Regular Meeting Agenda
City Council
Rich Constantine - Mayor
Gino Borgioli - Mayor Pro Tem
John McKay - Council Member
Yvonne Martinez Beltran - Council Member
Rene Spring - Council Member
Wednesday, March 16, 2022 7:00 PM
Virtual Meeting
Link to join the meeting can be found below
VIRTUAL MEETING GUIDELINES AND PUBLIC COMMENT
In accordance with Executive Order N-25-20 and guidance from the California Department of Public Health on gatherings, remote public participation is allowed.
Physical meetings will not be in the City Council Chamber until further notice.
City Council meetings will be live-streamed on Channel 17, on the City’s website, and on the City’s Facebook page. Those members of the community that would like to participate in the meetings remotely may do so by joining the virtual meeting at:
https://bit.ly/MHCityCouncilMeeting or by calling (669) 900-9128, then enter the webinar id: 873 3200 8380#.
Public comment may be provided in the following ways:
Join the virtual City Council meeting via the link above, when public comment is opened, raise your virtual hand and be called upon to speak for up to 3 minutes (YOU MUST BE RUNNING THE MOST CURRENT VERSION OF ZOOM TO BE
UNMUTED)
Join the virtual meeting by calling the number above, dial *9 to raise your hand, and be called upon to speak for up to 3 minutes
Send public comments in writing to the City Clerk at
[email protected]
* Please note that comments made on Facebook are not considered public comment.
March 16, 2022
2 CALL TO ORDER
ROLL CALL ATTENDANCE
DECLARATION OF POSTING AGENDA
Per Government Code Section 54954.2
REGULAR MEETING
7:00 P.M.
PROCLAMATIONS
Proclaiming the month of March 2022 as American Red Cross Month
PRESENTATIONS
YAC Presentation - Asset #3 - Other Adult Relationships
CITY COUNCIL REPORTS
Council Member Martinez Beltran
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
OTHER REPORTS
PUBLIC COMMENT
This opportunity for public comment, is for items that are not on the agenda. If you would like to make comments on an item that is on the agenda, please wait until we get to that item to offer your comments. Members of the public are entitled to address the City Council concerning any item within the Morgan Hill City Council’s subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda. Public comment is intended for comments. Questions posed during public comment are not generally answered. If you have questions, please send them to the City Clerk at
March 16, 2022
3 [email protected] to receive a response. (See additional noticing at the end of this agenda)
ADOPTION OF AGENDA
CONSENT CALENDAR
Items appearing on the Consent Calendar are considered routine and may be approved by one motion. Pursuant to City Council Policies and Procedures (CP 97-01), any member of the Council or public may request to have an item removed from the Consent Calendar for comment and action.
Time Estimate for Consent Calendar: 1 - 10 Minutes
1. ACCEPT GENERAL PLAN AND HOUSING ELEMENT ANNUAL PROGRESS REPORT (APR) 2021
Recommendation:
Accept the 2021 General Plan and Housing Element Annual Progress Report (APR) and direct staff to file the report with the Governor's Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD).
2. ADOPT ORDINANCE NO. 2329, NEW SERIES, PERMANENTLY ADOPTING AND RATIFYING ORDINANCE NUMBER 2320 PREVIOUSLY ADOPTED AS AN URGENCY ORDINANCE ADDING SECTION 18.76.140 (" MAXIMUM DOCK HIGH DOOR RATIO") TO CHAPTER 18.76 PERFORMANCE
STANDARDS") AND AMENDING SECTIONS 18.124.050 ("INDUSTRIAL USES") OF CHAPTER 18.124 (" LAND USE DEFINITIONS") AND 18.128.020 (“DEFINITIONS") OF CHAPTER 18.128 ("GENERAL TERMS") OF TITLE 18 ("ZONING") OF THE MORGAN HILL MUNICIPAL CODE TO CREATE A
MAXIMUM DOCK - HIGH - DOOR RATIO FOR CERTAIN STRUCTURES AND
TO ADD DEFINITIONS
Recommendation:
Waive the reading, adopt Ordinance No. 2329, New Series, and declare that said title, which appears on the agenda, shall be determined to have been read by title and further reading waived.
3. ADOPT RESOLUTION DETERMINING THAT CONDUCTION OF IN-PERSON
MEETINGS WOULD PRESENT A PUBLIC HEALTH RISK AND CONTINUING
TELECONFERENCE MEETINGS
Recommendation:
Adopt resolution to continue holding City Council and commission meetings by teleconference.
4. ADOPT RESOLUTION AUTHORIZING THE DISPLAY OF THE NATIONAL
March 16, 2022
4 FLAG OF UKRAINE AT CITY FACILITIES IN SUPPORT OF THE LEADERS
AND PEOPLE OF UKRAINE
Recommendation:
Adopt resolution authorizing the display of the national flag of Ukraine at the Community and Cultural Center, Centennial Recreation Center, and City Hall from March 19 to April 19, 2022, to support the leaders and people of Ukraine.
5. APPROVE MITIGATED NEGATIVE DECLARATION FOR THE FISHER CREEK
DETENTION BASIN EXPANSION PROJECT
Recommendation:
Approve and certify the project Mitigated Negative Declaration.
6. APPROVE THE MARCH 2, 2022 SPECIAL/REGULAR CITY COUNCIL
MEETING MINUTES
Recommendation:
Approve the March 2, 2022 Special/Regular City Council Meeting Minutes.
7. REAPPOINTMENT OF TWO (2) COMMISSIONERS ON THE LIBRARY, CULTURE, AND ARTS COMMISSION (LCAC) AND TWO (2)
COMMISSIONERS ON THE PARKS AND RECREATION COMMISSION (PRC)
AND RECRUITMENT TO FILL VACANCIES ON THE TWO COMMISSIONS Recommendation:
1. Reappointment of Commissioners Emily Borchers and Patrice Lyn to the Library, Culture, and Arts Commission with terms ending April 1, 2026;
2. Reappointment of Commissioners Craig van Keulen and Maureen GrzanPieracci to the Parks and Recreation Commission with terms ending April 1, 2026;
3. Extending the terms of Commissioners Neil Berman and Ron Locicero until such time that their seats can be filled; and
4. Direct staff to commence recruitment efforts to fill the one (1) vacancy on the LCAC and the two (2) vacancies on the PRC.
PUBLIC HEARINGS
8. ADOPT INDUSTRIAL PRESERVATION AND OPTIMIZATION POLICY Recommendation:
Adopt an Industrial Land Preservation and Optimization Policy Estimated Time: 30 Minutes
9. ADOPT ZONING CODE AMENDMENT TO SECTION 18.26.020 (LAND USE
March 16, 2022
5 REGULATIONS) OF CHAPTER 18.26 (INDUSTRIAL ZONING DISTRICTS) OF TITLE 18 (ZONING) TO MODIFY THE LAND USES PERMITTED IN THE
INDUSTRIAL ZONING DISTRICTS
Recommendation:
1. Open/close the public hearing.
2. Waive first and second reading of the Ordinance Amendment; and
3. Introduce Ordinance Amendment as recommended by staff and amended by the Planning Commission.
Estimated Time: 30 Minutes
OTHER BUSINESS
10. MONTHLY BUDGET UPDATE AND JANUARY 2022 FINANCIAL AND
INVESTMENT REPORTS
Recommendation:
Accept and file report.
Estimated Time: 10 Minutes
FUTURE COUNCIL INITIATED AGENDA ITEMS
Note: in accordance with Government Code Section 54954.2(a), there shall be no discussion, debate and/or action taken on any request other than providing direction to staff to place the matter of business on a future agenda.
ADJOURNMENT
March 16, 2022
6 NOTICE
Any documents produced by the City and distributed to the majority of the City Council less than 72 hours prior to an open meeting, will be made available for public inspection at the City Clerk’s Counter at City Hall located at 17575 Peak Avenue, Morgan Hill, CA, 95037 and at the Morgan Hill Public Library located at 660 West Main Avenue, Morgan Hill, California, 95037 during normal business hours. (Pursuant to Government Code 54957.5)
PUBLIC COMMENT
Members of the Public are entitled to directly address the City Council concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in the foyer of the Council Chambers and deliver it to the Minutes Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council, but it is very helpful.
When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item of interest to the public, you may do so during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less.
Please submit written correspondence to the Minutes Clerk, who will distribute correspondence to the City Council.
Persons interested in proposing an item for the City Council agenda should contact a member of the City Council who may plan an item on the agenda for a future City Council meeting. Should your comments require Council action, your request may be placed on the next appropriate agenda. Council discussion or action may not be taken until your item appears on an agenda. This procedure is in compliance with the California Public Meeting Law (Brown Act) Government Code §54950.
City Council Policies and Procedures (CP 03-01) outlines the procedure for the conduct of public hearings. Notice is given, pursuant to Government Code Section 65009, that any challenge of Public Hearing Agenda items in court, may be limited to raising only those issues raised by you or on your behalf at the Public Hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the Public Hearing on these matters.
The time within which judicial review must be sought of the action by the City Council, which acted upon any matter appearing on this agenda is governed by the provisions of Section 1094.6 of the California Code of Civil Procedure.
For a copy of City Council Policies and Procedures CP 97-01, please contact the City Clerk’s office (408) 779-7259, (408) 779-3117 (fax) or by email [email protected].
AMERICANS WITH DISABILITIES ACT (ADA)
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk's Office at (408)779-7259, (408)779-3117 (fax) or by email [email protected]. Requests must be made as early as possible and at least two-full business days before the start of the meeting.
March
Developmental Asset #3
Other Adult Relationships
Young person receives support from three or more
non-parent adults.
March
Complementary Asset #14
Adult Role Models
Parent(s) and other adults model positive,
responsible behavior.
Aahana Singh
YAC Active Member
What is the benefit of having non-parent
adult relationships?
◆ Different perspective
◆ Learn from their challenges and
experiences
◆ Make better decisions
Ria Deshpande
YAC President
How do you foster other adult relationships?
◆ Identify your role models
◆ Reach out, even if it’s scary
◆ Recognize that you are valued
October 2021
Harrison Guire
YAC Active Member
What is the value of getting feedback
from someone outside of your family?
◆ Objective assessment
◆ Different outlook
◆ More grounded feedback
Questions to Council
What is an experience you have shared with other
non-parent adults that you carry with you?
1 CITY COUNCIL STAFF REPORT
MEETING DATE: March 16, 2022
PREPARED BY:
Adam Paszkowski, Principal Planner
APPROVED BY: City Manager
ACCEPT GENERAL PLAN AND HOUSING ELEMENT ANNUAL
PROGRESS REPORT (APR) 2021
RECOMMENDATION(S)
Accept the 2021 General Plan and Housing Element Annual Progress Report (APR) and direct staff to file the report with the Governor's Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD).
Estimated Time:
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
Enhancing Diversity and Inclusiveness
Advancing Regional Initiatives
2022-2023 Strategic Priorities
Affordable Housing and Homelessness
Guiding Documents
Morgan Hill 2035 General Plan
REPORT NARRATIVE:
California Government Code Section 65400 mandates that all 58 counties and noncharter cities, including the City of Morgan Hill, submit an Annual Progress Report (APR) on the status of the General Plan and progress made regarding its implementation. The APR must be submitted to the Governor's Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD) by April 1st of each year. APRs must also be presented to the local legislative body for review and acceptance, as a consent or discussion item on a regular agenda.
The APR for 2021, includes implementation highlights of the Morgan Hill 2035 General Plan and lists applications submitted in 2021 for General Plan Land Use Map amendments.
1 The Housing Element implementation portion of the APR is reported on separate forms adopted by HCD. These completed forms are attached to the APR and provide information regarding the City's progress towards meeting its "fair share" of Regional Housing Needs Allocation (RHNA) goals and compliance with State Housing Law.
COMMUNITY ENGAGEMENT:
Inform
This report serves to inform the community about the City's progress towards meeting its "fair share" of Regional Housing Needs Allocation (RHNA) goals and compliance with State Housing Law.
On August 11, 2021, City staff held a regional Community Meeting with the City of Gilroy and the County of Santa Clara called "Let's Talk Housing Santa Clara County - Housing Element Update." The Community Meeting served as an introduction to the Housing Element Update for the public to learn more about the update process, how to participate, and join a breakout session to discuss housing. In addition, Spanish language interpretation was provided at this regional community meeting.
On February 17, 2022, City staff held a Town Hall regarding the "Housing Element 2023-2031 Update." Topics covered during the Town Hall included what is a Housing Element, new Housing Element laws, the Housing Needs Assessment, and Morgan Hill's Housing Element Update Process. In addition, Spanish language interpretation was provided at this Town Hall meeting.
In addition to the above community engagement, City staff has also held over 30 focused meetings with Community Based Organizations (CBOs) to discuss the needs of the hard-to-reach and all economic segments of our community as required by the new Affirmatively Furthering Fair Housing (AFFH) law, Assembly Bill 686.
ALTERNATIVE ACTIONS:
Not Applicable
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
On January 25, 2022, the Planning Commission held a workshop for the 6th Cycle Housing Element Update regarding an "Introduction to the 2023-2031 Housing Element Update". The workshop included discussions on what is a Housing Element, new Housing Element laws, Affirmatively Furthering Fair Housing (AFFH), and Housing Needs Assessment, and a brief description of the Regional Housing Need Allocation (RHNA) and the Sites Inventory.
On February 22, 2022, the Planning Commission held a workshop for the 6th Cycle Housing Element Update regarding the "Site Inventory." The workshop included discussions and a deeper explanation into the Regional Housing Need Allocation (RHNA), what is a Sites Inventory, residential projects in the pipeline, and Site Inventory laws.
On March 8, 2022, the Planning Commission held a workshop for the 6th Cycle Housing Element
1 Update regarding the "Evaluation of Past Performance." This workshop highlighted the accomplishments of the current 5th Cycle Housing Element, reviewed previous and present Housing Element Programs, reviewed the survey results from the 'Morgan Hill 6th Cycle Housing Element Questionnaire,' and discussed the review of the 5th Cycle Housing Element Policies and Programs.
FISCAL AND RESOURCE IMPACT:
Staff annually submits an APR to the State in compliance with State Housing Law; and therefore, the cost is borne, and work is accommodated, within the respective division's annual workplan and budget.
CEQA (California Environmental Quality Act):
Not a Project
Pursuant to CEQA Guidelines Section 15378(b)(5), the Morgan Hill 2035 APR is not considered a "project" in that it is considered an administrative activity of government that will not result in direct or indirect physical changes in the environment.
RESOLUTION NO. 22-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORGAN HILL ACCEPTING THE 2021 GENERAL PLAN
ANNUAL PROGRESS REPORT AND DIRECTING STAFF
TO FILE THE REPORT WITH THE GOVERNOR’S OFFICE
OF PLANNING AND RESEARCH (OPR) AND THE STATE
DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT (HCD)
WHEREAS, on July 27, 2016, the City Council adopted the General Plan entitled, “Morgan Hill 2035 General Plan”, by Resolution No. 16-128; and
WHEREAS, the Morgan Hill 2035 General Plan incorporates the City’s Housing Element, which was adopted by City Council on February 18, 2015 and certified by the State Housing and Community Development Department (HCD) in April 2015; and WHEREAS, California Government Code Section 65400 mandates that all 58 counties and non-charter cities submit an annual report on the status of the General Plan and progress on its implementation to the Governor’s Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD); and WHEREAS, the City Council is the decision-making body for review and acceptance of the Annual Progress Report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
Section 1. The Morgan Hill 2035 General Plan Annual Progress Report has been reviewed and accepted and staff is hereby directed to submit the report to OPR and HCD by no later than April 1, 2022.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Morgan Hill at a regular meeting held on the March 16, 2022.
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED: ATTEST:
City of Morgan Hill
Resolution No. 22-XXX
_____________________________ ________________________________ RICH CONSTANTINE, Mayor MICHELLE BIGELOW, City Clerk
CERTIFICATION
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 22-XXX, adopted by the City Council at a regular meeting held on March 16, 2022.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk
Annual Progress Report
2021
PAGE 1
1. Introduction
On July 27, 2016 the Morgan Hill 2035 General Plan was adopted by City Council Resolution No. 16-128. The Morgan Hill 2035 General Plan is a comprehensive update of the City’s 2001 General Plan.
The General Plan incorporates the City’s Housing Element, which was adopted by City Council on February 18, 2015 and certified by the State Housing and Community Development Department (HCD) in April 2015.
With voter approval of Measure S, the City’s Residential Development Control System (RDCS) on November 8, 2016, the RDCS Ordinance (Ordinance No. 2229 New Series) became effective. The RDCS Ordinance amended the General Plan text to be consistent with the provisions of Measure S.
On December 6, 2017 the City Council adopted Resolution No. 17-098 approving General Plan Land Use and Text Amendments (File Nos. GPA2017-0001 and GPA2017-0002) to correct miscellaneous Land Use Map, figure, and text errors.
Government Code Section 65400 mandates that certain cities and all 58 counties submit an annual progress report (APR) on the status of the General Plan and progress on its implementation to the Governor’s Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD) by April 1 of each year. This document and the attached forms meet this requirement for the City of Morgan Hill.
PAGE 2
2. Implementation Highlights by General Plan Element
CITY AND NEIGHBORHOOD FORM ELEMENT
Development Services - Planning
• Continued to implemented permit processing for SB330 including utilizing objective criteria established at the end of 2019.
• Created new guidance documents for both SB330 and SB35 application processing. • Completed update to Development Services Fees making current fee schedule more accurate to achieve greater cost recovery and held development workshop. • Continued to create and improve resources for public information regarding development activity in the city.
Goal CNF-1 An improved, effective, efficient, fair, equitable, flexible, and user-friendly planning and decision-making process.
• Amended the Zoning Ordinance implementing miscellaneous code amendments due to clerical errors and inconsistencies.
Goal CNF-2 An improved, orderly, and efficient pattern of urban development.
HOUSING ELEMENT
• See Attached Housing Element Annual Progress Report
Development Services - Housing
• Surveyed 132 unhoused Morgan Hill individuals and successfully enrolled 48 individuals in a Rapid Rehousing or Permanent Housing Program. • Partnered with Rebuilding Together to help 15 households (seniors and low-income residents) with 107 home repairs.
• The BMR portfolio has 568 owner-occupied units, the HouseKeys Program provided 5 Resales, 5 Acquisitions, 32 Refinances, 1,973 City of Morgan Hill Registrants (1,172 Ownership & 801 Rental Registrants), provided 69 Educational (Ownership/Rental) Webinars, 12 BMR Ownership Program Opportunity Drawings, and 2 BMR Rental Program Opportunity Drawings.
• Accepted a $450,000 grant from Destination: Home to develop and advance local implementation of the Community Plan to End Homelessness. • Council adopted the revised Inclusionary Housing Ordinance solidifying the intent of the Affordable Housing Program and accepting housing in-lieu fees to fund ELI and VLI homes to further the City’s RHNA goals.
PAGE 3
• Participated in the Santa Clara County Isolation and Quarantine program that assisted 128 households in Morgan Hill with in-home support (groceries, cleaning supplies, etc.) and 69 households with financial assistance. Placed 18 households into hotel isolation and quarantine.
• Participated in the implementation of the “Great Plates Program” offering food delivery to 60 home bound senior citizens in Morgan Hill. • Conducted “Housing Conversation’s 2021” – a series of seven workshops in both English and Spanish as a launching pad to the Housing Element Community Engagement work underway.
Goal HE-1 Adequate new housing to meet the full range of future community housing needs, including affordability and accessibility, Goal HE-2 Preservation and rehabilitation of the existing housing supply, and Goal HE-3 Adequate housing for groups with special needs.
Development Services - Planning
• In coordination with the Housing team, conducted four City Council workshops on issues related to housing – 2021 Housing Conversation.
• Secured Local Early Action Planning (LEAP) grant for $150,000 and Regional Early Action Planning (REAP) grant for approximately $27,000 to assist in funding the preparation and adoption of the Housing Element Update of the General Plan to facilitate compliance with the sixth cycle RHNA.
• Participated in RHNA Methodology process and closely tracked process that determined the City’s sixth cycle RHNA.
Goal HE-1 Adequate new housing to meet the full range of future community housing needs, including affordability and accessibility.
PAGE 4
ECONOMIC DEVELOPMENT ELEMENT
City Manager
• Executed Business Recovery Plan during COVID-19 to support recovery of the restaurant industry, retailers, and other businesses, to encourage tourism, and support new investment.
Goal ED-2 A strong, unique, stable, and diverse economic base that supports fiscal sustainability.
Economic Development
• Continued to support the Economic Development Business Recovery Plan to support recovery of the restaurant industry, retailers, and small businesses, to encourage tourism, and support new investment.
• Monitored the Morgan Hill al Fresco program to encourage restaurants to continue outdoor dining through the end of the year.
• Coordinated “Sidewalk Saturdays”, an outdoor pop-up retail event for retailers that do not have a storefront to join an outdoor retail market opportunity in Downtown. • Supported and coordinated reserved parking signage for curbside pick-up at Downtown restaurants.
• Participated in a two-day UrbanPlan Workshop taught by ULI that provided hands-on training to better understand the trade-offs and risk at play in the entitlement and negotiations process associated with land use.
• Conducted Business Walk and Survey in Downtown Morgan Hill to help assess Downtown parking needs for the Downtown Traffic Calming and Monterey Road Lane Reduction and Place Branding/Beautification Project.
• Drafted Industrial Preservation and Optimization Policy and proposed Zoning Code amendments.
Goal ED-3 A high-quality business community with established roots in Morgan Hill.
Development Services - Planning
• Brought the second draft of a Form-Based Code for the Monterey Road Corridor to Planning Commission for review.
• Updated the City’s Industrial Zoning Code prohibiting fulfillment centers, defining Large Scale Projects, and moving review and approval authority from City Staff to Planning Commission.
• Created Urgency Ordinance 2320 regulating building type and changing definitions for Dock-High-Door, Dock-High-Door to Square Foot Ratio, Ceiling Height, and Light Manufacturing uses.
PAGE 5
Goal ED-6 A mix of uses along Monterey Corridor that supports the Downtown and encourages walking and biking and Goal ED-8 Office and industrial areas that provide high-quality work locations for existing and new businesses.
HEALTHY COMMUNITY ELEMENT
Public Services
• Re-opened the Community and Cultural Center for events. • Re-opened the Senior Center for programs.
• Continued to provide grab and go senior lunches to 100+ Morgan Hill residents a day. • Secured Edward Boss Prado Foundation sponsorship for free passes for 232 youth and their families to attend the Aquatics Center for summer recreation swim. • Opened a pop-up mini golf site Downtown for four months.
Goal HC-3 Usable, complete, well-maintained, safe, and high-quality activities and amenities, including active and passive parks and recreational facilities, community gardens, and trails that are accessible to all ages, functional abilities, and socioeconomic groups.
TRANSPORTATION ELEMENT
Economic Development
• Hosted the Downtown Monterey Road Visioning Summit, a conversation about creating space and destination through complete streets. • Supported Working Group and Community Meetings, and Conducted Business Walk and Survey in Downtown Morgan Hill to help assess Downtown parking needs for the Downtown Traffic Calming and Monterey Road Lane Reduction and Place Branding/Beautification Project.
Goal TR-4 Emphasis on transportation improvements in the Butterfield, Hale/Santa Teresa, and Monterey corridors.
Development Services - Planning
• Held Workshop with the City Council regarding the City’s implementation of SB 743 and the transition from Level-of-Service (LOS) to Vehicle-Miles-Traveled (VMT) metric for transportation analysis under the California Environmental Quality Act (CEQA) for development projects. Developed RFP based on City Council feedback to pursue a Morgan Hill centric VMT standard.
Goal TR-11 Coordinated transportation planning efforts with local, regional, State and federal agencies.
PAGE 6
Public Services
• Commenced construction on the Hale Avenue Extension project.
Goal TR-4 Emphasis on transportation improvements in the Butterfield, Hale/Santa Teresa, and Monterey corridors.
• Completed the 2021 pavement rehabilitation project paving sections of two arterial streets, three collector streets, and five residential streets.
Goal TR-3 A coordinated, continuous network of streets and roads. • Completed the Madrone Channel Trail Improvement Phase I extending a paved bike/pedestrian path from Cochrane to Main Avenue.
Goal TR-2 A system designed for a healthy, active community based on complete streets, smart growth, and Sustainable Communities strategies; reflecting a balanced, safe, multi-modal transportation system for all users, especially in Downtown where pedestrian, bicycle, and transit facilities will be emphasized along with vehicular facilities.
NATURAL RESOURCES AND ENVIRONMENT ELEMENT
Public Services
• Completed Morgan Hill’s first Climate Action Plan.
Goal NRE-15 An adaptive and resilient community that responds to climate change.
SAFETY, SERVICES, AND INFRASTRUCTURE ELEMENT
City Manager
• Served as the City of Morgan Hill’s Director of Emergency Services throughout COVID-19.
• Continued COVID-19 messaging and updates in English and Spanish, webpages, and curated content.
Goal SSI-11 Efficient police, fire, and emergency medical response and services, and access to local medical facilities and Goal SSI-12 Reduce risk to life and property associated with emergencies and natural and manmade disasters.
Fire
• Firefighters participated in the County Wide Fire/EMS in-home vaccine clinic. • Outfitted ambulance and completed the filings and inspections required to receive the licenses/permits necessary to operate an ambulance.
PAGE 7
• Converted an existing Type VI Fire Engine into a Squad and placed it into service. • Began design of Butterfield Fire Station and issued RFP.
Goal SSI-3 Minimal threat to persons, property, and the environment from fire hazards and Goal SSI-12 Reduce risk to life and property associated with emergencies and natural and manmade disasters.
Police
• Formed the Crime Prevention Unit.
• Implemented the Youth Diversion Program.
• Implemented the Mobile Crisis Response Team.
• Implemented text to 911 integration with Vesta 911 phone system.
Goal SSI-11 Efficient police, fire, and emergency medical response and services, and access to local medical facilities and Goal SSI-12 Reduce risk to life and property associated with emergencies and natural and manmade disasters.
PAGE 8
3. General Plan Amendment Applications
GPA2021-0004: COCHRANE COMMONS-PHASE II
General Plan Land Use Map Amendment – Commercial to Mixed Use Flex on an approximately 20.7-acre site on the northern side of Cochrane Road between De Paul Drive and Mission View Drive. <Pending>
GPA2021-0005: MONTEREY-CITY VENTURES (THE GATES)
General Plan Land Use Map Amendment – Commercial to Mixed Use Flex on approximately 3.8-acre site located at the western intersection of Monterey Street and Jarvis Drive. < Pending >
Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title
Email
Phone
Street Address
City
Zipcode
v 9_10_21
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated.
17575 Peak Ave
Morgan Hill
95037
Please Start Here
General Information
2021
Morgan Hill
Contact Information
Christie
Thomas
Housing Program Coordinator
[email protected]
4083104674
Mailing Address
Annual Progress Report January 2020
Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.
Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened.
Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year.
Link to the online system: https://apr.hcd.ca.gov/APR/login.do Submittal Instructions
Please save your file as Jurisdictionname2021 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2021 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:
1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].
2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.
Jurisdiction Morgan Hill ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total
APPROVED
Units by project
Total
DISAPPROVED
Units by Project
Was APPLICATION
SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Was a Density
Bonus requested
for this housing
development?
Summary Row: Start Data Entry Below 51 0 14 0 14 31 197 307 72 0 72609024 761 DAKOTA DR DAKOTA-DUNNE SR2021-0003 SFD O 2/1/2021 3 3 3 No No 72609024 761 DAKOTA DR DAKOTA-DUNNE SR2021-0003 ADU R 2/1/2021 3 3 3 No No 76412006 17965 MONTEREY
RD MAGNOLIAS SR2021-0005 5+ R 2/23/2021 51 14 1 66 66 No Yes 72834030 VIA SEBASTIAN COCHRANE -TOLL
BROTHERS SR2021-0011 SFD O 7/13/2021 114 114 No No
72834030 VIA SEBASTIAN COCHRANE -TOLL
BROTHERS SR2021-0011 ADU R 7/13/2021 25 25 No No
72642001 19380 MONTEREY
RD
MONTEREY-KERLEY
(DENOVA HOMES) SR2021-0014 SFA O 9/23/2021 14 79 93 No No 72924018 15860 JACKSON
OAKS DR
JACKSON OAKSCHAVOSH SR2021-0023 SFD O
12/14/2021
1 1 No No
72924018 15860 JACKSON
OAKS DR
JACKSON OAKSCHAVOSH SR2021-0023 ADU R
12/14/2021
2 2 No No
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Table A
Housing Development Applications Submitted
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes (CCR Title 25 §6202)
Density Bonus
10
Jurisdiction Morgan Hill ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of
the units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35
Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Des
troyed Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 173 0 210 0 5 8 37 433 0 0 2 0 1 13 82 98 0 0 0 0 0 6 51 57 0 0 3 0 72861027 1850 VIA TOLENTINO BORELLO RANCH 2020-0519 SFD O 0 1 01/05/21 1 0 N 72861027 1860 VIA TOLENTINO BORELLO RANCH 2020-0518 SFD O 0 1 01/05/21 1 0 N 72861027 1870 VIA TOLENTINO BORELLO RANCH 2020-0517 SFD O 0 1 01/05/21 1 0 N 72861027 1880 VIA TOLENTINO BORELLO RANCH 2020-0516 SFD O 0 1 01/05/21 1 0 N 72861027 1890 VIA TOLENTINO BORELLO RANCH 2020-0515 SFD O 0 1 01/05/21 1 0 N 72861027 1920 VIA TOLENTINO BORELLO RANCH 2020-0514 SFD O 0 1 01/05/21 1 0 N 81754010 2440 HUSTON CT # 2 N/A 2020-0211 ADU R 0 1 01/13/21 1 0 N RENT SURVEY 81704078 40 E EDMUNDSON AVE
#3 N/A
2020-0063 ADU R 0 1 02/19/21 1 0 N RENT SURVEY
76443008 18715 GLEN AYRE DR N/A 2019-0585 ADU R 0 1 03/04/21 1 0 N RENT SURVEY 72609002 773 JULIANN WAY MONTECITO 2020-0502 SFD O 0 1 03/19/21 1 0 N 72609002 821 WEICHERT WAY MONTECITO 2020-0503 SFD O 0 1 03/19/21 1 0 N 72609002 823 WEICHERT WAY MONTECITO 2020-0504 SFD O 0 1 03/19/21 1 0 N 72609002 820 DAKOTA DR MONTECITO 2020-0505 SFD O 0 1 03/19/21 1 0 N 72609002 810 DAKOTA DR MONTECITO 2020-0506 SFD O 0 1 03/19/21 1 0 N 72609002 800 DAKOTA DR MONTECITO 2020-0507 SFD O 0 1 03/19/21 1 0 N 72609002 825 DAKOTA DR MONTECITO 2020-0508 SFD O 0 1 03/19/21 1 0 N 72609002 835 DAKOTA DR MONTECITO 2020-0509 SFD O 0 1 03/19/21 1 0 N 72609002 840 DAKOTA DR MONTECITO 2020-0526 SFA O 0 1 03/19/21 1 0 N 72609002 830 DAKOTA DR MONTECITO 2020-0527 SFA O 0 1 03/19/21 1 0 N 72609002 805 DAKOTA DR MONTECITO 2020-0528 SFA O 0 1 03/19/21 1 0 N 72609002 815 DAKOTA DR MONTECITO 2020-0529 SFA O 0 1 03/19/21 1 0 N 72609002 845 DAKOTA DR MONTECITO 2020-0530 SFA O 0 1 03/19/21 1 0 N 72609002 855 DAKOTA DR MONTECITO 2020-0531 SFA O 0 1 03/19/21 1 0 N 72609002 780 DAKOTA DR MONTECITO 2021-0035 SFD O 0 1 03/02/21 1 0 N 72609002 807 LOTUS CT MONTECITO 2021-0036 SFD O 0 1 03/02/21 1 0 N 72609002 817 LOTUS CT MONTECITO 2021-0037 SFD O 0 1 03/02/21 1 0 N 72609002 827 LOTUS CT MONTECITO 2021-0038 SFD O 0 1 03/02/21 1 0 N 72609002 826 LOTUS CT MONTECITO 2021-0039 SFD O 0 1 03/02/21 1 0 N 72609002 816 816 LOTUS CT MONTECITO 2021-0040 SFD O 0 1 03/02/21 1 0 N 72609002 806 806 LOTUS CT MONTECITO 2021-0041 SFD O 0 1 03/02/21 1 0 N 72609002 815 815 DIANA AVE MONTECITO 2021-0042 SFD O 0 1 03/19/21 1 0 N 72609002 825 825 DIANA AVE MONTECITO 2021-0043 SFD O 0 1 03/19/21 1 0 N 72861027 1855 1855 VIA
TOLENTINO BORELLO RANCH
2021-0050 SFD O 0 1 03/10/21 1 0 N
72861027 1865 1865 VIA
TOLENTINO BORELLO RANCH
2021-0051 SFD O 0 1 03/10/21 1 0 N
72861027 1875 1875 VIA
TOLENTINO BORELLO RANCH
2021-0052 SFD O 0 1 03/10/21 1 0 N
72861027 1885 1885 VIA
TOLENTINO BORELLO RANCH
2021-0053 SFD O 0 1 03/23/21 1 0 N
72861027 1895 1895 VIA
TOLENTINO BORELLO RANCH
2021-0054 SFD O 0 1 03/23/21 1 0 N
72861027 1895 1895 VIA
TOLENTINO BORELLO RANCH
2021-0054 ADU R 0 1 03/23/21 1 0 N RENT SURVEY
72861027 1905 1905 VIA
TOLENTINO BORELLO RANCH
2021-0055 SFD O 0 1 03/10/21 1 0 N
72861027 1915 1915 VIA
TOLENTINO BORELLO RANCH
2021-0056 SFD O 0 1 03/10/21 1 0 N
72861027 1925 1925 VIA
TOLENTINO BORELLO RANCH
2021-0057 SFD O 0 1 03/23/21 1 0 N
72814068 1580 PEPPERTREE CT N/A 2020-0423 ADU R 0 1 04/01/21 1 0 N RENT SURVEY 72625006 18143 REBOLLO LN MONTEREY GATEWAY 2021-0112 SFA O 0 1 04/28/21 1 0 N 72625006 18147 REBOLLO LN MONTEREY GATEWAY 2021-0113 SFA O 0 1 04/28/21 1 0 N 72625006 18139 REBOLLO LN MONTEREY GATEWAY 2021-0114 SFA O 0 1 04/28/21 1 0 N 72625006 18135 REBOLLO LN MONTEREY GATEWAY 2021-0115 SFA O 0 1 04/28/21 1 0 N INC 45 72625006 18131 REBOLLO LN MONTEREY GATEWAY 2021-0116 SFA O 0 1 04/28/21 1 0 N 72625006 18127 REBOLLO LN MONTEREY GATEWAY 2021-0117 SFA O 0 1 04/28/21 1 0 N 72625006 18123 REBOLLO LN MONTEREY GATEWAY 2021-0118 SFA O 0 1 04/28/21 1 0 N 76422003 18575 OLD MONTEREY
RD NA
2020-0452 ADU R 0 1 05/10/21 1 0 N RENT SURVEY
72834028 18645 CORTE BAUTISTA BORELLO RANCH 2021-0227 SFD O 0 1 06/14/21 1 0 N 72834028 18625 CORTE BAUTISTA BORELLO RANCH 2021-0228 SFD O 0 1 06/14/21 1 0 N 72834028 18615 CORTE BAUTISTA BORELLO RANCH 2021-0229 SFD O 0 1 06/14/21 1 0 N 72834028 18640 CORTE BAUTISTA BORELLO RANCH 2021-0231 SFD O 0 1 06/14/21 1 0 N 81710024 16350 SAN RAMON DR N/A 2020-0566 ADU R 0 1 07/06/21 1 0 N RENT SURVEY 72602007 17258 ST ANTHONY DR ANDALUSIA 2021-0205 SFA O 0 1 07/15/21 1 0 N 72602007 17248 ST ANTHONY DR ANDALUSIA 2021-0206 SFA O 0 1 07/15/21 1 0 N 72602007 17238 ST ANTHONY DR ANDALUSIA 2021-0207 SFA O 0 1 07/15/21 1 0 N 72602007 17208 ST ANTHONY DR ANDALUSIA 2021-0209 SFA O 0 1 07/15/21 1 0 N 72602007 17218 ST ANTHONY DR ANDALUSIA 2021-0210 SFA O 0 1 07/15/21 1 0 N 72602007 17228 ST ANTHONY DR ANDALUSIA 2021-0211 SFA O 0 1 07/15/21 1 0 N 72602007 625 LOS CASTANOS DR ANDALUSIA 2021-0213 SFA O 0 1 07/13/21 1 0 N 72602007 615 LOS CASTANOS DR ANDALUSIA 2021-0214 SFA O 0 1 07/13/21 1 0 N 72602007 605 LOS CASTANOS DR ANDALUSIA 2021-0215 SFA O 0 1 07/13/21 1 0 N 72602007 595 LOS CASTANOS DR ANDALUSIA 2021-0216 SFA O 0 1 07/13/21 1 0 N INC 45 72602007 585 LOS CASTANOS DR ANDALUSIA 2021-0217 SFA O 0 1 07/13/21 1 0 N 72834028 18620 CORTE BAUTISTA BORELLO RANCH 2021-0230 SFD O 0 1 07/15/21 1 0 N 72861053 18340 CORTE MATHEO BORELLO RANCH 2021-0232 SFD O 0 1 07/15/21 1 0 N 72861054 18205 VIA POTANO BORELLO RANCH 2021-0233 SFD O 0 1 07/15/21 1 0 N 72861054 18205 VIA POTANO BORELLO RANCH 2021-0233 ADU R 0 1 07/15/21 1 0 N RENT SURVEY 72861054 18215 VIA POTANO BORELLO RANCH 2021-0234 SFD O 0 1 07/15/21 1 0 N 72861054 18225 VIA POTANO BORELLO RANCH 2021-0235 SFD O 0 1 07/15/21 1 0 N 72861054 18235 VIA POTANO BORELLO RANCH 2021-0236 SFD O 0 1 07/15/21 1 0 N 72861054 18245 VIA POTANO BORELLO RANCH 2021-0237 SFD O 0 1 07/15/21 1 0 N 72861055 18255 VIA POTANO BORELLO RANCH 2021-0238 SFD O 0 1 07/15/21 1 0 N 72861055 18265 VIA POTANO BORELLO RANCH 2021-0239 SFD O 0 1 07/15/21 1 0 N 77320029 1115 TERESA LN NA 2020-0565 ADU R 0 1 08/12/21 1 0 N RENT SURVEY 76737031 810 LA CROSSE DR NA 2021-0032 ADU R 0 1 08/17/21 1 0 N RENT SURVEY 72602007 17185 ANDALUSIA DR ANDALUSIA 2021-0371 SFA O 0 1 09/28/21 1 0 N 72602007 17175 ANDALUSIA DR ANDALUSIA 2021-0372 SFA O 0 1 09/28/21 1 0 N 72602007 17165 ANDALUSIA DR ANDALUSIA 2021-0373 SFA O 0 1 09/28/21 1 0 N 72602007 17155 ANDALUSIA DR ANDALUSIA 2021-0374 SFA O 0 1 09/28/21 1 0 N INC 45 72602007 17145 ANDALUSIA DR ANDALUSIA 2021-0375 SFA O 0 1 09/28/21 1 0 N 72602007 635 LOS CASTANOS DR ANDALUSIA 2021-0382 SFA O 0 1 09/20/21 1 0 N 72602007 645 LOS CASTANOS DR ANDALUSIA 2021-0383 SFA O 0 1 09/20/21 1 0 N 72602007 655 LOS CASTANOS DR ANDALUSIA 2021-0384 SFA O 0 1 09/20/21 1 0 N 72602007 665 LOS CASTANOS DR ANDALUSIA 2021-0385 SFA O 0 1 09/20/21 1 0 N 72602007 675 LOS CASTANOS DR ANDALUSIA 2021-0387 SFA O 0 1 09/20/21 1 0 N 72602007 685 LOS CASTANOS DR ANDALUSIA 2021-0388 SFA O 0 1 09/20/21 1 0 N 72602007 695 LOS CASTANOS DR ANDALUSIA 2021-0389 SFA O 0 1 09/20/21 1 0 N 77303020 17270 TORREY CT N/A 2019-0575 SFD O 0 1 10/15/21 1 0 N 72602007 17135 ANDALUSIA DR ANDALUSIA 2021-0377 SFA O 0 1 10/22/21 1 0 N 72602007 17125 ANDALUSIA DR ANDALUSIA 2021-0378 SFA O 0 1 10/22/21 1 0 N 72602007 17115 ANDALUSIA DR ANDALUSIA 2021-0379 SFA O 0 1 10/22/21 1 0 N 72602007 17105 ANDALUSIA DR ANDALUSIA 2021-0380 SFA O 0 1 10/22/21 1 0 N 81762004 2735 CASA GRANDE CT N/A 2021-0183 ADU R 0 1 11/16/21 1 0 N RENT SURVEY 72860024 2275 VIA SANTA ELENA
2 N/A
2021-0367 ADU R 0 1 11/08/21 1 0 N RENT SURVEY
72648003 19240 TAYLOR AVE N/A 2021-0271 ADU R 0 1 12/14/21 1 0 N RENT SURVEY 76708035 33 W DUNNE AVE HENCKEN OAKS 2018-0275 SFD O 0 0 1 01/07/21 1 N 72861010 18300 CORTE MATHEO BORELLO RANCH 2019-0564 SFD O 0 0 1 01/08/21 1 N 72861013 18330 CORTE MATHEO BORELLO RANCH 2019-0567 SFD O 0 0 1 01/08/21 1 N 72861017 1940 VIA TOLENTINO BORELLO RANCH 2019-0535 SFD O 0 0 1 02/02/21 1 N 72861018 1930 VIA TOLENTINO BORELLO RANCH 2019-0536 SFD O 0 0 1 02/02/21 1 N 72861011 18310 CORTE MATHEO BORELLO RANCH 2019-0565 SFD O 0 0 1 02/09/21 1 N 72861011 18310 CORTE MATHEO BORELLO RANCH 2019-0565 ADU R 0 0 1 02/09/21 1 N RENT SURVEY 72861012 18320 CORTE MATHEO BORELLO RANCH 2019-0566 SFD O 0 0 1 02/09/21 1 N 72861021 1955 VIA TOLENTINO BORELLO RANCH 2019-0570 SFD O 0 0 1 02/24/21 1 N 72861019 1935 VIA TOLENTINO BORELLO RANCH 2019-0568 SFD O 0 0 1 03/04/21 1 N 72861022 1965 VIA TOLENTINO BORELLO RANCH 2019-0571 SFD O 0 0 1 03/10/21 1 N 72861020 1845 VIA TOLENTINO BORELLO RANCH 2019-0569 SFD O 0 0 1 03/15/21 1 N 72811049 17045 HILL RD Hill Meadows 2019-0312 SFD O 0 0 1 05/17/21 1 N 72811050 17055 HILL RD Hill Meadows 2019-0313 SFD O 0 0 1 05/17/21 1 N 72811048 17035 HILL RD Hill Meadows 2019-0311 SFD O 0 0 1 06/01/21 1 N 72811047 17025 HILL RD Hill Meadows 2019-0309 SFD O 0 0 1 06/15/21 1 N 72811045 17005 HILL RD Hill Meadows 2019-0306 SFD O 0 0 1 06/30/21 1 N 76430006 1190 CASTLE LAKE CIR NA 2017-0412 SFD O 0 0 1 08/02/21 1 N 72861027 18335 CORTE MATHEO BORELLO RANCH 2020-0371 SFD O 0 0 1 08/27/21 1 N 72861027 18350 CORTE MATHEO BORELLO RANCH 2020-0372 SFD O 0 0 1 08/27/21 1 N 72861027 18370 CORTE MATHEO BORELLO RANCH 2020-0414 SFD O 0 0 1 08/27/21 1 N 72861027 18375 CORTE MATHEO BORELLO RANCH 2020-0415 SFD O 0 0 1 08/27/21 1 N 72609002 816 LOTUS CT MONTECITO 2021-0040 SFD O 0 0 1 08/27/21 1 N 72609002 826 LOTUS CT MONTECITO 2021-0039 SFD O 0 0 1 08/30/21 1 N 72609002 806 LOTUS CT MONTECITO 2021-0041 SFD O 0 0 1 08/30/21 1 N 72811046 17015 HILL RD HILL MEADOWS 2019-0307 SFD O 0 0 1 09/02/21 1 N 72861027 18305 CORTE MATHEO BORELLO RANCH 2020-0370 SFD O 0 0 1 09/07/21 1 N 72609002 827 LOTUS CT MONTECITO 2021-0038 SFD O 0 0 1 09/13/21 1 N 77307018 16905 PRICE CT N/A 2019-0179 ADU R 0 0 1 09/21/21 1 N RENT SURVEY 72861027 18325 CORTE MATHEO BORELLO RANCH 2020-0413 SFD O 0 0 1 09/23/21 1 N 72861027 18315 CORTE MATHEO BORELLO RANCH 2020-0480 SFD O 0 0 1 09/23/21 1 N 72609002 807 LOTUS CT MONTECITO 2021-0036 SFD O 0 0 1 09/24/21 1 N 76424026 135 SANCHEZ DR #2 N/A 2020-0061 ADU R 0 0 1 09/28/21 1 N RENT SURVEY 72609002 805 DAKOTA DR MONTECITO 2020-0528 SFA O 0 0 1 09/28/21 1 N 72609002 815 DAKOTA DR MONTECITO 2020-0529 SFA O 0 0 1 09/28/21 1 N 72609002 817 LOTUS CT MONTECITO 2021-0037 SFD O 0 0 1 09/28/21 1 N 72861027 18365 CORTE MATHEO BORELLO RANCH 2020-0481 SFD O 0 0 1 09/30/21 1 N 72609002 800 DAKOTA DR MONTECITO 2020-0507 SFD O 0 0 1 09/30/21 1 N 72861027 18360 CORTE MATHEO BORELLO RANCH 2020-0482 SFD O 0 0 1 10/05/21 1 N 72861027 18605 CORTE BAUTISTA BORELLO RANCH 2017-0408 SFD O 0 0 1 10/08/21 1 N 76737031 810 LA CROSSE DR N/A 2021-0032 ADU R 0 0 1 10/11/21 1 N RENT SURVEY 72861027 18600 CORTE
BAUSTISTA
BORELLO RANCH 2017-0409 SFA O 0 0 1 10/12/21 1 N
72861027 18600 CORTE
BAUSTISTA
BORELLO RANCH 2017-0409 ADU R 0 0 1 10/12/21 1 N RENT SURVEY 72609002 810 DAKOTA DR MONTECITO 2020-0506 SFD O 0 0 1 10/12/21 1 N 72609002 825 DAKOTA DR MONTECITO 2020-0508 SFD O 0 0 1 10/12/21 1 N 72609002 835 DAKOTA DR MONTECITO 2020-0509 SFD O 0 0 1 11/03/21 1 N 72609002 830 DAKOTA DR MONTECITO 2020-0527 SFA O 0 0 1 11/10/21 1 N 72609002 845 DAKOTA DR MONTECITO 2020-0530 SFA O 0 0 1 11/19/21 1 N 72609002 855 DAKOTA DR MONTECITO 2020-0531 SFA O 0 0 1 11/19/21 1 N 72609002 780 DAKOTA DR MONTECITO 2021-0035 SFD O 0 0 1 11/19/21 1 N 76443008 18715 GLEN AYRE DR 2 N/A 2019-0585 ADU R 0 0 1 11/22/21 1 N RENT SURVEY 72609002 773 JULIANN WAY MONTECITO 2020-0502 SFD O 0 0 1 11/24/21 1 N 72609002 840 DAKOTA DR MONTECITO 2020-0526 SFA O 0 0 1 11/29/21 1 N 72861027 18635 CORTE
BAUSTISTA
BORELLO RANCH 2017-0407 SFD O 0 0 1 12/02/21 1 N
72609002 820 DAKOTA DR MONTECITO 2020-0505 SFD O 0 0 1 12/06/21 1 N 72609002 823 WEICHERT DR MONTECITO 2020-0504 SFD O 0 0 1 12/15/21 1 N 72609002 821 WEICHERT DR MONTECITO 2020-0503 SFD O 0 0 1 12/21/21 1 N 81713037 1240 BARRETT AVE N/A 2020-0273 SFD O 0 2/11/2021 0 0 N 1 Demolished O 72831014 1050 COCHRANE RD N/A 2021-0034 SFD O 0 5/21/2021 0 0 N 1 Demolished O 77303020 17270 TORREY CT N/A 2019-0575 SFD O 0 10/15/2021 0 0 N 1 Demolished O 81704059 215 Tennant Av Tenant-Osito SR2020-0014 SFA O 2 14 4/13/2021 16 0 0 N INC 72636059 1110 Monterey Rd Monterey-Minor (Jemcor
Dev) SR2020-0027 5+ R 50 196 3 10/26/2021
249
0 0 N DB, Other 100% Affordable Project 80.0% 3
Development
Standards
Modification
No
76711030 335 Spring Av Spring-Giancola SR2020-0028 SFA O 3 15 11/1/2021 18 0 0 N INC 76412006 17965 Monterey Rd
Monterey-First
Community Housing
(Magnolias)
SR2021-0005 5+ R 51 14 1 11/23/2021
66 0 0 N Other, DB 100% Affordable Project 80.0% 4
Development
Standards
Modification
No
72609024 761 Dakota Dr Dakota-Dunne SR2021-0003 SFD O 3 6/1/2021 3 0 0 N 72609024 761 Dakota Dr Dakota-Dunne SR2021-0003 ADU R 3 6/1/2021 3 0 0 N Rent Survey 76711030 335 Spring Av Spring-Giancola SR2020-0028 SFD O 5 11/1/2021 5 0 0 N 77904075 Watsonville Rd Watsonville-Hordness
(Royal Oak Village) SR2020-0023 5+ R 72 1 8/24/2021
73 0 0 N DB, Other 100% Affordable Project 80.0% 3
Development
Standards
Modification
Yes
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units (CCR Title 25 §6202)
Jurisdiction Morgan Hill ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023 (CCR Title 25 §6202) 1 3 4
RHNA Allocation
by Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted 12 29 - 39 - - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted 118 23 13 24 11 1 2 - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - - - 1 1 - 1 - -
Non-Deed Restricted 107 6 9 262 13 5 13 - -
Above Moderate 316 647 219 192 193 142 38 82 - - 1,513 - 928
884 277 214 519 167 44 98 - - 2,203 193
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units.
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. -
80 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
418 Moderate
273
154
185
Please contact HCD if your data is different than the material supplied here 192
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
193
-
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only included units that were permitted during the portion of the year that was in the 6th cycle.
Total RHNA
Total Units
Income Level
Very Low
Low
Jurisdiction Morgan Hill ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023 Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
(CCR Title 25 §6202)
Jurisdiction Morgan Hill
Reporting Year 2021 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation
INCLUSIONARY HOUSING
ORDNANCE NO. 2278
REQUIRE EACH NEW DEVELOPMENT
TO PROVIDE AT LEAST 15%
AFFORDABLE HOUSING OUTSIDE OF
DOWNTOWN AND 10% DOWNTOWN
2018-2023 EFFECTIVE 07/25/18
City of Morgan Hill Below
Market Rate (BMR) Program
Facilitate the construction of very low and
low rental BMR's (55 year affordability
restriction, and moderte ownership BMRs
(45 year affordability restrictions)
2015-2023 2 Low Income & 1 Moderate ownership BMR permits issued in 2021. 6 Moderate ADU's were finaled in 2021. To date, Morgan Hills BMR program consist of over 561 BMR's as a result of the City's RDCS system (Residential Development Control System) AND Inclusionary Housing Ordinance No. 2278
City of Morgan Hill Housing
Rehab Program, Minor
Home Repair
Facilitate the rehabilitation of affordable
housing units
2015-2023 The City rehabbed 10 senior low income mobile and single family residence home units in 2021, through a grant program administered by Rebuilding Together. Repairs are funded by City funds and County Community Development Block Grant Funds City of Morgan Hill
"Unhoused Specialist" Case
Manager
Outreach, engagment and case
management with the unhoused to provide
support, services, offer shelter, basic
needs, and to facilitate housing
opportunties
2015-2023
FY 20/21 - 21/22 - City of Morgan Hill has allocated $50,000. per FY to create 1 full time Case Manager. City Received $450,000 (3 year) capacity building grant from Destination Home to hire an "Unhoused Case Manger," who began in December of 2021.
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Measure A Housing Bond,
County of Santa Clara
Create new units at the ELI and VLI level.
$3,400,000 in Measure A funds provided to
a Very Low Income Project (The Crossings
UHC) that was finaled and leased up in
2021 - consists of 39 units (7 eli, 25 vli, & 8
li) (received $5.5 million of Measure A
funds). Two additional 100% affordable
projects were entitled in 2021 "Magnolia's"
First Community Housing - consists of 66
units (42 eli, 9 vli, 14 li, & 1 managers unit)
and the "Royal Oak Village" UHC - consists
of 73 units (48 eli, 24 vli, & 1 managers
unit) (will receive $9.9 million in Measure A
funds.
2015-2023 In November of 2016 Santa Clara County voters approved a $950 million bond (Measure A) which will fund the development of 4,800 extremely low-income (ELI) housing units throughout the County serving the homeless. It is expected that the 4,800 - unit goal will generate 10,000 new construction, affordable housing units countywide, by leveraging resources. Additionally, $150 million of Measure of Measure A funds will be set aside for workforce housing and down payment assistance. The County's goal is to create 4,800 affordable ELI units Countywide, of which 97 units have been designated as the Measure A affordable housing goal for the City of Morgan Hill, over a ten-year period. Morgan Hill has already almost met that goal and intends to develop additional units ELI & Low Income ownership units with additional Measure A funding. The remaining balance is planned to be distributed throughout the County in the other cities equivalently, based on Regional Housing Needs Allocation (RHNA) methodology. The Housing team has actively participated in discussions regading implementation of the bond program and provided program recommendations.
City an County Partnership
began July 1, 2017 and is
ongoing, funded annually,
two part-time homeless
outreach workers began
assessing Homeless
individuals and connecting to
services and housing
Outreach and assessmnet of homeless
individuals to offer shelter, basic needs and
conduct a housing assessment survey that
leads to housing opportunties as they arrise
2015-2023 City and County Partnership: July 1, 2017 through current- two part-time homeless outreach workers began conducting interviews and assessments with homeless individuals in South County. This is a critical first step as the City is beginning to see homeless individuals assessed through a coordinated effort with the goal connecting them to the appropriate case manager, program, service and housing opportunites. The City contributed $25,000. in 2018/19, $25,000 in 2019-2020, $25,000 in 2020-2021 fy and another $25,000 in fy 2021/2022 to the larger countywide "outreach" effort.
Outreach workers are tasked with engaging the homeless and conducting a housing assessmnet, providing resources and support with the goal of providing supportive housing as it becomes available. UPDATE: From 1/1/2021 to 12/31/2021- 132 unhoused MH individuals have been assessed using the VI-SPDAT tool. Out of the 132 assessed, 111 Morgan Hill individuals enrolled in PSH program and 100 of those enrolled were housed. Between the two programs (PSH & RR box below) 122 out of 132 Morgan Hill's surveyed individuals were housed!
Homeless Prevention
through rental assistance
Prevent residents from experiencing
homelessness
2015-2023 City and County Partnership: August 1, 2017 - current: Homeless Prevention and Rapid Rehousing (rental assistance). Program for families, targeting families with children in the school district at rish of homelessness. The City contributed $50,000. in fy 17/18, an additional $25,000 in 2018/19, $25,000 in 2019/2020, $25,000 in 2020/2021 fy and $25,000 in 2021/2022 fy to this larger countywide effort. UPDATE: From 1/1/2021 to 12/31/2021 - 37 Morgan Hill individuals enrolled on the Rapid Rehousing waiting list, with the intent to provide rapid rehousing. Out of the 37 enrolled, 22 have been housed.
Homeless Safe Parking
Program
Provide respite and services, and attemps
to provide housing for South County
residents living in their vehicles
2015-2023 Partnered with the faith based community to create an (8) eight space, pet welcome, Safe Parking Proram called "Focus". It was launched on July 8, 2017 at a local church for eight homeless families living in their cars (up to 30 people) where they are receiving coordinated assessment, services, meals, and support with the goal of providing some stability and getting them into permanent housing. The Program typically serves eight families, (approx. 25 people and 8 children.) City contributed $30,000 in fy 2018/2019, $30,000 in fy 2019/2020, $30,000 in fy 2020/2021 and $30,000 in fy 2021/2022. During 2021, 14 households (approximatley 28 people) were housed with the help of this program.
Housing Authority of of the
County of Santa Clara
Section 8 Program
Maintain full lease up of section 8 vouchers 2015-2023 There are 344 total vouchers in Morgan Hill. This includes 20 PBV's for the newly leased up UHC Monterey Crossings 100% project.
Accessory Dwelling Unit
Ordinance update Implement AB68 prior to Janaury 1, 2020 2015-2023 EFFECTIVE Janaury 2020 - continuing to update as Legislation passes and to make permit issuance streamlined.
Inclement Cold Weather
Shelter
Partner with Community Christian Church
to create an Inclement Weather Shelter 2015-2023
In January 2020, the City of Morgan Hill partnered with Community Christian Church to create an Inclement Cold Weather Weather shelter that operates when the County issues a Cold Weather alert. The shelter has a 10 bed capacity. City of Morgan Hill provides cots, bedding, snacks, water, COVID PPE, and training of volunteers. The city also funds Gilroy Compassion Center employee(s) to process referrals and manage check in process. City pays for nightly security at shelter from 7pm - 7am. Shelter is mostly run by volunteers. As of December 2021, the cities "Unhoused Specialist" goes out into the community to let unhoused individuals know that the shelter is open, and Santa Clara County Homeless Hotline alerts individuals of its location as well.
Jurisdiction Morgan Hill ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023 Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
Jurisdiction Morgan Hill ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023 (CCR Title 25 §6202) Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+Extremely LowIncome+Very LowIncome+ Low-Income+ TOTAL UNITS+ Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields. The description should adequately document how each unit complies with subsection (c) of Government Code
Section 65583.1+
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
Jurisdiction Morgan Hill
Reporting Period 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
Jurisdiction Morgan Hill
Note: "+" indicates
an optional field
Reporting Period 2021
(Jan. 1 - Dec.
31)
Cells in grey
contain autocalculation formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table H
Locally Owned Surplus Sites
Jurisdiction Morgan Hill
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 2
Non-Deed Restricted 0
Deed Restricted 1
Non-Deed Restricted 13
82 98
Units by Structure Type Entitled Permitted Completed
SFA 34 40 6
SFD 8 45 44
2 to 4 0 0 0
5 + 0 0 0
ADU 3 12 4
MH 0 0 0
Total 45 97 54
8 307
72 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Income Level
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Jurisdiction Morgan Hill
Reporting Year 2021 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Task 1: Project Coordination $8,000.00 $0.00 None
Task 2: Community Engagement $12,500.00 $0.00 None
Task 3: 2023-2031 Housing
Element $100,000.00 $0.00 None
Task 4: Consultation with HCD $5,000.00 $0.00 None Not Started Task 5: Inclusionary Housing
Ordinance $12,500.00 $0.00 None
Task 6: Public Hearings $12,000.00 $0.00 None Not Started Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 173
Non-Deed Restricted 0
Deed Restricted 210
Non-Deed Restricted 0
Deed Restricted 5
Non-Deed Restricted 8
37 433
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 2
Non-Deed Restricted 0
Deed Restricted 1
Non-Deed Restricted 13
82 98
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 6
51 57
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
In Progress
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ 150,000.00
Task Status
In Progress
In Progress
Other (Please Specify in Notes)
Completed
Other (Please Specify in Notes)
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
2 CITY COUNCIL STAFF REPORT
MEETING DATE: March 16, 2022
PREPARED BY:
Kim Mancera, Municipal Services Assistant
APPROVED BY: City Manager
ADOPT ORDINANCE NO. 2329, NEW SERIES, PERMANENTLY
ADOPTING AND RATIFYING ORDINANCE NUMBER 2320
PREVIOUSLY ADOPTED AS AN URGENCY ORDINANCE ADDING
SECTION 18.76.140 (" MAXIMUM DOCK HIGH DOOR RATIO") TO
CHAPTER 18.76 PERFORMANCE STANDARDS") AND AMENDING
SECTIONS 18.124.050 ("INDUSTRIAL USES") OF CHAPTER 18.124 (" LAND USE DEFINITIONS") AND 18.128.020 (“DEFINITIONS") OF CHAPTER 18.128 ("GENERAL TERMS") OF TITLE 18 ("ZONING") OF
THE MORGAN HILL MUNICIPAL CODE TO CREATE A MAXIMUM
DOCK - HIGH - DOOR RATIO FOR CERTAIN STRUCTURES AND TO
ADD DEFINITIONS
RECOMMENDATION(S)
Waive the reading, adopt Ordinance No. 2329, New Series, and declare that said title, which appears on the agenda, shall be determined to have been read by title and further reading waived.
Estimated Time:
COUNCIL PRIORITIES, GOALS & STRATEGIES
Preserving and Cultivating Public Trust
REPORT NARRATIVE:
On March 2, 2022, the City Council introduced Ordinance No. 2329 New Series, by the following roll call vote: AYES: Borgioli, Constantine, Martinez Beltran, McKay, Spring; NOES: None; ABSTAIN: None; ABSENT: None
This ordinance ratifies the original language used in Urgency Ordinance 2320 adopted April 7, 2021. It creates a new Section under Chapter 18.76 "Performance Standards" to create a maximum dock-high door ratio that reads as follows: 18.76.140 - Maximum Dock High Door Ratio The maximum Dock High Door to Square Foot Ratio for a facility that has a floor area of seventy-five thousand (75,000) square feet or greater and a ceiling height of more than thirty-four (34) feet over more than twenty-five (25) percent of the floor area is 1:25,000. The addition of this prevents any building that would
2 encompass all three elements - size, ceiling height and more dock doors than 1 per 25,000 square feet from being built in the City. It also adds definitions for ceiling height, dock-high-door and dock-high-door-to-sqaure-foot ratio. It also makes a minor change to the definition of light manufacturing.
COMMUNITY ENGAGEMENT:
A 10-day public hearing notice was published in the February 18, 2022 edition of the Morgan Hill Times pursuant to Government Code Sections 65090-65096. Notices were also provided on the City’s 411, the City’s website, and via social media. Staff also shared the information at the Morgan Hill Chamber of Commerce Economic Development Committee on January 13, 2022, and via a virtual City of Morgan Hill Townhall meeting on January 27, 2022.
ALTERNATIVE ACTIONS:
City Council could choose not to ratify Ordinance 2320 into a permanent Ordinance.
The Urgency Ordinance expires on April 7, 2022. Without adopting the permanent Ordinance, the Ordinance cannot be placed on the ballot. The original Ordinance created by the MHRGC via the initiative process would then move on to the voters for consideration in November 2022.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
On September 22, 2020, the Planning Commission recommended changes to the Zoning Ordinance that included language implementing provisions of the Initiative related to the review of large projects. The September 22 recommendation also prohibited all large-scale e-commerce distribution uses but would have allowed some local delivery.
On October 28, 2020, the City Council introduced a Zoning Ordinance amendment adopting the Planning Commission’s recommendations and prohibiting local ecommerce delivery uses. This ordinance was adopted on November 18, 2020.
On March 3, 2021, the City Council certified the sufficiency of the Morgan Hill Responsible Growth Coalition’s (RG4MH) Initiative Petition.
On April 7, 2021, the City Council passed Urgency Ordinance 2320, prohibiting certain types of buildings that meet three cumulative characteristics of dock-high-doors, dockhigh-door to square foot ratio, and ceiling height, and adopted a resolution placing the Morgan Hill Responsible Growth Coalition Initiative petition on the November 2022 ballot.
On February 8, 2022, the Planning Commission unanimously approved Resolution 22- 04 recommending approval of the ratification Ordinance.
FISCAL AND RESOURCE IMPACT:
Election Cost: The Initiative will be placed on the November 8, 2022 ballot. The cost of a
2 November 2022 ballot measure is estimated to be $61,502.
Resource Impact: Thus far, staff has been able to accommodate the additional work due to the urgency ordinance within its existing workplan.
Ordinance Impact: At Council’s direction, staff focused efforts on collaborating with the Morgan Hill Responsible Growth Coalition.
CEQA (California Environmental Quality Act):
This ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, as the proposed text amendments to the Morgan Hill Zoning Code is not a project with the potential to cause a significant effect on the environment, requiring California Environmental Quality Act (CEQA) analysis. Additionally, on July 27, 2016, the City Council certified an environmental impact report (EIR) for the Morgan Hill 2035 General Plan. This ordinance is consistent with, and implements, the General Plan and therefore was analyzed in the EIR for the 2035 General Plan. Pursuant to Section 15162 and Section 15183 of the State CEQA Guidelines, no additional review under the California Environmental Quality Act is required.
ORDINANCE NO. 2329, NEW SERIES
AN ORDINANCE OF THE CITY OF MORGAN HILL
PERMANENTLY ADOPTING AND RATIFYING
ORDINANCE NUMBER 2320 PREVIOUSLY ADOPTED
AS AN URGENCY ORDINANCE ADDING SECTION
18.76.140 (" MAXIMUM DOCK HIGH DOOR RATIO")
TO CHAPTER 18.76 PERFORMANCE STANDARDS")
AND AMENDING SECTIONS 18. 124.050
("INDUSTRIAL USES") OF CHAPTER 18.124 (" LAND
USE DEFINITIONS") AND 18.128.020 (“DEFINITIONS")
OF CHAPTER 18.128 ("GENERAL TERMS") OF TITLE
18 ("ZONING") OF THE MORGAN HILL MUNICIPAL
CODE TO CREATE A MAXIMUM DOCK - HIGH -
DOOR RATIO FOR CERTAIN STRUCTURES AND TO
ADD DEFINITIONS.
THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES ORDAIN AS FOLLOWS:
Section 1. Section 18.76.140 ("Maximum Dock High Door Ratio") of Chapter 18.76 ("Performance Standard") of Title 18 ("Zoning") is hereby added to read as follows (additions in underline, deletions in strikeout):
18.76.140 - Maximum Dock High Door Ratio
The maximum Dock High Door to Square Foot Ratio for a facility that has a floor area of seventy-five thousand (75,000) square feet or greater and a ceiling height of more than thirtyfour (34) feet over more than twenty-five (25) percent of the floor area is 1:25,000 Section 2. Subsection (D) ("Manufacturing, Light") of Section 18.124.050 ("Industrial Uses") of Chapter 18.124 ("Land Use Definitions") of Title 18 ("Zoning") is hereby amended to read as follows:
D. Manufacturing, Light. The manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing and custom manufacturing. Includes manufacture of electric and electronic instruments and devices. Excludes saw and planing mill sand manufacturing uses involving primary production of wood, metal or chemical products from raw materials. For purpose of this definition, the term "Assembly" includes creation of a component or end item made from a number of parts and subassemblies.
Assembly does not include the putting together of kits, gift baskets, or packaging items produced elsewhere for purposes of e-commerce or of wholesale trading.
City of Morgan Hill Ordinance
No.2329, New Series
Section 3. Subsection (C) ("'C' Terms") of Section 18.128.020 ("Definitions") of Chapter 18.128 ("General Terms") of Title 18 ("Zoning") is hereby amended to read as follows:
C. "C" Terms.
1. California Room. A room or space in a building where one or more sides is open and exposed (without a wall or windows) to adjacent outdoor space.
2. Ceiling Height. The clear vertical distance from the finished floor to the finished ceiling.
If the ceiling is unfinished, the ceiling height is the distance from the floor to the lowest projecting beams, joists, or truss work.
3. Cessation of Use. The discontinuation of a use, either temporarily or permanently, whether with the intent to abandon such use or not.
4. City Geologist. A registered professional geologist certified by the state of California in the specialty of engineering geology (C.E.G.) who is either a city staff member or a consultant retained by the city.
5. Clear Triangle. A triangular area bounded by the street right-of-way lines of a corner lot and a line joining points along said street lines 20 feet from the point of intersection.
6. Commercial. Any activity on or use of land which involves the buying, selling, processing or improving of things not produced on the land, and having financial gain as the primary aim of the activity or use, whether or not such activity or use is for hire or on account of the buyer, seller, processor or improver.
7. Conditional Use. A use that requires approval of a conditional use permit or an administrative use permit.
8. Condominium. Individual ownership of a dwelling unit within a multiple-unit structure exclusive of the land underlying such structure.
9. Condominium Development. A structure and appurtenant premises divided in ownership by the existence of the condominiums as defined in Section 783 of the California Civil Code. Includes instances where ownership is divided following prior single ownership of the entire structure and premises, as well as new structures divided in ownership.
Section 4. Subsection (D) ("'D' Terms") of Section 18.128.020 ("Definitions") of Chapter
18.128 ("General Terms") of Title 18 ("Zoning") is hereby amended to read as follows:
D. "D" Terms.
City of Morgan Hill Ordinance
No.2329, New Series
1. Deck. A platform, either freestanding or attached to a building, that is supported by piers, pillars or posts.
2. Dock-High-Door. An opening to the outside of a building used to interface with trucks for the loading and/or unloading of goods, products, merchandise or wares of any type and where the bottom of the opening is not at ground level but rather elevated by twentyfour (24) inches or more.
3. Dock-High-Door-to-Square-Foot Ratio. The ratio of the total number of Dock-HighDoors that a building has to the total square feet of building floor area.
4. Driveway. A permanently surfaced area on a lot designed and required to provide direct access for vehicles between a street and a private garage, carport or other parking space, parking area, or loading area.
5. Driveway Aisle, Major. A driveway providing principal access to the parking area or the driveway providing principal circulation throughout the parking areas or premises.
6. Driveway Apron. A paved area providing principal access from a drive aisle or street right-of-way to a garage or other covered parking space.
7. Dwelling. A building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons. Excludes tents, cabins, trailers and trailer coaches.
8. Dwelling Unit. A room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping unit, occupied or intended for occupancy by one family on a non-transient (less than thirtyday stay) basis and having not more than one kitchen.
9. Density. The number of dwelling units permitted per net lot area.
Section 5. Severability. Should any provision of this ordinance be deemed unconstitutional or unenforceable by a court of competent jurisdiction, such provision shall be severed from the ordinance, and such severance shall not affect the remainder of the ordinance.
Section 6. Effective Date; Posting. This Ordinance shall take effect on March 16, 2022. The City Clerk is hereby directed to publish this Ordinance or a summary thereof pursuant to Government Code Section 36933.
City of Morgan Hill Ordinance
No.2329, New Series
This ordinance was introduced at a meeting of the City Council held on the 2nd day of March 2022 and adopted at a meeting held on the 16th day of March, 2022, and said ordinance was duly passed and adopted in accordance with law by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED: ATTEST:
______________________________ ________________________________ Rich Constantine, Mayor MICHELLE BIGELOW, City Clerk
CERTIFICATE OF THE CITY CLERK
I, MICHELLE BIGELOW, CITY CLERK OF THE CITY OF MORGAN HILL, CALIFORNIA, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 2329, New Series, adopted by the City Council of the City of Morgan Hill, California at their regular meeting held on the 16th day of March 2022.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE: _______________________ _________________________________ MICHELLE BIGELOW, City Clerk
3 CITY COUNCIL STAFF REPORT
MEETING DATE: March 16, 2022
PREPARED BY:
Kim Mancera, Municipal Services Assistant
APPROVED BY: City Manager
ADOPT RESOLUTION DETERMINING THAT CONDUCTION OF INPERSON MEETINGS WOULD PRESENT A PUBLIC HEALTH RISK AND
CONTINUING TELECONFERENCE MEETINGS
RECOMMENDATION(S)
Adopt resolution to continue holding City Council and commission meetings by teleconference.
Estimated Time:
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Preserving and Cultivating Public Trust
REPORT NARRATIVE:
In light of the existing state of emergency and the County Health Officer’s recommendation, the attached Resolution has been prepared to enable all legislative bodies of the City of Morgan Hill to continue to meet remotely in accordance with AB 361. The Resolution directs all legislative bodies subject to the Brown Act, including the City Council, Planning Commission, Parks and Recreation Commission, and the Library, Culture, and Arts Commission, to continue to only meet remotely in accordance with AB 361. The Resolution also makes the necessary findings under AB 361 by finding that a state of emergency continues to exist relating to COVID-19 and this necessitates that legislative bodies continue to meet remotely. The Resolution is consistent with the County Health Officer's recommendation that legislative bodies continue to meet remotely to promote social distancing to reduce the risk of COVID-19 transmission.
COMMUNITY ENGAGEMENT:
This report serves to inform the Community of the recommendation to continue teleconferenced meetings.
ALTERNATIVE ACTIONS:
3 The Council could choose not to adopt the proposed resolution and continue its March 16, 2022 meeting to a date certain for an in-person meeting. All meetings of the City and its commissions going forward would also be in-person.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
Each month since October 6, 2021, the City Council has adopted a resolution determining that conducting in-person meetings would present an imminent risk to attendees’ health and electing to continue conducting meetings using teleconferencing.
FISCAL AND RESOURCE IMPACT:
Continued use of teleconferencing software has a minimal fiscal impact.
CEQA (California Environmental Quality Act):
Not a Project.
Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not projects that require environmental review.
RESOLUTION NO. 22-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MORGAN HILL DETERMINING THAT CONDUCTING
IN-PERSON MEETINGS OF THE CITY COUNCIL AND ITS
BOARDS AND COMMISSIONS WOULD PRESENT
IMMINENT RISKS TO ATTENDEES’ HEALTH, AND
ELECTING TO CONTINUE CONDUCTING MEETINGS
USING TELECONFERENCING IN ACCORDANCE WITH
GOVERNMENT CODE SECTION 54953(e) (AB 361)
WHEREAS, on March 4, 2020, Governor Newsom declared a state of emergency related to the COVID-19 global pandemic, a state of emergency that is ongoing; and WHEREAS, on March 13, 2020, the City Manager in her capacity as Emergency Services Director declared a local emergency due to the spread of COVID-19, and that emergency declaration was ratified on March 18, 2020; and
WHEREAS, the City of Morgan Hill remains in a state of emergency due to the continuing spread of COVID-19; and
WHEREAS, the Centers for Disease Control and Prevention recommends physical distancing of at least six (6) feet whenever possible, avoiding crowds, and avoiding spaces that do not offer fresh air from the outdoors, particularly for people who are not fully vaccinated, or are at a higher risk of severe illness due to COVID-19; and
WHEREAS, the City’s public meeting facility is indoor and not designed to ensure circulation of fresh/outdoor air, and not designed to ensure that attendees can remain six (6) feet apart; and
WHEREAS, holding in-person meetings would encourage community members to come to City facilities to participate in local government, and some of them would be at high risk of severe illness due to COVID-19; and
WHEREAS, technology exists that allows full participation from members of the public without requiring in-person attendance at a City Council meeting.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Recitals. The City Council does hereby find, determine and resolve that all of the foregoing recitals are true and correct.
Section 2. Approval and Authorization. The City Council does further resolve, order and/or direct as follows:
City of Morgan Hill
Resolution No. 22-XXX
1. The conduct of in-person public meetings would pose imminent risks to the health of attendees.
2. Public health and safety and the public right to participate in local government are both critically important. The City of Morgan Hill is committed to balancing both by making City Council and commission meetings accessible through multiple formats and by allowing real-time public comment through teleconferencing solutions.
3. The City Council will renew these findings at least every thirty (30) days in accordance with Government Code section 54953(e) until the state of emergency related to COVID-19 has been lifted or until the City Council determines that in-person meetings no longer pose imminent risks to the health of attendees, whichever comes first.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Morgan Hill at a regular meeting held on the March 16, 2022.
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED: ATTEST:
_____________________________ ________________________________ RICH CONSTANTINE, Mayor MICHELLE BIGELOW, City Clerk
CERTIFICATION
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 22-XXX, adopted by the City Council at a regular meeting held on March 16, 2022.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk
4 CITY COUNCIL STAFF REPORT
MEETING DATE: March 16, 2022
PREPARED BY:
Christina Turner, City Manager
APPROVED BY: City Manager
ADOPT RESOLUTION AUTHORIZING THE DISPLAY OF THE
NATIONAL FLAG OF UKRAINE AT CITY FACILITIES IN SUPPORT OF
THE LEADERS AND PEOPLE OF UKRAINE
RECOMMENDATION(S)
Adopt resolution authorizing the display of the national flag of Ukraine at the Community and Cultural Center, Centennial Recreation Center, and City Hall from March 19 to April 19, 2022, to support the leaders and people of Ukraine.
Estimated Time:
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
Enhancing Diversity and Inclusiveness
2022-2023 Strategic Priorities
Community Outreach, Engagement, and Messaging
REPORT NARRATIVE:
During the March 2, 2022 City Council Meeting, Council Member Spring requested the City Council consider adopting a resolution to support the people of Ukraine as they defend against Russia's military attack on their sovereign nation.
On September 27, 2017, the Council adopted a City Council policy on Flag Raising (CP17-02). Per the City Council’s Flag Raising Policy, “the City’s flag poles are not intended to serve as a forum for free expression by the public, but rather for the display of the Flags of the United States and the State of California. The flag poles located at City Hall, the CCC, and the CRC may also be used to display the flags of the City of Morgan Hill, Sister Cities, and any Commemorative Flags as may be authorized by the City Council as an expression of the City’s official sentiments.” Under the policy, a commemorative flag “means a flag that identifies with a specific date, historical event, cause, nation or group of people, whereby the City honors or
4 commemorates the date, event, cause, nation or people by flying the flag.
Commemorative Flags shall be displayed at City facilities only upon City Council direction, consistent with the City’s vision, mission, and ongoing and strategic priorities, incorporating themes of diversity, equity, social justice, and inclusion.” Commemorative flags may only be hung at City Hall, the CCC, and/or the CRC. Per the policy, commemorative flags may be hung no longer than 30 days. Authorization of commemorative flags must be approved by City Council resolution.
City staff believe displaying the proposed flag meets the criteria outlined in the policy, specifically in that the flag relates to an event, cause, nation or people; is consistent with the City's ongoing priorities; and incorporates equity, social justice, and inclusion. The attached resolution supports the Sovereign Democracy of Ukraine and authorizes the City to display the Ukrainian flag at City Hall, the CRC, and CCC from March 19 - April 19, 2022.
COMMUNITY ENGAGEMENT:
Inform - this report serves to inform the community of the recommended flag raising.
ALTERNATIVE ACTIONS:
Alternatively, the Council could:
1. Not adopt the resolution.
2. Adopt the resolution supporting the people of Ukraine, but not raise the Ukrainian flag.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
On September 27, 2017 the Council adopted a City Council policy on Flag Raising (CP17-02).
FISCAL AND RESOURCE IMPACT:
None.
CEQA (California Environmental Quality Act):
Not a Project.
Organizational or administrative activity of governments that will not result in direct or indirect physical changes in the environment.
RESOLUTION NO. 22-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MORGAN HILL IN SUPPORT OF THE LEADERS AND
PEOPLE OF UKRAINE AS THEY DEFEND AGAINST
RUSSIA’S MILITARY ATTACK ON THEIR SOVEREIGN
NATION
WHEREAS, on February 24, 2022, a massive military assault was launched by the Russian government on the sovereign democratic nation of Ukraine; and WHEREAS, the continuing assault has been met by the strong resistance of the Ukrainian military joined by armed civilians; and
WHEREAS, Russian attacks on nonmilitary, residential areas of Ukraine’s cities have forced the evacuation of millions of civilians to neighboring countries; and WHEREAS, the City of Morgan Hill urges the safe evacuation of Ukrainians; and WHEREAS, the City of Morgan Hill wishes to support a secure, independent, and democratic Ukraine; and
WHEREAS, the City of Morgan Hill condemns the violent invasion by Russia.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morgan Hill supports the people of Ukraine by displaying the National Flag of Ukraine at City Hall, the Centennial Recreation Center, and Community and Cultural Center from March 19 – April 19, 2022.
PASSED AND ADOPTED by the City Council of Morgan Hill on this 16th day of March 2022 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED: ATTEST:
________________________ ______________________________ RICH CONSTANTINE, Mayor MICHELLE BIGELOW, City Clerk
CERTIFICATION
City of Morgan Hill
Resolution No. 22-XXX
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 22-XXX, adopted by the City Council at its meeting held on March 16, 2022.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE: _____________________ _______________________________ Michelle Bigelow, City Clerk
5 CITY COUNCIL STAFF REPORT
MEETING DATE: March 16, 2022
PREPARED BY:
Yat Cho, Senior Project Manager
APPROVED BY: City Manager
APPROVE MITIGATED NEGATIVE DECLARATION FOR THE FISHER
CREEK DETENTION BASIN EXPANSION PROJECT
RECOMMENDATION(S)
Approve and certify the project Mitigated Negative Declaration.
Estimated Time:
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Protecting the Environment and Preserving Open Space and Agricultural Land Maintaining Infrastructure
2022-2023 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Storm Drain Master Plan
REPORT NARRATIVE:
Per the City of Morgan Hill 2018 Storm Drain System Master Plan, the capacity of the Fisher Drainage Basin needs to be increased to detain additional storm water run-off.
The basin is located in the Morgan Hill Ranch Business Park and provides stormwater detention capacity within the Fisher Creek Drainage Basin (see attached vinicity map). The intent of the project is to increase the detention capacity of the Fisher Drainage Basin thus reducing the risk of flooding within the Fisher Creek Drainage Basin and downstream along Fisher Creek during major storm events.
The Fisher Creek Detention Basin Expansion Project will involve excavating approximately 81,000 cubic yards of soil (with a net export of approximately 45,000 cubic yards) from the existing Fisher Drainage Basin to increase its capacity for stormwater detention. In preparation for the design and construction of the project, staff worked with David J. Powers for an Initial Study (IS) for the Fisher Basin Expansion Project. The IS was circulated for a 30-day public review and comment period beginning
5 November 22, 2021. During this period, the IS was available to local, state, and federal agencies and any interested parties for review and comments. No comments were received during this circulation period.
If the Initial Study/Mitigated Negative Declaration (MND) is approved, staff will work with David J. Powers to file a Notice of Determination (NOD) to finalize the IS/NOD. Staff recommends the approval of the MND.
COMMUNITY ENGAGEMENT:
Inform
City staff had previous conversations with businesses and developments in the immediate vicinity affected by the Fisher Creek Detention Basin Expansion Project. The construction project is currently advertised for bidding. Once the project is awarded, both the contractor and the City will provide additional information through emails, social media, and the City Website.
ALTERNATIVE ACTIONS:
City Council may decide not to approve the mitigated negative declaration. However, this would prevent the project from moving forward into the construction phase and will delay the overall delivery of the project.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
On June 17, 2020, City Council adopted the Fiscal Year 2020-21 and 2021-22 Operating Budget and the Fiscal Years 2020-21 through 2025-26 Capital Improvement Program (CIP) Budget which includes the Fisher Creek Detention Basin Expansion Project (Project No. 415020).
FISCAL AND RESOURCE IMPACT:
The approval of the mitigated negative declaration will have no fiscal impact.
CEQA (California Environmental Quality Act):
Project
The Fisher Creek Detention Basin Expansion Project requires CEQA review. David J.
Powers prepared an Initial study (IS) to identify and mitigate all environmental impacts from the project. The mitigated negative declaration is attached for your review and approval.
County of Santa Clara, Sanborn
Engineering and Utilities Department
CIP Engineering Division
FISHER BASIN
EXPANSION PROJECT
Document Path: G:\R-14\PROJ\Agustin\GIS\Fisher Basin Expansion Project.mxd O
0 380 760 1,140 1,520 190
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MONTEREY RD
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OLD MONTEREY RD
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Prepared by
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January 2022
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DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
Fisher Creek Detention Basin Expansion i Initial Study
Morgan Hill January 2022
TABLE OF CONTENTS
Section 1.0 Introduction and Purpose ................................................................................................1 Purpose of the Initial Study ....................................................................................................1 Public Review Period .............................................................................................................1 Consideration of the Initial Study and Project........................................................................1 Notice of Determination .........................................................................................................1 Section 2.0 Project Information .........................................................................................................2 Project Title ............................................................................................................................2 Lead Agency Contact .............................................................................................................2 Project Applicant ....................................................................................................................2 Project Location......................................................................................................................2 Assessor’s Parcel Number......................................................................................................2 General Plan Designation and Zoning District.......................................................................2 Habitat Plan Designation ........................................................................................................2 Project-Related Approvals, Agreements, and Permits............................................................2 Section 3.0 Project Description..........................................................................................................3 Section 4.0 Environmental Setting, Checklist, and Impact Discussion .............................................8 Aesthetics................................................................................................................................9 Agriculture and Forestry Resources .....................................................................................12 Air Quality............................................................................................................................15 Biological Resources............................................................................................................22 Cultural Resources................................................................................................................35 Energy...................................................................................................................................40 Geology and Soils.................................................................................................................43 Greenhouse Gas Emissions...................................................................................................48 Hazards and Hazardous Materials........................................................................................51 Hydrology and Water Quality ..............................................................................................57 Land Use and Planning.........................................................................................................63 Mineral Resources................................................................................................................64 Noise.....................................................................................................................................66 Population and Housing........................................................................................................72 Public Services......................................................................................................................74 Recreation.............................................................................................................................77 Transportation.......................................................................................................................79 DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
Fisher Creek Detention Basin Expansion ii Initial Study Morgan Hill January 2022
Tribal Cultural Resources.....................................................................................................82 Utilities and Service Systems ...............................................................................................84 Wildfire.................................................................................................................................87 Mandatory Findings of Significance ....................................................................................90 Section 5.0 References.....................................................................................................................95 Section 6.0 Lead Agency and Consultants.......................................................................................97 Lead Agency.........................................................................................................................97 Consultants ...........................................................................................................................97 DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
Fisher Creek Detention Basin Expansion iii Initial Study Morgan Hill January 2022
TABLE OF CONTENTS
Figures
Figure 3.0-1: Regional Vicinity .............................................................................................................4 Figure 3.0-2: Local Vicinity ..................................................................................................................5 Figure 3.0-3: Aerial Imagery .................................................................................................................6 Figure 3.0-4: Project Design ..................................................................................................................7 Figure 4.4-1 Land Cover on the Project Site .......................................................................................24 Figure 4.4-2 Habitat Impacts ...............................................................................................................28 Tables
Table 4.3-1 Construction Period Emissions.........................................................................................18 Table 4.3-2 Project Community Risk Impacts.....................................................................................20 Table 4.13-1: Groundborne Vibration Impact Criteria ........................................................................66 Table 4.13-2 Typical Ranges of Construction Noise Levels at 50 feet ...............................................69 Table 4.13-3 Typical Vibratory Intensity at Different Distances ........................................................70 Appendices
Appendix A: Fisher Detention Basin Construction Health Risk Assessment Appendix B: Arborists Report
Appendix C: Fisher Creek Biological Resources Report
Appendix D: Construction Noise Memo
Appendix E: Notice of Availability
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Fisher Creek Detention Basin Expansion 1 Initial Study
Morgan Hill January 2022
SECTION 1.0 INTRODUCTION AND PURPOSE
PURPOSE OF THE INITIAL STUDY
The City of Morgan Hill, as the Lead Agency, has prepared this Initial Study for the Fisher Creek Detention Basin Expansion in compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines (California Code of Regulations §15000 et. seq.) and the regulations and policies of the City of Morgan Hill, California.
The project proposes to excavate 81,000 cubic yards of soil from the existing Fisher Creek Detention Basin to increase its capacity for stormwater detention. This Initial Study evaluates the environmental impacts that might reasonably be anticipated to result from implementation of the proposed project.
PUBLIC REVIEW PERIOD
This Initial Study was circulated for a 30-day public review and comment period starting November 22, 2021. During this period, the Initial Study was available to local, state, and federal agencies and to interested organizations and individuals for review. The Notice of Availability for this circulation is attached as Appendix E of this document. No comments were received during the circulation period.
CONSIDERATION OF THE INITIAL STUDY AND PROJECT
Following the conclusion of the public review period, the City of Morgan Hill will consider the adoption of the Initial Study/Mitigated Negative Declaration (MND) for the project at a regularly scheduled meeting. The City shall consider the Initial Study/MND together with any comments received during the public review process. Upon adoption of the MND, the City may proceed with project approval actions.
NOTICE OF DETERMINATION
If the project is approved, the City of Morgan Hill will file a Notice of Determination (NOD), which will be available for public inspection and posted within 24 hours of receipt at the County Clerk’s Office for 30 days. The filing of the NOD starts a 30-day statute of limitations on court challenges to the approval under CEQA (CEQA Guidelines Section 15075(g)).
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Fisher Creek Detention Basin Expansion 2 Initial Study
Morgan Hill January 2022
SECTION 2.0 PROJECT INFORMATION
PROJECT TITLE
Fisher Creek Detention Basin
LEAD AGENCY CONTACT
City of Morgan Hill
Chris Ghione, Director of Public Works
17575 Peak Avenue
Morgan Hill, CA 95037
[email protected]
PROJECT APPLICANT
City of Morgan Hill
PROJECT LOCATION
East side of Monterey Road, approximately 500 feet south of Jarvis Drive, across the street from 18300 Old Monterey Road, Morgan Hill, CA 95037
ASSESSOR’S PARCEL NUMBER
726-25-028
GENERAL PLAN DESIGNATION AND ZONING DISTRICT
Open Space (OS) General Plan and Zoning Designation
HABITAT PLAN DESIGNATION
Pond
PROJECT-RELATED APPROVALS, AGREEMENTS, AND PERMITS
Grading Permit
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Fisher Creek Detention Basin Expansion 3 Initial Study
Morgan Hill January 2022
SECTION 3.0 PROJECT DESCRIPTION
Project Overview
The City of Morgan Hill owns and operates a regional drainage basin located east of the railroad tracks between Monterey Road and Butterfield Boulevard, North of Digital Drive and South of Jarvis Drive. The basin provides stormwater detention1for the Morgan Hill Ranch Business Park. The existing basin is approximately 7.5 acres at the top rim, 13.7 feet deep, and can hold approximately
43.9 acre-feet of water with no overflow.
To meet future detention and retention needs of the City in the Coyote Creek Watershed area, based upon new estimates of future rainfall load, the City desires to excavate approximately 10 feet of material out of the existing basin to increase the depth from 13.7 feet to 23.7 feet, and introduce more storage capacity. The project would excavate approximately 50,000 cubic yards (CY) of soil over the course of five weeks. This material would be excavated from the toe of the slopes, an area of roughly
2.77 acres, rendering the basin bottom 10 feet lower than the existing elevation. The proposed project would result in the removal of 56 trees on site, including 37 red willows and 19 Fremont cottonwoods. Materials from the excavation would be disposed at the Kirby Canyon Landfill or, if determined appropriate to serve as construction fill, sent to a development site in the City in need of surplus soil, which would reduce the length of trips (compared to Kirby Canyon) needed to deposit and dispose of the dirt this summer. Construction activities would occur from 7 am to 5 pm on weekdays utilizing one large excavator, one dozer, and one grader on site.
The location of the project in a regional and local context can be seen in Figures 3.0-1, 3.0-2, and
3.0-3. The extent of the project design can be seen in Figure 3.0-4 Haul Route
The project proposes the haul route travel from Jarvis Drive to Monterey Road to Cochrane Road.
This would then utilize the US 101 freeway to transport the material to its disposal site.
Alternatively, the proposed project would use the new Sutter Blvd extension and travel from Butterfield Boulevard to Cochrane Road to reach the US 101 freeway. Approximately 8,400 truck haul trips would be required for the proposed project. No staging area is proposed. 1 A detention basin has an inlet and outlet which can release water, while a retention basin only has an inlet and retains the water that enters the basin.
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0 2 4 8 12 16
Miles
101
101
1 85
152
152
Project Site
Morgan Hill
San Jose
Aptos
San Martin
Gilroy
REGIONAL MAP FIGURE 3.0-1
Pacific Ocean
Monterey Bay
San José
Sunnyvale
Fremont
Livermore
Oakland
San Francisco
Santa Cruz
Mountain View
Morgan Hill
Gilroy
Project Site
San Francisco Bay
0 1 5 10 Miles
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0 5001,0002,000Feet
Monterey Road
Old Montereye Road
Hale Avenue Llagas Road
Del Monte Avenue
Jarvis Drive
Sutter Boulevard
Jarvis Drive
Butterfield Boulevard
Cochrane Road
East Main Avenue East Central Avenue
101
U.P.R.R.
U.P.R.R.
VICINITY MAP FIGURE 3.0-2
Base Map: ESRI, ArcGIS 0 200 800 1,200 2,000 Feet
Project Site
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Agriculture
Agriculture
Agriculture Residential
Residential
Residential
Agriculture
Fire
Station Park
Park
Monterey Road
Butterfield Boulevard
Jarvis Drive
Sutter Boulevard
Jarvis Drive
Digital Drive
Old Monterey Road
Llagas Road
Del Monte Avenue
Hale Avenue
Peral Avenue
Berkshire Drive
Sanchez Drive
Bender Circle
U.P.R.R.
U.P.R.R.
AERIAL PHOTOGRAPH AND SURROUNDING LAND USES FIGURE 3.0-3 Aerial Source: Google Earth Pro, Jun. 10, 2021. Photo Date: Sep. 2020 0 100 400 600 1,000 Feet
Project Boundary
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Source: City of Morgan Hill, June 2021.
NOT FOR CONSTRUCTION
PRELIMINARY PLANS
SITE DESIGN FIGURE 3.0-4
PROJECT BOUNDARY
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Fisher Creek Detention Basin Expansion 8 Initial Study
Morgan Hill January 2022
SECTION 4.0 ENVIRONMENTAL SETTING, CHECKLIST, AND
IMPACT DISCUSSION
This section presents the discussion of impacts related to the following environmental subjects in their respective subsections:
4.1 Aesthetics
4.2 Agriculture and Forestry Resources
4.3 Air Quality
4.4 Biological Resources
4.5 Cultural Resources
4.6 Energy
4.7 Geology and Soils
4.8 Greenhouse Gas Emissions
4.9 Hazards and Hazardous Materials
4.10 Hydrology and Water Quality
4.11 Land Use and Planning
4.12 Mineral Resources
4.13 Noise
4.14 Population and Housing
4.15 Public Services
4.16 Recreation
4.17 Transportation
4.18 Tribal Cultural Resources
4.19 Utilities and Service Systems
4.20 Wildfire
4.21 Mandatory Findings of Significance
The discussion for each environmental subject includes the following subsections:
• Environmental Setting – This subsection 1) provides a brief overview of relevant plans, policies, and regulations that compose the regulatory framework for the project and 2) describes the existing, physical environmental conditions at the project site and in the surrounding area, as relevant.
• Impact Discussion – This subsection 1) includes the recommended checklist questions from Appendix G of the CEQA Guidelines to assess impacts and 2) discusses the project’s impact on the environmental subject as related to the checklist questions. For significant impacts, feasible mitigation measures are identified. “Mitigation measures” are measures that will minimize, avoid, or eliminate a significant impact (CEQA Guidelines Section 15370). Each impact is numbered to correspond to the checklist question being answered. For example, Impact BIO-1 answers the first checklist question in the Biological Resources section.
Mitigation measures are also numbered to correspond to the impact they address. For example, MM BIO-1.3 refers to the third mitigation measure for the first impact in the Biological Resources section.
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Fisher Creek Detention Basin Expansion 9 Initial Study
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AESTHETICS
4.1.1 Environmental Setting
Regulatory Framework
State
Streets and Highway Code Sections 260 through 263
The California Scenic Highway Program (Streets and Highway Code, Sections 260 through 263) is managed by the California Department of Transportation (Caltrans). The program is intended to protect and enhance the natural scenic beauty of California highways and adjacent corridors through special conservation treatment. There are no state-designated scenic highways in Morgan Hill.
Interstate 280 from the San Mateo County line to State Route (SR) 17, which includes segments in Morgan Hill, is an eligible, but not officially designated, State Scenic Highway.2 In Santa Clara County, the one state-designated scenic highway is SR 9 from the Santa Cruz County line to the Los Gatos City Limit. Eligible State Scenic Highways (not officially designated) include:
SR 17 from the Santa Cruz County line to SR 9, SR 35 from Santa Cruz County line to SR 9, Interstate 280 from the San Mateo County line to SR 17, and the entire length of SR 152 within the County.
Existing Conditions
Existing Aesthetic Environment
The project site is a city owned detention basin located approximately 90 feet from the edge of Monterey Road, approximately 500 feet south of Jarvis Drive. The area around the basin is undeveloped lots containing grass and small shrub like vegetation. The basin is separated from Monterey Road by a retaining wall, as Monterey Road is depressed below grade under the railroad overcrossing, which blocks views of vehicles traveling on Monterey Road; however, the basin can be seen from the residences on Old Monterey Road, at a distance of about 300 feet. The basin is vegetated containing some medium sized trees and is dry a majority of the year.
Scenic Resources
Scenic resources in the City of Morgan Hill include hillsides that flank the City to the east and west.
Additionally, the General Plan identifies a Greenbelt intended to separate the City from San José and San Martin. The project site is not within the defined areas or scenic resources as established in the General Plan.3
2 California Department of Transportation. ”Scenic Highways.” Accessed December 10, 2020. https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-i-scenic-highways. 3 City of Morgan Hill. 2035 General Plan. July 27, 2016. http://www.morganhill.ca.gov/75/General-Plan.
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Fisher Creek Detention Basin Expansion 10 Initial Study Morgan Hill January 2022
4.1.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Except as provided in Public Resources Code
Section 21099, would the project:
1) Have a substantial adverse effect on a scenic
vista?
2) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
3) In non-urbanized areas, substantially degrade
the existing visual character or quality of
public views of the site and its surroundings? 4
If the project is in an urbanized area, would
the project conflict with applicable zoning and
other regulations governing scenic quality?
4) Create a new source of substantial light or
glare which would adversely affect day or
nighttime views in the area?
Impact AES-1: The project would not have a substantial adverse effect on a scenic vista. (No Impact)
The proposed project would deepen the existing stormwater basin by approximately 10 feet and remove some of the existing vegetation within the basin. The trees which would be removed from the bottom of the basin would not be significantly visible from surrounding areas and their removal would not substantially alter views of the detention basin. The basin is not located in an area determined to be a scenic vista in the General Plan, the basin is not readily visible from Monterey Road due to grade changes, and deepening the basin would not alter an existing scenic vista.
Therefore, the proposed project would not have an impact on scenic vistas. (No Impact) Impact AES-2: The project would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. (No Impact)
The project site is not located within a state designated scenic highway area. Additionally, the proposed project would not impact rock outcroppings or historic buildings in the area. Therefore, the proposed project would have no impact on scenic resources in a state scenic highway area. (No Impact)
4 Public views are those that are experienced from publicly accessible vantage points.
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Fisher Creek Detention Basin Expansion 11 Initial Study Morgan Hill January 2022
Impact AES-3: The project would not conflict with applicable zoning and other regulations governing scenic quality. (No Impact)
The proposed project would not change the land use of the retention basin, nor would it introduce new structures to the site and therefore, the proposed project would not conflict with existing zoning or other regulations governing scenic quality. (No Impact) Impact AES-4: The project would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. (No Impact)
The project site does not contain light sources or sources of glare and the proposed project would not modify the existing conditions by introducing a new source of light or glare. Therefore, the proposed project would have no impact. (No Impact)
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Fisher Creek Detention Basin Expansion 12 Initial Study Morgan Hill January 2022
AGRICULTURE AND FORESTRY RESOURCES
4.2.1 Environmental Setting
Regulatory Framework
State
Farmland Mapping and Monitoring Program
The California Department of Conservation’s Farmland Mapping and Monitoring Program (FMMP) assesses the location, quality, and quantity of agricultural land and conversion of these lands over time. Agricultural land is rated according to soil quality and irrigation status. The best quality land is called Prime Farmland. In CEQA analyses, the FMMP classifications and published county maps are used, in part, to identify whether agricultural resources that could be affected are present on-site or in the project area.5
The California Land Evaluation and Site Assessment (LESA) is a point-based approach for rating the relative importance of agricultural land resources based upon specific measurable features. The LESA Model was developed to provide lead agencies with an optional methodology to ensure that potentially significant impacts on the environment as a result of agricultural land conversions are quantitatively and consistently considered in the environmental review process (Public Resources Code Section 21095).6
California Land Conservation Act
The California Land Conservation Act (Williamson Act) enables local governments to enter into contracts with private landowners to restrict parcels of land to agricultural or related open space uses.
In return, landowners receive lower property tax assessments. In CEQA analyses, identification of properties that are under a Williamson Act contract is used to also identify sites that may contain agricultural resources or are zoned for agricultural uses.7 Fire and Resource Assessment Program
The California Department of Forestry and Fire Protection (CAL FIRE) identifies forest land, timberland, and lands zoned for timberland production that can (or do) support forestry resources.8 Programs such as CAL FIRE’s Fire and Resource Assessment Program and are used to identify 5 California Department of Conservation. “Farmland Mapping and Monitoring Program.” Accessed December 21, 2020. http://www.conservation.ca.gov/dlrp/fmmp/Pages/Index.aspx. 6 California Department of Conservation. “Land Evaluation & Site Assessment Model.” Accessed December 21, 2020. http://www.conservation.ca.gov/dlrp/Pages/qh_lesa.aspx. 7 California Department of Conservation. “Williamson Act.” http://www.conservation.ca.gov/dlrp/lca. 8 Forest Land is land that can support 10 percent native tree cover and allows for management of forest resources (California Public Resources Code Section 12220(g)); Timberland is land not owned by the federal government or designated as experimental forest land that is available for, and capable of, growing trees to produce lumber and other products, including Christmas trees (California Public Resources Code Section 4526); and Timberland Production is land used for growing and harvesting timber and compatible uses (Government Code Section 51104(g)).
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Fisher Creek Detention Basin Expansion 13 Initial Study Morgan Hill January 2022
whether forest land, timberland, or timberland production areas that could be affected are located on or adjacent to a project site.9
Existing Conditions
The project site is identified as Open Space in the Morgan Hill General Plan and is located adjacent to land designated as grazing land.10 The detention basin is not included in a Williamson Act contract and is not identified as Prime Farmland.
4.2.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) 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 non-agricultural use?
2) Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
3) 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))?
4) Result in a loss of forest land or conversion of
forest land to non-forest use?
5) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of Farmland
to non-agricultural use or conversion of forest
land to non-forest use?
9 California Department of Forestry and Fire Protection. “Fire and Resource Assessment Program.” Accessed December 21, 2020. http://frap.fire.ca.gov/.
10 City of Morgan Hill. 2035 General Plan. December 2017. https://www.morganhill.ca.gov/DocumentCenter/View/22839/MH2035-General-Plan---December-2017?bidId=.
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Impact AG-1: The project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use. (No Impact) The proposed project site is not classified as Prime or Unique Farmland, nor is it identified as Farmland of Statewide Importance. Therefore, the proposed project would not impact Prime Farmland, Unique farmland, or Farmland of Statewide Importance. (No Impact) Impact AG-2: The project would not conflict with existing zoning for agricultural use, or a Williamson Act contract. (No Impact)
The proposed project site is not zoned for agricultural use and is not under an existing Williamson Act contract. Therefore, the proposed project would not conflict with an existing agricultural zoning or Williamson Act contract. (No Impact)
Impact AG-3: The project would not conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production. (No Impact)
The proposed project site is not zoned for forest land, timberland or Timberland Production.
Therefore, the proposed project would not conflict with these zoning designations. (No Impact) Impact AG-4: The project would not result in a loss of forest land or conversion of forest land to non-forest use. (No Impact)
The project site is not designated as forest land. The proposed project would not convert forest land resulting in a loss of forest land. (No Impact)
Impact AG-5: The project would not involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to nonforest use. (No Impact) The proposed project would only modify the depth and capacity of the detention basin and would not result in the conversion of surrounding Farmland to non-agricultural use or the conversion of forest land to non-forest uses. Therefore, the proposed project would not impact surrounding agricultural or forest uses. (No Impact)
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Fisher Creek Detention Basin Expansion 15 Initial Study Morgan Hill January 2022
AIR QUALITY
The information in this section is based on the Fisher Detention Basin Construction Health Risk Assessment prepared by Illingworth and Rodkin dated March 11, 2021. This report is included in Appendix A.
4.3.1 Environmental Setting
Regulatory Framework
Federal and State
Clean Air Act
At the federal level, the United States Environmental Protection Agency (EPA) is responsible for overseeing implementation of the Clean Air Act and its subsequent amendments. The federal Clean Air Act requires the EPA to set national ambient air quality standards for the six common criteria pollutants (discussed previously), including PM, O3, CO, SOx, NOx, and lead.
CARB is the state agency that regulates mobile sources throughout the state and oversees implementation of the state air quality laws and regulations, including the California Clean Air Act.
The EPA and the CARB have adopted ambient air quality standards establishing permissible levels of these pollutants to protect public health and the climate. Violations of ambient air quality standards are based on air pollutant monitoring data and are determined for each air pollutant.
Attainment status for a pollutant means that a given air district meets the standard set by the EPA and/or CARB.
Risk Reduction Plan
To address the issue of diesel emissions in the state, CARB developed the Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel-Fueled Engines and Vehicles. In addition to requiring more stringent emission standards for new on-road and off-road mobile sources and stationary diesel-fueled engines to reduce particulate matter emissions by 90 percent, the plan involves application of emission control strategies to existing diesel vehicles and equipment to reduce DPM (in additional to other pollutants). Implementation of this plan, in conjunction with stringent federal and CARB-adopted emission limits for diesel fueled vehicles and equipment (including off-road equipment), will significantly reduce emissions of DPM and NOX.
Regional
2017 Clean Air Plan
The Bay Area Air Quality Management District (BAAQMD) is the agency primarily responsible for assuring that the federal and state ambient air quality standards are maintained in the San Francisco Bay Area. Regional air quality management districts, such as BAAQMD, must prepare air quality plans specifying how state and federal air quality standards will be met. BAAQMD’s most recently adopted plan is the Bay Area 2017 Clean Air Plan (2017 CAP). The 2017 CAP focuses on two related BAAQMD goals: protecting public health and protecting the climate. To protect public health, the 2017 CAP describes how BAAQMD will continue its progress toward attaining state and DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
Fisher Creek Detention Basin Expansion 16 Initial Study Morgan Hill January 2022
federal air quality standards and eliminating health risk disparities from exposure to air pollution among Bay Area communities. To protect the climate, the 2017 CAP includes control measures designed to reduce emissions of methane and other super-greenhouse gases (GHGs) that are potent climate pollutants in the near-term, and to decrease emissions of carbon dioxide by reducing fossil fuel combustion.11
CEQA Air Quality Guidelines
The BAAQMD CEQA Air Quality Guidelines are intended to serve as a guide for those who prepare or evaluate air quality impact analyses for projects and plans in the San Francisco Bay Area.
Jurisdictions in the San Francisco Bay Area Air Basin utilize the thresholds and methodology for assessing air quality impacts developed by BAAQMD within their CEQA Air Quality Guidelines.
The guidelines include information on legal requirements, BAAQMD rules, methods of analyzing impacts, and recommended mitigation measures.
Local
Morgan Hill 2035 General Plan
Adopted July 27, 2016, the Morgan Hill 2035 General Plan includes goals, policies, and actions to improve air quality issues facing the City of Morgan Hill. The following goals, policies, and actions are applicable to the proposed project:
Goal NRE-10: Reduced air pollution emissions.
Policy NRE-10.2 State and Federal Regulation. Encourage effective regulation of mobile and stationary sources of air pollution and support State and federal regulations to improve automobile emission controls.
Goal NRE-11: Minimized exposure of people to toxic air contaminants such as ozone, carbon monoxide, lead, and particulate matter.
Policy NRE-11.3 Health Risk Assessments. For proposed development that emits toxic air contaminants, require project proponents to prepare health risk assessments in accordance with Bay Area Air Quality Management District procedures as part of environmental review and implement effective mitigation measures to reduce potential health risks to less-than-significant levels.
Alternatively, require these projects to be located an adequate distance from residences and other sensitive receptors to avoid health risks. Consult with the Bay Area Air Quality Management District to identify stationary and mobile toxic air contaminant sources and determine the need for and requirements of a health risk assessment for proposed developments Policy NRE-11.4 Truck Routes. For development projects generating significant heavy-duty truck traffic, designate truck routes that minimize exposure of sensitive receptors to toxic air contaminants and particulate matter.
11 BAAQMD. Final 2017 Clean Air Plan. April 19, 2017. http://www.baaqmd.gov/plans-and-climate/air-qualityplans/current-plans.
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Fisher Creek Detention Basin Expansion 17 Initial Study Morgan Hill January 2022
Policy NRE-11.5 Truck Idling. For development projects generating significant truck traffic, require signage to remind drivers that the State truck idling law limits truck idling to five (5) minutes.
Policy NRE-11.6 Vegetation Buffers. Encourage the use of pollution-absorbing trees and vegetation in buffer areas between substantial sources of toxic air contaminants and sensitive receptors.
Goal NRE-12: Minimized air pollutant emissions from demolition and construction activities Policy NRE-12.1: Best Practices. Requirement that development projects implement best management practices to reduce air pollutant emissions associated with construction and operation of the project.
Policy NRE-12.2 Conditions of Approvals. Include dust, particulate matter, and construction equipment exhaust control measures as conditions of approval for subdivision maps, site development and planned development permits, grading permits, and demolition permits. At a minimum, conditions shall conform to construction mitigation measures recommended in the current Bay Area Air Quality Management District CEQA Guidelines.
Policy NRE-12.3 Control Measures. Require construction and demolition projects that have the potential to disturb asbestos (from soil or building material) to comply with all the requirements of the California Air Resource Board’s air toxics control measures (ATCMs) for Construction, Grading, Quarrying, and Surface Mining Operations.
Policy NRE-12.4 Grading. Require subdivision designs and site planning to minimize grading and use landform grading in hillside areas.
• Action NRE-12.A Standard Measures for Demolition and Grading. Adopt and periodically update dust, particulate matter, and exhaust control standard measures for demolition, grading, and construction activities to include on project plans mitigation measures as conditions of approval based Bay Area Air Quality Management District CEQA Guidelines. Include measures to prevent silt loading on roadways that generates particulate matter air pollution by prohibiting unpaved or unprotected access to public roadways from construction sites.
• Action NRE-12.B Grading Ordinance. Revise the grading ordinance and condition grading permits to require that graded areas be stabilized from the completion of grading to commencement and construction.
Existing Conditions
The project site is a detention basin for stormwater and does not currently contribute substantial emissions to the surrounding area. Limited vehicle visits to the detention basin may be conducted for maintenance but this results in negligible emissions created by the site. The nearest sensitive receptors to the project site are located in the residential buildings located 300 feet to the west across Old Monterey Road.
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4.3.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Conflict with or obstruct implementation of
the applicable air quality plan?
2) 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?
3) Expose sensitive receptors to substantial
pollutant concentrations?
4) Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?
Note: 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 determinations.
Impact AIR-1: The project would not conflict with or obstruct implementation of the applicable air quality plan. (Less than Significant Impact) Construction Emissions
The proposed project would require excavation on site and hauling of the materials off site with approximately 8,400 truck trips, with approximately 336 truck trips a day (over the course of 25 days). The predicted emissions created during construction of the proposed project over approximately five weeks are presented in Table 4.3-1 below.
Table 4.3-1 Construction Period Emissions
Year ROG NOx PM10
Exhaust
PM2.5
Exhaust
Construction Emissions Per Year (Tons)
Project construction and hauling in 2021 0.04 0.47 0.02 0.01 Annualized Daily Construction Emissions (pounds/day)
Average daily emissions 0.31 3.65 0.13 0.11
BAAQMD Thresholds (pounds per day) 54 lbs./day 54 lbs./day 82 lbs./day 54 lbs./day Exceed Threshold? No No No No
Source: Illingworth and Rodkin, Inc. Fisher Detention Basin Construction Health Risk Assessment. March 11, 2021
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The construction of the proposed project would not exceed the BAAQMD significance thresholds for daily construction emissions and would be consistent with the 2017 Clean Air Plan. (Less than Significant Impact)
Operations
The proposed project would operate in the same manner as the existing detention basin and would not generate emissions of air quality pollutants. Therefore, the proposed project would have no impacts during operations. (Less than Significant Impact) Impact AIR-2: The project would not 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. (Less than Significant Impact)
As noted above in Impact AIR-1, project construction and operational emissions would be below established BAAQMD thresholds of significance used to determine whether a project would result in a cumulatively considerable contribution of any criteria pollutant for which the region is in nonattainment. Therefore, the construction and operations of the proposed project would result in less than significant net increase of criteria pollutants for the region under applicable federal and state ambient air quality standard. (Less than Significant Impact) Impact AIR-3: The project would not expose sensitive receptors to substantial pollutant concentrations. (Less than Significant Impact with Mitigation Incorporated)
Construction activities, particularly during site preparation and grading, would generate fugitive dust in the form of PM10 and PM2.5. Sources of fugitive dust would include disturbed soils at the construction site and trucks carrying uncovered loads of soils. Vehicles leaving the site would deposit mud on local streets, which would be an additional source of airborne dust after it dries.
Additionally, construction equipment and heavy-duty truck traffic generates diesel exhaust which expose sensitive receptors to toxic air contaminants (TACs) and PM2.5. Residential sensitive receptors along the truck haul routes were considered for impacts from construction emissions in addition to the residential uses to the south and west of the project site. The impacts to sensitive receptors from the proposed project are summarized in Table 4.3-2 below. The Maximumly Exposed Individual (MEI) for the proposed project, which is the sensitive receptor identified with the maximum increased cancer risk, is located approximately 900 feet southeast of the project in the residential development.
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Table 4.3-2 Project Community Risk Impacts
Source
Cancer Risk
at MEI
(per million)
Maximum Annual
PM2.5 (ug/m3) Hazard Index
Project Construction (year 2021) 0.60 0.01 <0.01
Truck Trips Haul Route 1 (year 2021) 0.09 <0.01 <0.01
Truck Trips Haul Route 2 (year 2021) 0.10 <0.01 <0.01
Total 0.79 0.01 <0.01
BAAQMD Single-Source Threshold >10.0 >0.3 >1.0
Exceed Threshold? No No No
Source: Illingworth and Rodkin. Fisher Detention Basin Construction Health Risk Assessment.
Notes: The hauling routes were split into entry and exit paths for the site. Haul Route 1 was determined to only be an exit route for the site and Haul Route 2 would accommodate entry and exit routes. Based on this information the trips were split amongst the two routes.
The proposed project would result in an impact through the generation of dust and other particulate matter during construction.
Impact AIR-1: The proposed project would result in fugitive dust impacts in the form of PM2.5 and PM10 during construction of the project. (Significant Impact) Mitigation Measures
MM-AIR-1 During any construction period ground disturbance, the applicant shall ensure that the project contractor implement measures to control dust and exhaust. Implementation of the measures recommended by BAAQMD and listed below would reduce the air quality impacts associated with grading and new construction to a less-thansignificant level. Additional measures are identified to reduce construction equipment exhaust emissions. The contractor shall implement the following best management practices that are required of all projects:
1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
3. 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.
4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).
5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.
6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
Fisher Creek Detention Basin Expansion 21 Initial Study Morgan Hill January 2022
Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.
7. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
8. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.
Project contributions to overall community risk impacts are below the single-source thresholds. Few cumulative sources, besides the project, are near the project and sensitive receptors. According to BAAQMD, a project will only have a cumulative considerable contribution if the project exceeds the single source threshold. The project is located near the Monterey Road and railroad tracks which contribute to air quality impacts in the surrounding areas. Although the proposed project would contribute to existing emissions, the project impacts are minimal to the point where they would not represent a contribution to a cumulative impact. Therefore, nearby sources within 1,000 feet of the project site, in addition to project construction, would not cause community risk levels to exceed the cumulative thresholds.
Therefore, with the implementation of MM-AIR-1, the proposed project would not result in significant pollutant concentrations which would impact sensitive receptors in the area and the proposed project would result in a less than significant impact. (Less than Significant Impact with Mitigation Incorporated)
Impact AIR-4: The project would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people. (Less than Significant Impact)
The proposed project would not result in any odors or other emissions during the construction or operation of the detention basin. Therefore, the proposed project would not result in other emission impacts adversely affecting a substantial number of people. (Less than Significant Impact) DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
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BIOLOGICAL RESOURCES
The information in this section is based on the Arborists Report prepared by Live Oak Associates Inc. on March 9, 2021, and the Fisher Creek Biological Resources Report prepared by H.T. Harvey and Associates dated May 25, 2021. The full reports are included in Appendix B and Appendix C, respectively.
4.4.1 Environmental Setting
Regulatory Framework
Federal and State
Endangered Species Act
Individual plant and animal species listed as rare, threatened, or endangered under state and federal Endangered Species Acts are considered special-status species. Federal and state endangered species legislation has provided the United States Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW) with a mechanism for conserving and protecting plant and animal species of limited distribution and/or low or declining populations. Permits may be required from both the USFWS and CDFW if activities associated with a proposed project would result in the take of a species listed as threatened or endangered. To “take” a listed species, as defined by the State of California, is “to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill” these species. Take is more broadly defined by the federal Endangered Species Act to include harm of a listed species.
In addition to species listed under state and federal Endangered Species Acts, Sections 15380(b) and (c) of the CEQA Guidelines provide that all potential rare or sensitive species, or habitats capable of supporting rare species, must be considered as part of the environmental review process. These may include plant species listed by the California Native Plant Society and CDFW-listed Species of Special Concern.
Migratory Bird Treaty Act
The federal Migratory Bird Treaty Act (MBTA) prohibits killing, capture, possession, or trade of migratory birds except in accordance with regulations prescribed by the Secretary of the Interior.
Hunting and poaching are also prohibited. The taking and killing of birds resulting from an activity is not prohibited by the MBTA when the underlying purpose of that activity is not to take birds.12 Nesting birds are considered special-status species and are protected by the USFWS. The CDFW also protects migratory and nesting birds under California Fish and Game Code Sections 3503, 3503.5, and 3800. The CDFW defines taking as causing abandonment and/or loss of reproductive efforts through disturbance.
12 United States Department of the Interior. “Memorandum M-37050. The Migratory Bird Treaty Act Does Not Prohibit Incidental Take.” Accessed December 21, 2020. https://www.doi.gov/sites/doi.gov/files/uploads/m37050.pdf.
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Sensitive Habitat Regulations
Wetland and riparian habitats are considered sensitive habitats under CEQA. They are also afforded protection under applicable federal, state, and local regulations, and are generally subject to regulation by the United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), CDFW, and/or the USFWS under provisions of the federal Clean Water Act (e.g., Sections 303, 304, 404) and State of California Porter-Cologne Water Quality Control Act.
Fish and Game Code Section 1602
Streambeds and banks, as well as associated riparian habitat, are regulated by the CDFW per Section 1602 of the Fish and Game Code. Work within the bed or banks of a stream or the adjacent riparian habitat requires a Streambed Alteration Agreement from the CDFW.
Regional and Local
Santa Clara Valley Habitat Plan/Natural Community Conservation Plan The Santa Clara Valley Habitat Plan/Natural Community Conservation Plan (Habitat Plan) covers approximately 520,000 acres, or approximately 62 percent of Santa Clara County. It was developed and adopted through a partnership between Santa Clara County, the Cities of San José, Morgan Hill, and Gilroy, Santa Clara Valley Water District (Valley Water), Santa Clara Valley Transportation Authority (VTA), USFWS, and CDFW. The Habitat Plan is intended to promote the recovery of endangered species and enhance ecological diversity and function, while accommodating planned growth in southern Santa Clara County. The Santa Clara Valley Habitat Agency is responsible for implementing the plan.
Existing Conditions
The project site is occupied by a 7.5 acre,13-foot deep detention basin that contains water during storm events. The bottom of the detention basin is primarily identified as valley freshwater marsh and willow riparian forest/scrub. The upland areas of the basin are mostly California annual grassland with some areas of northern coastal scrub/Diablan sage scrub, and Coast Live Oak woodland. Habitats on the project site can be seen in Figure 4.4-1.
DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
Source: Live Oak Associates, Inc., October 20, 2020.
Monterey Road
Union Pacific Railroad
Live Oak Associates, Inc.
Date Project #
1 10/20/2020
xxxx-01
100'
approximate scale
0 Aerial Photograph courtesy of Google Earth
LEGEND
Approximate Project Boundary
Barren (Graded)
California Annual Grassland
Coast Live Oak Forest & Woodland
Coastal & Valley Freshwater Marsh
Coyote Brush Scrub
Urban-Suburban
Willow Riparian Forest & Scrub
200' 200 feet
Monterey Road
Union Pacific Railroad
Live Oak
Date Project #
10/20/2020
x
100'
approximate scale
0 Aerial Photograph courtesy of Google Earth
LEGEND
Approx
Barren
Califor
Coast
Coasta
Coyote
Urban-
Willow
200' 200 feet
LAND COVER ON PROJECT SITE FIGURE 4.4-1
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Special Status Species
Four special-status bird species, the tricolored blackbird (Agelaius tricolor), loggerhead shrike (Lanius ludovicianus), grasshopper sparrow (Ammodramus savannarum), and American peregrine falcon (Falcon peregrinus anatum) can occasionally occur within the project site as nonbreeding foragers (i.e., they do not nest within the project site).
The pallid bat (Antrozous pallidus), a California species of special concern, may also forage aerially over habitats within the project site. These species are not expected to nest, roost, or breed in or immediately adjacent to the project site.
The yellow warbler (Setophaga petechia), white-tailed kite (Elanus leucurus), and monarch butterfly (Danaus plexippus) could potentially breed in very low numbers within or immediately adjacent to the project site.
Sensitive Natural Communities and Habitats
The natural communities on site are considered to be secure and are not at risk of endangerment at a state or global scale. The areas at and below the top of the bank are considered to be riparian habitat under CDFW jurisdiction and this habitat extends to the outer edges of riparian tree canopies surrounding the basin.
Based on the vegetation, soils, and hydrology of the basin, the area at the base of the basin supports wetland vegetation and would likely be considered jurisdictional under the Clean Water Act.
Additionally, the RWQCB would likely also consider the riparian vegetation located below the top of the bank of the basin (i.e., willow riparian forest and scrub land cover type) to be important buffers to Waters of the State associated with the basin.
On-site Trees
The primary resources located on the project site are the 91 trees, including 88 indigenous trees and three non-indigenous trees. A summary of the ordinance-sized, indigenous tree species on site include; 46 red willows (Salix laevigata), 33 Fremont’s cottonwood, five coast live oaks (Quercus agrifolia); three Goodding’s black willow (Salix gooddingii); and one valley oak (Quercus lobata).
The non-indigenous trees on site include two potentially ordinance-sized evergreen ash (Fraxinus uhdei) and a Brazilian pepper (Schinus terebinthifolia), and one non-ordinance sized plane tree (Platanus occidentalis).
Hydrologic Connectivity
Three inlets direct storm flows into the basin including two inlets in the easternmost corner and a third inlet in the southernmost corner. All storm drains are fed by sheet flow from adjacent upland areas. The only outlet for water in the basin is via a pump in the northwesternmost corner, which leads to headwaters for Fisher Creek. This pump is up high on the bank, and is intended to be used when the basin fills during large or successive storm events. The pump leads to a pipe which outfalls into Fisher Creek near the intersection of Jarvis Drive and Monterey Road. Because the basin was constructed in an upland area, it is not considered a part of Fisher Creek.
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4.4.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) 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
(CDFW) or United States Fish and Wildlife
Service (USFWS)?
2) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations, or by the CDFW
or USFWS?
3) 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?
4) 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 native wildlife nursery sites?
5) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
6) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
Impact BIO-1: The project would not 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 CDFW or USFWS. (Less than Significant Impact with Mitigation Incorporated)
The proposed project would require the removal of multiple trees on site and would also require work adjacent to multiple trees remaining on-site. The disturbance of trees on the project site would potentially disturb birds using these trees as nesting or foraging habitat, including the tri-colored blackbird, which is part of a survey area that the site occupies. The site would also provide habitat or DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
Fisher Creek Detention Basin Expansion 27 Initial Study Morgan Hill January 2022
breeding area for multiple species which may be present in the area based on the land cover types within the basin area. Therefore, the deepening of the basin and other disturbance on the project site would impact sensitive or special status species identified in local or regional plans, policies, or regulations, or by the CDFW or USFWS.
Regionally Common Land Cover Types and Common Plant and Wildlife Species The proposed project would result in 0.12 acres of temporary impacts California annual grassland and 0.02 acres of permanent impacts to northern coastal scrub/Diablan sage scrub. These impacts can be seen in Figure 4.4-2. The location of this habitat on site is on the engineered banks of the existing basin and this does not provide regionally rare or especially high-value habitat. California annual grassland and northern coastal scrub/Diablan sage scrub are abundant and widespread regionally, are not considered sensitive by the Habitat Plan and are not particularly valuable from the perspective of providing important plant or wildlife habitat. Therefore, impacts on these habitats would result in a less than significant impact on habitat for native vegetation or wildlife, or special-status species. (Less than Significant Impact)
Nonbreeding Special-Status Birds and Mammals
Additionally, the project site is known to contain tricolored blackbird, the loggerhead shrike, the grasshopper sparrow, the American peregrine falcon, and the pallid bat as nonbreeding migrants, transients, or foragers. Activities under the proposed project would have potential to impact foraging habitats and individuals of these species through the alteration of foraging patterns (e.g., avoidance of work sites because of increased noise and activity levels during maintenance activities) but would not result in the loss of individuals, as individuals of these species would move away from any construction areas or equipment before they could be injured or killed. Further, the habitats within the project site do not provide important foraging habitat used regularly by large numbers of individuals of any of these species. Therefore, impacts of the proposed project would not substantially impact on these species’ foraging habitat or regional populations of these species and would result in a less than significant impact. (Less than Significant Impact) Yellow Warbler and White-Tailed Kite
The yellow warbler (a California species of special concern) and white-tailed kite (a state fully protected species) could potentially nest in riparian habitat within and immediately adjacent to the project site around the detention basin. Yellow warbler’s may forage in this habitat during migration and winter, and white tailed kites may forage in surrounding grasslands year-round. According to site observations performed as part of the biological assessment, it is likely that no more than two pairs of yellow warblers and one pair of white-tailed kites could potentially nest within or immediately adjacent to the project site.
The project would result in the temporary and permanent loss of suitable nesting and foraging habitat for these species through the temporary and permanent removal of trees and upland areas. In addition, activities that occur during the nesting season would cause a substantial increase in noise or human activity near active nests of yellow warblers or white-tailed kites resulting in the abandonment of active nests (i.e., nests with eggs or young). Additionally, heavy ground disturbance, noise, and vibrations created by project activities could also potentially disturb nesting and foraging individuals and cause them to move away from the project site.
DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
Source: H.T. Harvey & Associates, May 2021.
10 8
1 2
3 4
5 6
7 9
11 1
?3URMHFWV??5HSRUWV?)LVKHU&UHHN%55?)LVKHU&UHHN%55DSU[DNDLVHU 125 62.50 125
Feet
Project Boundary
Photo Point
Permanent Impact
Temporary Impact
Land Cover
California Annual Grassland
Northern Coastal Scrub/Diablan
Sage Scrub
Coast Live Oak Forest and
Woodland
Coastal & Valley Freshwater
Marsh
Urban-Suburban
Willow Riparian Forest and Scrub
May 2021
Fisher Creek Basin Project Biological Resources Report (4454-01) Figure 3. Impact Area and Land Cover Type
HABITAT IMPACTS FIGURE 4.4-2
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The number of individuals from each species that would be affected by activities at the project site would be limited to only one or two nesting pairs. Therefore, the construction would not impact a substantial number of species and the disturbance of habitat would not create substantial impact to activities on site. To prevent the potential for impacts, the proposed project would be required to comply with standard conditions included in the Habitat Plan as seen below.
Impact BIO-1: Construction activities on the project site could result in the loss of raptor and/or migratory bird eggs or nestlings, either directly by destroying an active nest or indirectly by disturbing and causing the abandonment of an active nest. (Significant Impact)
Mitigation Measures: The following mitigation measures will ensure impacts to nesting birds are reduced to a less than significant level.
MM-BIO-1.1: Construction shall be scheduled to avoid the nesting season to the extent feasible. If construction can be scheduled to occur between September 1st and January 31st (inclusive) to avoid the raptor nesting season, no impacts will be expected. If construction will take place between February 1st and August 31st, then preconstruction surveys for nesting birds shall be completed by a qualified ornithologist to ensure that no nests will be disturbed during project implementation. Surveys shall be completed within 30 days of the on-set of site clearing or construction activities. During this survey, the ornithologist shall inspect all trees and other potential nesting habitats (e.g., trees, shrubs, buildings) onsite trees as well as all trees within 250 feet of the site for nests.
MM-BIO-1.2: If an active nest is found sufficiently close to work areas to be disturbed by these activities, the ornithologist shall determine the extent of a disturbancefree buffer zone to be established around the nest (typically 250 feet for raptors and 50-100 feet for other species) that shall remain off limits to construction until the nesting season is over, to ensure that no nests of species protected by the Migratory Bird Treaty Act and California Fish and Wildlife Code will be disturbed during project implementation. A report indicating the result of the survey and any designated buffer zones shall be submitted to the satisfaction of the Development Services Director prior to issuance of a grading permit.
Through compliance with the standard conditions of the Habitat Plan the proposed project would have a less than significant impact on the yellow warbler and white-tailed kite. (Less than Significant Impact with Mitigation Incorporated)
Monarch Butterfly
Construction of the proposed project would result in minimal temporary impacts monarch butterflies within the project site. However, the site is only occasional used for food or breeding, and the proposed project will not prevent the presence of suitable nectar sources or habitat for milkweed. The site would therefore continue to provide resources for the monarch butterfly following project activities. In addition, the site supports a small proportion of regionally available nectar sources and DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
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milkweed plants, therefore, the temporary or permanent impacts to habitat on the site will not have substantial impacts habitat for monarchs.
There is a possibility for project activities to impact eggs or larvae of this species in the event that they are breeding on the site, however, any such impact would represent a small proportion of regional populations and therefore would not have a significant impact on them. The proposed project would also be required to pay Habitat Plan impact fees to offset any potential impacts which may occur as a part of the project. Therefore, the impacts to monarch butterflies on the project site would be less than significant. (Less than Significant Impact) Impact BIO-2: The project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFW or USFWS. (Less than Significant Impact with Mitigation Incorporated)
The proposed project would require disturbance of ground surfaces primarily at the bottom of the detention basin and along the toe of the slope on the edge of the basin. Willow riparian forest and scrub is the primary habitat type in this location and the proposed project would result in approximately 0.74 acres of vegetation removal within this area. Additionally, the proposed project would require temporary modification of 0.02 acres this habitat on the corners of the site, via tree trimming, removal of ground cover, and minor tree removal, to allow for construction access.
The proposed project would be required to comply with Condition 3 included in the Habitat Plan to reduce impacts to this habitat area.
Impact BIO-2: The proposed project would disturb willow riparian forest and would require fee payment and avoidance and minimization measures to reduce impacts. (Significant Impact)
Mitigation Measures: The following mitigation measures will ensure impacts to riparian are reduced to a less than significant level.
MM-BIO-2.1: The proposed project would be required to comply with Habitat Plan Condition 3 which applies to all projects and identifies a set of programmatic BMPs, performance standards, and control measures to minimize increases of peak discharge of stormwater and to reduce runoff of pollutants to protect water quality, including during project construction. These requirements include preconstruction, construction site, and post-construction actions.
Preconstruction conditions are site design planning approaches that protect water quality by preventing and reducing the adverse impacts of stormwater pollutants and increases in peak runoff rate and volume. They include hydrologic source control measures that focus on the protection of natural resources. Construction site conditions include source and treatment control measure to prevent pollutants from leaving the construction site and minimizing site erosion and local stream sedimentation during construction.
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Post-construction conditions include measures for stormwater treatment and flow control.
MM-BIO-2.2: The project will pay VHP impact fees for impacts of the project on natural habitats, including riparian impact fees. Those fees will contribute to the VHP’s conservation program, which includes restoration, enhancement, and management of riparian habitats, thus compensating for impacts of VHP covered projects on riparian habitats. The Santa Clara Valley Habitat Agency uses these fees to fund the acquisition and restoration of similar riparian habitats within the Plan area, thus compensating for the small loss of riparian habitat.
Therefore, through compliance with the standard conditions identified in the Habitat Plan the proposed project would have a less than significant impact on riparian or other sensitive habitats on the project site. (Less than Significant Impact with Mitigation Incorporated) Impact BIO-3: The project would not have a substantial adverse effect on state or federally protected wetlands through direct removal, filling, hydrological interruption, or other means. (Less than Significant Impact with Mitigation Incorporated)
The proposed project would disturb approximately 2.82 acres of coastal and valley freshwater marsh wetland area during soil excavation for the construction period. The degree to which wetland vegetation re-establishes would be a based on the expected duration of seasonal inundation following the grading and whether that will result in open water habitat persisting and replacing the current wetland vegetation. Because the replacement is currently unknown at this time, the removal of the wetland vegetation for excavation purposes is considered a permanent impact on wetland areas. The proposed project would implement Condition 3 and Condition 12required by the Habitat Plan to reduce the impacts to wetland areas.
Impact BIO-3: The proposed project would disturb coastal and valley freshwater marsh wetland and would require fee payment and avoidance and minimization measures to reduce impacts. (Significant Impact)
Mitigation Measures: The following mitigation measures will ensure impacts to state or federally protected wetlands are reduced to a less than significant level.
MM-BIO-3.1: The proposed project would be required to comply with Habitat Plan Condition 3 which applies to all projects and identifies a set of programmatic BMPs, performance standards, and control measures to minimize increases of peak discharge of stormwater and to reduce runoff of pollutants to protect water quality, including during project construction.
These requirements include preconstruction, construction site, and postconstruction actions.
Preconstruction conditions are site design planning approaches that protect DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
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water quality by preventing and reducing the adverse impacts of stormwater pollutants and increases in peak runoff rate and volume. They include hydrologic source control measures that focus on the protection of natural resources. Construction site conditions include source and treatment control measure to prevent pollutants from leaving the construction site and minimizing site erosion and local stream sedimentation during construction.
Post-construction conditions include measures for stormwater treatment and flow control.
MM-BIO-3.2: The project will pay VHP impact fees for impacts of the project on natural habitats, including wetland impact fees, in accordance with Condition 12.
These fees will contribute to the VHP’s conservation program, which includes restoration, enhancement, and management of wetland habitats, thus compensating for impacts of VHP-covered projects on such habitats. The Santa Clara Valley Habitat Agency uses these fees to fund the restoration of similar wetland habitats within the Plan area, thus compensating for these impacts.
Therefore, through compliance with the standard conditions and payment of Habitat Plan fees the impacts to wetland habitat would be minimized to the greatest extent possible and impacted areas would be restored or enhanced in commensurate areas near the project site, and the proposed project would have a less than significant impact on wetland areas. (Less than Significant Impact with Mitigation Incorporated)
Impact BIO-4: The project would not 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 native wildlife nursery sites. (Less than Significant Impact) The project site provides area for animals to breed, but the site does not contain important wildlife nursery areas which would be impacted by activity on the project site.
In the proposed project region, natural habitats are important for movement as long as no barriers to connectivity exist. However, the habitats comprising the project site are separated from natural lands (e.g., in the hills on either side of Coyote Valley, or along Fisher Creek or Coyote Creek) by extensive urban development, which limits the potential for the site to support regional wildlife movement.
The proposed project would temporarily create noise and disturbance which would cause species that commonly utilize habitat in the project site to avoid normal dispersal pathways temporarily. This temporary discouragement would only occur for the duration of construction over five weeks, therefore, the impact to migratory species would be low and the project site would return to preproject conditions after this period.
The removal of vegetation at the base of the basin would also result in a more permanent limitation of movement for species on the project site. This limitation would only marginally decrease the value DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
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of the detention basin for wildlife movement; however, the proposed project would pay Habitat Plan impact fees to limit impacts on migratory pathways through the site. Therefore, the proposed project would have a less than significant impact on the movement of any native resident or migratory fish or wildlife species, would not significantly impact established native resident or migratory wildlife corridors, and would not impede the use of native wildlife nursery sites. (Less than Significant Impact)
Impact BIO-5: The project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. (Less than Significant Impact with Mitigation Incorporated) The proposed project would result in the removal of 56 trees on site, including 37 red willows and 19 Fremont cottonwoods. In addition, construction activities would be conducted in close proximity to multiple other trees on-site. The removal and potential for damage to trees retained on site would require the proposed project to comply with the standard tree protection and replacement measures identified by the City of Morgan Hill.
Impact BIO-5: The removal, cutting down, poisoning, or other destruction of protected trees, including pruning that would reduce the canopy area by more than 25 percent of any Ordinance sized tree, would require permits or mitigation measures under the City Municipal Code (Chapter 12.32). (Significant Impact) Mitigation Measures: The following mitigation measures will ensure impacts to ordinance sized trees are reduced to a less than significant level.
MM BIO-5.1: To the extent feasible, activities shall avoid impacts to any protected trees.
Avoidance is considered to be completely avoiding any work or staging under the dripline of trees. The boundary of the designated avoidance buffer shall be flagged or fenced prior to initial ground disturbance. If complete avoidance is not feasible, BIO MM-5.2 shall be implemented.
MM BIO-5.2: The project proponent shall comply with local ordinances and submit permit applications for removal, trimming, damage, or relocation of all trees covered by the City ordinance. Any trees to be removed shall require replacement at a two to-one ratio on a comparable ratio of size. The replacement trees shall be planted on site to the extent feasible and the project proponent shall comply with all other replacement requirements imposed by the City.
In accordance with Municipal Code Section 12.32.080, the City would replace these trees with plantings of trees in compliance with landscaping requirements in Chapter 18.74 of the municipal code. Since the project is required to comply with the City’s Municipal Code Chapter 12.32 for tree removal and replacement, the project would not result in a significant impact due to the loss of trees.
Therefore, incorporation of the above conditions to ensure compliance with the City of Morgan Hill tree ordinance, any potential impacts related to conflict with local policies or ordinances protecting trees would be less than significant. (Less than Significant Impact with Mitigation Incorporated) DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
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Impact BIO-6: The project would not 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 Impact)
The City of Morgan Hill is a signatory to the Habitat Plan, which is a Habitat Conservation Plan and Natural Community Conservation Plan. As described in above, the proposed project is considered a “covered project” under the Habitat Plan. Species covered under the Habitat Plan are not expected to be significantly impacted by the proposed project as discussed in the impact discussion above.
Similarly, impacts on sensitive habitats, such as stream and riparian habitats for which the Habitat Plan requires specific impact fees, are discussed above. The project will apply for Habitat Plan coverage and will adhere to all applicable Habitat Plan Conditions during project implementation.
Therefore, the proposed project would not conflict with the Habitat Plan.
The proposed project would not conflict with any other adopted habitat conservation plans or natural community conservation plans, or with any other approved local, regional, or state habitat conservation plans or natural community conservation plans. Therefore, impacts associated with conflicts between the proposed project and any adopted habitat conservation plan or natural community conservation plan are less than significant. (Less than Significant Impact) DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
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CULTURAL RESOURCES
4.5.1 Environmental Setting
Regulatory Framework
Federal and State
National Historic Preservation Act
Federal protection is legislated by the National Historic Preservation Act of 1966 (NHPA) and the Archaeological Resource Protection Act of 1979. These laws maintain processes for determination of the effects on historical properties eligible for listing in the National Register of Historic Places (NRHP). Section 106 of the NHPA and related regulations (36 Code of Federal Regulations [CFR] Part 800) constitute the primary federal regulatory framework guiding cultural resources investigations and require consideration of effects on properties that are listed or eligible for listing in the NRHP. Impacts to properties listed in the NRHP must be evaluated under CEQA.
California Register of Historical Resources
The California Register of Historical Resources (CRHR) is administered by the State Office of Historic Preservation and encourages protection of resources of architectural, historical, archeological, and cultural significance. The CRHR identifies historic resources for state and local planning purposes and affords protections under CEQA. Under Public Resources Code Section 5024.1(c), a resource may be eligible for listing in the CRHR if it meets any of the NRHP criteria.13 Historical resources eligible for listing in the CRHR must meet the significance criteria described previously and retain enough of their historic character or appearance to be recognizable as historical resources and to convey the reasons for their significance. A resource that has lost its historic character or appearance may still have sufficient integrity for the CRHR if it maintains the potential to yield significant scientific or historical information or specific data.
The concept of integrity is essential to identifying the important physical characteristics of historical resources and, therefore, in evaluating adverse changes to them. Integrity is defined as “the authenticity of a historical resource’s physical identity evidenced by the survival of characteristics that existed during the resource's period of significance.” The processes of determining integrity are similar for both the CRHR and NRHP and use the same seven variables or aspects to define integrity that are used to evaluate a resource's eligibility for listing. These seven characteristics include 1) location, 2) design, 3) setting, 4) materials, 5) workmanship, 6) feeling, and 7) association.
California Native American Historical, Cultural, and Sacred Sites Act The California Native American Historical, Cultural, and Sacred Sites Act applies to both state and private lands. The act requires that upon discovery of human remains, construction or excavation activity must cease and the county coroner be notified. 13California Office of Historic Preservation. “CEQA Guidelines Section 15064.5(a)(3) and California Office of Historic Preservation Technical Assistance Series #6.” Accessed August 31, 2020. http://www.ohp.parks.ca.gov/pages/1069/files/technical%20assistance%20bulletin%206%202011%20update.pdf.
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Public Resources Code Sections 5097 and 5097.98
Section 15064.5 of the CEQA Guidelines specifies procedures to be used in the event of an unexpected discovery of Native American human remains on non-federal land. These procedures are outlined in Public Resources Code Sections 5097 and 5097.98. These codes protect such remains from disturbance, vandalism, and inadvertent destruction, establish procedures to be implemented if Native American skeletal remains are discovered during construction of a project, and establish the Native American Heritage Commission (NAHC) as the authority to resolve disputes regarding disposition of such remains.
Pursuant to Public Resources Code Section 5097.98, in the event of human remains discovery, no further disturbance is allowed until the county coroner has made the necessary findings regarding the origin and disposition of the remains. If the remains are of a Native American, the county coroner must notify the NAHC. The NAHC then notifies those persons most likely to be related to the Native American remains. The code section also stipulates the procedures that the descendants may follow for treating or disposing of the remains and associated grave goods.
Existing Conditions
The existing site has been excavated to 13 feet below the ground surface to construct the existing detention basin.
Archeological Setting
There have been several noteworthy studies of the archaeological resources in Morgan Hill. Within this body of research, cultural, temporal, and spatial units were separated from each other and assigned them to six chronological periods: Paleo-Indian (10000 to 6000 B.C.), Lower, Middle and Upper Archaic (6000 B.C. to A.D. 500), and Emergent (Upper and Lower, A.D. 500 to 1800).
According to a report by Circa: Historic Property Development, the first inhabitants to the Morgan Hill area arrived approximately 10,000 years ago, shortly after the Ice Age. Tribes in the area were hunter gatherers and relied on local terrestrial and marine flora and fauna.
Waterfowl were captured by local tribes in nets using decoys to attract them. Native peoples constructed watercraft from tule reeds and possessed bow and arrow technology, fashioned blankets from sea otter pelts, and fabricated basketry from twined reeds of various types. They also assembled a variety of stone and bone tools in their assemblages. Buried remnants of this lifestyle would constitute archeological resources.
Archaeological surveys conducted in Morgan Hill have identified numerous prehistoric sites with shell midden components, including human burials. This finding indicates there is potential for additional undiscovered archeological resources in the City.
Historical Setting
The project site does not contain structures however the project is adjacent to the Monterey Road UPRR Train Trestle, also known as the Madrone Underpass, which is listed on local historic registers.
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4.5.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Cause a substantial adverse change in the
significance of a historical resource pursuant
to CEQA Guidelines Section 15064.5?
2) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to CEQA Guidelines Section
15064.5?
3) Disturb any human remains, including those
interred outside of dedicated cemeteries?
Impact CUL-1: The project would not cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines Section 15064.5. (No Impact)
The proposed project would involve the excavation of the existing detention basin. The existing site does not contain historic structures; however, it is located near the Monterey Road UPRR Train Trestle which is a listed historic structure, on state or local historic registers. The bridge is currently in operation and is structurally stable with train traffic occurring frequently on the bridge. The bridge is adjacent to the site; however, it will not receive substantial vibratory impacts from construction and would not represent an impact on historic resources. Therefore, the proposed project would result in a less than significant impact on a historical resource pursuant to CEQA Guidelines Section 15064.5. (No Impact)
Impact CUL-2: The project would not cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5. (Less than Significant Impact)
The proposed project would excavate the bottom of the existing detention basin to increase the depth by approximately 10 feet. Due to the presence of cultural resources in the City of Morgan Hill, during excavation there is a chance that unknown archaeological resources may be uncovered, including human remains. In the event that the proposed project encounters archeological resources, the proposed project will incorporate the following Standard Conditions of Approval.
Standard Condition CUL-1 (Unintentional Discovery of Resources): In the event of the unintentional discovery of undocumented human remains or significant historic or archaeological materials during construction, the following policies and procedures for treatment and disposition measures shall be implemented:
• If human remains are encountered, they shall be treated with dignity and respect as due to them. Information about such a discovery shall be held in confidence by all project personnel DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
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on a need to know basis. The rights of Native Americans to practice ceremonial observances on sites, in labs and around artifacts shall be upheld. o Remains shall not be held by human hands. Surgical gloves shall be worn if remains need to be handled.
o Surgical mask shall also be worn to prevent exposure to pathogens that may be associated with the remains.
• In the event that known or suspected Native American remains are encountered, or significant historic or archaeological materials are discovered, ground-disturbing activities shall be immediately stopped.27 Ground-disturbing project activities may continue in other areas that are outside the discovery location.
• An “exclusion zone” where unauthorized equipment and personnel are not permitted shall be established (e.g., taped off) around the discovery area plus a reasonable buffer zone by the Contractor Foreman or authorized representative, or party who made the discovery, or if onsite at the time or discovery, by the Monitoring Archaeologist (typically 25 to 50 foot buffer for a single burial or archaeological find).
• The discovery location shall be secured as directed by the City if considered prudent to avoid further disturbances.
• The Contractor Foreman or authorized representative, or party who made the discovery shall be responsible for immediately contacting by telephone the parties listed below to report the find and initiate the consultation process for treatment and disposition:
o The City of Morgan Hill Development Services Director o The Contractor's Point(s) of Contact
o The Coroner of the County of Santa Clara (if human remains found) o The Native American Heritage Commission (NAHC) in Sacramento o The Amah Mutsun Tribal Band
• The Coroner will have two working days to examine the human remains after being notified of the discovery. If the remains are Native American, the Coroner has 24 hours to notify the NAHC. The NAHC is responsible for identifying and immediately notifying the Most Likely Descendant (MLD) from the Amah Mutsun Tribal Band. (Note: NAHC policy holds that the Native American Monitor will not be designated the MLD.) • Within 24 hours of their notification by the NAHC, the MLD will be granted permission to inspect the discovery site if they so choose.
• Within 24 hours of their notification by the NAHC, the MLD may recommend to the City’s Development Services Director the recommended means for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The recommendation may include the scientific removal and non-destructive or destructive analysis of human remains and items associated with Native American burials. Only those osteological analyses or DNA analyses recommended by the Amah Mutsun Tribal Band may be considered and carried out.
• If the MLD recommendation is rejected by the City of Morgan Hill, the parties will attempt to mediate the disagreement with the NAHC. If mediation fails, then the remains and all associated grave offerings shall be reburied with appropriate dignity on the property in a location not subject to further subsurface disturbance.
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Through the integration of these standard conditions of approval, the proposed project would not result in a significant impact on undiscovered cultural resources. (Less than Significant Impact) Impact CUL-3: The project would not disturb any human remains, including those interred outside of dedicated cemeteries. (Less than Significant Impact) As stated above the proposed project would require 10 feet of excavation and has the potential to expose undiscovered human remains due to the activities in the areas around the project site. The project would implement the Standard Conditions of Approval above which would reduce the potential impact to a less than significant level. Therefore, the proposed project would not have a significant impact from the disturbance of human remains on the project site. (Less than Significant Impact)
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ENERGY
4.6.1 Environmental Setting
Regulatory Framework
Federal and State
Energy Star and Fuel Efficiency
At the federal level, energy standards set by the EPA apply to numerous consumer products and appliances (e.g., the EnergyStar™ program). The EPA also sets fuel efficiency standards for automobiles and other modes of transportation.
Renewables Portfolio Standard Program
In 2002, California established its Renewables Portfolio Standard Program, with the goal of increasing the percentage of renewable energy in the state's electricity mix to 20 percent of retail sales by 2010. Governor Schwarzenegger issued Executive Order (EO) S-3-05, requiring statewide emissions reductions to 80 percent below 1990 levels by 2050. In 2008, EO S-14-08 was signed into law, requiring retail sellers of electricity serve 33 percent of their load with renewable energy by 2020. In October 2015, Governor Brown signed SB 350 to codify California’s climate and clean energy goals. A key provision of SB 350 requires retail sellers and publicly owned utilities to procure 50 percent of their electricity from renewable sources by 2030. SB 100, passed in 2018, requires 100 percent of electricity in California to be provided by 100 percent renewable and carbon-free sources by 2045.
Executive Order B-55-18 To Achieve Carbon Neutrality
In September 2018, Governor Brown issued an executive order, EO-B-55-18 To Achieve Carbon Neutrality, setting a statewide goal “to achieve carbon neutrality as soon as possible, and no later than 2045, and achieve and maintain net negative emissions thereafter.” The executive order requires CARB to “ensure future Scoping Plans identify and recommend measures to achieve the carbon neutrality goal.” EO-B-55-18 supplements EO S-3-05 by requiring not only emissions reductions, but also that, by no later than 2045, the remaining emissions be offset by equivalent net removals of CO2 from the atmosphere through sequestration.
California Building Standards Code
The Energy Efficiency Standards for Residential and Nonresidential Buildings, as specified in Title 24, Part 6 of the California Code of Regulations (Title 24), was established in 1978 in response to a legislative mandate to reduce California’s energy consumption. Title 24 is updated approximately every three years.14 Compliance with Title 24 is mandatory at the time new building permits are issued by city and county governments.15
14 California Building Standards Commission. “California Building Standards Code.” Accessed December 21, 2020. https://www.dgs.ca.gov/BSC/Codes#@ViewBag.JumpTo.
15 California Energy Commission (CEC). “2019 Building Energy Efficiency Standards.” Accessed December 21, 2020. https://www.energy.ca.gov/programs-and-topics/programs/building-energy-efficiency-standards/2019- building-energy-efficiency.
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Existing Conditions
The project site is a detention basin and has minimal energy consumption in its existing state. The pump on the northwest corner of the project site would periodically result in energy consumption during storm events however this is not a regular recurring source of energy use.
4.6.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Result in a potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of
energy resources, during project construction
or operation?
2) Conflict with or obstruct a state or local plan
for renewable energy or energy efficiency?
Impact EN-1: The project would not result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation. (Less than Significant Impact)
Construction
During construction the proposed project would utilize construction equipment and dump trucks to excavate and haul the material from the bottom of the detention basin. The construction process would use the most efficient, cost effective machinery to complete the excavation which would not result in wasteful consumption or accidental loss of fuel on site. In addition, the proposed project would only temporarily result in the use of energy resources on-site. Therefore, the proposed project would not result in wasteful, inefficient, or unnecessary consumption of energy resources, during project construction. (Less than Significant Impact)
Operational
The proposed project would not contribute to energy consumption during operations because the detention basin does not require lighting or other energy consumptive features. The pump on the northwest side of the site would not be modified as part of the project and would continue to operate during storm events in a manner similar to under existing conditions. Therefore, the proposed project would result in less than significant impacts from energy consumption during operations. (Less than Significant Impact)
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Impact EN-2: The project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. (Less than Significant Impact) The proposed project would not increase the energy consumption of the project site over existing usage and therefore the proposed project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. (Less than Significant Impact) DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
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GEOLOGY AND SOILS
4.7.1 Environmental Setting
Regulatory Framework
State
Alquist-Priolo Earthquake Fault Zoning Act
The Alquist-Priolo Earthquake Fault Zoning Act was passed following the 1971 San Fernando earthquake. The act regulates development in California near known active faults due to hazards associated with surface fault ruptures. Alquist-Priolo maps are distributed to affected cities, counties, and state agencies for their use in planning and controlling new construction. Areas within an Alquist-Priolo Earthquake Fault Zone require special studies to evaluate the potential for surface rupture to ensure that no structures intended for human occupancy are constructed across an active fault.
Seismic Hazards Mapping Act
The Seismic Hazards Mapping Act (SHMA) was passed in 1990 following the 1989 Loma Prieta earthquake. The SHMA directs the California Geological Survey (CGS) to identify and map areas prone to liquefaction, earthquake-induced landslides, and amplified ground shaking. CGS has completed seismic hazard mapping for the portions of California most susceptible to liquefaction, landslides, and ground shaking, including the central San Francisco Bay Area. The SHMA requires that agencies only approve projects in seismic hazard zones following site-specific geotechnical investigations to determine if the seismic hazard is present and identify measures to reduce earthquake-related hazards.
California Building Standards Code
The CBC prescribes standards for constructing safe buildings. The CBC contains provisions for earthquake safety based on factors including occupancy type, soil and rock profile, ground strength, and distance to seismic sources. The CBC requires that a site-specific geotechnical investigation report be prepared for most development projects to evaluate seismic and geologic conditions such as surface fault ruptures, ground shaking, liquefaction, differential settlement, lateral spreading, expansive soils, and slope stability. The CBC is updated every three years.
California Division of Occupational Safety and Health Regulations Excavation, shoring, and trenching activities during construction are subject to occupational safety standards for stabilization by the California Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA) under Title 8 of the California Code of Regulations and Excavation Rules. These regulations minimize the potential for instability and collapse that could injure construction workers on the site.
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Public Resources Code Section 5097.5
Paleontological resources are the fossilized remains of organisms from prehistoric environments found in geologic strata. They range from mammoth and dinosaur bones to impressions of ancient animals and plants, trace remains, and microfossils. These materials are valued for the information they yield about the history of the earth and its past ecological settings. California Public Resources Code Section 5097.5 specifies that unauthorized removal of a paleontological resource is a misdemeanor. Under the CEQA Guidelines, a project would have a significant impact on paleontological resources if it would disturb or destroy a unique paleontological resource or site or unique geologic feature.
Existing Conditions
Earthquake Faults and Soil Conditions
The nearest fault to the project site, the Coyote Creek Fault Zone, is located two miles to the east.
Additionally, the project site is located 3.5 miles from the Calaveras Fault Zone. According to the web soil survey the soils underlaying the project site are classified as San Ysidro loam, 0 to 2 percent slopes which is known to have some amount of shrink swell capacity. The project site has relatively low slope and is not located in a zone at risk of landslides or lateral spreading.16 Paleontological Setting
This geologic area is unique and quite unusual because Morgan Hill is located between two major active fault lines including, the Sargent and San Andreas faults to the west in the Santa Cruz Mountains, and the Calaveras fault in the Diablo range to the east.
A byproduct of this active geological area and the geologic units in the Morgan Hill area is the existence of a rare metamorphic stone, Poppy Jasper. Additionally, the geologic units in the Project Area consist of 12 to 15 feet of poorly sorted, fine sandy silt and clayey silt.
Below this, the Santa Clara Valley formation is an older alluvium made up of partially consolidated clay, silt, sand, and gravel deposited more than 11,000 years ago.
4.7.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Directly or indirectly cause potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
16 Santa Clara County. Santa Clara County Geologic Hazard Zones. Map. Oct 26, 2012.
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Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
- Rupture of a known earthquake fault, as
delineated on the most recent AlquistPriolo 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)?
- Strong seismic ground shaking?
- Seismic-related ground failure, including
liquefaction?
- Landslides?
2) Result in substantial soil erosion or the loss of
topsoil?
3) 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?
4) Be located on expansive soil, as defined in the
current California Building Code, creating
substantial direct or indirect risks to life or
property?
5) 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?
6) Directly or indirectly destroy a unique
paleontological resource or site or unique
geological feature?
Impact GEO-1: The project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving 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; strong seismic ground shaking; seismic-related ground failure, including liquefaction; or landslides. (Less than Significant Impact) The proposed project would not introduce development on the project site and the project site would remain unoccupied. The project site does not contain any earthquake faults and is not at risk of fault rupture or seismic related ground failure in the event of an earthquake.
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The project site may undergo strong seismic ground shaking during an earthquake however this would not result in a risk of loss, injury, or death because the project site will continue its current use as a detention basin with engineered slopes.
Finally, the project site is relatively level, other than the basin’s engineered slopes, and would not experience landslides in the event of earthquakes. Therefore, the proposed project would not cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map. (Less than Significant Impact)
Impact GEO-2: The project would not result in substantial soil erosion or the loss of topsoil. (Less than Significant Impact)
Excavation and transport of soil materials related to the proposed project would result in ground disturbance at the site. Ground disturbance would expose soils and increase the potential for wind or water related erosion and sedimentation at the site until construction is complete. The City has developed standard conditions to avoid significant soil erosion impacts during construction. The following conditions would be included as part of the project:
Standard Condition GEO-1 (Storm Drain System): Prior to final map approval or issuance of a grading permit the applicant shall complete the following to the satisfaction of the City Engineer.
1. Plan describing how material excavated during construction will be controlled to prevent this material from entering the storm drain system.
2. Water Pollution Control Drawings for Sediment and Erosion Control.
Standard Condition GEO-2 (NPDES Permit Conformance): As required by the State Water Resources Control Board (SWRCB) Order No. 99-08-DWQ, construction activity resulting in a land disturbance of one acre or more of soil, or whose projects are part of a larger common plan of development that in total disturbs more than one (1) acre, are required to obtain coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002 for Discharges of Storm Water Associated with Construction Activity (General Permit). To be permitted with the SWRCB under the General Permit, owners must file a complete Notice of Intent (NOI) package and develop a Storm Water Pollution Prevention Plan (SWPPP) Manual in accordance with Section A, B, and C of the General Permit prior to the commencement of soil disturbing activities. A NOI Receipt Letter assigning a Waste Discharger Identification number to the construction site will be issued after the State Water Resource Control Board (SWRCB) receives a complete NOI package (original signed NOI application, vicinity map, and permit fee); copies of the NOI Receipt Letter and SWPPP shall be forwarded to the Building and Land Development Engineering Divisions review.
The SWPPP shall be made a part of the improvement plans (SWRCB NPDES General Permit CA000002).
By implementing the standard conditions discussed above, the project would have a less than significant impact on soil erosion. (Less than Significant Impact) DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
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Impact GEO-3: The project would not 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. (No Impact)
The proposed project would not cause the project site to become unstable and as stated above the project site is flat, other than the engineered basin slopes, and does not have a substantial risk of landslides or lateral spreading. Additionally, the project is not located in an area that has a risk of liquefaction and would not encounter subsidence during operations of the detention basin. Therefore, the proposed project would not be located on unstable soil or geologic units and would not result in impacts of landslide, lateral spreading, subsidence, liquefaction, or collapse. (No Impact) Impact GEO-4: The project would not be located on expansive soil, as defined in the current California Building Code, creating substantial direct or indirect risks to life or property. (Less than Significant Impact) The proposed project is deepening the existing detention basin which has been constructed in compliance with California Building Code requirements. The proposed project would not be impacted by the presence of expansive soils because the soils would not be supporting foundations of structures and the detention basin would be constructed with engineering methods suitable for the soils underlaying the project site. (Less than Significant Impact) Impact GEO-5: The project would not 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. (No Impact) The proposed project does not include structures requiring the use of septic tanks or alternative wastewater disposal systems. Therefore, the proposed project would not result in an impact. (No Impact)
Impact GEO-6: The project would not directly or indirectly destroy a unique paleontological resource or site or unique geological feature. (Less than Significant Impact)
The proposed project would require excavation of the existing detention basin. Excavation of the site occurred when the detention basin was originally constructed, and further excavation is not expected to discover and disturb paleontological resources on-site. Additionally, there are no identified paleontological resources in the City of Morgan Hill. Therefore, the excavation proposed by the project would not cause an impact on a unique paleontological resource or site or unique geological feature. (Less than Significant Impact)
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GREENHOUSE GAS EMISSIONS
4.8.1 Environmental Setting
Regulatory Framework
State
Assembly Bill 32
Under the California Global Warming Solutions Act, also known as AB 32, CARB established a statewide GHG emissions cap for 2020, adopted mandatory reporting rules for significant sources of GHGs, and adopted a comprehensive plan, known as the Climate Change Scoping Plan, identifying how emission reductions would be achieved from significant GHG sources.
In 2016, SB 32 was signed into law, amending the California Global Warming Solution Act. SB 32, and accompanying Executive Order B-30-15, require CARB to ensure that statewide GHG emissions are reduced to 40 percent below the 1990 level by 2030. CARB updated its Climate Change Scoping Plan in December of 2017 to express the 2030 statewide target in terms of million metric tons of CO2E (MMTCO2e). Based on the emissions reductions directed by SB 32, the annual 2030 statewide target emissions level for California is 260 MMTCO2e.
Senate Bill 375
SB 375, known as the Sustainable Communities Strategy and Climate Protection Act, was signed into law in September 2008. SB 375 builds upon AB 32 by requiring CARB to develop regional GHG reduction targets for automobile and light truck sectors for 2020 and 2035. The per-capita GHG emissions reduction targets for passenger vehicles in the San Francisco Bay Area include a seven percent reduction by 2020 and a 15 percent reduction by 2035.
Consistent with the requirements of SB 375, the Metropolitan Transportation Commission (MTC) partnered with the Association of Bay Area Governments (ABAG), BAAQMD, and the Bay Conservation and Development Commission to prepare the region’s Sustainable Communities Strategy (SCS) as part of the Regional Transportation Plan process. The SCS is referred to as Plan Bay Area 2040. Plan Bay Area 2040 establishes a course for reducing per-capita GHG emissions through the promotion of compact, high-density, mixed-use neighborhoods near transit, particularly within identified Priority Development Areas (PDAs).
Regional and Local
2017 Clean Air Plan
To protect the climate, the 2017 CAP (prepared by BAAQMD) includes control measures designed to reduce emissions of methane and other super-GHGs that are potent climate pollutants in the nearterm, and to decrease emissions of carbon dioxide by reducing fossil fuel combustion.
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CEQA Air Quality Guidelines
The BAAQMD CEQA Air Quality Guidelines are intended to serve as a guide for those who prepare or evaluate air quality impact analyses for projects and plans in the San Francisco Bay Area. The jurisdictions in the San Francisco Bay Area Air Basin utilize the thresholds and methodology for assessing GHG impacts developed by BAAQMD within the CEQA Air Quality Guidelines. The guidelines include information on legal requirements, BAAQMD rules, methods of analyzing impacts, and recommended mitigation measures.
Existing Conditions
Unlike emissions of criteria and toxic air pollutants, which have regional and local impacts, emissions of GHGs have a broader, global impact. Global warming is a process whereby GHGs accumulating in the upper atmosphere contribute to an increase in the temperature of the earth and changes in weather patterns.
The project site does not contain substantial sources of greenhouse gas emissions and does not contribute to emissions besides the pump on the northwest corner of the site.
4.8.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Generate greenhouse gas (GHG) emissions,
either directly or indirectly, that may have a
significant impact on the environment?
2) Conflict with an applicable plan, policy, or
regulation adopted for the purpose of reducing
the emissions of GHGs?
Impact GHG-1: The project would not generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment. (Less than Significant Impact)
The proposed project would generate temporary GHG emissions during construction. These truck emissions would only occur for a period of five weeks while the soil material is removed from the project site. This increase would only represent a small increase in the total GHG emission for the City of Morgan Hill and would not represent a permanent change. Therefore, the proposed project would not result in a significant GHG emission impact.
During operations of the project an increase of GHG is not expected because no new structures or new activities at the site are proposed. The operation of the existing pump would not change as a result of the deepened basin. Therefore, the proposed project would not generate increased operational greenhouse gas emissions. (Less than Significant Impact) DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
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Impact GHG-2: The project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. (Less than Significant Impact)
The proposed project would only result in temporary emissions of GHGs during construction and would not conflict with the adoption of policies or plans for reducing GHG emissions Therefore, the proposed project would not result in an impact on reaching SB 32 targets or Clean Air Plan reductions and the proposed project would result in a less than significant impact. (Less than Significant Impact)
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HAZARDS AND HAZARDOUS MATERIALS
4.9.1 Environmental Setting
Regulatory Framework
Overview
The storage, use, generation, transport, and disposal of hazardous materials and waste are highly regulated under federal and state laws. In California, the EPA has granted most enforcement authority over federal hazardous materials regulations to the California Environmental Protection Agency (CalEPA). In turn, local agencies have been granted responsibility for implementation and enforcement of many hazardous materials regulations under the Certified Unified Program Agency (CUPA) program.
Worker health and safety and public safety are key issues when dealing with hazardous materials.
Proper handling and disposal of hazardous material is vital if it is disturbed during project construction. Cal/OSHA enforces state worker health and safety regulations related to construction activities. Regulations include exposure limits, requirements for protective clothing, and training requirements to prevent exposure to hazardous materials. Cal/OSHA also enforces occupational health and safety regulations specific to lead and asbestos investigations and abatement.
Federal and State
Federal Aviation Regulations Part 77
Federal Aviation Regulations, Part 77 Objects Affecting Navigable Airspace (FAR Part 77) sets forth standards and review requirements for protecting the airspace for safe aircraft operation, particularly by restricting the height of potential structures and minimizing other potential hazards (such as reflective surfaces, flashing lights, and electronic interference) to aircraft in flight. These regulations require that the Federal Aviation Administration (FAA) be notified of certain proposed construction projects located within an extended zone defined by an imaginary slope radiating outward for several miles from an airport’s runways, or which would otherwise stand at least 200 feet in height above the ground.
Comprehensive Environmental Response, Compensation, and Liability Act The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, was enacted by Congress on December 11, 1980. This law created a tax on the chemical and petroleum industries and provided broad federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. Over five years, $1.6 billion was collected and the tax went to a trust fund for cleaning up abandoned or uncontrolled hazardous waste sites. CERCLA accomplished the following objectives:
• Established prohibitions and requirements concerning closed and abandoned hazardous waste sites;
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• Provided for liability of persons responsible for releases of hazardous waste at these sites; and
• Established a trust fund to provide for cleanup when no responsible party could be identified.
The law authorizes two kinds of response actions:
• Short-term removals, where actions may be taken to address releases or threatened releases requiring prompt response; and
• Long-term remedial response actions that permanently and significantly reduce the dangers associated with releases or threats of releases of hazardous substances that are serious, but not immediately life-threatening. These actions can be completed only at sites listed on the EPA’s National Priorities List.
CERCLA also enabled the revision of the National Contingency Plan (NCP). The NCP provided the guidelines and procedures needed to respond to releases and threatened releases of hazardous substances, pollutants, or contaminants. The NCP also established the National Priorities List.
CERCLA was amended by the Superfund Amendments and Reauthorization Act on October 17, 1986.17
Resource Conservation and Recovery Act
The Resource Conservation and Recovery Act (RCRA), enacted in 1976, is the principal federal law in the United States governing the disposal of solid waste and hazardous waste. RCRA gives the EPA the authority to control hazardous waste from the "cradle to the grave." This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also sets forth a framework for the management of non-hazardous solid wastes.
The Federal Hazardous and Solid Waste Amendments (HSWA) are the 1984 amendments to RCRA that focused on waste minimization, phasing out land disposal of hazardous waste, and corrective action for releases. Some of the other mandates of this law include increased enforcement authority for the EPA, more stringent hazardous waste management standards, and a comprehensive underground storage tank program.18
Government Code Section 65962.5
Section 65962.5 of the Government Code requires CalEPA to develop and update a list of hazardous waste and substances sites, known as the Cortese List. The Cortese List is used by state and local agencies and developers to comply with CEQA requirements. The Cortese List includes hazardous substance release sites identified by the Department of Toxic Substances Control (DTSC) and State Water Resources Control Board (SWRCB).
19 17 United States Environmental Protection Agency. “Superfund: CERCLA Overview.” Accessed May 11, 2020. https://www.epa.gov/superfund/superfund-cercla-overview. 18 United States Environmental Protection Agency. “Summary of the Resource Conservation and Recovery Act.” Accessed May 11, 2020. https://www.epa.gov/laws-regulations/summary-resource-conservation-and-recovery-act. 19 California Environmental Protection Agency. “Cortese List Data Resources.” Accessed May 28, 2020. https://calepa.ca.gov/sitecleanup/corteselist/.
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Toxic Substances Control Act
The Toxic Substances Control Act (TSCA) of 1976 provides the EPA with authority to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures. Certain substances are generally excluded from TSCA, including, among others, food, drugs, cosmetics, and pesticides. The TSCA addresses the production, importation, use, and disposal of specific chemicals including polychlorinated biphenyls (PCBs), asbestos, radon, and leadbased paint.
California Accidental Release Prevention Program
The California Accidental Release Prevention (CalARP) Program aims to prevent accidental releases of regulated hazardous materials that represent a potential hazard beyond the boundaries of a property. Facilities that are required to participate in the CalARP Program use or store specified quantities of toxic and flammable substances (hazardous materials) that can have off-site consequences if accidentally released. The Santa Clara County Department of Environmental Health reviews CalARP risk management plans as the CUPA.
Existing Conditions
The 5.65-acre project site is utilized as a detention basin. A review of federal, state, and local regulatory agency databases was completed to evaluate the likelihood of contamination incidents at and near the project site. The project site is not identified on any of the regulatory databases and is not on the Cortese list.20 The San Martin Airport is located approximately 4.5 miles south of the project site. The project site is not located within an Airport Influence Area (AIA) of a Comprehensive Land Use Plan and is not located within an FAA height restriction area for new structures.
4.9.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Create a significant hazard to the public or the
environment through the routine transport, use,
or disposal of hazardous materials?
2) 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?
3) Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or
proposed school?
20 California Environmental Protection Agency. Cortese List Data Resources. Accessed October 26, 2020. https://calepa.ca.gov/sitecleanup/corteselist/.
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Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
4) 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?
5) 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, result in a safety hazard
or excessive noise for people residing or
working in the project area?
6) Impair implementation of or physically
interfere with an adopted emergency response
plan or emergency evacuation plan?
7) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury,
or death involving wildland fires?
Impact HAZ-1: The project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. (No Impact)
The proposed project would operate as a detention basin which does not require the transport, use, or disposal of hazardous materials. The proposed project would therefore create no significant hazard to the public or environment through the transportation of these materials. (No Impact) Impact HAZ-2: The project would not 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)
The project site is not included on a list of hazardous materials sites and the site is not expected to contain hazardous materials. The construction of the proposed project would involve the excavation and transport of soils and other materials removed from the bottom of the detention basin. The City would be testing the excavated soils to determine if the material would be suitable as fill on nearby development sites or requires disposal at a nearby landfill. This excavation is not expected to foreseeably encounter hazardous materials and would not create a significant hazard to the public or the environment. During operations, the proposed project would function as a detention basin which would not foreseeably create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving hazardous materials. Therefore, the proposed project would have a less than significant impact related to the release of hazardous materials through foreseeable accidents during construction or operations. (No Impact) DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
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Impact HAZ-3: The project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. (No Impact)
The proposed project would continue to operate as a detention basin and would not require the emission or handling of acutely hazardous materials, substances, or waste. Additionally, the nearest school is located approximately 0.4 miles from the project site. Therefore, the proposed project would result in a no impact from handling hazardous materials within a quarter mile of an existing or proposed school. (No Impact)
Impact HAZ-4: The project would not 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, create a significant hazard to the public or the environment. (No Impact)
The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. Therefore, the proposed project would not create a significant hazard to the public or the environment resulting from hazardous materials sites. (No Impact) Impact HAZ-5: The project would not be 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. The project would not result in a safety hazard or excessive noise for people residing or working in the project area. (No Impact)
The proposed project is an existing detention basin which would continue its use as a detention basin on site. The existing basin does not affect nearby airports and the proposed project would not result in a safety hazard or excessive noise for people residing or working in the project area. (No Impact) Impact HAZ-6: The project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. (No Impact)
The proposed project would not change the on-site use of the project as a detention basin. The proposed project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. (No Impact) Impact HAZ-7: The project would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires. (No Impact)
The proposed project would not construct structures or add people to the project site because the project would only modify the depth and storage capacity of an existing detention basin. Therefore, DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
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the proposed project would not create an impact by exposing people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires. (No Impact) DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
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HYDROLOGY AND WATER QUALITY
4.10.1 Environmental Setting
Regulatory Framework
Federal and State
The federal Clean Water Act and California’s Porter-Cologne Water Quality Control Act are the primary laws related to water quality in California. Regulations set forth by the EPA and the SWRCB have been developed to fulfill the requirements of this legislation. EPA regulations include the National Pollutant Discharge Elimination System (NPDES) permit program, which controls sources that discharge pollutants into the waters of the United States (e.g., streams, lakes, bays, etc.). These regulations are implemented at the regional level by the Regional Water Quality Control Boards (RWQCBs). The project site is within the jurisdiction of the Central Coast RWQCB.
National Flood Insurance Program
The Federal Emergency Management Agency (FEMA) established the National Flood Insurance Program (NFIP) to reduce impacts of flooding on private and public properties. The program provides subsidized flood insurance to communities that comply with FEMA regulations protecting development in floodplains. As part of the program, FEMA publishes Flood Insurance Rate Maps (FIRMs) that identify Special Flood Hazard Areas (SFHAs). An SFHA is an area that would be inundated by the one-percent annual chance flood, which is also referred to as the base flood or 100- year flood.
Statewide Construction General Permit
The State Water Resources Control Board (SWRCB) has implemented an NPDES General Construction Permit for the State of California (Construction General Permit). For projects disturbing one acre or more of soil, a Notice of Intent (NOI) must be filed with the RWQCB by the project sponsor, and a Storm Water Pollution Prevention Plan (SWPPP) must be prepared by a qualified professional prior to commencement of construction and filed with the RWQCB by the project sponsor. The Construction General Permit includes requirements for training, inspections, record keeping, and, for projects of certain risk levels, monitoring. The general purpose of the requirements is to minimize the discharge of pollutants and to protect beneficial uses and receiving waters from the adverse effects of construction-related storm water discharges.
Regional and Local
San Francisco Bay Basin Plan
The San Francisco Bay RWQCB regulates water quality in accordance with the Water Quality Control Plan for the San Francisco Bay Basin (Basin Plan). The Basin Plan lists the beneficial uses that the San Francisco Bay RWQCB has identified for local aquifers, streams, marshes, rivers, and the San Francisco Bay, as well as the water quality objectives and criteria that must be met to protect these uses. The San Francisco Bay RWQCB implements the Basin Plan by issuing and enforcing waste discharge requirements, including permits for nonpoint sources such as the urban runoff DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
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discharged by a City’s stormwater drainage system. The Basin Plan also describes watershed management programs and water quality attainment strategies.
Municipal Regional Permit Provision C.3
The San Francisco Bay RWQCB re-issued the Municipal Regional Stormwater NPDES Permit (MRP) in 2015 to regulate stormwater discharges from municipalities and local agencies (copermittees) in Alameda, Contra Costa, San Mateo, and Santa Clara Counties, and the cities of Fairfield, Suisun City, and Vallejo.21 Under Provision C.3 of the MRP, new and redevelopment projects that create or replace 10,000 square feet or more of impervious surface area are required to implement site design, source control, and Low Impact Development (LID)-based stormwater treatment controls to treat post-construction stormwater runoff. LID-based treatment controls are intended to maintain or restore the site’s natural hydrologic functions, maximizing opportunities for infiltration and evapotranspiration, and using stormwater as a resource (e.g. rainwater harvesting for non-potable uses). The MRP also requires that stormwater treatment measures are properly installed, operated, and maintained.
In addition to water quality controls, the MRP requires new development and redevelopment projects that create or replace one acre or more of impervious surface to manage development-related increases in peak runoff flow, volume, and duration, where such hydromodification is likely to cause increased erosion, silt pollutant generation, or other impacts to local rivers, streams, and creeks.
Projects may be deemed exempt from these requirements if they do not meet the minimized size threshold, drain into tidally influenced areas or directly into the Bay, or drain into hardened channels, or if they are infill projects in subwatersheds or catchment areas that are greater than or equal to 65 percent impervious.
Water Resources Protection Ordinance and District Well Ordinance Valley Water operates as the flood control agency for Santa Clara County. Their stewardship also includes creek restoration, pollution prevention efforts, and groundwater recharge. Permits for well construction and destruction work, most exploratory boring for groundwater exploration, and projects within Valley Water property or easements are required under Valley Water’s Water Resources Protection Ordinance and District Well Ordinance.
Dam Safety
Since August 14, 1929, the State of California has regulated dams to prevent failure, safeguard life, and protect property. The California Water Code entrusts dam safety regulatory power to California Department of Water Resources, Division of Safety of Dams (DSOD). The DSOD provide oversight to the design, construction, and maintenance of over 1,200 jurisdictional sized dams in California.22 21 MRP Number CAS612008
22 California Department of Water Resources, Division of Safety of Dams. https://water.ca.gov/Programs/AllPrograms/Division-of-Safety-ofDams#:~:text=Since%20August%2014%2C%201929%2C%20the,Safety%20of%20Dams%20(DSOD). Accessed June 9, 2020.
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As part of its comprehensive dam safety program, Valley Water routinely monitors and studies the condition of each of its 10 dams. Valley Water also has its own Emergency Operations Center and a response team that inspects dams after significant earthquakes. These regulatory inspection programs reduce the potential for dam failure.
Construction Dewatering Waste Discharge Requirements
Each of the RWQCBs regulate construction dewatering discharges to storm drains or surface waters within its Region under the NPDES program and Waste Discharge Requirements.
Existing Conditions
The project site is entirely occupied by an existing detention basin. Drainage of the site is directed inward to the detention basin and the entirety of the site is pervious surfaces. The project site is located within the Zone X, 0.2 percent annual chance of flood event, FEMA flood hazard zone designation.
4.10.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Violate any water quality standards or waste
discharge requirements or otherwise
substantially degrade surface or ground water
quality?
2) Substantially decrease groundwater supplies or
interfere substantially with groundwater
recharge such that the project may impede
sustainable groundwater management of the
basin?
3) 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:
- result in substantial erosion or siltation onor off-site; - substantially increase the rate or amount
of surface runoff in a manner which would
result in flooding on- or off-site;
- 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
- impede or redirect flood flows?
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Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
4) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation?
5) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater management plan?
Impact HYD-1: The project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality. (Less than Significant Impact)
Construction
Impacts on water quality in the basin could potentially occur as a result of sediment mobilization or contaminant spills during construction. Indirect impacts on Fisher Creek, the local groundwater aquifer, or on general water quality are unlikely due to the distance between these activities and the creek and the filtration process when contaminants leach through the soil horizons; however, the potential for water quality impacts due to these activities is possible.
Standard Condition HYD-1 (Stormwater Management): The proposed project would implement erosion and sediment control measures, as well as BMPs for work near aquatic environments.
Construction projects in California causing land disturbances that are equal to one acre or greater must comply with state requirements to control the discharge of storm water pollutants under the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Construction General Permit; Water Board Order No. 2009-0009- DWQ).
Prior to the start of construction/demolition, a Notice of Intent must be filed with the SWRCB describing the project. A Storm Water Pollution Prevention Plan must be developed and maintained during the project and it must include the use of BMPs to protect water quality until the site is stabilized. Standard permit conditions under the Construction General Permit require that the applicant utilize various measures including:
• on-site sediment control BMPs
• damp street sweeping, temporary cover of disturbed land surfaces to control erosion during construction
• utilization of stabilized construction entrances and/or wash racks, Through compliance with the above standard condition, the proposed project would not result in significant water quality impacts during construction of the proposed project. (Less than Significant Impact)
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Operations
The proposed project would continue operations of the detention basin and would not feature increased impervious surfaces or sources of water quality contaminants. Therefore, the proposed project would not violate any water quality standards or waste discharge requirements or substantially degrade surface or ground water quality. (Less than Significant Impact) Impact HYD-2: The project would not 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)
The proposed project is deepening the existing detention basin located on site. This detention basin has a permeable, natural bottom that allows the water to infiltrate into the ground below. The proposed project would not decrease groundwater supplies or interfere with natural recharge for the project site. Therefore, the proposed project would not substantially decrease groundwater supplies or interfere with groundwater recharge. (Less than Significant Impact) Impact HYD-3: The project would not 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 result in substantial erosion or siltation on- or off-site; substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; 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 impede or redirect flood flows. (Less than Significant Impact) The existing use of the site is a detention basin which captures water from two watersheds. The proposed project would not change the existing use of the site and would improve the detention basin’s capability for water detention in high intensity storm events. The proposed project would not introduce additional impervious surfaces and would not result in increased erosion or siltation due to increased impervious surface. Additionally, the proposed project would provide for greater stormwater runoff control for the drainage basin served by the detention basin. Therefore, the proposed project would not alter the existing drainage patterns of the site area and would not create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems. (Less than Significant Impact)
Impact HYD-4: The project would not risk release of pollutants due to project inundation in flood hazard, tsunami, or seiche zones. (No Impact)
The project site is not located within a tsunami or seiche area. The project site is located within the Zone X, 0.2 percent annual chance of flood event. As discussed in Section 4.9 Hazards and Hazardous Materials, the proposed project would not make the use of hazardous chemicals or other materials that would risk the release of pollutants in the event of inundation. Therefore, the proposed DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
Fisher Creek Detention Basin Expansion 62 Initial Study Morgan Hill January 2022
project would not risk the release of pollutants in the event of inundation resulting from a flood event. (Less than Significant Impact)
Impact HYD-5: The project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. (Less than Significant Impact)
The proposed project would not introduce additional runoff to the drainage system and would not create sources of water pollution that may obstruct the implementation of water quality control plans for the City of Morgan Hill. Additionally, the proposed project would provide greater capacity to the existing stormwater drainage which would decrease the impacts of existing stormwater quality issues.
The detention basin would also provide the same amount of infiltration capacity for groundwater replenishment and would not change the implementation of sustainable groundwater plans for the City of Morgan Hill. (Less than Significant Impact)
DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
Fisher Creek Detention Basin Expansion 63 Initial Study Morgan Hill January 2022
LAND USE AND PLANNING
4.11.1 Environmental Setting
Existing Conditions
The project site is zoned as Open Space and is classified as Open Space in the General Plan. The open space designation is meant to remain unimproved and devoted to the preservation of natural resources, managed production of resources, or public health and safety, as well as to complement adjacent, higher density residential, and commercial development. Allowed uses in the Open Space designation include agriculture, outdoor recreation, and a secondary dwelling unit. One single family home per parcel is allowed, with appropriate permits.
4.11.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Physically divide an established community?
2) 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?
Impact LU-1: The project would not physically divide an established community. (No Impact)
The proposed project would not modify the land use on the project site and would not alter the land uses of areas surrounding the project site. Additionally, the proposed project would not introduce a new incompatible use and would not divide the surrounding community through barriers or other methods. Therefore, the proposed project would not physically divide established communities in the areas surrounding the project. (No Impact)
Impact LU-2: The project would not 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)
The proposed project would not alter the existing uses on the project site, which would continue to be used as a detention basin after improvements are completed. Additionally, the consistency of the proposed project with applicable land use plans, policies, and regulations are discussed in their respective sections in this Initial Study. Therefore, the proposed project would not conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. (Less than Significant Impact)
DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
Fisher Creek Detention Basin Expansion 64 Initial Study Morgan Hill January 2022
MINERAL RESOURCES
4.12.1 Environmental Setting
Regulatory Framework
State
Surface Mining and Reclamation Act
The Surface Mining and Reclamation Act (SMARA) was enacted by the California legislature in 1975 to address the need for a continuing supply of mineral resources, and to prevent or minimize the negative impacts of surface mining to public health, property, and the environment. As mandated under SMARA, the State Geologist has designated mineral land classifications in order to help identify and protect mineral resources in areas within the state subject to urban expansion or other irreversible land uses which would preclude mineral extraction. SMARA also allowed the State Mining and Geology Board (SMGB), after receiving classification information from the State Geologist, to designate lands containing mineral deposits of regional or statewide significance.
Existing Conditions
The Morgan Hill General Plan does not identify mineral uses of state, regional or local importance within the city of Morgan Hill.
4.12.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) 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?
2) 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?
Impact MIN-1: The project would not result in the loss of availability of a known mineral resource that would be of value to the region and residents of the state. (No Impact)
The proposed project would not occur within an area containing a mineral resource of value to the region or residents of the state. Therefore, the proposed project would not impact the availability of a known mineral resource that would be of value to the region and residents of the state. (No Impact) DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
Fisher Creek Detention Basin Expansion 65 Initial Study Morgan Hill January 2022
Impact MIN-2: The project would not 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) The proposed project would not occur within an area containing a mineral resource of value to the local municipalities. Therefore, the proposed project would not impact the availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan. (No Impact)
DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
Fisher Creek Detention Basin Expansion 66 Initial Study Morgan Hill January 2022
NOISE
The information in this section is based on the Construction Noise Memo Prepared by Illingworth and Rodkin Inc. dated March 5, 2021. The full memo is included in Appendix D.
4.13.1 Environmental Setting
Regulatory Framework
Federal
Federal Transit Administration Vibration Limits
The Federal Transit Administration (FTA) has developed vibration impact assessment criteria for evaluating vibration impacts associated with transit projects. The FTA has proposed vibration impact criteria based on maximum overall levels for a single event. The impact criteria for groundborne vibration are shown in Table 4.13-1 below. These criteria can be applied to development projects in jurisdictions that lack vibration impact standards.
Table 4.13-1: Groundborne Vibration Impact Criteria
Land Use Category
Groundborne Vibration Impact Levels
(VdB inch/sec)
Frequent
Event
Occasional
Events
Infrequent
Events
Category 1: Buildings where vibration would interfere
with interior operations 65 65 65
Category 2: Residences and buildings where people
normally sleep 72 75 80
Category 3: Institutional land uses with primarily
daytime use 75 78 83
Source: Federal Transit Administration. Transit Noise and Vibration Assessment Manual. September 2018.
Local
City of Morgan Hill Municipal Code.
The City of Morgan Hill’s Municipal Code Chapter 8.28 states that “It is unlawful and a misdemeanor for any person to make or continue, or cause to be made or continued, any loud, disturbing, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, health, repose, peace or safety of other persons within the city.” The following sections of the code would be applicable to the project:
1. Construction activities as limited below. "Construction activities" are defined as including but not limited to excavation, grading, paving, demolition, construction, alteration or repair of any building, site, street or highway, delivery or removal of construction material to a site, DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
Fisher Creek Detention Basin Expansion 67 Initial Study Morgan Hill January 2022
or movement of construction materials on a site. Construction activities are prohibited other than between the hours of seven a.m. and eight p.m., Monday through Friday and between the hours of nine a.m. to six p.m. on Saturday. Construction activities may not occur on Sundays or federal holidays. No third person, including but not limited to landowners, construction company owners, contractors, subcontractors, or employers, shall permit or allow any person working on construction activities which are under their ownership, control or direction to violate this provision. Construction activities may occur in the following cases without violation of this provision:
a. In the event of urgent necessity in the interests of the public health and safety, and then only with a permit from the chief building official, which permit may be granted for a period of not to exceed three days or less while the emergency continues, and which permit may be renewed for periods of three days or less while the emergency continues.
b. If the chief building official determines that the public health and safety will not be impaired by the construction activities between the hours of eight p.m. and seven a.m., and that loss or inconvenience would result to any party in interest, the chief building official may grant permission for such work to be done between the hours of eight p.m. and seven a.m. upon an application being made at the time the permit for the work is issued or during the progress of the work.
c. The city council finds that construction by the resident of a single residence does not have the same magnitude or frequency of noise impacts as a larger construction project. Therefore, the resident of a single residence may perform construction activities on that home during the hours in this subsection, as well as on Sundays and federal holidays from nine a.m. to six p.m., provided that such activities are limited to the improvement or maintenance undertaken by the resident on a personal basis. d. Public work projects are exempt from this section and the public works director shall determine the hours of construction for public works projects. e. Until November 30, 1998, construction activities shall be permitted between the hours of ten a.m. to six p.m. on Sundays, subject to the following conditions. No power-driven vehicles, equipment or tools may be used during construction activities, except on the interior of a building or other structure which is enclosed by exterior siding (including windows and doors) and roofing, and which windows and doors are closed during construction activities. Construction activities must be situated at least one hundred fifty feet from the nearest occupied dwelling. No delivery or removal of construction material to a site, or movement of construction materials on a site, is permitted. No activity, including but not limited to the playing of radios, tape players, compact disc players or other devices, which creates a loud or unusual noise which offends, disturbs or harasses the peace and quiet of the persons of ordinary sensibilities beyond the confines of the property from which the sound emanates is allowed.
DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8
Fisher Creek Detention Basin Expansion 68 Initial Study Morgan Hill January 2022
2. If it is determined necessary in order to ensure compliance with this section, the chief building official may require fences, gates or other barriers prohibiting access to a construction site by construction crews during hours in which construction is prohibited by this subsection. The project manager of each project shall be responsible for ensuring the fences, gates or barriers are locked and/or in place during hours in which no construction is allowed. This subsection shall apply to construction sites other than public works projects or single dwelling units which are not a part of larger projects.
Existing Conditions
The project site contains a detention basin and does not produce ambient noise under existing conditions. According to the noise contours provided in the General Plan, the project site is within the 60 dBA contour and according to the study prepared by Illingworth and Rodkin the road noise fluctuates between 55 and 65 dBA.
23 4.13.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project result in:
1) 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?
2) Generation of excessive groundborne vibration
or groundborne noise levels?
3) 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?
23 City of Morgan Hill. 2035 Morgan Hill General Plan FEIR. January 13, 2016.
DocuSign Envelope ID: 08C9986C-1739-404C-A3D4-14CDA85BC6D8