each of the 7 Planning Commissioners?
Thank you so much,
Mike Conrotto
408-691-7775
CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email.

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18873791.9
Hanson Bridgett LLP
425 Market Street, 26th Floor, San Francisco, CA 94105
NATALIE C. KIRKISH

ASSOCIATE
DIRECT DIAL (415) 995-6351
DIRECT FAX (415) 995-3549
E-MAIL [email protected]
September 29, 2022

VIA ELECTRONIC MAIL
Mr. Andrew Faber
Berliner Cohen LLP
10 Almaden Blvd., 11th Floor
San Jose, CA 95113
E-mail: [email protected]
Ms. Jolie Houston
Berliner Cohen LLP
10 Almaden Blvd. 11th Floor
San Jose, CA 95113
E-Mail: [email protected]
Re: Response to Comments on MND for Outdoor Advertising Display 6490 Auto Mall Parkway
Dear Mr. Faber and Ms. Houston:

We have prepared, with the assistance of lighting and other experts on the applicant team, the following responses to the comments submitted on the Mitigated Negative Declaration for the Electronic Billboard Ordinance Project:

Comment Response
A. John Miller (March 30, 2021)
1 My name is John Miller. I am a member of the
Steering Committee of No Digital Billboards in
San Jose, a grass roots organization opposing
the erection of digital billboards in that city.

The comment does not question the content or
conclusions of the Electronic Billboard
Ordinance Project ("Project") Initial
Study/Mitigated Negative Declaration ("MND"),
so no response is warranted. As explained in
detail below, Project MND fully complies with all
applicable requirements of the California
Environmental Quality Act ("CEQA," Pub.

Resources Code, § 21000 et seq.) and the
CEQA Guidelines (14 Cal. Code Regs. § 15000
et seq.).
2 I’m emailing you as an individual after being
informed that Gilroy is considering negating its
prohibition on off-premise advertising to allow
for the erection of digital billboards.

The comment does not question the content or
conclusions of the MND, so no response is
warranted.

10.1 p. 508 of 947
Mr. Andrew Faber
Ms. Jolie Houston
September 29, 2022