Morgan Hill City Council
January 25, 2023

2023-2031 Housing Element Update 88 Initial Study/Addendum City of Morgan Hill October 2022

GREENHOUSE GAS EMISSIONS

4.8.1 Environmental Setting
Regulatory Framework
Background Information
Gases that trap heat in the atmosphere, GHGs, regulate the earth’s temperature. This phenomenon, known as the greenhouse effect, is responsible for maintaining a habitable climate. In GHG emission inventories, the weight of each gas is multiplied by its global warming potential (GWP) and is measured in units of CO2 equivalents (CO2e). The most common GHGs are carbon dioxide (CO2) and water vapor but there are also several others, most importantly methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). These are released into the earth’s atmosphere through a variety of natural processes and human activities.

Sources of GHGs are generally as follows:
• CO2 and N2O are byproducts of fossil fuel combustion. • N2O is associated with agricultural operations such as fertilization of crops. • CH4 is commonly created by off-gassing from agricultural practices (e.g., keeping livestock) and landfill operations.
• Chlorofluorocarbons (CFCs) were widely used as refrigerants, propellants, and cleaning solvents, but their production has been stopped by international treaty. • HFCs are now used as a substitute for CFCs in refrigeration and cooling. • PFCs and SF6 emissions are commonly created by industries such as aluminum production and semiconductor manufacturing.

An expanding body of scientific research supports the theory that global climate change is currently causing changes in weather patterns, average sea level, ocean acidification, chemical reaction rates, and precipitation rates, and that it will increasingly do so in the future. The climate and several naturally occurring resources within California are adversely affected by the global warming trend.

Increased precipitation and sea level rise will increase coastal flooding, saltwater intrusion, and degradation of wetlands. Mass migration and/or loss of plant and animal species could also occur.

Potential effects of global climate change that could adversely affect human health include more extreme heat waves and heat-related stress; an increase in climate-sensitive diseases; more frequent and intense natural disasters such as flooding, hurricanes and drought; and increased levels of air pollution.

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

2023-2031 Housing Element Update 89 Initial Study/Addendum City of Morgan Hill October 2022
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 2050. Plan Bay Area 2050 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.

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.

2023-2031 Housing Element Update 90 Initial Study/Addendum City of Morgan Hill October 2022
Updated BAAQMD GHG Thresholds
On April 20, 2022, the BAAQMD Air District Board of Directors adopted the Proposed CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plans. 55 For land use projects, BAAQMD recommends a qualitative approach that requires development to incorporate specific project-design elements or show consistent with a qualified GHG reduction strategy that meets the criteria under CEQA Guidelines Section 15183.5(b). For programmatic planning documents, BAAQMD recommends plans meet the State’s goal to reduce emissions to 40 percent below 1990 levels by 2030 and carbon neutrality by 2045, or be consistent with a qualified GHG reduction strategy.56
The adoption of new qualitative thresholds by BAAQMD does not constitute new information, as defined by CEQA Guidelines section 15162, that needs to be incorporated into this analysis. The Morgan Hill 2035 FEIR includes numerical GHG thresholds, and the FEIR was certified by the City of Morgan Hill. Therefore, Initial Study/Addendum will continue to rely on the quantitative thresholds and impacts concluded in the Morgan Hill 2035 FEIR.

Morgan Hill 2035 General Plan
The Morgan Hill 2035 General Plan includes goals, policies, and actions to avoid significant impacts due to greenhouse gases. The following policies are applicable to the proposed Housing Element.

Morgan Hill 2035 General Plan Policies: Greenhouse Gases Policy Description
NRE-15.1 Greenhouse Gas Emission Reduction Targets. Maintain a greenhouse gas reduction trajectory that is consistent with the greenhouse gas reduction targets of Executive Order B-30-15 (40 percent below 1990 levels by 2030) and S-03-05 (80 percent below 1990 levels by 2050) to ensure the City is consistent with statewide efforts to reduce greenhouse gas emissions.

NRE-15.2 Linking Land Use and Transportation. Encourage land use and transportation patterns that reduce dependence on automobiles.

NRE-15.3 Climate Action Plan. Utilize policies in this General Plan denoted with the green leaf symbol as the City’s greenhouse gas emissions reduction strategy.

NRE-15.4 Sustainable Land Use. Promote land use patterns that reduce the number and length of motor vehicle trips.

NRE-15.5 Jobs Housing Balance. To the extent feasible, encourage a balance and match between jobs and housing.

NRE-15.7 Mix of Uses in Employment Centers. Encourage employment areas to include a mix of support services to minimize the number of employee trips. 55 BAAQMD. “CEQA Thresholds and Guidelines Update”. Accessed May 27, 2022. Available at:
https://www.baaqmd.gov/plans-and-climate/california-environmental-quality-act-ceqa/updated-ceqa-guidelines 56 BAAQMD. CEQA Thresholds for Evaluating the Significance of Climate Impacts. April 2022. Accessed May 27, 2022. Available at: https://www.baaqmd.gov/~/media/files/planning-and-research/ceqa/ceqa-thresholds2022/justification-report-pdf.pdf?la=en

2023-2031 Housing Element Update 91 Initial Study/Addendum City of Morgan Hill October 2022
Morgan Hill 2035 General Plan Policies: Greenhouse Gases Policy Description
NRE-15.8 Walkable City. Encourage retail and office areas to be located within walking and biking distance of existing and proposed residential developments.

NRE-15.9 Urban Forest. Support development and maintenance of a healthy, vibrant urban forest through outreach, incentives, and strategic leadership.

NRE-15.10 VMT Reduction. Continue to work with the Santa Clara Valley Transportation Authority on regional transportation solutions that will reduce vehicle miles traveled and greenhouse gas emissions.

NRE-15.11 Green Building. Promote green building practices in new development.

NRE-16.1 Energy Standards for New Development. New development, including public buildings, should be designed to exceed State standards for the use of energy.

NRE-16.2 Energy Conservation. Promote energy conservation techniques and energy efficiency in building design, orientation, and construction.

NRE-16.3 Energy Use Data and Analysis. Provide information to increase building owner, tenant, and operator knowledge about how, when, and where building energy is used.

NRE-16.5 Energy Efficiency. Encourage development project designs that protect and improve air quality and minimize direct and indirect air pollutant emissions by including components that promote energy efficiency.

NRE-16.6 Landscaping for Energy Conservation. Encourage landscaping plans for new development to address the planting of trees and shrubs that will provide shade to reduce the need for cooling systems and allow for winter daylighting.

NRE-16.7 Renewable Energy. Encourage new and existing development to incorporate renewable energy generating features, like solar panels and solar hot water heaters.

NRE-16.8 Residential Development Code. Emphasize energy conservation building techniques for new residential construction through the implementation of Chapter 18.7857 of the Municipal Code.

NRE-16.9 Subdivision Design. In compliance with Section 66473.1 of the State Subdivision Map Act, promote subdivision design that provides for passive solar heating and natural cooling through the Development Review Committee subdivision review procedures. 57 Refer to Section 18.156.100.A.6.

2023-2031 Housing Element Update 92 Initial Study/Addendum City of Morgan Hill October 2022
City of Morgan Hill Municipal Code
In 2019, the Morgan Hill City Council approved Ordinance 2306 and adopted a Reach Code Ordinance (Reach Code) to reduce energy-related GHG emissions consistent with the goals of the Morgan Hill 2021 Climate Action Plan. The Reach Code applies to new construction projects in Morgan Hill. It requires new residential construction to be outfitted with entirely electric fixtures.

Morgan Hill 2021 Climate Action Plan
The Morgan Hill 2021 Climate Action Plan includes goals and actions that focus on the adoption of electric vehicles in the community and the process of decarbonizing existing buildings by reducing the use of fossil fuels. The Climate Action Plan goal is to eliminate natural gas usage and transition 95 percent of existing buildings in Morgan Hill to all-electric by 2045. The Climate Action Plan also proposes to prohibit any new gas stations. On December 15, 2021, the City adopted the Climate Action Plan with guidelines of reducing Morgan Hill’s net CO2 emissions in the building and transportation sectors 35 percent below the 2020 baseline level by 2030 and 100 percent below the 2020 baseline level by 2045.58
Applicable measures in the Climate Action Plan include:
• Action Item 4.a: Require all new construction of single family detached homes, townhouses, and other dwelling units with a garage to install a listed raceway to accommodate a 208/240-volt branch circuit for potential EV charging to be installed in accordance with the California Electrical Code, Article 625. • No natural gas use.

However, the Climate Action Plan does not have a specific metric ton GHG threshold for projectlevel operation nor a Climate Action Plan Compliance Checklist. It is not a qualified GHG reduction strategy that meets the criteria under the CEQA Guidelines Section 15183.5(b).

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.
58 City of Morgan Hill, Morgan Hill 2021 Climate Action Plan, December 15, 2021, https://www.morganhill.ca.gov/DocumentCenter/View/40166/Climate-Action-Plan-Draft-December-9-2021-?bidId=

2023-2031 Housing Element Update 93 Initial Study/Addendum City of Morgan Hill October 2022

4.8.2 Impact Discussion
New
Potentially
Significant
Impact
New Less
than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same
Impact as
Approved
Project
Less
Impact than
Approved
Project
Would the project:
a) Generate greenhouse gas (GHG)
emissions, either directly or indirectly,
that may have a significant impact on the
environment?
b) Conflict with an applicable plan, policy,
or regulation adopted for the purpose of
reducing the emissions of GHGs?
Morgan Hill 2035 Final EIR – GHG Conclusions
The Morgan Hill 2035 FEIR concluded that buildout of the General Plan would achieve the 2020 and 2035 GHG efficiency targets due to state and local reductions along with the General Plan policies.

Therefore, the General Plan would comply with AB 32 and EO B-30-15, which is now recognized as SB 32. However, beyond 2035, operation of the development proposed under the General Plan would not achieve the 2050 efficiency target to comply with the 2050 statewide goal under EO S-03-05 (80 percent below 1990 levels by 2050) because additional state and federal actions would be needed to drive further GHG reductions to achieve the 2050 target. Therefore, GHG impacts beyond 2035 would have a significant and unavoidable impact on the environment. However, the General Plan policies would support CARB’s 2008 Scoping Plan and the 2013 Plan Bay Area. The General Plan buildout would not conflict with the applicable plans; therefore, impacts related to GHG plans, policies, and regulations would be less than significant.

Impact GHG-1: The project would not generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment. [Less Impact than Approved Project (Less than Significant Impact)]
The Morgan Hill 2035 FEIR analyzed a net growth of 6,861 residences in addition to 755,550 square feet of new retail, 628,700 square feet of new office space, 1,777,400 square feet of new industrial space, 417,600 square feet of new service space, and 287,400 square feet of new public facilities space. The forecasted 2035 GHG emissions generated from the buildout of the General Plan were estimated to be 3.6 metric tons of CO2e (MT CO2e) per service population per year, which would exceed the 2035 plan-level efficiency target of 3.3 MT CO2e per service population per year.

However, implementation of GHG reduction goals and policies from the General Plan focused on reducing energy, transportation, water, and solid waste GHG emissions would reduce the 2035 service population emissions to 3.2 MT CO2e per service population per year, which is below the 2035 efficiency target.

As discussed in Section 3.6 Buildout Projections, all of the City’s pipeline residential capacity (including the Housing Element Update project locations) falls within the buildout projections of the Morgan Hill 2035 Final EIR. Since full buildout of the Housing Element Update would be complete

2023-2031 Housing Element Update 94 Initial Study/Addendum City of Morgan Hill October 2022
and operating by the year 2031, the Housing Element Update would not generate new GHG emissions that were not already captured in the Morgan Hill 2035 FEIR GHG analysis. The buildout of the General Plan (including the Housing Element Update) would achieve the 2035 performance criteria described in the Morgan Hill 2035 FEIR. Further, consistent with the City’s Reach Code, all future housing development would not use natural gas. The Housing Element Update would result in a lesser impact than identified in the Morgan Hill 2035 FEIR. [Less Impact than Approved Project (Less than Significant Impact)]
However, as described in the Morgan Hill 2035 FEIR, the full buildout of the General Plan would not achieve the 2050 interpolated service population threshold since future statewide reduction programs would be needed to meet the 2050 goal identified in Executive Order S-03-05. It was determined that impacts would be significant and unavoidable. Therefore, future cycles of the Housing Element Update would likely result in the same significant and unavoidable impact determination.

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. [Same Impact as Approved Project (Less than Significant Impact)]
The Morgan Hill 2035 FEIR concluded that goals, policies, and actions included in the General Plan that focus on reducing energy, water, transportation and solid waste sources of GHG emissions are consistent with the CARB Scoping Plan, and the General Plan would be consistent with Plan Bay Area since it would encourage the development of new residences near the Morgan Hill Downtown Transit Town Center, an identified Priority Development Area. In addition, buildings constructed as part of the General Plan buildout would be designed in a manner to conserve water (Policy NRE-7.1 and Policy NRE-7.3), to support multi-modal transportation by accommodating bicycle and pedestrian facilities (Policy CNF-11.8 and Policy CNF-11.28), to promote reduced vehicle trips through sustainable land use planning (Policy NRE-15.4, Policy NRE-15.6, and Policy NRE- 15.8), to conserve energy by complying with CalGreen (Policy NRE-15.11 and Policy NRE-16.8), and to reduce waste through recycling (Policy SSI-17.12 and Action SSI-17.A).

All future residences facilitated by the Housing Element Update would comply and be designed consistent with the policies in the General Plan, which support the goals and measures in the CARB Scoping Plan and Plan Bay Area. The Housing Element Update would also facilitate the construction of some residential development in proximity to the Morgan Hill Downtown Transit Town Center (Location 5, 6, 7, 14,.17, 18).59 Therefore, implementation of the Housing Element Update would not result in new or substantially more severe impacts related to applicable GHG plans, policies, or regulations. [Same Impact as Approved Project (Less than Significant Impact)] 59 MTC. Priority Development Areas (Plan Bay Area 2050). Accessed June 19, 2022. https://opendata.mtc.ca.gov/datasets/priority-development-areas-plan-bay-area2050/explore?location=37.117102%2C-121.671554%2C13.93

2023-2031 Housing Element Update 95 Initial Study/Addendum City of Morgan Hill October 2022

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:

2023-2031 Housing Element Update 96 Initial Study/Addendum City of Morgan Hill October 2022
• Established prohibitions and requirements concerning closed and abandoned hazardous waste sites;
• 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, 1986.60
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.61
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 60 United States Environmental Protection Agency. “Superfund: CERCLA Overview.” Accessed April 19, 2022. https://www.epa.gov/superfund/superfund-cercla-overview. 61 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.

2023-2031 Housing Element Update 97 Initial Study/Addendum City of Morgan Hill October 2022
substance release sites identified by the Department of Toxic Substances Control (DTSC) and State Water Resources Control Board (SWRCB).62
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.

Asbestos-Containing Materials
Friable asbestos is any asbestos-containing material (ACM) that, when dry, can easily be crumbled or pulverized to a powder by hand, allowing the asbestos particles to become airborne. Common examples of products that have been found to contain friable asbestos include acoustical ceilings, plaster, wallboard, and thermal insulation for water heaters and pipes. Common examples of nonfriable ACMs are asphalt roofing shingles, vinyl floor tiles, and transite siding made with cement.

The EPA phased out use of friable asbestos products between 1973 and 1978. National Emission Standards for Hazardous Air Pollutants (NESHAP) guidelines require that potentially friable ACMs be removed prior to building demolition or remodeling that may disturb the ACMs.

CCR Title 8, Section 1532.1
The United States Consumer Product Safety Commission banned the use of lead-based paint in 1978.

Removal of older structures with lead-based paint is subject to requirements outlined by the Cal/OSHA Lead in Construction Standard, CCR Title 8, Section 1532.1 during demolition activities.

Requirements include employee training, employee air monitoring, and dust control. If lead-based paint is peeling, flaking, or blistered, it is required to be removed prior to demolition. 62 California Environmental Protection Agency. “Cortese List Data Resources.” Accessed April 19, 2022. https://calepa.ca.gov/sitecleanup/corteselist/.

2023-2031 Housing Element Update 98 Initial Study/Addendum City of Morgan Hill October 2022
Regional and Local
Morgan Hill 2035 General Plan
The Morgan Hill 2035 General Plan includes goals, policies, and actions to avoid significant impacts due to hazards and hazardous materials. The following policies are applicable to the Housing Element Update.

Morgan Hill 2035 General Plan Policies: Hazards and Hazardous Materials Policy Description
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.

SSI-1.3 Safety Public Education Programs. Continue and improve public education programs that: a) increase awareness of the safety hazards present in South County, b) provide information on mitigation techniques, and c) strengthen public support for adopted policies which might restrict development in hazardous areas. (South County Joint Area Plan 15.15)
SSI-1.4 Development Regulations and Hazards. Regulate development in hazardous areas in such a way that it minimizes disruption of the environment and does not trigger or accelerate the hazardous processes which exist in South County. (South County Joint Area Plan 15.02b.)
SSI-1.A Management of Hazardous Areas. Continue existing development regulations and policies regarding management of hazardous areas, with monitoring to determine their effectiveness. Make policy changes only after review by all three South County jurisdictions. (South County Joint Area Plan 15.10 & 15.11) SSI-3.1 Development in Fire Hazard Areas. Minimize development in fire hazard areas and plan and construct permitted development so as to reduce exposure to fire hazards and to facilitate fire suppression efforts in the event of a wildfire. (South County Joint Area Plan

15.04)
SSI-3.2 Wildfire Risks. Avoid actions which increase fire risk, such as increasing public access roads in fire hazard areas, because of the great environmental damage and economic loss associated with a large wildfire. (South County Joint Area Plan 15.04) SSI-3.3 Public Facilities Location. Locate, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identify construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone.

SSI-3.4 Adequate Infrastructure. Design adequate infrastructure if a new development is located in a state responsibility area (SRA) or in a very high fire hazard severity zone (VHFHSZ) or high fire hazard severity zone (HFHSZ) as indicated on the City of Morgan Hill Wildland Urban Interface map (adopted March 18, 2009), including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.

SSI-3.5 Fire Risks. Work cooperatively with CAL FIRE and other public agencies with responsibility for fire protection to reduce fire risks in Morgan Hill.

2023-2031 Housing Element Update 99 Initial Study/Addendum City of Morgan Hill October 2022
SSI-3.6 Fire Hazard Severity Zones. Continue to support special High Fire Hazard Severity Zone requirements.

SSI-4.13 Household Waste. Offer regular household hazardous waste collection programs and other related activities in order to limit the types and amounts of hazardous waste entering the ordinary waste stream.

SSI-4.16 Contaminated Soil Mitigation. Require new or expanding development projects in areas contaminated from previous discharges to mitigate their environmental effects.

SSI-4.3 Use and Handling Requirements. Continue a program of regular inspections and monitoring to ensure compliance with local, State, and federal regulations, in order to reduce the risks associated with the use and handling of hazardous materials and wastes.

SSI-4.4 Industrial and Commercial Users and Generators. Continue to implement the Joint Powers Pretreatment Program for industrial and commercial hazardous material users and/or hazardous waste generators, and coordinate as appropriate with Memoranda of Understanding (MOU) inspections, Hazardous Materials Storage Ordinance (HMSO) regulations, and implementation of applicable State laws. (South County Joint Area Plan

9.01)
SSI-4.5 Storage and Usage. Regularly inspect activities that store and/or use hazardous materials, including above-ground and underground storage tanks and related equipment, to ensure compliance with the City’s Hazardous Materials Storage Ordinance (HMSO).

SSI-4.6 Short-Term Storage. Regularly inspect those facilities which store hazardous waste on site for less than 90 days (a time period for which a hazardous materials storage permit is not required). (South County Joint Area Plan 9.03)
SSI-4.7 Handling. Require submittal of a hazardous materials handling plan as a prerequisite for developments requiring zone changes and use permits. (South County Joint Area Plan

9.04)
SSI-7.1 Airport Land Use Compatibility Plan. Work closely with appropriate agencies, including the Santa Clara County Airport Land Use Commission, to ensure compatibility of land uses with airport facilities and operations.

SSI-7.2 Airspace Protection. Limit building heights for airspace protection in accordance with Federal Aviation Regulations Part 77.

SSI-12.4 Maintenance of Emergency Access Routes. Require that emergency access routes be kept free of traffic impediments.

SSI-12.5 Emergency Response Plan. Maintain comprehensive Emergency Response Plans.

SSI-12.6 Accessibility. Continue restricting development in areas of poor accessibility. Discourage development in areas where access is provided by a single road that could be damaged by faulting or landslides, or where access could be cut off by wildfires, trapping residents or workers. (South County Joint Area Plan 15.07)
SSI-12.A Emergency Access. Where appropriate, allow development in areas where a second improved access road has been provided for emergency escape. (South County Joint Area Plan 15.07)
SSI-12.B Safety Drills. Conduct periodic drills using emergency response systems to test the effectiveness of City procedures.

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Existing Conditions
Hazardous Materials Sites
The following discussion is based on a search of the DTSC online EnviroStor database and the SWRCB online GeoTracker database. In Morgan Hill, a total of 21 sites were identified from the EnviroStor database.63 A total of 91 sites involving underground storage system (UST), leaking underground storage system (LUST) and Spills, Leaks, Investigation, and Cleanups (SLIC) were identified from the GeoTracker database.
64 None of the sites identified are located on the Housing Element Update project locations.

Wildland Fires
Morgan Hill’s Fire Hazard Severity Zones range from Moderate to High.65 These zones are primarily located in hillside areas. According to CAL FIRE, two of the Housing Element Update project locations (Location 16 and 19) are located in a Very High Fire Hazard Severity Zone.66 Airport Hazards
The Morgan Hill SOI is approximately 1.5 miles northwest of the nearest public airport, the South County Airport of Santa Clara County in San Martin. No Housing Element Update project locations are located in the South County Airport Influence Area (AIA)or within the South County Airport Safety Zones.67 There are no private airstrips within the Morgan Hill SOI. 63 Department of Toxic Substances Control. “EnviroStor for the City of Morgan Hill”. Accessed June 2, 2022.

Available at: https://www.envirostor.dtsc.ca.gov/public/ 64 State Water Resources Control Board.. “GeoTracker for the City of Morgan Hill”. Accessed June 2, 2022.

Available at: https://geotracker.waterboards.ca.gov/ 65 City of Morgan Hill. Morgan Hill 2035 DEIR. Figure 4.8-2. January 2016. 66 CAL FIRE. “FHSZ Viewer.” Accessed April 19, 2022. https://egis.fire.ca.gov/FHSZ/ 67 Santa Clara County Airport Land Use Commission. Comprehensive Land Use Plan Santa Clara County San Martin Airport. Figure 5. Accessed June 6, 2022. Available at:
https://stgenpln.blob.core.windows.net/document/ALUC_E16_CLUP.pdf

2023-2031 Housing Element Update 101 Initial Study/Addendum City of Morgan Hill October 2022

4.9.2 Impact Discussion
New
Potentially
Significant
Impact
New Less
than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same Impact
as Approved
Project
Less
Impact than
Approved
Project
Would the project:
a) Create a significant hazard to the public
or the environment through the routine
transport, use, or disposal of hazardous
materials?
b) Create a significant hazard to the public
or the environment through reasonably
foreseeable upset and accident
conditions involving the release of
hazardous materials into the
environment?
c) Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste within
one-quarter mile of an existing or
proposed school?
d) Be located on a site which is included on
a list of hazardous materials sites
compiled pursuant to Government Code
Section 65962.5 and, as a result, would
it create a significant hazard to the
public or the environment?
e) For a project located within an airport
land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport,
result in a safety hazard or excessive
noise for people residing or working in
the project area?
f) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
g) Expose people or structures, either
directly or indirectly, to a significant risk
of loss, injury, or death involving
wildland fires?

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Morgan Hill 2035 Final EIR – Hazards and Hazardous Materials Conclusion The Morgan Hill 2035 FEIR concluded that buildout of the General Plan would not create a significant hazard to the public or the environment through the routine transportation, use or handling of hazardous materials. The future developments under the General Plan would also not create a significant hazard to the public or the environment due to the accidental release of hazardous materials. The impacts would be less than significant because regulations from the RWQCB and DTSC require specific handling and removal of hazardous materials. There are also General Plan policies (Policy SSI-1.3, Policy SSI-1.4, Action SSI-1.A, Policy SSI-4.3, Policy SSI-4.4, Policy SSI4.5, Policy SSI-4.6, and Policy SSI-4.7) that would further ensure that new developments constructed as part of the General Plan do not create a significant hazard. The future developments could also be within one quarter of a mile of an existing or proposed school and/or located on a hazardous materials site listed on database complied pursuant to Government Code Section 65962.5, but the potential hazardous impacts would be less than significant because of the regulations and General Plan policies previously mentioned. Also, while a portion of the Morgan Hill SOI is within the AIA of the South County Airport in San Martin, the Morgan Hill City limits and SOI are located outside the airport’s noise contours and safety zones; therefore, the General Plan buildout would not result in an airport safety hazard. Impacts related to interference with an adopted emergency response plan would also be less than significant because of General Plan policies and actions that would ensure new developments do not conflict with emergency operations in Morgan Hill. Lastly, for developments that are potentially in wildfire risk areas there are General Plan policies that would ensure developments in said areas are located and designed in a manner that minimize hazards from wildland fires and reduce impacts to less than significant.

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. [Same Impact as Approved Project (Less than Significant Impact)]
As described in the Morgan Hill 2035 FEIR, hazardous materials are routinely transported and handled at industrial, commercial/industrial, and agricultural uses within the City. The Morgan Hill 2035 FEIR concluded that compliance with applicable federal, state, and local regulations related to handling of hazardous materials, combined with the General Plan policies (Policy SSI-1.3, Policy SSI-1.4, Action SSI-1.A, Policy SSI-4.3, Policy SSI-4.4, Policy SSI-4.5, Policy SSI-4.6, and Policy SSI-4.7) would reduce risks associated with hazardous materials to less than significant by requiring hazardous materials handling plans and the regular inspection of hazardous materials storage tanks and associated equipment to ensure proper handling.

Construction of future development under the Housing Element Update would require the potential use of hazardous materials, including vehicle fuels, oils, and fluids. All hazardous materials would be transported, contained, stored, used, and disposed of in accordance with applicable federal, state, and local handling, storage, and disposal requirements. Construction-related hazardous materials use for a given Housing Element project location would be temporary, and does not constitute routine transport, use, or disposal. Once operational, future residences under the Housing Element would not involve the handling of hazardous materials since residential uses typically only use household cleaners or paints, which are not hazardous. For these reasons, the storage and handling of hazardous materials within residences under the Housing Element Update would not result in a new or more

2023-2031 Housing Element Update 103 Initial Study/Addendum City of Morgan Hill October 2022
severe impacts than disclosed in the Morgan Hill 2035 FEIR. [Same Impact as Approved Project (Less than Significant 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. [Same Impact as Approved Project (Less than Significant Impact)] The Morgan Hill 2035 FEIR concluded that buildout under the General Plan could disturb residual hazardous materials contamination present in the soil or groundwater, which has the potential to impact construction workers and adjacent land uses. Likewise, demolition of existing structures in order to implement buildout under the General Plan could potentially result in release of hazardous building materials (i.e., asbestos, lead paint, PCBs, etc.) into the environment. Impacts related to the release of hazardous materials would be reduced due to developments complying with applicable federal, state, local laws and regulations, combined with the General Plan policies and strategies described under Impact HAZ-1, including the preparation of Phase I/II Environmental Site Assessments to document soil and/or groundwater conditions on or near sites that could be released into the environment during construction, and identify protocols to be implemented during construction to ensure no release of contaminants that would affect construction workers and sensitive nearby uses.

Construction of future development associated with the Housing Element Update would be required to comply with the applicable regulations to ensure a significant hazard to the public through the release of hazardous materials into the environment does not occur. Therefore, the Housing Element Update would not result in new or more severe impacts than disclosed in the Morgan Hill 2035 FEIR. [Same Impact as Approved Project (Less than Significant Impact)] 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. [Same Impact as Approved Project (Less than Significant Impact)]
The Morgan Hill 2035 FEIR determined that the future development under the General Plan may result in locating land uses associated with hazardous material within a quarter mile of existing or proposed schools. However, impacts would be less than significant due to compliance with applicable federal, state, local laws and regulations and adherence to the General Plan policies listed in Impact HAZ-1.

The following Housing Element Update project locations are located within a quarter mile of existing schools:
• Monterey-Lucky Shing Manzinita Park (Location 1),
• Monterey-Kerley [DeNova Homes (Location 10)],
• Tilton-Lee Schmidt (Location 13),
• Monterey-First Community Housing [Magnolias] (Location 14), • Monterey- Morgan Hill Senior Housing (Location 17),

2023-2031 Housing Element Update 104 Initial Study/Addendum City of Morgan Hill October 2022
• Watsonville- Hordness [Crossings at Monterey/Royal Oaks Village] (Location 20) • Lillian Commons/Rosewood (Location 22),
• Half-Dividend [Crosswinds] (Location 11),
• APN 726-230-18, 726-230-19, 726-230-20 (Location 6),
• APN 817-090-36 (Location 22), and
• APN 817-090-55 (Location 22)
No new schools are proposed in Morgan Hill. Future residential developments under the Housing Element Update would comply with the applicable federal, state, and local laws (refer to Impact HAZ-1 and Impact HAZ-2) to ensure hazardous emissions are not emitted within a quarter mile of schools and impacts would be less than significant. [Same Impact as Approved Project (Less than Significant 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. [Less Impact as Approved Project (No Impact)] As described in the Morgan Hill 2035 FEIR, compliance with applicable federal, state, local laws and regulations, combined with General Plan policies and strategies, would ensure that impacts from locating developments on site with hazardous materials would be less than significant.

As described in Section 4.9.1.2 Existing Conditions, none of the Housing Element Update sites are included on a list of hazardous materials sites pursuant to Government Code Section 65962.5 and no impacts would occur. Therefore, the Housing Element Update would result in less impacts than disclosed in the Morgan Hill 2035 FEIR. [Less Impact as Approved Project (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. [Less Impact as Approved Project (No Impact)]
As described in the Morgan Hill 2035 FEIR, a small portion of the southern Morgan Hill SOI extends into the South County AIA but no portions of the SOI are within the airport’s safety or noise contours. The Morgan Hill 2035 FEIR concluded that based on the distance from the safety and noise contours there would be no significant impacts but General Plan policies Policy SSI-7.1 and Policy SSI-7.2 would further ensure that future developments are consistent with the South County Airport Comprehensive Land Use Plan. Therefore, impacts related to safety hazard or excessive noise from an airport would be less than significant.

As described in Section 4.9.1.2 Existing Conditions, none of the Housing Element Update project locations are within the AIA or safety zone for the South County Airport. Therefore, the Housing Element Update would have no impacts related to airport hazards and the Housing Element Update

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would result in less impacts than disclosed in the Morgan Hill 2035 FEIR. [Less Impact as Approved Project (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. [Same Impact as Approved Project (Less than Significant Impact)] The Morgan Hill 2035 FEIR concluded that buildout under the General Plan would not impair implementation or physically interfere with an adopted emergency response plan or emergency evacuation plan. Compliance with the following General Plan policies and actions would ensure that new development would not conflict with emergency operations in Morgan Hill: Policy SSI-12.4, Policy SSI-12.5, Policy SSI-12.6, Action SSI-12.A, and Action SSI-12.B. These policies require that emergency access routes be kept free of traffic impediments, an emergency response plan is maintained restricts development in areas of poor accessibility, and allows developments where a second improved access road has been provided for emergency escape.

Future development proposed under the Housing Element Update would be designed in accordance with the above referenced General Plan policies to ensure there would be no conflict with the Morgan Hill Emergency Operation Plan. Therefore, the Housing Element Update would have less impact than the Morgan Hill 2035 FEIR. [Same Impact as Approved Project (Less than Significant 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. [Same Impact as Approved Project (Less than Significant Impact)] The Morgan Hill 2035 FEIR concluded that implementation of the General Plan would have less than significant wildfire fire hazard impacts. As described in Section 4.9.1.2 Existing Conditions, two of the Housing Element Update project locations (Location 16 and 19) are located in a Very High Fire Hazard Severity Zone. Future development under the Housing Element Update would comply with applicable federal, state, local laws and regulations (e.g., Morgan Hill Municipal Code Section

15.44.190), and General Plan policies (Policy SSI-3.1, Policy SSI-3.2, Policy SSI-3.3, Policy SSI3.4, Policy SSI-3.5, and Policy SSI-3.6) to ensure impacts from wildland hazards are less than significant. [Same Impact as Approved Project (Less than Significant Impact)]

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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 Environmental Protection Agency (EPA) and the State Water Resources Control Board (SWRCB) have been developed to fulfill the requirements of this legislation. EPA regulations include the 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 Housing Element Update project locations are within the jurisdiction of the San Francisco Bay RWQCB (Location 1, 9, 10, 13, 15) and the Central Coast RWQCB (Location 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 14, 16, 17, 18, 19, 20, 21, and 22).

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 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

2023-2031 Housing Element Update 107 Initial Study/Addendum City of Morgan Hill October 2022
waste discharge requirements, including permits for nonpoint sources such as the urban runoff 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 May 2022 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.68 Under Provision C.3 of the MRP, new and redevelopment projects that create or replace 5,000 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: (1) the post-project impervious surface area is less than, or the same as, the pre-project impervious surface area; (2) the project is located in a catchment that drains to a hardened (e.g., continuously lined with concrete) engineered channel or channels or enclosed pipes, which extend continuously to the Bay, Delta, or flow controlled reservoir, or, in a catchment that drains to channels that are tidally influenced; or (3) the project is located in a catchment or sub watershed that is highly developed (i.e., that is 70 percent or more impervious).69
Phase II Small MS4 General Permit
Gilroy, Morgan Hill, and the portion of Santa Clara County that drains to the Pajaro River-Monterey Bay watershed, which includes some of the Housing Element Update project locations as noted above, are traditional permittees under the state’s Phase II Small MS4 General Permit. Since these regions are located in RWQCB Region 3 (Central Coast Region), they are subject to the Central Coast Post-Construction Requirements per Provision E.12.k of the Phase II Permit. The Central Coast Post-Construction Requirements became effective in 2014 and are specific to the Central Coast Region. Post-construction controls are permanent features of a new development or redevelopment project designed to reduce pollutants in stormwater and/or erosive flows during the life of the project.

Types of post-construction controls include low impact development (LID) site design, pollutant 68 California Regional Water Quality Control Board San Francisco Region. Municipal Regional Stormwater NPDES Permit, Order No. R2-2022-0018, NPDES Permit No. CAS612008. May 11, 2022 69 The Hydromodification Applicability Maps developed the permittees under Order No. R2-2009-0074 were prepared using this standard, adjusted to 65 percent imperviousness to account for the presence of vegetation on the photographic references used to determine imperviousness. Thus, the maps for Order No. R2-2009-0074 are accepted as meeting the 70 percent requirement.

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source control, stormwater treatment, and hydromodification management measures. The LID approach reduces stormwater runoff impacts by minimizing disturbed areas and impervious surfaces, maximizing opportunities for infiltration and evapotranspiration, and using stormwater as a resource (e.g. rainwater harvesting for non-potable uses).70
2021 Groundwater Management Plan
The 2021 Groundwater Management Plan (GWMP) describes the Valley Water’s comprehensive groundwater management framework, including existing and potential actions to achieve basin sustainability goals and ensure continued sustainable groundwater management. The GWMP covers the Santa Clara and Llagas subbasins, which are located entirely in Santa Clara County. Valley Water manages a diverse water supply portfolio, with sources including groundwater, local surface water, imported water, and recycled water. About half of the county’s water supply comes from local sources and the other half comes from imported sources. Imported water includes the District’s State Water Project and Central Valley contract supplies and supplies delivered by the San Francisco Public Utilities Commission (SFPUC) to cities in northern Santa Clara County. Local sources include natural groundwater recharge and surface water supplies. A small portion of the county’s water supply is recycled water.

Local groundwater resources make up the foundation of the county’s water supply, but they need to be augmented by the District’s comprehensive water supply management activities to reliably meet the county’s needs. These include the managed recharge of imported and local surface water and in‐ lieu groundwater recharge through the provision of treated surface water and raw water, acquisition of supplemental water supplies, and water conservation and recycling.71 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.

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. 70 City of Gilroy, City of Morgan Hill, and County of Santa Clara. Stormwater Management Guidance Manual for Low Impact Development & Post-Construction Requirements. June 2015. 71 Valley Water. 2021 Groundwater Management Plan, Santa Clara and Llagas Subbasins .November 2021.

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Local
Morgan Hill 2035 General Plan
The Morgan Hill 2035 General Plan includes goals, policies, and actions to avoid significant impacts to hydrology and water quality. The following policies are applicable to the Housing Element Update.

Morgan Hill 2035 General Plan Policies: Hydrology and Water Quality Policy Description
NRE-5.5 Flood Control Projects. Where flood control projects are needed to protect existing development, minimize disruption of streams and riparian systems, maintaining slow flow and stable banks through design and other appropriate mitigation measures. (South County Joint Area Plan 15.08)
NRE-5.6 Stream Channel Protection. Protect existing stream channels and riparian vegetation by requiring buffering or landscaped setbacks and storm runoff interception as specified in Table NRE-1 and consistent with the Santa Clara Valley Habitat Plan.

NRE-6.5 Soil and Erosion. Require development to be designed to conserve soil and avoid erosion. (South County Joint Area Plan 13.06)
NRE-6.A Standard Measures for Construction Activities. Develop a set of standard measures requiring construction activities to avoid disturbance to natural features to the extent feasible.

NRE-7.A Infrastructure Maintenance. Correct known deficiencies in the City’s sewer, storm drain, and water systems and work toward environmentally sustainable systems.

Maintain the City’s infrastructure to ensure that facilities are up to date and incorporate efficiency and conservation mechanisms.

NRE-8.1 Contamination from Toxic Chemicals. Protect water quality from contamination, and monitor it to assure that present policies and regulations are adequate. Prohibit such uses as waste facilities, septic systems, and industries using toxic chemicals where polluting substances may come in contact with groundwater, floodwaters, and creeks or reservoir waters. (South County Joint Area Plan 8.00)
NRE-8.2 Septic Systems. Continue land use policies that limit the number of individual septic systems in areas vulnerable to groundwater contamination, because of the potential for cumulative degradation of water quality. (South County Joint Area Plan 8.01) NRE-8.3 Water Quality Monitoring. Continue to monitor groundwater and surface water quality conditions to determine if changes in regulations regarding septic systems and land use are needed. (South County Joint Area Plan 8.04) NRE-8.4 Sewer Service for Future Development. In areas where future development is expected to be served by sewers, continue large lot policies which allow minimal development and limited numbers of septic systems. (This approach increases the feasibility of designing future urban density subdivisions with smaller lots, which are more efficient for sewers in terms of service and cost.) (South County Joint Area Plan

8.02)
NRE-8.6 Percolation Rates. Protect properties located in areas that have soils with rapid water percolation from future development in order to ensure existing water quality. Permit development (including commercial and industrial uses) in such areas only under strict safety limitations according to the City's Hazardous Materials Storage Ordinance

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Morgan Hill 2035 General Plan Policies: Hydrology and Water Quality Policy Description
section specifically related to high percolation rates. (South County Joint Area Plan 8.11 & 8.12)
NRE-8.7 Aquifer Protection. In order to provide greater protection of the aquifers which supply drinking water to the South County, give special consideration to the management of contaminants (e.g., hazardous materials, sanitary effluents) in groundwater recharge areas where no protective aquitard layer exists. (South County Joint Area Plan 8.13) NRE-8.8 Water Quality Compliance. Implement Best Management Practices to improve water quality, in conformance with the South Santa Clara County and City of Morgan Hill Total Maximum Daily Load (TMDL) Monitoring Plan for the Pajaro River Watershed (2015) and findings in subsequent annual status updates, as required for compliance with community standards and applicable State and federal provisions.

NRE-9.1 Interjurisdictional Coordination. Maintain close coordination with the following agencies and organizations which share jurisdiction and interest relative to South County's water supply and water quality: the Regional Water Quality Control Boards, Santa Clara Valley Water District, Santa Clara County, City of Gilroy Planning Department, and San Martin Planning Committee. (South County Joint Area Plan

10.02)
NRE-9.2 Water Board Standards. Encourage the two Regional Water Quality Control Boards which have jurisdiction in South County to agree upon compatible water quality standards and consistent approaches to implementing the State Board's nondegradation policy, so as not to confuse developers and jurisdictions which must carry out the Board's regulations. (South County Joint Area Plan 10.01) NRE-9.4 Compatibility of Regulations. Where appropriate, the Regional Water Quality Boards, Cities, County and other local agencies should adopt compatible ordinances (i.e., Hazardous Materials Storage Ordinance’s HMSOs), standards (i.e., septic tank and alternative treatment and disposal methods), and enforcement procedures (i.e., implementing AB 2185, California Health and Safety Code Chapter 6.95, Division 20, Section 25500 et seq.) regarding water quality so that there is no advantage for a company to locate in an area with lower standards. (South County Joint Area Plan

10.03)
NRE-9.A Intergovernmental Coordination. Consider intergovernmental coordination between the Cities, the County, and local agencies as an effective means of resolving issues of concern and investigating the feasibility of compatible standards, ordinances, and enforcement procedures. (South County Joint Area Plan 10.00) SSI-1.1 New Development and Hazards. New development should avoid hazardous and sensitive areas, and should occur only where it can be built without risking health and safety. New habitable structures should not be allowed in areas of highest hazard, such as floodways, active landslides, active fault traces, and airport safety zones. In areas of less risk, development should be limited and designed to reduce risks to an acceptable level. (South County Joint Area Plan 15.00)
SSI-1.2 Hazard Reporting. Known or potential geologic, fire, and flood hazards shall be disclosed as part of every real estate transaction and recorded on documents to be reported for building permits, subdivisions, and land development reports. Mitigation of hazards shall be noted in the same manner.

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Morgan Hill 2035 General Plan Policies: Hydrology and Water Quality Policy Description
SSI-1.B Current Information. Coordinate with local, regional, State, and federal sources to ensure the City maintains complete and current GIS information on fire, flood, and geotechnical hazards
SSI-2.7 Landslides. Prohibit development on known active landslides and limit development in areas where such development might initiate sliding or be affected by sliding on adjacent parcels. (South County Joint Area Plan 15.02c) SSI-2.8 Runoff and Slope Stability. Prohibit development in areas where increased runoff from the addition of impervious surfaces and drainage would increase the probability of downslope landsliding, or where additional projects would add to the cumulative effect of increased runoff, unless a downslope drainage improvement plan has been approved. (South County Joint Area Plan 15.02d)
SSI-5.1 Development in Floodways and Floodplains. Prohibit development in floodways and regulate development in floodplains to minimize flood damage and be consistent with the federal flood insurance program. (South County Joint Area Plan 15.05) SSI-5.2 Private Development in Flood-Prone Areas. If development is allowed in flood-prone areas, provide flood control facilities or appropriate flood-proofing prior to or in conjunction with development at developers' expense. (South County Joint Area Plan

12.05)
SSI-5.3 Flood Clearance. Prior to the start of construction, a Flood Clearance shall be obtained from the Floodplain Administrator for the City of Morgan Hill that provides plans drawn to scale showing the nature, location, dimensions, and elevation of the area; existing or proposed structures, fill, storage of material, and drainage facilities, and floodproofing provisions. Specifically, the following information shall be required:
• Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures
• . Proposed elevation in relation to mean sea level to which any structure will be floodproofed.
• Appropriate elevation and floodproofing certifications. • Description of the extent to which any water course will be altered or relocated as a result of the proposed development.

New residential buildings in the 100-year floodplain shall have their lowest floor elevation (excluding garage) floodproofed or raised a minimum of 1 foot above the base flood elevation (BFE). Substantially improved structures within the 100-year floodplain shall meet the same floodplain construction requirements as new buildings.*
SSI-5.4 Floodwater Diversion. Require that new developments within flood hazard areas are done in a manner that will not cause floodwaters to be diverted onto adjacent property or increase flood hazards to properties located elsewhere unless secured through a flood easement or fee title buyout.

SSI-5.5 Off-Site Impacts. Require all local development to provide appropriate mitigation of off-site flooding impacts, including limiting runoff to predevelopment levels and/or complete solutions to flooding and local drainage problems in the vicinity of the development, using such methods as detention or retention. (South County Joint Area Plan 12.08)

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Morgan Hill 2035 General Plan Policies: Hydrology and Water Quality Policy Description
SSI-5.6 New Development in Hazard Areas. Consider risk of flood hazards and damage in new development proposals within flood hazard areas. Ensure that new construction is consistent with federal flood protection regulations.

SSI-5.8 Water District Project Review. Send all subdivisions and private and public project referrals where activity is located near to floodplain areas to Santa Clara Valley Water District for review prior to City approval.

SSI-5.9 Riparian Natural Functions. Restore and maintain the natural functions of riparian corridors, creeks, and channels to reduce flooding, convey stormwater flows, and improve water quality.

SSI-5.10 Development along Reservoirs. Limit development along the shores of reservoirs which can be expected to sustain damage from seismically induced seiche waves. (South County Joint Area Plan 15.6)
SSI-5.11 New Development in Dam Inundation Areas. Consider risk of dam inundation in new development proposals within the Anderson, Chesbro, and Coyote dam inundation areas.

SSI-5.13 Public Facilities Location. Locate, when feasible, new public facilities outside of flood hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communication facilities or identify construction methods or other methods to minimize damage if these facilities are located in flood hazard zones.

SSI-5.14 Evacuation and Rescue Maps. Maintain, update, and make available to the public, as appropriate, community flood evacuation and rescue maps.

SSI-5.A Floodway and Floodplain Dedication. Continue to require dedication of floodway and floodplain areas pursuant to the PL566 Drainage Program.

SSI-5.C Critical Facilities. Conduct a study to identify critical facilities, such as levees, in flood hazard areas and within the dam inundation area, and seek ways to improve their level of protection, if possible.

SSI-6.1 Flood Control Projects. Minimize disruption of natural riparian areas by flood control projects needed to protect presently existing development by maintaining slow flow and stable banks through design and other appropriate mitigation measures. (South County Joint Area Plan 15.08)
SSI-6.2 Minimize Future Flood Control Costs. As flooding affects substantial areas of South County and the flood control projects now being constructed are designed to protect only existing developed and currently planned urban areas, manage land development to mitigate flooding problems and minimize the need for local public funding for additional flood control and local drainage facilities. (South County Joint Area Plan

12.00)
SSI-6.3 Existing and Planned Development. Areas which are developed or planned for development should be protected by the construction of flood control facilities. ( South County Joint Area Plan 12.00)
SSI-6.4 Flood Protection Priority. Give highest priority for construction of flood protection facilities as follows: 1) to areas of existing development subject to the highest potential flood damage; 2) to undeveloped areas planned for urban development which would be

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Morgan Hill 2035 General Plan Policies: Hydrology and Water Quality Policy Description
subject to the highest potential of flood damage; 3) to agricultural lands; and 4) to other undeveloped areas. (South County Joint Area Plan 12.01) SSI-6.5 Flood Risks. Work with the Santa Clara Valley Water District and other agencies with the responsibility for flood protection to reduce flooding risks in Morgan Hill.

SSI-6.6 Flood Management Design. Encourage flood management designs that respect the natural topography and vegetation of waterways while retaining dynamic flow and functional integrity.

SSI-6.7 Urban Creeks and Channels. Preserve the existing floodplain capacity of urban creeks and channels
SSI-6.8 Increased Capacity. Encourage increased stormwater and flood management infrastructure capacity in order to accommodate changes in climate, precipitation, and extreme weather events.

SSI-13.2 System Assessment. Evaluate the capacity and condition of water, wastewaster, and stormwater facilities on a regular basis to assess each system’s ability to withstand increased wet and dry weather events, meet changes in demand, and determine system deficiencies.

SSI-13.D Inspections. Regularly inspect infrastructure more vulnerable to storms (e.g., wooden utilities poles) to ensure reliability during storm events.

SSI-14.1 Efficient Water Management. Manage the supply and use of water more efficiently through appropriate means, such as watershed protection, percolation, conservation, and reclamation. (South County Joint Area Plan 7.00)
SSI-14.6 Well Pumping. Support cooperation among all jurisdictions and agencies pumping water from wells in order to manage the aquifer to preserve the natural ecology of the region, secure the aquifer's utility as a water resource, and ensure the water’s quality. (South County Joint Area Plan 7.04)
SSI-14.7 Water District Programs. Encourage the Santa Clara Valley Water District to continue developing programs to assure effective management of water resources, such as well monitoring, percolation of imported water, reclamation, and conservation. (South County Joint Area Plan 7.07)
SSI-14.9 Well Monitoring. Continue to monitor wells and provide the results to the Santa Clara Valley Water District which would coordinate the data and make it available to all jurisdictions and agencies. (South County Joint Area Plan 8.14) SSI-14.11 Urban Encroachment. Protect streambeds and other appropriate percolation areas from encroachment by urban development. (South County Joint Area Plan 7.05) SSI-14.E San Felipe Water. Continue coordination among the South County jurisdictions and the Santa Clara Valley Water District to ensure that the South County will get sufficient deliveries of San Felipe water as needs require. (South County Joint Area Plan 7.06) SSI-14.H Monitoring Programs. Work with other South County jurisdictions to track existing water quality, water supply, and water flow monitoring programs. This information should be used to evaluate current regulations and procedures, and to assess the need for new monitoring programs or for revisions or consolidation of existing programs. (South County Joint Area Plan 7.02)
SSI-14.I Water District Programs. Work with the Santa Clara Valley Water District to encourage water use efficiency and conservation programs for residences, businesses,

2023-2031 Housing Element Update 114 Initial Study/Addendum City of Morgan Hill October 2022
Morgan Hill 2035 General Plan Policies: Hydrology and Water Quality Policy Description
and agriculture and to increase public awareness of the need for efficient management of water resources, including but not limited to, conservation and reuse practices.

SSI-16.1 Drainage Facilities Payment. Ensure that those residents who benefit from, as well as those who contribute to the need for, local drainage facilities pay for them. (South County Joint Area Plan 13.02)
SSI-16.2 Drainage System Capacity. Ensure that the level of detention or retention provided on the site of any new development is compatible with the capacity of the regional storm drainage system.

SSI-16.3 Stormwater Management Plans. Require a storm water management plan for each proposed development, to be presented early in the development process and describe the design, implementation, and maintenance of the local drainage facilities. (South County Joint Area Plan 13.03)
SSI-16.3 Stormwater Management Plans. Require a stormwater management plan for each proposed development, to be presented early in the development process and describe the design, implementation, and maintenance of the local drainage.

SSI-16.4 Regional System Compatibility. Coordinate with the Santa Clara Valley Water District to ensure compatibility of the local and regional storm drainage systems.

SSI-16.A Drainage Impacts. Require developers of individual projects to mitigate on- and offsite drainage impacts and, where appropriate, install local drainage facilities which would contribute to an eventual area-wide solution to local drainage problems. (South County Joint Area Plan 13.00)
SSI-16.B South County Drainage. Work with the City of Gilroy and Santa Clara County to develop a coordinated, interjurisdictional master plan for local drainage in the South County, which includes consideration of the interface between unincorporated areas and City drainage systems. (South County Joint Area Plan 13.04) SSI-16.C Drainage Impact Mitigation. Require developers of individual projects to mitigate drainage impacts and protect ground-water quality. Such mitigation may include limiting runoff to predevelopment levels and/or complete solutions to local drainage problems in the vicinity of the development or downstream, possibly using detention or retention methods. (South County Joint Area Plan 13.05) SSI-16.D Drainage Maintenance Funding. Since County maintenance is limited to maintaining local storm drainage facilities which may affect County roads, study the available mechanisms for acquiring additional funding from residents and/or developers for any additional storm drain-related maintenance beyond that which is currently provided. (South County Joint Area Plan 13.01)
Existing Conditions
Hydrology
The City of Morgan Hill is divided into several hydrologically distinct drainage areas, with each having a system of conveyance facilities, pumps, and detention basins to collect and dispose the

2023-2031 Housing Element Update 115 Initial Study/Addendum City of Morgan Hill October 2022
runoff. The stormwater runoff from these areas is collected and ultimately discharged into creeks that flow through the city and are tributary to either of the Monterey Bay or San Francisco Bay.72 Watersheds
The Morgan Hill SOI is within the Coyote Creek Watershed that drains to San Francisco Bay and the Uvas-Llagas Watershed that drains to Monterey Bay, with a majority of the Housing Element Update project locations within the Uvas-Llagas Watershed.

Groundwater
The Morgan Hill SOI is located in the Santa Clara Subbasin and the Llagas Subbasin. The Santa Clara Subbasin groundwater is typically found between five and 40 feet below ground surface, while groundwater in the Llagas Subbasin is typically found at 15 feet below ground surface. The City of Morgan Hill’s water supply is 100 percent from groundwater with the Santa Clara Subbasin supplying 25 percent and the remaining 75 percent from the Llagas Subbasin.73 Flood Hazard Zones
The Housing Element Update project locations are within the FEMA 100-year (one percent chance of flooding) and 500-year (0.2 percent chance of flooding) flood zones. A majority of the opportunity sites are within the 500-year flood zone. Portions of the following opportunity locations lie within the 100-year flood zone 74:
• Jarvis-MH Apartments (Braddock & Logan) (Location 8), • Monterey-City Ventures (Location 7),
• Monterey-First Community Housing (Magnolias) (Location 14), • APN 726-230-20 (Location 6), and
• Edes-Alcini (TTLC Morgan Hill) (Location 18)
Seiche and Tsunami
A seiche is an oscillation of the surface of a lake or landlocked sea varying in period from a few minutes to several hours. There are no landlocked bodies of water near the opportunity project locations that in the event of a seiche would affect the sites. A tsunami is a series of water waves caused by the displacement of a body of water, such as an ocean or a large lake. Due to the immense volumes of water and energy involved, tsunamis can devastate coastal regions. Neither the Morgan Hill SOI nor the Housing Element Update project locations lie within a tsunami inundation hazard area.75 There is very low possibility of a tsunami occurring in Morgan Hill. 72 City of Morgan Hill. 2018 Storm Drainage System Master Plan. September 2018. 73 City of Morgan Hill. Morgan Hill 2035 DEIR. Pages 4.9-16 and 4.9-17. January 2016. 74 County of Santa Clara. SCCMap. Accessed June 6, 2022. Available at: https://ges.sccgov.org/discovergis/sccmap 75 California Emergency Management Agency. California Official Tsunami Inundation Map. Accessed September 16, 2021. https://www.conservation.ca.gov/cgs/tsunami/maps

2023-2031 Housing Element Update 116 Initial Study/Addendum City of Morgan Hill October 2022

4.10.2 Impact Discussion
New
Potentially
Significant
Impact
New Less
than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same Impact
as Approved
Project
Less
Impact than
Approved
Project
Would the project:
a) Violate any water quality standards or
waste discharge requirements or
otherwise substantially degrade surface
or ground water quality?
b) Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the
project may impede sustainable
groundwater management of the basin?
c) Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition of
impervious surfaces, in a manner which
would:
- 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?
d) In flood hazard, tsunami, or seiche
zones, risk release of pollutants due to
project inundation?
e) Conflict with or obstruct implementation
of a water quality control plan or
sustainable groundwater management
plan?

2023-2031 Housing Element Update 117 Initial Study/Addendum City of Morgan Hill October 2022
Morgan Hill 2035 Final EIR – Hydrology and Water Quality Conclusions The Morgan Hill 2035 concluded that the construction of future development planned under the General Plan would have less than significant impacts on hydrology and water quality. Future developments would not violate any water quality standards or waste discharge requirements during construction nor operation due to adherence to regional regulations (NPDES, SWPPP, and postconstruction RWQCB requirements) and General Plan policies; therefore, impacts would be less than significant. Impacts related to groundwater recharge and groundwater quality would be less than significant due to site design measures that would be required pursuant with the Stormwater Management Guidance for Low Impact Development and Post-Construction Requirements along with the General Plan policies. Implementation of the General Plan would also not alter the existing drainage pattern in a matter that would result in erosion, substantially increase the rate of runoff, create runoff that would exceed the existing stormwater drainage system capacity, or impede or redirect flood flow due to regional and City post-construction requirements and permits that would ensure projects are designed in a manner that they do not significantly impact the drainage patterns on-site. Compliance with General Plan policies would further reduce or minimize these impacts.

Therefore, impacts related to drainage patterns would be less than significant. Due to the location of the Morgan Hill SOI, there is no potential for a tsunami to impact the General Plan Area.

Additionally, there are no large bodies of water within the Morgan Hill SOI to create a seiche.

However, there are portions of the Morgan Hill SOI are within a FEMA 100-year flood zone.

Impacts related to flood hazards would be less than significant as future developments located within these zones would be constructed in accordance with the City’s Municipal Code 18.42 to minimize flood hazard risks.

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. [Same Impact as Approved Project (Less than Significant Impact)]
The water quality of streams, creeks, ponds, and other surface water bodies can be greatly affected by pollution carried in contaminated surface runoff. Pollutants from unidentified sources, known as nonpoint source pollutants, are washed from streets, construction sites, parking lots, and other exposed surfaces into storm drains. Urban stormwater runoff often contains contaminants such as oil and grease, plant and animal debris (e.g., leaves, dust, animal feces, etc.), pesticides, litter, and heavy metals. In sufficient concentration, these pollutants have been found to adversely affect the aquatic habitats to which they drain.

Construction Impacts
The Morgan Hill 2035 FEIR noted that development associated with the General Plan is generally located in areas with existing impervious surface area, however there are areas that are pervious.

Future development could require grading and excavation, which may result in temporary impacts to surface water quality in local waterways. When disturbance to underlying soil occurs, surface water that flows across the site may contain sediments that may be dislodged and discharged to the storm drainage system. Impacts to water quality would be reduced during construction due to compliance with the statewide Construction General Permit (individual projects that would disturb more than one

2023-2031 Housing Element Update 118 Initial Study/Addendum City of Morgan Hill October 2022
acre) and implementation of City of Morgan Hill’s Erosion and Sediment Control Ordinance and City-approved best management practices.

Future development of the Housing Element Update project locations would be subject to federal, state, and local water quality standards and discharge requirements. The majority of the Housing Element Update project locations would disturb more than one acre (refer to Table 3.4-1) and would be subject to the Construction General Permit. The Construction General Permit requires that a Notice of Intent and Stormwater Pollution Prevention Plan be prepared. In addition, all future development would be required to implement City-approved best management practices, in accordance with City’s Erosion and Sediment Control Ordinance, to reduce stormwater pollutants and erosion. For these reasons, the Housing Element Update would not result in new or more severe impacts related to water quality. [Same Impact as Approved Project (Less than Significant Impact)]
Post-Construction Impacts
Post-construction stormwater runoff and water quality is regulated through either the Municipal Regional Permit Provision C.3 or the Phase II Small MS4 Permit (dependent on RWQCB jurisdiction), and the City of Morgan Hill’s Stormwater Management Guidance Manual for Low Impact Development and Post-Construction Requirements. The Morgan Hill 2035 FEIR concluded that development in areas draining to Monterey Bay that would create or replace 2,500 square feet or more of impervious surface would be required to comply with the Central Coast RWQCB’s Post Construction Requirements and must implement low impact development measures. The Municipal Regional Permit Provision C.3 requires, for areas draining to SF Bay, all post-construction stormwater runoff to be treated by numerically sized LID treatment controls, such as biotreatment facilities, unless the project is granted Special Project LID Reduction Credits, which would allow the project to implement non-LID measures for all or a portion of the site depending on the project characteristics. Adherence to these regulations post-construction would ensure that pollutants to do not affect water quality.

Future development on the Housing Element Update project locations within the Central Coast RWQCB (Location 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 14, 16, 17, 18, 19, 20, 21, and 22) that would replace more than 2,500 square feet of impervious surface would be subject to the Central Coast RWQCB’s Post Construction Requirements. The Housing Element Update project locations within the San Francisco Bay RWQCB (Location 1, 9, 10, 13, 15) would need to implement LID measures pursuant with the Municipal Regional Permit Provision C.3. Additionally, all development associated with the Housing Element Update would comply with the City’s Stormwater Management Guidance Manual for Low Impact Development and Post-Construction Requirements, which would reduce impacts to post-construction water quality to a less than significant level. For these reasons, the Housing Element Update would not result in new or more severe impacts related to water quality. [Same Impact as Approved Project (Less than Significant Impact)]

2023-2031 Housing Element Update 119 Initial Study/Addendum City of Morgan Hill October 2022
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. [Same Impact as Approved Project (Less than Significant Impact)]
The Morgan Hill 2035 FEIR concluded that impacts related to groundwater would be less than significant since there is sufficient water supply for normal and multiple-dry year scenarios through the year 2035 (refer to Section 4.19 Utilities and Service Systems) and future developments would comply with General Plan Policies that reduce impacts to groundwater (Policy NRE-8.3, Policy NRE-8.6, Policy NRE-8.7, Policy SSI-14.1, Policy SSI-14.6, Policy SSI-14.7, Policy SSI-14.9, Policy SSI-14.11, Action SSI-14.E, Action SSI-14.H, and Action SSI-14.I). Additionally, as described in Impact HYD-1, new developments would be required to implement site design measures, which includes infiltration features (such as detention basins) that would contribute to groundwater recharge.

Future development under the Housing Element Update would be designed to comply with the site design measures, LID, and BMPs, which include infiltration features such as implement site design measures, LID, and BMPs, which include infiltration features such as detention and retention basins, that would contribute to groundwater recharge and minimize stormwater runoff. With adherence to federal and local regulations and compliance with the General Plan policies, the Housing Element Update would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin. For these reasons, the Housing Element Update, would not result in new or more severe impacts to groundwater. [Same Impact as Approved Project (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. [Same Impact as Approved Project (Less than Significant Impact)] The Morgan Hill 2035 FEIR concluded that buildout of the General Plan would increase impervious surfaces, thereby increasing stormwater runoff volumes and velocities. These impacts would be reduced through compliance with the Construction General Permit and City’s Erosion and Sediment Control Ordinance, both of which require the implementation of best management practices to reduce stormwater pollutants and erosion. Future development would also be required to submit an Erosion and Sediment Control Plan for review and approval by the Director of Public Works prior to the issuance of a grading permit. Following construction, buildout under the General Plan that would create or replace 2,500 square feet or more of impervious surface would be required to comply with the Central Coast RWQCB’s Post Construction Requirements or be required to comply with the San Francisco Bay RWQCB Municipal Regional Permit Provision C.3. The Housing Element Update project locations in both RWQCB jurisdictions must implement low impact development measures.

2023-2031 Housing Element Update 120 Initial Study/Addendum City of Morgan Hill October 2022
Additionally, compliance with the General Plan policies and actions (Policy NRE-5.5, Policy NRE5.6, Policy NRE-6.5, and Action NRE-6.A) would reduce impacts regarding erosion and siltation.

Future development under the Housing Element Update would be subject to the federal and local regulatory requirements described above, which would require adherence to the City’s required best management practices, preparation of a SWPPP, and submittal of an Erosion and Sediment Control Plan. For these reasons, the Housing Element Update, would not result in new or more severe impacts to drainage pattern and runoff. [Same Impact as Approved Project (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. [Same Impact as Approved Project (Less than Significant Impact)]
Flooding
As described in the Morgan Hill 2035 FEIR, implementation of the General Plan buildout could result in development located within an existing FEMA 100-year floodplain, which is a special flood hazard area. Pursuant with Morgan Hill Municipal Code 15.80, Flood Damage Prevention, the plans for future developments within a 100-year flood plain would be reviewed by the City prior to receiving building permits to ensure the building is consistent with the construction requirements.

General Plan Policies would also require specific design features, such as Policy SSI-5.3, which has requirements for the lowest floor elevation. Compliance with the Morgan Hill Municipal Code and General Plan policies would reduce impacts to less than significant. For future development sites located in a FEMA 100-year flood zone, where there is a 1 percent annual chance of flooding, the future development would need to comply with the City’s Municipal Code Chapter 15.80, Flood Damage, to minimize flood hazard risks. General Plan policies and actions would also reduce potential impacts for residences located within the 100-year flood zone (Policy NRE-5.5, Policy SSI1.2, Action SSI-1B, Policy SSI-5.1, Policy SSI-5.2, Policy SSI-5.3, Policy SSR-5.4, Policy SSI-5.5, Policy SSI-5.6, Policy SSI-5.7, Policy SSI-5.8, Policy SSI-5.12, Policy SSI-5.12, Action SSI-5.A, Action SSI-5.C, Policy SSI-6.1, Policy SSI-6.2, Policy SSI-6.3, Policy SSI-6.4, Policy SSI-6.5, Policy SSI-6.6, Policy SSI-6.7, and Policy SSI-6.8).

As described in Section 4.10.1.2 Existing Conditions, there are Housing Element project locations (Location 6, 7, 8, 14, and 18) within the 100-year flood zone. Adherence to the Morgan Hill Municipal Code (Chapter 15.80) and General Plan policies described above, would ensure that developments are designed to reduce potential risk from flood, both by elevating residences above the based flood elevation and by ensuring development does not redirect, impede, or displace floodwaters in a manner that would impact surrounding properties and improvements. Also the residential developments proposed under the Housing Element Update would not store substantial quantities of chemicals or other pollutant that would be at risk of release due to inundation during a flood. Therefore, the Housing Element Update would not risk release of pollutants due to inundation from flooding. For these reasons, the Housing Element Update would not result in new or more severe impacts related to flood hazards. [Same Impact as Approved Project (Less than Significant Impact)]

2023-2031 Housing Element Update 121 Initial Study/Addendum City of Morgan Hill October 2022
Tsunami and Seiche Risk
As described in the Morgan Hill 2035 FEIR, there is no potential that the General Plan buildout, which includes the various Housing Element project locations, would be impacted by a tsunami due to the distance of the Morgan Hill SOI and the Pacific Ocean. Anderson Dam is temporarily drained (limited to about three percent of its capacity) while the Anderson Dam Seismic Retrofit Project is underway.76 Upon completion of the retrofit, there would be low potential for a seiche to form on the Anderson Reservoir, thus the flooding impacts from a seiche are highly unlikely. Impacts related to tsunamis and seiche risk would be less than significant. Therefore, the Housing Element Update would not result in new or more severe impacts related to tsunami and seiche risk. [Same Impact as Approved Project (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. [Same Impact as Approved Project (Less than Significant Impact)] As described in Impacts HYD-1 through HYD-4, buildout under the General Plan (including the Housing Element Update) must comply with federal and local regulations that address constructionand operational-related surface runoff quality. Thus, the Housing Element Update would not conflict with or obstruct implementation of the Central Coast Basin Plan.

The Housing Element project locations are within the Santa Clara Plain groundwater subbasin and this subbasin has not been identified in the GWMP as being overdrafted. Implementation of the Housing Element Update would not interfere with any actions set forth by Valley Water in its GWMP in regards to groundwater recharge, transport of groundwater, and/or groundwater quality. In addition, as discussed under Impact HYD-2, the Housing Element Update would not substantially decrease groundwater supplies or interfere with groundwater recharge. [Same Impact as Approved Project (Less than Significant Impact)]
76 Valley Water. “Anderson Dam Seismic Retrofit Project.” Accessed August 29, 2022. https://www.valleywater.org/project-updates/c1-anderson-dam-seismic-retrofit

2023-2031 Housing Element Update 122 Initial Study/Addendum City of Morgan Hill October 2022

LAND USE AND PLANNING

4.11.1 Environmental Setting
Regulatory Framework
Local
Morgan Hill 2035 General Plan
The Morgan Hill 2035 General Plan includes goals, policies, and actions to avoid significant impacts to land use and planning. The following policies are applicable to the Housing Element Update.

Morgan Hill 2035 General Plan Policies: Land Use
Policy Description
CNF-9.1 Density Feathering from High to Low Densities. Encourage feathering from higher urban densities to lower rural densities to occur within the City limits. Feathering should begin as development nears the Urban Growth Boundary.

CNF-17.3 Buffer between Industrial and Incompatible Uses. Ensure that all individual uses are well sited and buffered from incompatible uses; buffers may include offices adjacent to sensitive uses, landscaping, berms, etc.

CNF-8.1 High Quality Design. Require all development to feature high quality design that enhances the visual character of Morgan Hill.

CNF-8.3 Changes in Building Scale. Discourage abrupt changes in building scale. A gradual transition between low-rise to mid-rise buildings should be achieved by using the low-rise buildings at the edge of the project site. Consider the relationship of buildings to the street, to one another and to adjacent structures and land uses.

CNF-8.7 Design Sensitivity. Ensure that new development is sensitive to the character of adjacent structures and the immediate neighborhood.

CNF-8.12 Visual Impact of Parking. Require parking areas associated with development to be located and designed to minimize visual impact to the greatest extent feasible. This may include locating parking behind buildings street frontage, below grade, or screening through the use of natural landscaping
CNF-8.19 Incompatible Uses. Use setbacks, natural and man-made barriers such as streams, park land, and drainage ways, and other mitigation to separate incompatible uses whenever possible.

CNF-9.1 Density Feathering from High to Low Densities. Encourage feathering from higher urban densities to lower rural densities to occur within the City limits. Feathering should begin as development nears the Urban Growth Boundary.

CNF-11.1 Preservation of Single-Family Neighborhoods. Encourage preservation and rehabilitation of single-family neighborhoods within the City.

CNF-11.2 Well-Designed Residential Neighborhoods. Design residential neighborhoods so they are distinct and buffered from conflicting nonresidential uses.

CNF-11.3 Appropriate Residential Transitions. Provide for an acceptable transition in lot size and density between adjacent residential areas.

2023-2031 Housing Element Update 123 Initial Study/Addendum City of Morgan Hill October 2022
Morgan Hill 2035 General Plan Policies: Land Use
Policy Description
CNF11.20Infill Compatibility. Require residential infill development to complement existing development patterns and minimize impacts on neighboring properties. This may be accomplished by:
• Matching prevailing front and side setbacks on developed blocks. • Breaking up large buildings into smaller forms reflective of the scale of nearby structures.
• Stepping back upper stories of taller structures.
• Using porches or balconies to counteract the vertical emphasis of taller buildings. • Using trees and landscaping to soften scale differences, particularly in areas where trees and vegetation are unifying aspects of community character.

CNF11.22Minimized Mass and Scale. Minimize the perceived mass and scale of attached singlefamily homes and multi-family housing to appear consistent with Morgan Hill’s small town residential character. This may be accomplished by: Breaking larger buildings up into multiple masses and adding visual breaks in building volumes. • Providing separation between individual buildings within a single project. • Including paseos, courtyards, plazas and other forms of open space that help to break up building mass.
• Utilizing landscaping that helps to soften the visual impact of larger buildings.

CNF-12.1 Neighborhood Center Design. Allow neighborhood centers within future residential neighborhoods. Neighborhood centers are envisioned as nodes or focal points that offer neighborhood-serving services and amenities within a reasonable walking distance from adjoining residential areas. These centers should be designed to increase the accessibility of goods and services within existing residential neighborhoods, particularly for the benefit of senior citizens and those with limited mobility, and to offer opportunities for socialization.

CNF-12.2 Well-connected Neighborhood Centers. Provide for safe and convenient pedestrian and bicycle connections as well as transit access to support existing neighborhood centers, including shopping centers, medical offices, sports fields, and the Centennial Recreation Center.

CNF-13.2 Density Feathering. Encourage the feathering of land use densities and intensities from high to low along Monterey Road with higher intensity land uses located adjacent to Downtown.

CNF-13.4 Block-level Master Plans. Require mixed use flex developments to a prepare block-level master plan to ensure well-planned development
CNF-20.1 East of 101 Area Land Use Planning. Require the preparation of a comprehensive master plan when new residential development is proposed in the East of 101 Area Plan Overlay district.

CNF-20.3 East of 101 Area Design. Require new residential development to be designed to minimize adverse impacts on adjacent residential and agricultural uses.

Existing Conditions
The Housing Element project locations have a General Plan designation of Mixed Use (MU), Mixed Use Flex (MUFlex), Residential Attached Low (RAL), Residential Attached Medium (RAM),

2023-2031 Housing Element Update 124 Initial Study/Addendum City of Morgan Hill October 2022
Residential Detached Low (RDL), Residential detached Medium (RDM), and Residential Estate (RE).

The Housing Element project locations are zoned Service Commercial Planned Development Combining District (CS), Downtown Mixed Use (MU-D), Mixed Use Flex (MU-F), Neighborhood Mixed Use (MU-N), Planned development Combining District (PD), Planned Unit Development (PUD), Residential Attached Low Density 3,000 square feet per unit (RAL 3,000), Residential Attached Low Density 3,500 square feet per unit (RAL-3,500), Residential Attached Medium Density (RAM), Residential Detached Low Density 12,000 square feet lots (RDL 12,000), Residential Detached Low Density 20,000 square feet lots (RDL 20,000), Residential Detached Medium Density 7,000 square feet lots (RDM 7,000), Residential Detached Medium Density (RDM 9,000), and Residential Estate 1 acre lots (RE 1).

Refer to Table 3.4-1 in Section 2.0 Project Description for the General Plan and zoning designation for each of the project locations.

4.11.2 Impact Discussion
New
Potentially
Significant
Impact
New Less
than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same
Impact as
Approved
Project
Less
Impact than
Approved
Project
Would the project:
a) Physically divide an established
community?
b) Cause a significant environmental
impact due to a conflict with any land
use plan, policy, or regulation adopted
for the purpose of avoiding or mitigating
an environmental effect?
Morgan Hill 2035 Final EIR – Land Use and Planning Conclusions The Morgan Hill 2035 FEIR concluded that the buildout of developments proposed under the General Plan would not divide established communities or neighborhoods since the developments would be consistent with existing development patterns and be subject to the General Plan policies that encourage cohesive neighborhoods. Impacts would be less than significant. Developments under the General Plan would also not conflict with land use plans or policies since the General Plan policies would support the applicable plan and/or further promote land use consistency. Therefore, impacts related to land use plans or policies would be less than significant.

Impact LU-1: The project would not physically divide an established community. [Same Impact as Approved Project (Less than Significant)]
A significant impact would occur if new development would physically divide an established community by constructing a physical feature (such as a wall, roadway, or railroad track) or by removing a mean of access (such as a local roadway or bridge) that would impair mobility within an existing community or between communities. As described in the Morgan Hill 2035 FEIR, buildout

2023-2031 Housing Element Update 125 Initial Study/Addendum City of Morgan Hill October 2022
of the General Plan Buildout (including the Housing Element Update) would not include roadways or dividing infrastructure. Future development would be required to be consistent with General Plan polices that promote compatible neighborhoods (Policy CNF-8.1, Policy CNF-8.3, Policy CNF-8.7, Policy CNF-8.12, Policy CNF-8.19, Policy CNF-9.1, Policy CNF-11.1, Policy CNF-11.2, Policy CNF-11.3, Policy CNF-11.20, Policy CNF-11.22, Policy CNF-12.1, Policy CNF-13.1, Policy CNF13.2, Policy CNF 13.4, Policy CNF-20.1, and Policy CNF-20.3). Adherence to these General Plan policies would ensure that residential developments proposed under the Housing Element Update would not divide existing residential neighborhood or communities. Therefore, the Housing Element Update would not result in new or more severe impacts as disclosed in the Morgan Hill 2035 FEIR. [Same Impact as Approved Project (Less than Significant)] 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. [Same Impact as Approved Project (Less than Significant)]
Land use conflicts can arise from a new development or land use that would cause impacts to persons or the physical environment in the vicinity of the project site or elsewhere. Potential incompatibility may arise from placing a particular development or land use at an inappropriate location, or from some aspect of the project’s design or scope. Depending on the nature of the impact and its severity, land use compatibility conflicts can range from minor irritations and nuisance to potentially significant effects on human health and safety. The Morgan Hill 2035 FEIR concluded that implementation of the General Plan and its policies would not conflict with any land use plan, policy or regulation (including Plan Bay Area, the Santa Clara County General Plan, San County Airport Land Us Compatibility Plan, and the Santa Clara Valley Water District Resources Protection Collaborative Guidelines and Standards for Land Use near Streams).

The Housing Element project locations are consistent with the General Plan land use designations and zoning districts.77 No General Plan Amendments to the Land Use Diagram are proposed as part of the Housing Element. The Housing Element Update’s conformance with various City policies adopted for the purpose of avoiding or mitigating an environmental effect is discussed in various other sections of this Initial Study/Addendum (e.g., Section 4.3 Air Quality, Section 4.4 Biological Resources, Section 4.9 Hazards and Hazardous Materials, and Section 4.13 Noise). There are no additional policies pertaining specifically to land use and planning that were adopted for the purpose of avoiding or mitigating an environmental effect. For these reasons, the Housing Element Update would not create a significant environmental impact or create a conflict with any plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Therefore, the Housing Element Update would not result in new or more severe impacts as disclosed in the Morgan Hill 2035 FEIR. [Same Impact as Approved Project (Less than Significant)] 77 On November 23, 2021, the City approved a Design Permit and Conditional Use Permit for the Monterey - First Community Housing project (Site 14). The 100 percent affordable project was processed pursuant to State Density Bonus Law and SB 330, which allowed for increased density beyond what is allowed in the MUFlex designation.

Because the residential units would be 100 percent deed restricted affordable housing for lower income households, the City determined that with the approval of the density bonus, the project is consistent with the Zoning Ordinance and General Plan.

2023-2031 Housing Element Update 126 Initial Study/Addendum City of Morgan Hill October 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.

California Geological Survey
As mandated by SMARA, the CGS has classified lands within the San Francisco-Monterey Bay region into Mineral Resource Zones (MRZs) based on the California State Mining and Geology Board guidelines. Areas with an MRZ-1 designation have sufficient information available indicating that there is little to no likelihood of significant mineral deposits. MRZ-2 areas are areas where adequate information indicates that significant deposits are present. Areas classified as MRZ-3 contain mineral deposits, but their significance cannot be evaluated from available data. Areas are classified as MRZ-4 where available information is inadequate for assignment to any other MRZ category.78
Existing Conditions
There are three areas within Morgan Hill classified as MRZ-3 zones, including the flood plains of Coyote Creek, the Franciscan Complex greenstone located at two small knolls near Anderson dam and an area near Coyote Creek, and two-small areas that lie on each side of a northwest-trending ridge that forms the western bank of Anderson Lake.79
78 California Department of Conservation. Guidelines for Classification and Designation of Mineral Lands. N.d. 79 City of Morgan Hill. Morgan Hill 2035 DEIR. Page 7-1. January 2016.

2023-2031 Housing Element Update 127 Initial Study/Addendum City of Morgan Hill October 2022

4.12.2 Impact Discussion
New
Potentially
Significant
Impact
New Less
than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same Impact
as Approved
Project
Less Impact
than
Approved
Project
Would the project:
a) Result in the loss of availability of a
known mineral resource that would be
of value to the region and the residents
of the state?
b) Result in the loss of availability of a
locally important mineral resource
recovery site delineated on a local
general plan, specific plan, or other
land use plan?
Morgan Hill 2035 Final EIR – Mineral Resources Conclusions The Morgan Hill 2035 FEIR concluded that there would be no impacts related to mineral resources due to the buildout of the General Plan. The Morgan Hill SOI is largely urbanized and no mineral resource protection areas are within the General Plan area.

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. [Same Impact as Approved Project (No Impact)]
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. [Same Impact as Approved Project (No Impact)]
As described in Section 4.12.1.2 Existing Conditions, there are three areas within Morgan Hill classified as MRZ-3 zones, including the flood plains of Coyote Creek, the Franciscan Complex greenstone located at two small knolls near Anderson dam and an area near Coyote Creek, and twosmall areas that lie on each side of a northwest-trending ridge that forms the western bank of Anderson Lake. None of the Housing Element Update project locations are located in these areas.

For these reasons, implementation of the Housing Element Update would not result in new or substantially more severe impacts to mineral resources than disclosed in the Morgan Hill 2035 FEIR. [Same Impact as Approved Project (No Impact)]

2023-2031 Housing Element Update 128 Initial Study/Addendum City of Morgan Hill October 2022
NOISE

4.13.1 Environmental Setting
Background Information
Noise
Factors that influence sound as it is perceived by the human ear, include the actual level of sound, period of exposure, frequencies involved, and fluctuation in the noise level during exposure. Noise is measured on a decibel scale, which serves as an index of loudness. The zero on the decibel scale is based on the lowest sound level that the healthy, unimpaired human ear can detect. Each 10 decibel increase in sound level is perceived as approximately a doubling of loudness. Because the human ear cannot hear all pitches or frequencies, sound levels are frequently adjusted or weighted to correspond to human hearing. This adjusted unit is known as the A-weighted decibel, or dBA.

Since excessive noise levels can adversely affect human activities and human health, federal, state, and local governmental agencies have set forth criteria or planning goals to minimize or avoid these effects. Noise guidelines are generally expressed using one of several noise averaging methods, including Leq, DNL, or CNEL.80 These descriptors are used to measure a location’s overall noise exposure, given that there are times when noise levels are higher (e.g., when a jet is taking off from an airport or when a leaf blower is operating) and times when noise levels are lower (e.g., during lulls in traffic flows on freeways or in the middle of the night). Lmax is the maximum A-weighted noise level during a measurement period.

Vibration
Ground vibration consists of rapidly fluctuating motions or waves with an average motion of zero.

Vibration amplitude can be quantified using Peak Particle Velocity (PPV), which is defined as the maximum instantaneous positive or negative peak of the vibration wave. PPV has been routinely used to measure and assess ground-borne construction vibration. Studies have shown that the threshold of perception for average persons is in the range of 0.008 to 0.012 inches/second (in/sec) PPV.

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 80 Leq is a measurement of average energy level intensity of noise over a given period of time. Day-Night Level (DNL) is a 24-hour average of noise levels, with a 10 dB penalty applied to noise occurring between 10:00 PM and 7:00 AM. Community Noise Equivalent Level (CNEL) includes an additional five dB applied to noise occurring between 7:00 PM and 10:00 PM. Where traffic noise predominates, the CNEL and DNL are typically within two dBA of the peak-hour Leq.

2023-2031 Housing Element Update 129 Initial Study/Addendum City of Morgan Hill October 2022
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.

State and Local
California Building Standards Code
The California Building Code establishes uniform minimum noise insulation performance standards to protect persons within new buildings housing people, including hotels, motels, dormitories, apartments, and dwellings other than single-family residences. Title 24 mandates that interior noise levels attributable to exterior sources not exceed 45 Ldn/CNEL in any habitable room. Exterior windows must have a minimum Sound Transmission Class (STC) of 40 or Outdoor-Indoor Transmission Class (OITC) of 30 when the property falls within the 65 dBA DNL noise contour for a freeway or expressway, railroad, or industrial source.

Morgan Hill 2035 General Plan
The Morgan Hill 2035 General Plan includes goals, policies, and actions to avoid significant impacts due to noise and vibration. The following policies are applicable to the Housing Element Update.

Morgan Hill 2035 General Plan Policies: Noise and Vibration Policy Description
SSI-8.1 Exterior Noise Level Standards. Require new development projects to be designed and constructed to meet acceptable exterior noise level standards (as shown in Table SSI-1) as follows:
• Apply a maximum exterior noise level of 60 dBA Ldn in residential areas where outdoor use is a major consideration (e.g., backyards in single-family housing developments and recreation areas in multi-family housing projects). Where the City determines that providing a Ldn of 60 dBA or lower cannot be achieved after the application of reasonable and feasible mitigation, a Ldn of 65 dBA may be permitted.

2023-2031 Housing Element Update 130 Initial Study/Addendum City of Morgan Hill October 2022
Morgan Hill 2035 General Plan Policies: Noise and Vibration Policy Description
SSI-8.2 Impact Evaluation. The impact of proposed development projects on existing land uses should be evaluated in terms of the potential for adverse community response based on significant increase in existing noise levels, regardless of compatibility guidelines.

SSI-8.5 Traffic Noise Level Standards. Consider noise level increases resulting from traffic associated with new projects significant if: a) the noise level increase is 5 dBA Ldn or greater, with a future noise level of less than 60 dBA Ldn, or b) the noise level increase is 3 dBA Ldn or greater, with a future noise level of 60 dBA Ldn or greater.

SSI-8.6 Stationary Noise Level Standards. Consider noise levels produced by stationary noise sources associated with new projects significant if they substantially exceed existing ambient noise levels.

SSI-8.7 Other Noise Sources. Consider noise levels produced by other noise sources (such as ballfields) significant if an acoustical study demonstrates they would substantially exceed ambient noise levels.

SSI-8.9 Site Planning and Design. Require attention so site planning and design techniques other than sound walls to reduce noise impacts, including: a) installing earth berms; b) increasing the distance between the noise source and the receiver; c) using non-sensitive structures such as parking lots, utility areas, and garages to shield noise-sensitive areas; d) orienting buildings to shield outdoor spaces from the noise source; and e) minimizing the noise at its source.

SSI-9.1 Techniques to Reduce Traffic. Use roadway design, traffic signalization, and other traffic planning techniques (such as limiting truck traffic in residential areas) to reduce noise caused by speed or acceleration of vehicles.

SSI-9.3 Sound Wall Design. The maximum height of sound walls shall be eight feet. Residential projects adjacent to the freeway shall be designed to minimize sound wall height through location of a frontage road, use of two sound walls or other applicable measures. Sound wall design and location shall be coordinated for an entire project area and shall meet Caltrans noise attenuation criteria for a projected eight-lane freeway condition. If two sound walls are used, the first shall be located immediately adjacent to the freeway rightof-way and the second shall be located as necessary to meet Caltrans noise requirements for primary outdoor areas. The minimum rear yard setback to the second wall shall be 20 feet.

SSI-9.5 Noise Studies for Private Development. In order to prevent significant noise impacts on neighborhood residents which are related to roadway extensions or construction of new roadways, require completion of a detailed noise study during project-level design to quantify noise levels generated by projects such as the Murphy Avenue extension to Mission View Drive and the Walnut Grove Extension to Diana Avenue. The study limits should include noise sensitive land uses adjacent to the project alignment as well as those along existing segments that would be connected to new segments. A significant impact would be identified where traffic noise levels would exceed the “normally acceptable” noise level standard for residential land uses and/or where ambient noise levels would be substantially increased with the project. Project specific mitigation measures could include, but not be limited to, considering the location of the planned roadway alignment relative to existing receivers in the vicinity, evaluating the use of noise barriers to attenuate project-generated traffic noise, and/or evaluating the use of “quiet pavement” to minimize traffic noise levels at the source. Mitigation should be designed to reduce noise levels into compliance with “normally acceptable” levels for residential noise and land use compatibility.

2023-2031 Housing Element Update 131 Initial Study/Addendum City of Morgan Hill October 2022
Morgan Hill 2035 General Plan Policies: Noise and Vibration Policy Description
SSI-9.6 Earth Berms. Allow and encourage earth berms in new development projects as an alternative to sound walls if adequate space is available.

SSI-9.7 Sound Barrier Design. Require non-earthen sound barriers to be landscaped, vegetated, or otherwise designed and/or obscured to improve aesthetics and discourage graffiti and other vandalism.

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, 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

2023-2031 Housing Element Update 132 Initial Study/Addendum City of Morgan Hill October 2022
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.

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.

Chapter 18.76 establishes quantitative noise performance standards:

1. No land use or activity may produce a noise level in excess of the standards in Table 4.13-2.

2. Noise standards in Table 4.13-2 do not apply to noise generated by vehicle traffic in the public right-of-way or from temporary construction, demolition, and vehicles that enter and leave the site of the noise-generating use (e.g., construction equipment, trains, trucks).

3. All uses and activities shall comply with Municipal Code Chapter 8.28 (Noise).

Table 4.13-2: Municipal Code Maximum Noise Levels
Receiving Land Use Maximum Noise Level at Lot Line of Receiving Use
Industrial and Wholesale 70 dBA
Commercial 65 dBA
Residential or Public/Quasi-Public 60 dBA
Notes: The planning commission may allow an additional five dBA noise level at the lot line if the maximum noise level shown cannot be achieved with reasonable and feasible mitigation.

Existing Conditions
The predominant noise source in proximity to the Housing Element Update project locations is vehicular traffic on major roadways. The largest roadway noise contributors include Highway 101, Monterey Road, Butterfield Boulevard, Cochrane Road, Main Avenue, Dunne Avenue, Edmundson Avenue, Tennant Avenue, and Watsonville Road.

Existing noise conditions were collected during a noise monitoring survey completed for the Morgan Hill 2035 FEIR. The survey consisted of eight short-term and three long-term noise measurements located throughout the City limits. The noise measurements in proximity to the proposed opportunity locations were used to represent the existing conditions.

Hourly average noise levels based on L-1 (intersection of Butterfield Boulevard and East Dunne Avenue) range from 58 to 72 Leq during daytime hours.

2023-2031 Housing Element Update 133 Initial Study/Addendum City of Morgan Hill October 2022
Short-term noise measurements were made at eight locations for 15-minute intervals. Passenger cars generated the majority of the noise at the short-term measurement locations. The representative short-term noise measurements are ST-2, ST-3, ST-6, and ST-8. The results of the short-term measurements are shown in Table 4.13-3.

Table 4.13-3: Summary of Short-Term Noise Measurements (dBA) Noise Measurement Location Date, Time Leq Lmin Lmax
ST-2 August 27, 2:48 p.m. 45 38 56
ST-3 August 27, 3:44 p.m. 66 54 81
ST-6 August 28, 12:12 p.m. 57 53 63
ST-8 August 28, 2:00 p.m. 44 39 53
Notes:

Leq = The average A-weighted noise level during the measurement period (15-minute interval).

Lmin = The minimum A-weighted noise level during the measurement period Lmax = The maximum A-weighted noise level during the measurement period.

Source: City of Morgan Hill, Morgan Hill 2035 EIR, Table 4.11-5. January 2016.

Common vibration sources include, but are not limited to, railroads, airport runways, and heavy earth-moving equipment. Sources of vibration near Housing Element Update project locations include the Union Pacific rail line, which is a rail line used by Amtrak, Caltrain, and Union Pacific freight trains for daily services. Noise-sensitive receptors in the Housing Element Update area include residences and schools.

Source: City of Morgan Hill; PlaceWorks, 2015.

ST-8
ST-1
ST-3
ST-2
LT-3
LT-2
LT-1
ST-7
ST-6 ST-4
ST-5
ST-8
ST-1
ST-3
ST-2
LT-3
LT-2
LT-1
ST-7
ST-6 ST-4
ST-5
0 .5 1 Mile
Project Boundary
Long-Term Noise Measurement Location
Sphere of Influence
City Boundary
Short-Term Noise Measurement Location
NOISE MEASUREMENT LOCATIONS FIGURE 4.13-1
City of Morgan HillMorgan Hill Housing Element Update 134 Initial Study/Addendum October 2022

2023-2031 Housing Element Update 135 Initial Study/Addendum City of Morgan Hill October 2022

4.13.2 Impact Discussion
New
Potentially
Significant
Impact
New Less than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same
Impact as
Approved
Project
Less
Impact than
Approved
Project
Would the project result in:
a) Generation of a substantial temporary or
permanent increase in ambient noise levels
in the vicinity of the project in excess of
standards established in the local general
plan or noise ordinance, or applicable
standards of other agencies?
b) Generation of excessive groundborne
vibration or groundborne noise levels?
c) For a project located within the vicinity of a
private airstrip or an airport land use plan
or, where such a plan has not been adopted,
within two miles of a public airport or
public use airport, would the project expose
people residing or working in the project
area to excessive noise levels?
Morgan Hill 2035 Final EIR – Noise Conclusions
The Morgan Hill 2035 FEIR concluded that the construction and operation of future development proposed under the General Plan would generate noise that may exceed the ambient noise levels.

Construction noise impacts would be reduced due to the Morgan Hill Municipal Code time restrictions on construction activities and General Plan policies, such as Policy SSI-8.2, that requires a project-specific noise study be prepared to mitigate construction noise impacts. The Morgan Hill 2035 EIR found that impacts related to operational noise would result in a significant and unavoidable impact because the buildout of the General Plan would generate new vehicular traffic noise on certain road segments that could not be reduced with mitigation. Impacts related to groundbourne vibration would be less than significant since future developments would need to comply with the Morgan Hill Municipal Code, which contains restrictions on the instruments that generate vibrations, and the General Plan policies that reduce vibration impacts during construction.

There would be no airport noise impacts since the Morgan Hill city limits and SOI are not within the South County Airport noise contours.

2023-2031 Housing Element Update 136 Initial Study/Addendum City of Morgan Hill October 2022
Impact NOI-1: The project would result in 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. [Same Impact as Approved Project (Significant and Unavoidable)]
Construction Noise
Construction of future developments proposed under the General Plan (including the Housing Element project locations) would result in temporary or periodic increases in ambient noise levels.

The Morgan Hill 2035 FEIR concluded impacts would be less than significant because future developments would be subject to Morgan Hill Municipal Code Section 8.28.040(D) and Policies SSI-8.2, SSI-8.6, and SSI-9.5. The City’s Municipal Code restricts construction activities within the allowable hours of 7:00 a.m. and 8:00 p.m., Monday through Friday and between the hours of 9:00 a.m. to 6:00 p.m. on Saturday. Further, General Plan Policy SSI-8.2 requires project-specific noise studies to be prepared for future developments. Adherence to the Morgan Hill Municipal Code and the General Plan policies specific to noise would ensure that new development facilitated by the Housing Element Update would have a less than significant temporary construction noise impact. For these reasons, the Housing Element Update would not result in new or substantially more severe impacts in relation to ambient noise levels from temporary activities. [Same Impact as Approved Project (Less than Significant)]
Operational Noise
The Morgan Hill 2035 FEIR concluded that the buildout of the General Plan (including the Housing Element Update) would result in substantial permanent increases to the ambient noise level due to increased vehicular traffic on local roadways. While there are General Plan policies to reduce traffic noise (Policies SSI-9.1 and TR-2.2) and to construct sound walls to reduce traffic noise (Policies SSI9.2 and SSI-9.3), the construction of sound walls or berms would not be practical or appropriate for all locations. As a result, the Morgan Hill 2035 FEIR concluded that there was no feasible mitigation to reduce impacts to a less than significant level; therefore, impacts were determined to be significant and unavoidable.

Future development proposed under the Housing Element Update would contribute to the increased traffic noise in the Morgan Hill SOI and the buildout of the Housing Element Update would combine with other growth from General Plan buildout to cause a permanent increase in ambient noise levels.

Therefore, the Housing Element Update would contribute to the significant and unavoidable impacts previously disclosed in the Morgan Hill 2035 FEIR. However, the Housing Element Update does not propose any change in the location or density of housing currently allowed under the General Plan, and so the future trips from new residences would be in keeping with what was evaluated and disclosed in the Morgan Hill 2035 FEIR. These impacts are not new or substantially more severe than the impacts disclosed in the Morgan Hill 2035 FEIR. [Same Impact as Approved Project (Significant and Unavoidable)]

2023-2031 Housing Element Update 137 Initial Study/Addendum City of Morgan Hill October 2022
Impact NOI-2: The project would not result in generation of excessive groundborne vibration or groundborne noise levels. [Same Impact as Approved Project (Less than Significant)]
Short-Term Construction-Related Vibration Impacts
Construction activities from the buildout of the General Plan (including the Housing Element Update) have the potential to cause significant vibration impacts. Policy SSI-8.2 and the Morgan Hill Noise Ordinance and Zoning Code would reduce vibration impacts from construction. Adherence to these policies, would ensure that construction of future housing under the Housing Element Update would not result in sustained levels of vibration by requiring an impact evaluation be prepared for proposed future development projects and limiting construction only to the allowable hours.

Therefore, the Housing Element Update would not result in new or substantially more severe impacts in relation to vibration impacts. [Same Impact as Approved Project (Less than Significant)] Long-Term Vibration Impacts
The Morgan Hill 2035 FEIR concluded that long-term vibration impacts would be less than significant because future development under the General Plan would undergo project-level review, which would consider land use compatibility. Additionally, Policy SSI-8.2 requires that a land use compatibility evaluation be prepared to identify potentially adverse vibration impacts. The Housing Element Update would facilitate the construction of housing, which are not land uses that generate significant stationary sources of vibrations. There would be no operational vibration impacts from the buildout of the Housing Element Update. [Less Impact as Approved Project (Less than Significant)]
Impact NOI-3: The project would not be 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. The project would not expose people residing or working in the project area to excessive noise levels. [Same Impact as Approved Project (No Impact)]
The Morgan Hill SOI is not within the vicinity of a private airstrip or an airport land use plan. The nearest public airport is the South County Airport of Santa Clara County in San Martin, located approximately 1.5 miles southeast of SOI. The Housing Element project locations are not within the noise contours of this airport; therefore, there would be no from airport-related noise impacts to future residents under the Housing Element. Implementation of the Housing Element Update would not result in new or substantially more severe impacts to mineral resources than disclosed in the Morgan Hill 2035 FEIR. [Same Impact as Approved Project (No Impact)]

2023-2031 Housing Element Update 138 Initial Study/Addendum City of Morgan Hill October 2022

POPULATION AND HOUSING

4.14.1 Environmental Setting
Regulatory Framework
State
Housing-Element Law
State requirements mandating that housing be included as an element of each jurisdiction’s general plan is known as housing-element law. The Regional Housing Need Allocation (RHNA) is the statemandated process to identify the total number of housing units (by affordability level) that each jurisdiction must accommodate in its housing element. California housing-element law requires cities to: 1) zone adequate lands to accommodate its RHNA; 2) produce an inventory of sites that can accommodate its share of the RHNA; 3) identify governmental and non-governmental constraints to residential development; 4) develop strategies and a work plan to mitigate or eliminate those constraints; and 5) adopt a housing element and update it on a regular basis.81 The City of Morgan Hill Housing Element and related land use policies were last updated in April 2015.

Regional and Local
Plan Bay Area 2050
Plan Bay Area 2050 is a long-range plan for the nine-county San Francisco Bay Area that provides strategies that increase the availability of affordable housing, support a more equitable and efficient economy, improve the transportation network, and enhance the region’s environmental resilience.

Plan Bay Area 2050 promotes the development of a variety of housing types and densities within identified Priority Development Areas (PDAs). PDAs are areas generally near existing job centers or frequent transit that are locally identified for housing and job growth.82 ABAG allocates regional housing needs to each city and county within the San Francisco Bay Area, based on statewide goals. These allocations are designed to lay the foundation for Plan Bay Area 2050’s long-term envisioned growth pattern for the region. ABAG also develops a series of forecasts and models to project the growth of population, housing units, and jobs in the Bay Area. ABAG, MTC, and local jurisdiction planning staff created the Forecasting and Modeling Report, which is a technical overview of the of the growth forecasts and land use models upon which Plan Bay Area 2050 is based.

Morgan Hill 2035 General Plan
The Morgan Hill 2035 General Plan includes goals, policies, and actions to avoid significant impacts to population and housing. The following policies are applicable to the Housing Element Update. 81 California Department of Housing and Community Development. “Regional Housing Needs Allocation and Housing Elements” Accessed June 20, 2022. http://hcd.ca.gov/community-development/housingelement/index.shtml. 82 Association of Bay Area Governments and Metropolitan Transportation Commission. Plan Bay Area 2050.

October 21, 2021. Page 20.

2023-2031 Housing Element Update 139 Initial Study/Addendum City of Morgan Hill October 2022
Morgan Hill 2035 General Plan Policies: Population and Housing Policy Description
CNF-2.2 A Balanced Community. Plan for the needs of all socioeconomic segments of the community, encouraging a balance and match in jobs and housing within the City.

CNF-3.1 RDCS Purpose. Maintain a Residential Development Control System (RDCS) to manage the amount, rate, type, and location of residential development in Morgan Hill.

CNF-3.2 Relationship to General Plan. Require the RDCS to implement the goals, and policies of the General Plan as they relate to residential development in Morgan Hill through 2035.

CNF-3.4 Population Limit. Plan for a January 1, 2035 population of 58,200 residents.

CNF-3.5 Rate of Growth. Maintain steady and predictable annual growth consistent with the population limit.

CNF-3.6 Adequate Services and Infrastructure. Allow residential growth only if it is within the ability for the City to provide adequate public services and infrastructure for new development and the community at large.

CNF-3.7 Jobs/Housing Balance. Plan for residential growth that supports a healthy balance between residents and jobs located within Morgan Hill.

CNF-4.2 Urban Growth Boundary. Maintain a long-term Urban Growth Boundary that:
a) provides greater stability of future land use patterns than is currently provided by the existing "short term" urban service area (USA) boundaries; b) indicates the preferred extent and direction of the City's future urban expansion and capital improvements planning;
c) encourages compact and concentric urban growth and development; d) promotes fiscal responsibility, cost-effective service delivery, and the City's ability to plan for and adequately maintain urban services over time; e) provides for an adequate land supply necessary for sustainable economic growth; f) compensates for the impacts of the City's historical patterns of urban growth; g) achieves greater compatibility of land use planning and decision-making for lands of mutual interest to the City and County; and
h) provide additional certainty to rural landowners needed for purposes of planning investments and maintaining viable agricultural operations.

CNF-4.3 Prerequisites for Urban Development. Consider land adjacent to the City as available for urban development only when it is included within the Urban Service Area and Urban Growth Boundary, can be developed in a manner that will be cost effective to the City, and will be served by adequate public services and facilities.

CNF-4.8 Land Supply. Include enough land within the Urban Service Area to provide for a rate, amount, and type of development consistent with the General Plan; review and modify the Urban Service Area boundaries as needed.

CNF-4.9 Orderly Growth. Urban growth should occur in an orderly and contiguous pattern, within the designated Urban Service Area, encouraging infill of vacant urban land. (South County Joint Area Plan 1.09 & 1.10)
CNF-4.10 Urban Service Area Expansions. Base expansion of urban service areas and annexations on the General Plan, consistent with the City's schedules for development and extension of services. (South County Joint Area Plan 1.11 & 1.12)

2023-2031 Housing Element Update 140 Initial Study/Addendum City of Morgan Hill October 2022
CNF-4.11 Urban Service Area Expansions Within UGB. Allow Urban Service Area expansions only within the long-term UGB and for lands with urban designations; the timing and extent of Urban Service Area expansion shall remain consistent with established Urban Service Area expansion policies and ordinances.

HE-1hh Relocation Assistance. Require relocation assistance when privately funded redevelopment displaces extremely low, very low, low, or moderate income residents.

Existing Conditions
As discussed in Section 3.2 Existing Conditions, the population of Morgan Hill was estimated to be 46,454 in 2020.83
There are 21,775 employed residents, and 18,428 jobs in Morgan Hill - the ratio of jobs to resident workers is 0.85; Morgan Hill is a net exporter of workers.84

4.14.2 Impact Discussion
New
Potentially
Significant
Impact
New Less
than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same Impact
as Approved
Project
Less
Impact than
Approved
Project
Would the project:
a) Induce substantial unplanned population
growth in an area, either directly (for
example, by proposing new homes and
businesses) or indirectly (for example,
through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere?
Morgan Hill 2035 Final EIR – Population and Housing Conclusions The Morgan Hill 2035 FEIR concluded that while the level of growth projected under the General Plan would exceed the ABAG regional projections, the General Plan policies would provide a planning framework to control the growth, which would reduce impacts related to unplanned population growth to less than significant. In addition, the development proposed under the General Plan would not directly displace existing people or housing and any parcel that requires the redevelopment of residential buildings would be replaced with new higher-density residential development. Impacts would be less than significant.
83 City of Morgan Hill. City of Morgan Hill Housing Element 2023-2031. Appendix H1. Housing Needs Assessment.
84 Ibid.

2023-2031 Housing Element Update 141 Initial Study/Addendum City of Morgan Hill October 2022
Impact POP-1: The project would not induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure). [Same Impact as Approved Project (Less than Significant Impact)] The Morgan Hill 2035 FEIR projected that buildout of the General Plan (including the Housing Element Update) would result in a total population of 68,057 residents with the net growth being 21,130 residents. It was concluded that while the anticipated population growth would exceed ABAG projections, impacts would be less than significant because the growth calculated did not account for residential development control system utilized by the City of Morgan Hill and policies from the General Plan would provide the framework for controlled growth. As previously discussed, the RDCS has been pre-empted by the Housing Crisis Act. Therefore, population growth within the City of Morgan Hill would need to be evaluated in light of the availability and capacity of public infrastructure, as buildout gets closer to the population cap of 58,200 that was evaluated by the Morgan Hill 2035 FEIR.

The Housing Element Update would generate a net increase of 6,48185 residents, which is within the net residential growth analyzed in the Morgan Hill 2035 FEIR. Therefore, the Housing Element Update would not induce population growth that has not already been accounted for in the Morgan Hill 2035 FEIR. The net growth facilitated by the Housing Element Update would be subject to the same General Plan goals and policies (Goal CNF-2, Policy CNF-2.1, Policy CNF-2.2, Policy CNF4.2, Policy CNF-4.3, Policy CNF-4.8, Policy CNF-4.9, Policy CNF-4.10, and Policy CNF-4.11) as described in the Morgan Hill 2035 FEIR. These policies would create a framework to manage population growth in Morgan Hill to ensure new growth does not exceed the City’s current infrastructure capacity. For this reason, the Housing Element Update would not result in new or substantially more severe impacts to population growth. [Same Impact as Approved Project (Less than Significant Impact)]

Impact POP-2: The project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere. [Same Impact as Approved Project (Less than Significant Impact)] As described in the Morgan Hill 2035 FEIR, the General Plan encourages the development of new residences (single-family and multi-family residences), retail space, commercial space, industrial space, service space, and public facilities space. There is potential for the displacement of existing residents if existing sites are redeveloped to accommodate denser infill housing. However, new residential development would be required to replace the existing housing units, and this is enforced by General Plan Policy HE-1hh. Therefore, buildout of the General Plan, which includes the Housing Element Update, would not result in the permanent displacement of existing people or housing nor would it necessitate the construction of replacement housing elsewhere. The Housing Element Update would not result in new or substantially more severe impacts to the existing people or housing. [Same Impact as Approved Project (Less than Significant Impact)] 85 Assumes 2.93 persons per household. Source: California Department of Finance. Population and Housing Estimates for Cities, Counties, and the State, 2021-2022 with 2020 Census Benchmark. Site accessed July 11, 2022. https://dof.ca.gov/forecasting/demographics/estimates/e-5-population-and-housing-estimates-for-cities-countiesand-the-state-2020-2022/

2023-2031 Housing Element Update 142 Initial Study/Addendum City of Morgan Hill October 2022

PUBLIC SERVICES

4.15.1 Environmental Setting
Regulatory Framework
State
Government Code Section 66477
The Quimby Act (included within Government Code Section 66477) requires local governments to set aside parkland and open space for recreational purposes. It provides provisions for the dedication of parkland and/or payment of fees in lieu of parkland dedication to help mitigate the impacts from new residential developments. The Quimby Act authorizes local governments to establish ordinances requiring developers of new residential subdivisions to dedicate parks, pay a fee in lieu of parkland dedication, or perform a combination of the two.

Government Code Section 65995 through 65998
California Government Code Section 65996 specifies that an acceptable method of offsetting a project’s effect on the adequacy of school facilities is the payment of a school impact fee prior to the issuance of a building permit. Government Code Sections 65995 through 65998 set forth provisions for the payment of school impact fees by new development by “mitigating impacts on school facilities that occur (as a result of the planning, use, or development of real property” (Section 65996[a]). The legislation states that the payment of school impact fees “are hereby deemed to provide full and complete school facilities mitigation” under CEQA (Section 65996[b]).

Developers are required to pay a school impact fee to the school district to offset the increased demands on school facilities caused by the proposed residential development project. The school district is responsible for implementing the specific methods for mitigating school impacts under the Government Code.

Regional and Local
Countywide Trails Master Plan
The Santa Clara County Trails Master Plan Update is a regional trails plan approved by the Santa Clara County Board of Supervisors. It provides a framework for implementing the County’s vision of providing a contiguous trail network that connects cities to one another, cities to the county’s regional open space resources, County parks to other County parks, and the northern and southern urbanized regions of the County. The plan identifies regional trail routes, sub-regional trail routes, connector trail routes, and historic trails.

Morgan Hill 2035 General Plan
The Morgan Hill 2035 General Plan includes goals, policies, and actions to avoid significant impacts to public services. The following policies are applicable to the Housing Element Update.

2023-2031 Housing Element Update 143 Initial Study/Addendum City of Morgan Hill October 2022
Morgan Hill 2035 General Plan Policies: Public Services Policy Description
CNF-6.1 Services to Serve Growth. Manage and schedule urban growth consistent with the ability to provide a full array of urban services and facilities, such as sewer capacity, water, transportation, schools, public safety and other urban services. (South County Joint Area Plan 1.08)
CNF-6.2 Service Standards. Ensure that facility/service standards can be met for new development by the time of occupancy.

CNF-6.3 New Public Facilities. Ensure that plans for public facilities (e.g., parks, City offices, fire stations) reflect the anticipated location, amount, and type of new development.

CNF-6.4 Public Facilities Upgrades. Evaluate the need for improvements to existing public facilities based on such factors as the location and extent of new residential, commercial and industrial development, residential densities, and neighborhood development patterns.

CNF-6.6 Urban Level of Public Services. Fully utilize existing strategies to achieve an urban level of public services throughout the City, including by a) requiring that the timing and location of future urban development be based upon the availability of public services and facilities; b) requiring new development to pay all the incremental public service costs which it generates; and c) requiring developers to dedicate land and/or pay to offset the costs relating to the provision and expansion of public services and facilities. (South County Joint Area Plan 5.01)
CNF-6.7 Impacts on City Infrastructure. Require all development that may result in a substantial impact on City infrastructure and/or services to be analyzed to determine the extent of that fiscal burden.

SSI-3.1 Development in Fire Hazard Areas. Minimize development in fire hazard areas and plan and construct permitted development so as to reduce exposure to fire hazards and to facilitate fire suppression efforts in the event of a wildfire. (South County Joint Area Plan 15.04)
SSI-3.2 Wildfire Risks. Avoid actions which increase fire risk, such as increasing public access roads in fire hazard areas, because of the great environmental damage and economic loss associated with a large wildfire. (South County Joint Area Plan 15.04) SSI-3.3 Public Facilities Location. Locate, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identify construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone.

SSI-3.4 Adequate Infrastructure. Design adequate infrastructure if a new development is located in a state responsibility area (SRA) or in a very high fire hazard severity zone (VHFHSZ) or high fire hazard severity zone (HFHSZ) as indicated on the City of Morgan Hill Wildland Urban Interface map (adopted March 18, 2009), including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.

SSI-3.5 Fire Risks. Work cooperatively with CAL FIRE and other public agencies with responsibility for fire protection to reduce fire risks in Morgan Hill.

SSI-3.6 Fire Hazard Severity Zones. Continue to support special High Fire Hazard Severity Zone requirements.

2023-2031 Housing Element Update 144 Initial Study/Addendum City of Morgan Hill October 2022
SSI-11.1 Staffing. Provide police and fire staffing and facilities as necessary to provide adequate public safety protection.

SSI-11.2 Prevention through Design. Promote police and fire security considerations in all structures by ensuring that crime and fire prevention concepts are considered in development and design.

SSI-11.3 Medical Services. Encourage provision of a full range of medical services in the city, including an acute care hospital. .

HC-1.1 Neighborhood Schools. Coordinate community development and school development to promote neighborhood schools, which educate neighborhood children and serve as a community resource facility.

HC-1.2 Coordinate School Development. Work with the Morgan Hill Unified School District to coordinate planning for school facilities in conjunction with new development, and to identify appropriate locations for future school facilities.

HC-1.3 Quality Education. Cooperate with the City of San Jose, Santa Clara County, and the Morgan Hill Unified School District to ensure a high quality education experience by providing adequate and safe school facilities, preventing overcrowding, and providing school locations convenient to the population served.

HC-1.4 Strategic Plan. Encourage the Morgan Hill Unified School District, Gavilan College, and private schools to develop a strategic plan for and construct schools to coincide with the planned future growth of the City.

HC-1.5 Site Selection. Work with the Morgan Hill Unified School District in selecting sites for new schools to optimize educational and community development goals. (South County Joint Area Plan 4.08)
HC-1.6 Efficient Siting. Site new residential development in areas served by existing schools to allow school facilities to be used most efficiently and to minimize busing needs. (South County Joint Area Plan 4.05)
HC-1.7 Neighborhood Activities. Encourage the Morgan Hill Unified School District to design, site, and upgrade elementary schools with flexible facilities that are accessible after school hours for community use to serve as the focal point of each neighborhood's diverse and changing social, cultural, vocational, recreational, and educational activities.

HC-1.8 Park Coordination. Work with the Morgan Hill Unified School District to locate parks and schools together to optimize their use as community facilities. (South County Joint Area Plan 4.10)
HC-1.12 School Availability. The City Council may reduce the number of available residential allotments for an individual RDCS competition year upon making certain findings, including that public infrastructure and services (including schools) are or will be inadequate to accommodate new development.

HC-1.A Funding. Support the development of additional and innovative financing techniques for school improvements and construction. (South County Joint Area Plan 4.13)

2023-2031 Housing Element Update 145 Initial Study/Addendum City of Morgan Hill October 2022
Existing Conditions
Fire Protection
The City of Morgan Hill contracts with the California Department of Forestry and Fire Protection (CalFire) for fire and emergency medical services. The City is served by three stations at the following locations: (1) El Toro Fire Station, located at 18300 Old Monterey Road, (2) Dunne Hill Fire Station, located at 2100 East Dunne Avenue, and (3) Headquarters at 15670 Monterey Street. 86 The City has identified the new need for a new fire station that is expected to be operational by 2024.

The new fire station would be located at 17285 Butterfield Boulevard.

Police Protection
Police service is provided to the Housing Element Update project locations by the City of Morgan Hill Police Department (MHPD). The MHPD facility is located at 16200 Vineyard Boulevard. The department employs 42 sworn officers.87 The Police Department’s dispatched approximately 90 percent of Priority One calls within 90 seconds of call receipt and dispatched approximately 90 percent of Priority Two calls within five minutes of call receipt.88 Priority One calls are reports of a crime in progress or where an injury has occurred, and Priority Two calls are reports of felonies and other major calls.

Schools
The Housing Element Update project locations are located within the Morgan Hill Unified School District (MHUSD). The MHUSD has six elementary schools, two elementary/middle schools (K-8), one Dual Immersion magnet program (K-8), two middle schools (6-8), two comprehensive high schools (9-12), one continuation high school and a community adult school.89 Parks
The City owns 70 acres of developed park land (including the Civic Center, assessment district parks and city owned trails) and 59 acres of recreation facilities. Included within this inventory, the City maintains two community parks, five neighborhood parks, two neighborhood/school parks, and 15 mini-parks, in addition to its public trail system and open space. In addition to publicly owned park land, there is also a significant amount of recreational land and open space in the City that is privately owned and maintained.

The City also owns and operates special use facilities for recreational purposes. These facilities include the Morgan Hill Aquatics Center, Community and Cultural Center, the Centennial Recreation Center, the 38-acre Outdoor Sports Center, and Skateboard/BMX park. Many sports leagues and 86 City of Morgan Hill. “Fire”. Accessed May 31, 2022. Available at: https://www.morgan-hill.ca.gov/445/Fire 87 City of Morgan Hill. Morgan Hill wishes Police Chief David Swing well in his new role. March 11, 2020.

Accessed May 31, 2022. Available at: http://www.morgan-hill.ca.gov/CivicAlerts.aspx?AID=1553&ARC=3154. 88 City of Morgan Hill. City of Morgan Hill Fiscal Years 2020-2021 and 2021-2022 Operating and CIP Budget.

April 17, 2020. Accessed May 31, 2022. Available at: https://user-ddhj25y.cld.bz/City-of-Morgan-Hill-FiscalYears-2020-2022-Recommended-Operating-and-CIP-Budgets/14/. 89 Morgan Hill Unified School District (MHUSD). “About”. Accessed May 31, 2022. Available at:
https://www.mhusd.org/about

2023-2031 Housing Element Update 146 Initial Study/Addendum City of Morgan Hill October 2022
teams use Morgan Hill School District facilities after school hours and on weekends. These facilities include 12 baseball/softball fields, two football fields, two tracks, and four swimming pools.

The General Plan includes policies that support the City’s park land and recreational goal to provide useful, accessible, and high-quality parks, recreation, and trail facilities. To achieve this goal, the City has adopted General Plan Policies and a park land dedication/park land in-lieu fee ordinance (Municipal Code Chapter 17.28) that requires park land dedication or in-lieu fees for residential developments. In accordance with General Plan Policies HC-3.3 and HC-3.29, park land dedication or in-lieu fees are required by new developments to meet the recreation and open space needs of residents in Morgan Hill.

Libraries
The Morgan Hill Library is a member of the Santa Clara County Library District. The Santa Clara County Library District (SCCLD) governs and administers seven community libraries, one branch library, two bookmobiles, the Home Service Library, and the 24-7 online library for all library users.

The SCCLD serves all unincorporated communities of Santa Clara County, as well as nine Santa Clara County cities, including Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Milpitas, Monte Sereno, Morgan Hill, and Saratoga. As one of the SCCLD’s member cities, Morgan Hill has a community library located on 680 West Main Avenue.

4.15.2 Impact Discussion
New
Potentially
Significant
Impact
New Less than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same Impact
as Approved
Project
Less Impact
than Approved
Project
Would the project result in substantial
adverse physical impacts associated with
the provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities,
the construction of which could cause
significant environmental impacts, in order
to maintain acceptable service ratios,
response times, or other performance
objectives for any of the public services:
a) Fire Protection?
b) Police Protection?
c) Schools?
d) Parks?
e) Other Public Facilities?
Morgan Hill Final EIR – Public Services Conclusions
The Morgan Hill 2035 FEIR concluded that the buildout of the General Plan would generally increase the need for the use of fire protection services, police protection services, schools, parks, and public facilities, such as libraries. Compliance with General Plan policies related to all public services and the payment of impact fees for fire protection, police protection, schools, and parks

2023-2031 Housing Element Update 147 Initial Study/Addendum City of Morgan Hill October 2022
would ensure that there would be adequate public services for all future growth. Impacts would be less than significant.

Impact PS-1: The project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for fire protection services. [Same Impact as Approved Project (Less than Significant Impact)]
The General Plan buildout, which includes the Housing Element Update, would result in new service population that would increase the demand for fire protection services. Much of the future development allowed under the proposed General Plan would occur on sites that are within or adjacent to already urbanized and/or developed areas and are already served by existing fire stations.

Some development may be located in the East of 101 Area Plan overlay area, which is an undeveloped area that would require a new fire station to meet the future needs of the City. However, the CalFire has created an allocation funds to finance the process of constructing a new fire station.

The Morgan Hill 2035 FEIR concluded that the General Plan goals, policies, and actions (Goal CNF6, Policy CNF-6.1, Policy CNG-6.2, Policy CNF-6.3, Policy CNF-6.4, Policy CNF-6.6, Policy CNF6.7, Goal SSI-3, Policy SSI-3.1, Policy SSI-3.2, Policy SSI-3.3, Policy SSI-3.4, Policy SSI-3.5, Policy SSI-3.6, Goal SSI-11, Policy SSI-11.1, Policy SSI-11.2, and Policy SSI-11.3) along with the impact fees would ensure that adequate fire protections services would be provided.

The residential development facilitated by the Housing Element Update would be served by the existing Morgan Hill fire protection services except for Location 11, which is within the East of 101 Area Plan Overlay. These residential developments would be subject to the General Plan policies and City’s fire prevention regulation and procedures. The City reviews plans and conducts construction inspections to ensure new development complies with existing building and fire code requirements.

In addition, new development is required to pay an impact fee for new residential construction. A new fire station is being planned for the East of 101 Area; therefore, Location 11 would receive fire protection services from CalFire. For these reasons, the Housing Element Update would not result in new or substantially more severe impacts to fire protection services. [Same Impact as Approved Project (Less than Significant Impact)]
Impact PS-2: The project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for police protection services. [Same Impact as Approved Project (Less than Significant Impact)]
A significant impact would result if increased demand in the City limits and SOI would require the construction of new police facilities or the expansion of existing facilities in order for the MHPD and Sheriff’s Office to adequately serve Morgan Hill, the construction or operation of which would cause significant environmental impacts. The Morgan Hill 2035 FEIR concluded that existing station

2023-2031 Housing Element Update 148 Initial Study/Addendum City of Morgan Hill October 2022
facilities would need to be expanded or renovated to meet long-term future needs. However, this would not require constructing of a new building, but rather in the form of expanding the MHPD space to take over space currently occupied by a tenant, which would not entail substantial environmental impacts. In addition, the Morgan Hill 2035 FEIR concluded that new vehicles and safety equipment would be required. Payment of development impact fees from new development and General Plan policies would reduce potential impacts to less than significant. Applicable policies include Policy SSI-11.1 and Policy SSI-11.2, which call on the City to provide adequate police and fire staffing facilities for public safety and encourages all new structures be designed with crime and fire prevention design. Residential development facilitated by the Housing Element Update would be subject to these General Plan policies and impact fees. For these reasons, and given the Housing Element Update would not alter the location or density of planned housing under the General Plan, the Housing Element Update would not result in new or substantially more severe impacts to police protection services. [Same Impact as Approved Project (Less than Significant Impact)] Impact PS-3: The project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for schools. [Same Impact as Approved Project (Less than Significant Impact)]
Impacts on school facilities would be potentially significant if the buildout of the General Plan (including future residences planned under the Housing Element Update) would require the construction of new facilities or expansion of existing schools. The Morgan Hill 2035 FEIR concluded that with the new development proposed under the General Plan, the MHUSD elementary schools would be 1,711 students over capacity, middle schools would be 109 students under capacity, high schools would be 509 students over capacity, and the district as a whole would be 2,110 students over capacity in the year 2035. The school district does not currently have plans to expand existing facilities and does not own any vacant land on which it could build. The Morgan Hill 2035 FEIR concluded that impacts to school facilities would be less than significant due to the payment of impact fees pursuant with California Government Code Section 65995. Additionally, polices from the General Plan would help to further reduce potential impacts (Policy HC-1.1, Policy HC-1.2, Policy HC-1.3, Policy HC-1.4, Policy HC-1.5, Policy HC-1.6, Policy HC-1.7, Policy HC-1.8, Policy HC-1.12, and Action HC-1.2) by requiring the City to continuously coordinate with the Morgan Hill Unified School District to ensure that new residential development can be served by existing schools and to plan for new school facilities by taking into account site selection and funding . Future development proposed under the Housing Element Update would be required to pay school impact fees to mitigate impacts, which is considered full and complete school facilities mitigation under the California Government Code (Section 65996[b]). Therefore, the Housing Element Update would not result in new or more severe impacts than disclosed in the Morgan Hill 2035 FEIR. [Same Impact as Approved Project (Less than Significant Impact)]

2023-2031 Housing Element Update 149 Initial Study/Addendum City of Morgan Hill October 2022
Impact PS-4: The project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for parks. [Same Impact as Approved Project (Less than Significant Impact)] The 2035 General Plan proposed to eliminate the City’s existing park standard of 5 acres of parkland for every 1,000 Morgan Hill resident and replace it with a new one to be developed as part of the Parks, Recreation, Trails, and Bikeways Master Plan Update. However, since the new park standard had not been finalized90, the Morgan Hill 2035 FEIR relied on the existing park standard. The FEIR concluded that the City would need an additional 132 acres of parkland by 2035 to accommodate a population of 68,057 residents. At the time the EIR was prepared, the City had plans to the expand their park inventory by 39.5 acres. Since certification of the EIR, the City’s parkland inventory has been expanded to approximately 175 acres or 3.97 acres of parkland for every 1,000 Morgan Hill resident, which would not meet the park standard. Consistent with the Morgan Hill 2035 FEIR findings, additional park acreage would be needed to meet park demand from new residents from development allowed under the General Plan. While implementation of the General Plan would require the construction or expansion of park facilities, the General Plan did not identify any specific locations for the construction of any parks or recreational facilities. With payment of park impact fees pursuant to the City’s parkland dedication/park land in-lieu fee ordinance under Municipal Code Chapter 17.28 and compliance with General Plan policies (Policy HC-3.1, Policy HC-3.2, Policy HC-3.3, Policy HC-3.4, Policy HC-3.8, Policy HC-3.9, Policy HC-3.10, Policy HC-3.11, Policy HC3.12, Policy HC-3.13, Policy HC-3.14, Policy HC-3.15, Policy HC-3.16, Policy HC-3.17, Policy HC3.22, Policy HC-3.23, Policy HC-3.24, Policy HC-3.25, Policy HC-3.28, and Policy HC-3.29), impacts would be reduced to less than significant.

The 2,212 housing units that would be constructed as part of the Housing Element Update would comply with the parkland dedication/park land in-lieu fee ordinance, which would offset to the City’s park facilities. Therefore, the Housing Element Update would not result in new or more severe significant impacts to park facilities. [Same Impact as Approved Project (Less than Significant Impact)]
Impact PS-5: The project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for other public facilities. [Same Impact as Approved Project (Less than Significant Impact)]
SCCLD does not have a service standard for new development. Accordingly, the Morgan Hill 2035 FEIR relied on comparative data from the California State Library. Based on state data, the average library size for a City of Morgan Hill’s size is approximately 23,371 square feet. The City’s library is 90 The Bikeways, Trails, Parks and Recreation Master Plan was adopted by the City of Morgan Hill on July 20, 2017. The parkland standard in the Master Plan is five acres per 1,000 residents, which is the same standard used in the Morgan Hill 2035 FEIR.

2023-2031 Housing Element Update 150 Initial Study/Addendum City of Morgan Hill October 2022
28,000 square feet and exceeds the state average. According to the Morgan Hill 2035 FEIR, the City has plans to expand the library by 10,600 square feet, which would bring the library to 41,525 square feet. Based on the projected 2035 population of 68,057, the City would be slightly below the average.

However, the size of the libraries and the size allocated for various functions, varies widely based on individual community need. The City’s library is well funded for collections, and has a large collection. The Morgan Hill 2035 FEIR concluded that impacts would be less than significant because the net growth would occur incrementally up until the year 2035 and future development facilitated by the General Plan would undergo project-specific environment review pursuant to CEQA, which would identify mitigation measures to reduce potentially significant impacts.

Therefore, the residential development under the Housing Element would not result in new or more severe impacts relating to new or physically altered library facilities. [Same Impact as Approved Project (Less than Significant Impact)]

2023-2031 Housing Element Update 151 Initial Study/Addendum City of Morgan Hill October 2022

RECREATION

4.16.1 Environmental Setting
Regulatory Framework
State
Government Code Section 66477
The Quimby Act (included within Government Code Section 66477) requires local governments to set aside parkland and open space for recreational purposes. It provides provisions for the dedication of parkland and/or payment of fees in lieu of parkland dedication to help mitigate the impacts from new residential developments. The Quimby Act authorizes local governments to establish ordinances requiring developers of new residential subdivisions to dedicate parks, pay a fee in lieu of parkland dedication, or perform a combination of the two.

Existing Conditions
Refer to Section 4.15 Public Services, for a description of the existing parks and recreational facilities in Morgan Hill.

4.16.2 Impact Discussion
New
Potentially
Significant
Impact
New Less than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same Impact
as Approved
Project
Less Impact
than
Approved
Project
a) Would the project increase the use of
existing neighborhood and regional
parks or other recreational facilities
such that substantial physical
deterioration of the facility would
occur or be accelerated?
b) Does the project include recreational
facilities or require the construction or
expansion of recreational facilities
which might have an adverse physical
effect on the environment?
Morgan Hill 2035 Final EIR – Recreation Conclusions
The Morgan Hill 2035 FEIR concluded that while the buildout of the General Plan does not include the construction of new parks and recreational facilities, new residential development would be required to pay park impact fees to generate revenue to fund future new and expanded park facilities.

The General Plan policies related to recreational facilities would also support the need for additional recreational facilities. Impacts related to recreational facilities would be less than significant.

2023-2031 Housing Element Update 152 Initial Study/Addendum City of Morgan Hill October 2022
Impact REC-1: The project would not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. [Same Impact as Approved Project (Less than Significant Impact)]
The buildout of the General Plan would increase the use and demand for existing neighborhood and regional parks and recreational facilities. The Morgan Hill 2035 FEIR concluded that additional park acreage would be needed to meet park demand for new residents from development allowed under the General Plan, as discussed under Impact PS-4. Future development would be required to pay park impact fees to generate revenue to fund future park facilities and meet the General Plan policies described under Impact PS-4. The Morgan Hill 2035 FEIR concluded that impacts would be less than significant due to the General Plan polices and park impact fees requirement. The future residential development associated with the Housing Element would be required to pay the impact fees and would be subject to the above policies. Therefore, the Housing Element would not result in new or substantially more severe impacts than disclosed in the Morgan Hill 2035 FEIR. [Same Impact as Approved Project (Less than Significant Impact)]

Impact REC-2: The project does not include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. [Same Impact as Approved Project (Less than Significant Impact)]
As described in Impact PS-4, the buildout of the General Plan would increase the use of existing recreational facilities and the City’s parkland standard of five acres per 1,000 residents would not be met unless additional parks are built. The Morgan Hill 2035 FEIR concluded that future recreational facilities and improvements would undergo individual project-level environmental review in accordance with CEQA, which would disclose and mitigate impacts to the greatest extent possible.

Therefore, impacts on the environment due to the construction or expansion of recreational facilities would be less than significant. The Housing Element Update would not require any adjustments to the location or density of planned residential uses from the current General Plan and would not result in new or substantially more severe impacts than disclosed in the Morgan Hill 2035 FEIR. [Same Impact as Approved Project (Less than Significant Impact)]

2023-2031 Housing Element Update 153 Initial Study/Addendum City of Morgan Hill October 2022

TRANSPORTATION

4.17.1 Environmental Setting
Regulatory Framework
State
Regional Transportation Plan
MTC is the transportation planning, coordinating, and financing agency for the nine-county San Francisco Bay Area, including Santa Clara County. MTC is charged with regularly updating the Regional Transportation Plan, a comprehensive blueprint for the development of mass transit, highway, airport, seaport, railroad, bicycle, and pedestrian facilities in the region. MTC and ABAG adopted Plan Bay Area 2050 in October 2021, which includes a Regional Transportation Plan to guide regional transportation investment for revenues from federal, state, regional and local sources through 2050.

Senate Bill 743
SB 743 establishes criteria for determining the significance of transportation impacts using a vehicle miles traveled (VMT) metric intended to promote the reduction of GHG emissions, the development of multimodal transportation networks, and a diversity of land uses. Specifically, SB 743 requires analysis of VMT in determining the significance of transportation impacts. Local jurisdictions were required by Governor’s Office of Planning and Research (OPR) to implement a VMT policy by July 1, 2020.

SB 743 did not authorize OPR to set specific VMT impact thresholds, but it did direct OPR to develop guidelines for jurisdictions to utilize. CEQA Guidelines Section 15064.3(b)(1) describes factors that might indicate whether a development project’s VMT may be significant. Notably, projects located within 0.50 mile of transit should be considered to have a less than significant transportation impact based on OPR guidance.

Regional and Local
Congestion Management Program
VTA oversees the Congestion Management Program (CMP), which is aimed at reducing regional traffic congestion. The relevant state legislation requires that urbanized counties in California prepare a CMP in order to obtain each county’s share of gas tax revenues. State legislation requires that each CMP define traffic LOS standards, transit service standards, a trip reduction and transportation demand management plan, a land use impact analysis program, and a capital improvement element.

VTA has review responsibility for proposed development projects that are expected to affect CMPdesignated intersections.

Morgan Hill 2035 General Plan
The Morgan Hill 2035 General Plan includes goals, policies, and actions to avoid significant impacts related to transportation. The following policies are applicable to the Housing Element Update.

2023-2031 Housing Element Update 154 Initial Study/Addendum City of Morgan Hill October 2022
Morgan Hill 2035 General Plan Policies: Transportation
Policy Description
TR-3.2 Safe and Complete Improvements. Avoid creating incomplete public improvements that create public safety hazards.

TR-3.4 Level of Service Standards. As the Level of Service (LOS) policy and design criteria for roadway improvements, use a Tiered LOS Standard as follows:
• LOS F in the Downtown at Main/Monterey, along Monterey Road between Main and Fifth Street, and along Depot Street at First through Fifth Streets. This LOS standard in the Downtown recognizes the unique nature of and goals for Downtown Morgan Hill as the transit hub of the City and as a center for shopping, business, entertainment, civic and cultural events, and higher-density, mixed-use living opportunities. This standard does not preclude the City, developers, and property owners from voluntarily implementing improvements and employing operational strategies to improve level of service, especially at the Main/Monterey intersection, if and when land uses redevelop. • LOS D for intersections and segments elsewhere; except:
o Allow LOS E for identified freeway ramps/zones, road segments and intersections that (1) provide a transition to and are located on the periphery of downtown; (2) are freeway zone intersections; and/or (3) where achieving LOS D could result in interim intersection improvements which would be “over-built” once the City’s circulation network has been completed, and/or would involve unacceptable impacts on existing buildings or existing or planned transportation facilities, including roads, sidewalks, bicycle and transit facilities; and/or would involve extraordinary costs to acquire land and existing buildings, and build the improvement in relation to benefits achieved; and/or the facility would be widened beyond requirements to serve local traffic, in that the facility accommodates a significant component of peak-hour sub-regional and regional through-traffic.
• In order to reduce the incentive for regional travel to be drawn off the freeway and onto local neighborhood streets, protect neighborhoods, avoid overbuilding intersections, and to create an incentive for using alternate modes of travel, LOS E during peak hours of travel is acceptable for the following identified freeway ramps, road segments, and intersections:
o Main Avenue and Del Monte Avenue
o Main Avenue and Depot Street
o Dunne Avenue and Del Monte Avenue
o Dunne Avenue and Monterey Avenue
o Dunne Avenue and Church Street; also, until closed: Dunne Avenue and Depot Street
o Cochrane Road and Monterey Road
o Tennant Avenue and Monterey Road
o Tennant Avenue and Butterfield Boulevard
o Cochrane Road Freeway Zone: from
o Madrone Parkway/Cochrane Plaza to
o Cochrane/DePaul Drive
o Dunne Avenue Freeway Zone: from Walnut
o Grove/East Dunne to Condit/East Dunne
o Tennant Avenue Freeway Zone: from
o Butterfield/Tennant to Condit/Tennant
o Freeway Ramps

2023-2031 Housing Element Update 155 Initial Study/Addendum City of Morgan Hill October 2022
Morgan Hill 2035 General Plan Policies: Transportation
Policy Description
Projects shall pay the City’s standard traffic impact fees imposed on new developments in accordance with the adopted impact fee schedule.

TR-9.10 Sidewalk Connectivity. Improve sidewalk connectivity by installing new sidewalks where they do not exist, consistent with the Trails and Natural Resources Master Plan.

Existing Conditions
Roadway Network
Regional Access
Highway 101 (US 101) is a north-south freeway extending northward to San Francisco and southward through Gilroy. US 101 an eight-lane freeway (three mixed-flow lanes and one highoccupancy vehicle (HOV) lane in each direction) north of Cochrane Road. South of Cochrane Road, it is a six-lane freeway with no HOV lanes.

Local Access
Major arterials and local roads provide access within the limits of Morgan Hill. Roadways that would be relevant to the Housing Element Update are described below. The Morgan Hill 2035 FEIR includes additional roadways, which are described in greater detail below. Note that the roadway network is generally the same as described in the Morgan Hill 2035 FEIR.91 • Cochrane Road is an east-west divided roadway that runs from Monterey Road to Malaguerra Avenue, east of US 101. Currently, Cochrane Road is a four-lane road between Monterey Road and Sutter Boulevard. Between Sutter Boulevard and US 101, Cochrane Road widens to three lanes eastbound and two lanes westbound, then narrows back to four lanes east of US 101, and to two lanes east of Mission View Drive.
• Monterey Road is a north-south divided major arterial that runs parallel to US 101. The roadway provides connections from Gilroy, San Martin, Morgan Hill, and San José.

Monterey Road is a four-lane roadway until it reaches San José where it becomes a six-lane roadway.
• Butterfield Boulevard is a north-south route in Morgan Hill with four-lanes. The roadway includes a Class I bikeway and pedestrian path from Cochrane Road to the Watsonville Road/Monterey Road intersection.
• Dunne Avenue extends from the east part of Morgan Hill to the west side of the side and has sidewalks located along both sides of the street. Bicycle lanes are located along both sides of Dunne Avenue between Peak Avenue and Gallop Drive (east of US 101). 91 Notable roadway improvements since certification of the Morgan Hill 2035 FEIR include: widening of a portion of Cochrane Road, Depot Road Realignment (in progress), Hale Avenue Realignment (in progress), and the extension of Sutter Road from Butterfield to Digital Drive (in progress). Other improvements have occurred along a segment of Mission View and Murphy Road.

2023-2031 Housing Element Update 156 Initial Study/Addendum City of Morgan Hill October 2022
• Tennant Avenue is an east-west roadway that provides connectivity from Foothill Avenue to Monterey Road. From Foothill Avenue to US 101, the roadway is a two-land road then it expanded to a four-lane roadway from US 101 to Monterey Road.

Existing Bicycle, Pedestrian and Transit Facilities
Bicycle Facilities
Bicycle facilities in the Housing Element Update area include Class I bikeways, Class II bike lanes, and Class III bike routes. Class I bikeways are bike paths that are physically separated from motor vehicles and offer two-way bicycle travel on a separate path. Class II bike lanes are lanes on roadways designated for use by bicycles with special lane markings, pavement legends, and signage.

Class III bike routes are existing streets (signed shared roadways) that accommodate bicycles but are not separate from the existing travel lanes. Bicycle lanes are currently provided throughout Morgan Hill. Refer to Figure 4.14-3 in the Morgan Hill 2035 Draft EIR for a map of existing bicycle facilities in Morgan Hill.

Pedestrian Facilities
Pedestrian facilities in the Housing Element Update area consist primarily of sidewalks, pedestrian push buttons and signal heads at signalized intersections. The major intersections in the city have marked crosswalks and pedestrian crossing signals.

Transit Facilities
Existing transit service to the Housing Element Update area is provided by VTA and Caltrain. VTA provides local bus services with the following bus routes serving Morgan Hill: Frequent Route 68, Rapid Bus 568, Local Bus Route 84-87, and Express Route 121, .92 The Morgan Hill Caltrain station is located along Depot Street and provides connection to stations from San Francisco to Gilroy.

Caltrain provides commuter rail service between San Francisco and Gilroy. At the Morgan Hill station, Caltrain only provides service in the northbound direction during the AM commute period with 30-minute headways and in the southbound direction only during the PM commute period with approximately 90-minute headways.
92 Valley Transit Authority. Maps. South County Map. Accessed on August 30, 2022. https://www.vta.org/sites/default/files/2022-06/VTA_SouthCounty_061322.pdf

2023-2031 Housing Element Update 157 Initial Study/Addendum City of Morgan Hill October 2022

4.17.2 Impact Discussion
New
Potentially
Significant
Impact
New Less
than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same Impact
as Approved
Project
Less Impact
than
Approved
Project
Would the project:
a) Conflict with a program, plan, ordinance,
or policy addressing the circulation
system, including transit, roadways,
bicycle lanes, and pedestrian facilities?
b) Conflict or be inconsistent with CEQA
Guidelines Section 15064.3, subdivision
(b)?
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp
curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
d) Result in inadequate emergency access?
Morgan Hill 2035 Final EIR – Transportation Conclusions The Morgan Hill 2035 FEIR evaluated traffic based on level of service, or vehicular delay, at intersections and along freeway and roadway segments, and found that the General Plan buildout would result in significant and unavoidable traffic impacts related to level of service (LOS) at freeway segments along US 101. The Morgan Hill 2035 FEIR concluded that LOS impacts at the Monterey Road and Central Avenue intersection and the Tennant Avenue and Murphy Avenue intersection would be reduced to less than significant with the implementation of Mitigation Measures TRAF-1A and TRAF-1B, which would require signals be installed at each intersection.

However, subsequent to the certification of the 2035 EIR and adoption of the 2035 General Plan, SB 743 was enacted and related Guidelines implementing SB 743 (see Guidelines Section 15604.3) were adopted which require lead agencies to evaluate transportation impacts using vehicle miles traveled, and a project’s effect on automobile delay is no longer considered an impact under CEQA.

Impact TRN-1: The project would not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadways, bicycle lanes, and pedestrian facilities. [Same Impact as Approved Project (Less than Significant Impact with Mitigation Incorporated)]
Roadway Network
As noted above, the Morgan Hill 2035 FEIR evaluated future buildout using LOS, and subsequent to the certification of the FEIR, CEQA was amended by SB743 to no longer rely on vehicle delay or congestion as the metric to evaluate transportation impacts. The Morgan Hill 2035 FEIR concluded that two study intersections (Monterey Road/Central Avenue and Tennant Avenue/Murphy Avenue) would exceed the LOS standards during peak hours. The FEIR identified two mitigation measures, Mitigation Measures TRAF-1A and TRAF-1B, that would reduce impacts to less than significant.

These measures require the City to install a signal at the intersection of Monterey road and Central

2023-2031 Housing Element Update 158 Initial Study/Addendum City of Morgan Hill October 2022
Avenue and at the intersection of Tennant Avenue and Murphy Avenue. LOS conditions would be acceptable with implementation of Mitigation Measures TRAF-1A and TRAF-1B. In addition, segments of Highway 101 would continue to operate at LOS F and the addition of traffic from the General Plan buildout, including trips from future residences on the Housing Element project locations, would account for one percent of the freeway capacity in 2035. Implementation of Mitigation Measure TRAF-2 would require that Highway 101 be widened to five lanes to increase freeway capacity. However, this mitigation measure is dependent on funding from VTA and Caltrans, which is not guaranteed. Therefore, the congestion resulting from General Plan buildout, including vehicle delay resulting from trips produced by future Housing Element project locations, would exceed CMP standards. However, in accordance with CEQA Guidelines Section 15064.3(a), LOS can no longer be used as a metric to identify traffic impacts under CEQA. Instead, the relevant question is whether the project’s effects on intersection LOS and/or roadway operations would necessitate the construction or funding of physical improvements that could have an adverse effect on the environment. The environmental effects of the potential future widening of Highway 101 to five lanes have not yet been fully identified by either the VTA or Caltrans.

Future development under the Housing Element Update would be evaluated for consistency with General Plan Policy TR-3.4 to determine whether the Housing Element Update’s effects on intersection LOS and/or roadway operations would necessitate the construction or funding of physical improvements that could have an adverse effect on the environment. For this reason, and because no changes are proposed to the location or density of planned housing within the City, the Housing Element Update would not result in new or more severe impacts. [Same Impact as Approved Project (Less than Significant Impact)]
Bicycle Facilities
The Morgan Hill 2035 FEIR determined that the General Plan would support and not conflict with the Santa Clara Countywide Bicycle Plan and the City of Morgan Hill Bikeways Master Plan Update.

General Plan policies (Policy TR-2.1, Policy TR, 8.4, TRA-8.5, TRA-8.11, and Policy TRA-8.14) call for the coordination of regional bicycle planning, the integration of more multi-modal systems in Morgan Hill, and the implementation of the City’s Bikeway Master Plan. The future residential developments on the Housing Element project locations would be designed to support multi-modal systems for all users pursuant with Policy TR-2.1. Therefore, the Housing Element Update would not result in new or more severe impacts. [Same Impact as Approved Project (Less than Significant Impact)]
Pedestrian Facilities
The Morgan Hill 2035 FEIR determined that impacts related to pedestrian facilities would be less than significant because the General Plan policies would support the City’s efforts to expand the pedestrian network in Morgan Hill. General Plan Policy TR-9.1 requires that private developments provide adequate pedestrian access in all developments and Policy TR-9.4 requires coordination of pedestrian planning between the City and County. The residential developments under the Housing Element Update would comply with the design requirements under General Plan Policy TR-9.1.

Therefore, the Housing Element Update would not result in new or more severe impacts. [Same Impact as Approved Project (Less than Significant Impact]

2023-2031 Housing Element Update 159 Initial Study/Addendum City of Morgan Hill October 2022
Impact TRN-2: The project would not conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). [Same Impact as Approved Project (Less than Significant Impact)]
This CEQA checklist item was added to the Guidelines in 2018 and did not exist in 2016 when the Morgan Hill 2035 FEIR was certified. Nonetheless, the Morgan Hill 2035 FEIR included a comparative evaluation for the existing VMT conditions versus the 2035 buildout VMT conditions to determine the effects of the proposed General Plan on existing travel patterns within the City. The Morgan Hill 2035 FEIR concluded that VMT per service population would decrease under the 2035 buildout horizon when compared with existing conditions.

As shown in Table 4.14-8 of the Morgan Hill 2035 FEIR, the VMT per service population is expected to decrease with the construction of the General Plan buildout. The existing VMT per service population is 29.3 and with the General Plan Buildout, which includes the Housing Element Update, the VMT per service population would decrease to 26.7.93 Future development proposed under the Housing Element Update would not change existing land uses or result in greater density than analyzed in the Morgan Hill 2035 FEIR. Therefore, the Housing Element Update would not result in new or more severe impacts related to VMT. [Same Impact as Approved Project (Less than Significant Impact)]
Impact TRN-3: The project would not substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). [Same Impact as Approved Project (Less than Significant Impact)]
As described in the Morgan Hill 2035 FEIR, the buildout of the General Plan would increase both residential and non-residential development that could result in new or modifications to existing roadways. However, these roadways would be designed and reviewed in accordance with City design standards and incompatible uses would be discouraged. Further, future development would comply with General Plan policies (Policy TR-1.3, Policy TR-3.2, Policy TR-3.8, Policy TR-3.21, and Policy TR-3.16) that require the incorporation of safe transportation design features, monitoring of congestion and safety to identify potential improvements, and review of speed limits. Compliance with the City’s standards and policies would reduce impacts related to hazardous roadway design to less than significant. Future development proposed as part of the Housing Element Update would be required to be designed in accordance with the City’s standards and the above-mentioned General Plan policies. Therefore, the Housing Element Update would not result in new or more severe impacts than those analyzed in the Morgan Hill 2035 FEIR. [Same Impact as Approved Project (Less than Significant Impact)]
Impact TRN-4: The project would not result in inadequate emergency access. [Same Impact as Approved Project (Less than Significant Impact)]
The Morgan Hill 2035 FEIR found that compliance with the General Plan policies and actions (Policy SSI-12.4, Policy SSI-12.5, Policy SSI-12.6, and Action SSI-12.A) and the City’s Design Standards and Standard Details for Construction would ensure that future development under the 93 City of Morgan Hill. Morgan Hill 2035 DEIR. Table 4.14-8. January 2016.

2023-2031 Housing Element Update 160 Initial Study/Addendum City of Morgan Hill October 2022
General Plan would not result in inadequate emergency access. Future development associated with the Housing Element Update would be designed in accordance with the City’s standards and the above-mentioned General Plan policies. Therefore, the Housing Element Update would not result in new or more severe impacts related to emergency access. [Same Impact as Approved Project (Less than Significant Impact)]

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TRIBAL CULTURAL RESOURCES

4.18.1 Environmental Setting
Regulatory Framework
State
Assembly Bill 52
AB 52, effective July 2015, established a new category of resources for consideration by public agencies called Tribal Cultural Resources (TCRs). AB 52 requires lead agencies to provide notice of projects to tribes that are traditionally and culturally affiliated with the geographic area if they have requested to be notified. Where a project may have a significant impact on a tribal cultural resource, consultation is required until the parties agree to measures to mitigate or avoid a significant effect on a tribal cultural resource or until it is concluded that mutual agreement cannot be reached.

Under AB 52, TCRs are defined as follows:
• Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are also either:
o Included or determined to be eligible for inclusion in the California Register of Historic Resources, or
o Included in a local register of historical resources as defined in Public Resources Code Section 5020.1(k).
• A resource determined by the lead agency to be a TCR.

AB 52 applies to non-exempt projects that are subject to a Notice of Intent (NOI) to Adopt a Negative Declaration or Notice of Availability (NOA) of a Draft EIR. A project eligible for an Addendum to an adopted Negative Declaration or certified EIR is not subject to AB 52 given an Addendum is not subject to a NOI or NOA.

Existing Conditions
As discussed in Section 4.5 Cultural Resources, numerous prehistoric sites with shell midden components, including human burials have been identified in the City. This finding indicates there is potential for additional undiscovered archeological resources in the City. During preparation of the Morgan Hill 2035 EIR, the City contacted all tribes listed by the NAHC, which included members of the Muwekma Ohlone Indian Tribe, Ohlone Indian Tribe, Amah Mutsun Tribal Band, and the Indian Canyon Mutsun Band of Costonoan tribe. The Amah Mutsun Tribal Band requested consultation on August 13, 2022. The City met with representatives of the Amah Mutsun Tribal Band on September 13, 2022. No other tribes requested consultation.

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4.18.3 Impact Discussion
New
Potentially
Significant
Impact
New Less
than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same
Impact as
Approved
Project
Less
Impact than
Approved
Project
Would the project cause a substantial adverse
change in the significance of a tribal cultural
resource, defined in Public Resources Code
Section 21074 as either a site, feature, place,
cultural landscape that is geographically
defined in terms of the size and scope of the
landscape, sacred place, or object with
cultural value to a California Native
American tribe, and that is:
a) Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in Public
Resources Code Section 5020.1(k)?
b) A resource determined by the lead
agency, in its discretion and supported by
substantial evidence, to be significant
pursuant to criteria set forth in
subdivision (c) of Public Resources Code
Section 5024.1? In applying the criteria
set forth in subdivision (c) of Public
Resources Code Section 5024.1, the lead
agency shall consider the significance of
the resource to a California Native
American tribe.

Morgan Hill 2035 Final EIR – Tribal Cultural Resources Conclusions As described under Impact CULT-2 in the Morgan Hill 2035 FEIR, the City contacted tribes listed under the NAHC pursuant to AB 52 with no tribes requesting consultation. Impacts related to tribal cultural resources would be less than significant because new developments under the General Plan would comply with the Morgan Hill Municipal Code Chapter 18.60, which requires project-specific review for archaeological resources. This municipal code section would also protect tribal cultural resources; therefore, impacts would be less than significant.

2023-2031 Housing Element Update 163 Initial Study/Addendum City of Morgan Hill October 2022
Impact TCR-1: The project would not cause a substantial adverse change in the significance of a tribal cultural resource that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k). [Same Impact as Approved Project (Less than Significant Impact)]
Impact TCR-2: The project would not cause a substantial adverse change in the significance of a tribal cultural resource that is determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. [Same Impact as Approved Project (Less than Significant Impact)] For the Morgan Hill 2035 FEIR, the City of Morgan Hill prepared a notification letter to the NAHCrecommended list of tribes pursuant to AB 52. Consultation letters were submitted to the Muwekma Ohlone Indian Tribe, Ohlone Indian Tribe, Amah Mutsun Tribal Band, and the Indian Canyon Mutsun Band of Costonoan tribe. Responses were not received from any of the listed tribe. As noted above, the Housing Element Update is not subject to AB 52 consultation requirements given the Housing Element Update is eligible for an Addendum to the Morgan Hill 2035 FEIR, which has already complied with AB 52. However, the Amah Mutsun Trbal Band requested consultation as discussed above. The City met with tribal representatives on September 13, 2022. The tribe expressed concerns about the discovery of humans remains but made no specific recommendations or requests.

As discussed in Section 4.5 Cultural Resources, since construction of developments implemented under the General Plan (including the Housing Element Update) involves ground disturbance, there is the possibility of encountering undisturbed subsurface archaeological resources, which includes tribal cultural resources, during construction of the project. The Morgan Hill 2035 FEIR concluded that compliance with the provisions of the Morgan Hill Municipal Code and individual project-level environmental review of each development pursuant to CEQA would result in less than significant impacts. Therefore, implementation of the Housing Element Update would not result in new or substantially more severe impacts to tribal cultural resources. [Same Impact as Approved Project (Less than Significant Impact)]

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UTILITIES AND SERVICE SYSTEMS
The following discussion is based, in part, on a Water Supply Assessment (WSA) completed for the Housing Element Update by Akel Engineering Group dated April 2022. A copy of this report is included in Appendix A.

4.19.1 Environmental Setting
Regulatory Framework
State
State Water Code
Pursuant to the State Water Code, water suppliers providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre-feet (approximately 980 million gallons) of water annually must prepare and adopt an urban water management plan (UWMP) and update it every five years. As part of a UWMP, water agencies are required to evaluate and describe their water resource supplies and projected needs over a 20-year planning horizon, water conservation, water service reliability, water recycling, opportunities for water transfers, and contingency plans for drought events. The City of Morgan Hill adopted its most recent UWMP in October 2021.

Assembly Bill 939
The California Integrated Waste Management Act of 1989, or AB 939, established the Integrated Waste Management Board, required the implementation of integrated waste management plans, and mandated that local jurisdictions divert at least 50 percent of solid waste generated (from 1990 levels), beginning January 1, 2000, and divert at least 75 percent by 2010. Projects that would have an adverse effect on waste diversion goals are required to include waste diversion mitigation measures.

Assembly Bill 341
AB 341 sets forth the requirements of the statewide mandatory commercial recycling program.

Businesses that generate four or more cubic yards of garbage per week and multi-family dwellings with five or more units in California are required to recycle. AB 341 sets a statewide goal for 75 percent disposal reduction by the year 2020.

Senate Bill 610
SB 610 amended state law, effective January 1, 2002, to improve the link between information on water supply availability and certain land use decisions made by cities and counties. SB 610 requires preparation of a WSA containing detailed information regarding water availability to be provided to the decision-makers prior to approval of specified large development projects that also require a General Plan Amendment. This WSA must be included in the administrative record that serves as the evidentiary basis for an approval action by the city or county on such projects. Under SB 610, WSAs must be furnished to local governments for inclusion in any environmental documentation for certain projects subject to CEQA. Pursuant to the California Water Code (Section 10912[a]), projects that require a WSA include any of the following:

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• A proposed residential development of more than 500 dwelling units; • A proposed shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space;
• A proposed commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space;
• A proposed hotel or motel, or both, having more than 500 rooms; • A proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area;
• A mixed-use project that includes one or more of the projects identified in this list; or • A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project.

Senate Bill 1383
SB 1383 establishes targets to achieve a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction by 2025. The bill grants CalRecycle the regulatory authority required to achieve the organic waste disposal reduction targets and establishes an additional target that at least 20 percent of currently disposed edible food is recovered for human consumption by 2025.

California Green Building Standards Code
In January 2010, the State of California adopted the California Green Building Standards Code, establishing mandatory green building standards for all buildings in California. The code covers five categories: planning and design, energy efficiency, water efficiency and conservation, material conservation and resources efficiency, and indoor environmental quality. These standards include the following mandatory set of measures, as well as more rigorous voluntary guidelines, for new construction projects to achieve specific green building performance levels:

Reducing indoor water use by 20 percent;
Reducing wastewater by 20 percent;
Recycling and/or salvaging 50 percent of nonhazardous construction and demolition debris; and Providing readily accessible areas for recycling by occupants.

Local
Morgan Hill 2035 General Plan
The Morgan Hill 2035 General Plan includes goals, policies, and actions to avoid significant impacts related to transportation. The following policies are applicable to the Housing Element Update.

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Morgan Hill 2035 General Plan Policies: Utilities and Service Systems Policy Description
SSI-14.5 Water Supply. Routinely evaluate the impact of new development proposals in Morgan Hill and require appropriate measures (fees, water supply assessments, etc) to ensure long-term water supplies are available.

SSI-14.8 Sufficient Supply. Ensure that new development does not exceed the water supply.

SSI-16.2 Drainage System Capacity. Ensure that the level of detention or retention provided on the site of any new development is compatible with the capacity of the regional storm drainage system.

City of Morgan Hill Municipal Code
The City of Morgan Hill Municipal Code contains all ordinances for the City. The Municipal Code is organized by Title, Chapter, and Section.
• Chapter 13.04 of the City’s Municipal Code describes the rules, rates, and requirements to obtain water service from the City.
• Chapter 15.65, Sustainable Building Regulations. The purpose of Chapter 15.65 of the City’s Municipal Code is to assure that commercial and residential development is consistent with the City’s environmental agenda to create a more sustainable community by incorporating sustainable building measures into the design, construction, and maintenance of new and existing buildings.
• Chapter 18.64 of the City’s Municipal Code is intended to reduce water waste in landscaping by promoting the use of region-appropriate plants that require minimal supplemental irrigation, and by establishing standards for irrigation efficiency. This chapter implements the California Water Conservation in Landscaping Act.

Existing Conditions
Water Service
The City of Morgan Hill provides potable water service to its residential, commercial, industrial, and institutional customers within the City limits. The City’s water system facilities include 17 groundwater wells, 12 potable water storage tanks, 10 booster stations, and over 180 miles of pressured pipes ranging from two to 14 inches in diameter. The City’s water distribution system meets the needs of existing customers.

The City of Morgan Hill relies on groundwater as its sole source of supply. The City relies on water imports from the State Water Project and the federal Central Valley Project for the purpose of groundwater recharge of the sub-basins that supply water to the City (Coyote Valley sub-area of the Santa Clara sub-basin and the Llagas sub-basin). The City’s 2020 UWMP (adopted in 2021) determined that there is sufficient supply to meet water demands within the service area through 2045.94 The UWMP identified potential shortages which may occur during prolonged years of drought; however, upon implementation of water shortage contingency actions, these shortages can be mitigated in dry-year and multiple dry-year scenarios. 94 City of Morgan Hill. 2020 Urban Water Management Plan. October 2021. Page 7-4.

2023-2031 Housing Element Update 167 Initial Study/Addendum City of Morgan Hill October 2022
Wastewater
The City of Morgan Hill sewer collection system consists of approximately 160 miles of four-inch through 30-inch diameter sewers, three miles of force mains, and 14 sewage lift stations. The “backbone” of the system consists of the trunk sewers, generally 12-inches in diameter and larger, that convey the collected wastewater flows south to the South County Regional Wastewater Authority (SCRWA) Wastewater Treatment Plant.95,96 The treatment plant provides service to the cities of Morgan Hill and Gilroy. The treatment plant has capacity to treat an average dry weather flow (ADWF) of 8.5 million gallons per day (mgd) and is currently permitted by the Central Coast RWQCB to treat up to 8.5 mgd.97 Currently, Morgan Hill is allocated 42 percent of the treatment plant’s 8.5 mgd capacity, amounting to 3.6 mgd. In 2016, the ADFW in the City was 2.8 mgd, leaving approximately 0.8 mgd of allowable growth within the City’s General Plan before capacity at the plant is reached.98
The SCRWA estimated in 2017 that the Wastewater Treatment Plant (WWTP) will reach capacity in 2025. The SCRWA is currently undergoing a WWTP Facility Expansion Project that will expand the existing WWTP capacity from 8.5 mgd to 11 mgd.99 The project is estimated for completion by 2024. Project-level CEQA review for the project was completed by SCRWA in August 2020.

The City of Morgan Hill has recently completed significant capital upgrades to increase the capacity of the existing sewer system and reduce overflows. The City completed construction of the Highland Avenue Sewer Upgrade project to provide additional trunk capacity near the intersection of Harding and Highland Avenues in 2018. The City is facilitating infiltration and inflow reduction projects to reduce the amount of rainwater infiltrating the sewer collection system. In addition, a second trunk sewer line is planned to extend from the Highland/Harding intersection in Morgan Hill to Renz Road in Gilroy, which would allow for additional wastewater deliveries to the SCRWA Wastewater Treatment Plant. The trunk sewer line is expected to start construction in the next two years.100 Storm Drainage
The City of Morgan Hill is divided into several hydrologically distinct drainage areas. Each drainage area has a system of curb and gutter facilities, inlets, conveyance facilities, pumps, and detention basins to collect and dispose of runoff. The stormwater runoff from these areas is ultimately discharged into creeks that flow through the City and are tributary to either Monterey Bay or San Francisco Bay. The drainage areas include Coyote Creek, Fisher Creek, Tennant Creek, Madrone Channel, Butterfield Channel, West Little Llagas Creek, and Llagas Creek. Refer to Section 4.10 Hydrology and Water Quality for additional details about the citywide storm drainage system. 95 City of Morgan Hill. Sewer System Master Plan. October 2017. 96 City of Morgan Hill. City Council State Report 2163: Accept Report Regarding Wastewater System Needs and Rate Study Schedule. May 18, 2019. 97 Santa Clara Valley Water District. US Bureau of Reclamation WaterSMART Title XVI Water Reclamation and Reuse Program Funding FY 2017, FOA BOR-DO-17-F002. South Santa Clara County Recycled Water Project (Phases 1B and 2A). December 15, 2016. Accessed April June 30, 2022. https://www.usbr.gov/watersmart/title/docs/applications/authorized/2017/F002-007santaclara.pdf 98 City of Morgan Hill. Sewer System Management Plan. Page 53. February 2018. 99 City of Gilroy. South County Regional Wastewater Authority (SCRWA). Accessed April 23, 2021. http://www.ci.gilroy.ca.us/561/South-County-Regional-Wastewater-Authori 100 City of Morgan Hill. City Council Staff Report 2163. February 6, 2019.

2023-2031 Housing Element Update 168 Initial Study/Addendum City of Morgan Hill October 2022
Solid Waste
Recology South Valley provides solid waste and recycling services to the residents and businesses of the City. The City is contracted with Waste Solutions Group of San Benito, LLC. Effective March 2022, the City’s waste is hauled to Kirby Canyon landfill in San José or the Monterey Peninsula landfill in Marina. Kirby Canyon Landfill has a projected permitted capacity of approximately 36,400,000 cubic yards (9,828,000 tons) and is expected to remain open through 2059.101102 Other Utilities
Refer to Section 4.6, Energy, for a discussion of electricity and natural gas facilities serving Morgan Hill.

4.19.2 Impact Discussion
New
Potentially
Significant
Impact
New Less than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same Impact
as Approved
Project
Less Impact
than
Approved
Project
Would the project:
a) Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or stormwater
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which
could cause significant environmental
effects?
b) Have insufficient water supplies
available to serve the project and
reasonably foreseeable future
development during normal, dry and
multiple dry years?
c) Result in a determination by the
wastewater treatment provider which
serves or may serve the project that it
does not have adequate capacity to
serve the project’s projected demand in
addition to the provider’s existing
commitments?
d) Generate solid waste in excess of state
or local standards, or in excess of the
capacity of local infrastructure, or
otherwise impair the attainment of solid
waste reduction goals?
101 CalRecycle. SWIS Facility Detail: Kirby Canyon Landfill (43-AN-0008). Accessed August 29, 2022. https://www2.calrecycle.ca.gov/SolidWaste/Site/Summary/3393 102 1 cubic yard = 0.27 tons.

2023-2031 Housing Element Update 169 Initial Study/Addendum City of Morgan Hill October 2022
New
Potentially
Significant
Impact
New Less than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same Impact
as Approved
Project
Less Impact
than
Approved
Project
Would the project:
e) Be noncompliant with federal, state, or
local management and reduction
statutes and regulations related to solid
waste?
Morgan Hill 2035 Final EIR – Utilities Conclusions
The Morgan Hill 2035 FEIR concluded that implementation of the 2035 General Plan would result in less than significant utilities and service systems impacts. There would be sufficient water supplies available to serve the General Plan buildout without the need for new or expanded entitlements or new water facilities. The SCRWA treatment plant would be expanded by the year 2024 and this expansion would ensure the treatment plant has adequate capacity to handle wastewater generated from new development proposed under the General Plan. There are also landfills with sufficient permitted capacity to accommodate the solid waste generated from the General Plan future development and solid waste would not be generated in excess of state or federal standards. The General Plan policies and action that promote recycling and conservation would also comply with federal, state, and local status and regulations related to solid waste.

Impact UTL-1: The project would not require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects. [Same Impact as Approved Project (Less than Significant Impact)] Water Facilities
As described below under Impact UTL-2, there are sufficient water supplies available to serve the planned housing during the 2023-2031 Housing Element Update. As discussed in the Morgan Hill 2035 FEIR, it is possible that existing local distribution lines within the City may be undersized for future development under the General Plan (including some of the Housing Element project locations) and improvements may be needed to replace existing lines with larger diameter pipes. Any new or expanded local water supply and distribution facilities would require permitting and review in accordance with CEQA, which would ensure environmental impacts are disclosed and mitigated to the extent possible. Most of the proposed housing opportunity project locations have been entitled (refer to Table 3.3-1 in Section 3.0 Project Description) and undergone separate environmental review. Future development on any of the vacant or undeveloped Housing Element project locations that have not yet undergone review would be reviewed in accordance with CEQA. For these reasons, any future installation or upgrade to any water facilities would be reviewed pursuant to CEQA to analyze potential significant environmental effects. Therefore, in accordance with the Morgan Hill 2035 FEIR, impacts related to the construction or expansion of water facilities or infrastructure would be less than significant. [Same Impact as Approved Project (Less than Significant Impact)]

2023-2031 Housing Element Update 170 Initial Study/Addendum City of Morgan Hill October 2022
Wastewater Treatment Facilities
As described below under Impact UTL-3, following the completion of the WWTP Facility Expansion Project in the year 2024, there would be adequate wastewater treatment capacity to serve the Housing Element Update. Therefore, in accordance with the Morgan Hill 2035 FEIR, impacts related to the construction or expansion of wastewater facilities or infrastructure would be less than significant. [Same Impact as Approved Project (Less than Significant Impact)] Storm Drainage
As described in Section 4.10 Hydrology and Water Quality, the General Plan buildout would increase impervious surface area in the General Plan area, which would increase runoff. Buildout under the General Plan, which includes the Housing Element Update, would connect to the existing storm drainage systems. To ensure that the existing storm drainages would be able to adequately serve future developments, all developments would need to adhere to the City’s Stormwater Management Guidance Manual for Low Impact Development, Post-Construction Requirements and Storm Drainage Master Plan. The City would then review the drainage system designs for each individual project prior to project approval. The Housing Element Update residential developments would be subject to this review process, which will identify if developments would be required to relocate or construct new storm drainage facilities. For these reasons, the Housing Element Update, would not result in new or more severe impacts to the storm drainage system. [Same Impact as Approved Project (Less than Significant Impact)]
Electric Power, Natural Gas, and Telecommunication Facilities New development under the General Plan (including the Housing Element Update) would continue to be served by PG&E. Future development associated with the General Plan would connect to existing electric power, and telecommunication lines in the Housing Element Update area. The proposed buildings would connect to existing electrical lines and other utilities such as fiber optic, telephone, and cable. The Morgan Hill 2035 FEIR concluded that the buildout of the General Plan would not require or result in the construction of new or expended electric power, natural gas, or telecommunications facilities. As described in Section 4.6 Energy, developments under the General Plan, which includes the Housing Element Update, would also be constructed and designed in a manner to conserve energy use, which would reduce the increased need on existing energy facilities.

Therefore, the Housing Element Update would not result in a significant environmental effect from the construction or relocation of natural gas, electricity, or telecommunication utilities. The Housing Element Update would not result in new or more severe impacts to the electric power, natural gas, and telecommunication facilities. [Same Impact as Approved Project (Less than Significant Impact)]

2023-2031 Housing Element Update 171 Initial Study/Addendum City of Morgan Hill October 2022
Impact UTL-2: The project would not have insufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years. [Same Impact as Approved Project (Less than Significant Impact)]
The Morgan Hill 2035 FEIR concluded that there would be sufficient water supplies available to serve buildout of the General Plan from existing entitlements and resources under normal, single-dry, and multiple-dry years.103 Future development under the Housing Element Update would be consistent with the buildout projections of the General Plan (Policies SSI-14.1 through SSI-14.13 and Policies NRE-7.1 through NRE-7.5). Pursuant to the requirements of SB 610, a WSA was prepared for the Housing Element Update and the WSA evaluated a total of 2,350 units, which is more units than what the Housing Element Update currently proposed (2,212 residential units).104 The Project has a projected water demand of approximately 225 acre-feet per year within the Coyote Valley subarea and 131 acre-feet per year within the Llagas subbasin, respectively. Under normal year conditions, the projected water supply availabilities of the Llagas subbasin and Coyote Valley subarea are sufficient to meet the demands of the Project over the next 23 years. Under the single dry year or consecutive dry year scenario, water shortages are anticipated and short-term water use reductions would be needed pursuant to the City’s 2020 UWMP. This supply shortage during single dry and consecutive dry years was a condition present in the City’s 2020 UWMP and is not caused by the residential growth planned in the 2023-2031 Housing Element specifically. Consistent with the findings in the Morgan Hill 2035 FEIR, with adherence to applicable state and local and the prescribed water conservation policies and actions of the General Plan, in combination with the short-term water use reductions outlined in the City’s 2020 UWMP, the Housing Element Update would result in a less than significant impact to water supplies. [Same Impact as Approved Project (Less than Significant Impact)]
Impact UTL-3: The project would not result in a determination by the wastewater treatment provider which serves or may serve the project that it does not have adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments. [Same Impact as Approved Project (Less than Significant Impact)]
The Morgan Hill 2035 FEIR concluded that buildout of the General Plan would require expansion of the SCRWA WWTP. As discussed above in Section 4.19.1.2 Existing Conditions, the SCRWA is currently undergoing a WWTP Facility Expansion Project that will expand the existing WWTP capacity from 8.5 mgd to 11 mgd. The project is estimated for completion by 2024. Project-level CEQA review for the project was completed by SCRWA in August 2020.105 The Morgan Hill 2035 FEIR concluded that once the treatment plant expansion was complete, wastewater generated by the buildout of the General Plan (including the Housing Element Update) would not exceed the expanded permitted treatment capacity of the SCRWA facility. Future development under the Housing Element Update would be consistent with the buildout projections of the General Plan. 103 The analysis in the Morgan Hill 2035 FEIR was based on the City’s 2010 UWMP. 104 Note that the WSA evaluated additional units beyond what are proposed in the Housing Element Update. The number of units and pipeline parcels were reduced after the completion of the WSA. 105 South County Regional Wastewater Authority. South County Regional Wastewater Authority Wastewater Treatment Plant Facility Expansion Project. Initial Study/Mitigated Negative Declaration. SCH 2020080467. August 2020.

2023-2031 Housing Element Update 172 Initial Study/Addendum City of Morgan Hill October 2022
Since the Housing Element Update t is consistent with the land use assumptions of the General Plan and the Morgan Hill 2035 FEIR concluded that implementation of the General Plan would result in a less than significant impact related to wastewater treatment, the Housing Element Update would not result in new or greater impacts than those disclosed in the Morgan Hill 2035 FEIR. [Same Impact as Approved Project (Less than Significant Impact)]
Impact UTL-4: The project would not generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. [Same Impact as Approved Project (Less than Significant Impact)]
The Morgan Hill 2035 FEIR concluded that implementation of the General Plan would generate 262,129 pounds per day, or 131 tons per day of solid waste.106 The FEIR determined that the incremental solid waste generated by buildout under the General Plan is less than three percent of the City’s combined daily capacity.107 As such, buildout of the General Plan would have a less-thansignificant impact with regard to daily capacity at the landfill facilities. Since the Housing Element Update is consistent with the land use assumptions of the General Plan and the Morgan Hill 2035 FEIR concluded that implementation of the General Plan would result in a less than significant impact related to solid waste reduction goals, the Housing Element Update would not result in new or greater impacts than those disclosed in the Morgan Hill 2035 FEIR. [Same Impact as Approved Project (Less than Significant Impact)]
Impact UTL-5: The project would not be noncompliant with federal, state, or local management and reduction statutes and regulations related to solid waste. [Same Impact as Approved Project (Less than Significant Impact)] The Morgan Hill 2035 FEIR concluded that buildout of the General Plan (including the Housing Element Update) would not impede the ability of the City to comply with applicable federal, State, and local statutes and regulations related to solid waste. The General Plan includes policies and actions (Policies SSI-17.1 through Action SSI-17.C) that promote recycling and conservation, which help to ensure adequate waste collection and disposal facilities are available in Morgan Hill. Since the Housing Element Update is consistent with the land use assumptions and buildout projections of the General Plan, the Housing Element Update would be consistent with the findings of the Morgan Hill 2035 FEIR. [Same Impact as Approved Project (Less than Significant Impact)] 106 City of Morgan Hill. Morgan Hill 2035 DEIR. Page 4.15-43. January 2016. 107 Ibid.

2023-2031 Housing Element Update 173 Initial Study/Addendum City of Morgan Hill October 2022

WILDFIRE

4.20.1 Environmental Setting
Regulatory Framework
State
Fire Hazard Severity Zones
CAL FIRE is required by law to map areas of significant fire hazards based on fuels, terrain, weather, and other relevant factors. Referred to as Fire Hazard Severity Zones (FHSZs), these maps influence how people construct buildings and protect property to reduce risk associated with wildland fires.

FHSZs are divided into areas where the state has financial responsibility for wildland fire protection, known as state responsibility areas (SRAs), and areas where local governments have financial responsibility for wildland fire protection, known as local responsibility areas (LRAs). Homeowners living in an SRA are responsible for ensuring that their property is in compliance with California’s building and fire codes. Only lands zoned for very high fire hazard are identified within LRAs.

California Fire Code Chapter 47
Chapter 47 of the California Fire Code sets requirements for wildland-urban interface fire areas that increase the ability of buildings to resist the intrusion of flame or burning embers being projected by a vegetation fire, in addition to systematically reducing conflagration losses through the use of performance and prescriptive requirements.

California Public Resources Code Section 4442 through 4431 The California Public Resources Code includes fire safety regulations that restrict the use of equipment that may produce a spark, flame, or fire; require the use of spark arrestors on construction equipment that uses an internal combustion engine; specify requirements for the safe use of gasolinepowered tools on forest-covered land, brush-covered land, or grass-covered land; and specify fire suppression equipment that must be provided onsite for various types of work in fire-prone areas.

These regulations include the following:
• Earthmoving and portable equipment with internal combustion engines would be equipped with a spark arrestor to reduce the potential for igniting a wildland fire (Public Resources Code Section 4442);
• Appropriate fire suppression equipment would be maintained during the highest fire danger period, from April 1 to December 1 (Public Resources Code Section 4428); • On days when a burning permit is required, flammable materials would be removed to a distance of 10 feet from any equipment that could produce a spark, fire, or flame, and the construction contractor would maintain appropriate fire suppression equipment (Public Resources Code Section 4427); and
• On days when a burning permit is required, portable tools powered by gasoline-fueled internal combustion engines would not be used within 25 feet of any flammable materials (Public Resources Code Section 4431).

2023-2031 Housing Element Update 174 Initial Study/Addendum City of Morgan Hill October 2022
California Code of Regulations Title 14
The California Board of Forestry and Fire Protection has adopted regulations, known as SRA Fire Safe Regulations, which apply basic wildland fire protection standards for building, construction, and development occurring in a SRA. The future design and construction of structures, subdivisions and developments in SRAs are required to provide for the basic emergency access and perimeter wildfire protection measures discussed in Title 14.

Fire Management Plans
CAL FIRE has developed an individual Unit Fire Management Plan for each of its 21 units and six contract counties. CAL FIRE has developed a strategic fire management plan for the SCU Unit, which covers the Housing Element Update area and addresses citizen and firefighter safety, watersheds and water, timber, wildlife and habitat (including rare and endangered species), unique areas (scenic, cultural, and historic), recreation, range, structures, and air quality. The plan includes stakeholder contributions and priorities and identifies strategic areas for pre-fire planning and fuel treatment as defined by the people who live and work with the local fire issues.

Local
Morgan Hill 2035 General Plan
The Morgan Hill 2035 General Plan includes goals, policies, and actions to avoid significant impacts due to wildfire impacts. The following policies are applicable to the Housing Element Update.

Morgan Hill 2035 General Plan Policies: Wildfire Hazards Policy Description
SSI-3-1 Development in Fire Hazard Areas. Minimize development in fire hazard areas and plan and construct permitted development so as to reduce exposure to fire hazards and to facilitate fire suppression efforts in the event of a wildfire.

SSI-3-2 Wildfire Risks. Avoid actions which increase fire risk, such as increasing public access roads in fire hazard areas, because of the great environmental damage and economic loss associated with a large wildfire.

SSI-3-3 Public Facilities Location. Locate, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identify construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone.

SSI-3-4 Adequate Infrastructure. Design adequate infrastructure if a new development is located in a state responsibility area (SRA) or in a very high fire hazard severity zone (VHFHSZ) or high fire hazard severity zone (HFHSZ) as indicated on the City of Morgan Hill Wildland Urban Interface map (adopted March 18, 2009), including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.

SSI-3-5 Fire Risks. Work cooperatively with CAL FIRE and other public agencies with responsibility for fire protection to reduce fire risks in Morgan Hill.

2023-2031 Housing Element Update 175 Initial Study/Addendum City of Morgan Hill October 2022
Morgan Hill 2035 General Plan Policies: Wildfire Hazards Policy Description
SSI-3-6 Fire Hazard Severity Zones. Continue to support special High Risk Fire Hazard Severity Zones requirements.

SSI-12.4 Maintenance of Emergency Access Routes. Require that emergency access routes be kept free of traffic impediments.

SSI-12.5 Emergency Response Plan. Maintain comprehensive Emergency Response Plans.

SSI-12.6 Accessibility. Continue restricting development in areas of poor accessibility. Discourage Development should not be allowed in areas where access is provided by a single road that could be damaged by faulting or landslides, or where access could be cut off by wildfires, trapping residents or workers. (SCJAP 15.07) [Policy PHS-4d] SSI-12.A Emergency Access. Where appropriate, allow development in areas where a second improved access road has been provided for emergency escape. (SCJAP 15.07) [Action PHS-2.8]
City of Morgan Hill Municipal Code
Section 15.44.190 of the Municipal Code provides requirements and guidance for the development of structures within a Wildland-Urban Interface Area, including the preparation of a Fire Protection Plan to be reviewed and approved by the City.

The [Fire Protection] plan shall be based upon a site-specific wildfire risk assessment that includes considerations of location, topography, aspect, flammable vegetation, climatic conditions and fire history. The plan shall address water supply, access, building ignition and fire-resistance factors, fire protection systems and equipment, defensible space and vegetation management, evacuation routes, peak load water supply requirements, and minimum road widths, as those items relate to identified fire hazards.

Existing Conditions
Morgan Hill’s Fire Hazard Severity Zones range from Moderate to High.108 These zones are primarily located in hillside areas. According to CAL FIRE, two of the Housing Element Update sites (Site 16 and 19) are located in a Very High Fire Hazard Severity Zone.109 108 City of Morgan Hill. Morgan Hill 2035 DEIR. Figure 4.8-2. January 2016. 109 CAL FIRE. “FHSZ Viewer.” Accessed April 19, 2022. https://egis.fire.ca.gov/FHSZ/

2023-2031 Housing Element Update 176 Initial Study/Addendum City of Morgan Hill October 2022

4.20.2 Impact Discussion
New
Potentially
Significant
Impact
New Less
than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same Impact
as Approved
Project
Less
Impact than
Approved
Project
If located in or near state responsibility areas
or lands classified as very high fire hazard
severity zones, Would the project:
a) Substantially impair an adopted
emergency response plan or emergency
evacuation plan?
b) Due to slope, prevailing winds, and
other factors, exacerbate wildfire risks,
and thereby expose project occupants to
pollutant concentrations from a wildfire
or the uncontrolled spread of a wildfire?
c) Require the installation or maintenance
of associated infrastructure (such as
roads, fuel breaks, emergency water
sources, power lines, or other utilities)
that may exacerbate fire risk or that may
result in temporary or ongoing impacts
to the environment?
d) Expose people or structures to
significant risks, including downslope or
downstream flooding or landslides, as a
result of runoff, post-fire slope
instability, or drainage changes?
Morgan Hill 2035 Final EIR – Wildfire Conclusions
The Morgan Hill 2035 FEIR concluded that implementation of the General Plan would have less than significant wildfire impacts. As discussed in Section 4.20.1.2 Existing Conditions, two of the Housing Element Update project locations (Location 16 and 19) are located in a Very High Fire Hazard Severity Zone.110 Consistent with the Morgan Hill Municipal Code (Section 15.44.190), future development in Wildland-Urban Interface areas111 would require preparation of a site-specific Fire Protection Plan. The plan shall address water supply, access, building ignition and fire-resistance factors, fire protection systems and equipment, defensible space and vegetation management, evacuation routes, peak load water supply requirements, and minimum road widths, as those items relate to identified fire hazards. Compliance with applicable federal, state, local laws and regulations, combined with General Plan policies and strategies, would ensure that impacts from wildfire hazards would be less than significant. [Same Impact as Approved Project (Less than Significant Impact)]
110 CAL FIRE. FHSZ Viewer. Accessed April 19, 2022. https://egis.fire.ca.gov/FHSZ/ 111 Wildland-Urban Interface Fire Area is a geographical area identified by the state as a "Fire Hazard Severity Zone" in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, or other areas designated by the City to be at a significant risk from wildfires.

2023-2031 Housing Element Update 177 Initial Study/Addendum City of Morgan Hill October 2022
SECTION 5.0 REFERENCES
The analysis in this Initial Study is based on the professional judgement and expertise of the environmental specialists preparing this document, based upon review of the site, surrounding conditions, site plans, and the following references:

Association of Bay Area Governments and Metropolitan Transportation Commission. Plan Bay Area 2050. October 21, 2021. Page 20.

Bay Area Air Quality Management District (BAAQMD). CEQA Thresholds and Guidelines Update.

Accessed May 27, 2022. Available at: https://www.baaqmd.gov/plans-and-climate/californiaenvironmental-quality-act-ceqa/updated-ceqa-guidelines _____. CEQA Thresholds for Evaluating the Significance of Climate Impacts. April 2022. Accessed May 27, 2022. Available at: https://www.baaqmd.gov/~/media/files/planning-andresearch/ceqa/ceqa-thresholds-2022/justification-report-pdf.pdf?la=en _____. Final 2017 Clean Air Plan. April 19, 2017. http://www.baaqmd.gov/plans-and-climate/airquality-plans/current-plans.

California Department of Forestry and Fire Protection (CAL FIRE). “FHSZ Viewer”. Accessed April 19, 2022. https://egis.fire.ca.gov/FHSZ/
California Air Resources Board (CARB). “Overview: Diesel Exhaust and Health.” Accessed May 25, 2022. https://ww2.arb.ca.gov/resources/overview-diesel-exhaust-and-health. _____. “The Advanced Clean Cars Program.” Accessed June 17,2022. https://ww2.arb.ca.gov/ourwork/programs/advanced-clean-cars-program

California Building Standards Commission. “California Building Standards Code.” Accessed June 17, 2022. https://www.dgs.ca.gov/BSC/Codes#@ViewBag.JumpTo.

California Department of Conservation. “Earthquake Zones of Required Investigation”. Accessed June 6, 2022. Available at: https://maps.conservation.ca.gov/cgs/EQZApp/app/ _____. “Farmland Mapping and Monitoring Program.” Accessed April 19, 2022. http://www.conservation.ca.gov/dlrp/fmmp/Pages/Index.aspx. _____. “Williamson Act.” http://www.conservation.ca.gov/dlrp/lca. _____. California Important Farmland Finder. Accessed April 19, 2022. https://maps.conservation.ca.gov/dlrp/ciff/
_____. Guidelines for Classification and Designation of Mineral Lands. N.d.

California Department of Finance. Population and Housing Estimates for Cities, Counties, and the State, 2021-2022 with 2020 Census Benchmark. Site accessed July 11, 2022. https://dof.ca.gov/forecasting/demographics/estimates/e-5-population-and-housing-estimatesfor-cities-counties-and-the-state-2020-2022/

2023-2031 Housing Element Update 178 Initial Study/Addendum City of Morgan Hill October 2022
California Department of Forestry and Fire Protection. “Fire and Resource Assessment Program.” Accessed April 19, 2022. http://frap.fire.ca.gov/.

California Department of Housing and Community Development. “Regional Housing Needs Allocation and Housing Elements” Accessed June 20, 2022. http://hcd.ca.gov/communitydevelopment/housing-element/index.shtml.

California Department of Tax and Fee Administration. “Net Taxable Gasoline Gallons.” Accessed May 13, 2022. https://www.cdtfa.ca.gov/taxes-and-fees/spftrpts.htm.

California Department of Transportation. “Scenic Highways.” Accessed April 19, 2022. https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lapliv-i-scenic-highways.

California Emergency Management Agency. “California Official Tsunami Inundation Map.” Accessed September 16, 2021. https://www.conservation.ca.gov/cgs/tsunami/maps California Energy Commission (CEC). “2019 Building Energy Efficiency Standards.” Accessed June 17, 2022. https://www.energy.ca.gov/programs-and-topics/programs/building-energyefficiency-standards/2019-building-energy-efficiency. _____. “Natural Gas Consumption by County.” Accessed May 13, 2022. Available at:
http://ecdms.energy.ca.gov/gasbycounty.aspx.

California Energy Commission. Energy Consumption Data Management System. “Electricity Consumption by County.” Accessed May 13, 2022.
http://ecdms.energy.ca.gov/elecbycounty.aspx.

California Environmental Protection Agency (CalEPA). “Cortese List Data Resources.” Accessed April 19, 2022. https://calepa.ca.gov/sitecleanup/corteselist/.

California Gas and Electric Utilities. 2020 California Gas Report. Accessed May 13, 2021. Available at: https://www.socalgas.com/sites/default/files/2020-
10/2020_California_Gas_Report_Joint_Utility_Biennial_Comprehensive_Filing.pdf California Office of Historic Preservation. “CEQA Guidelines Section 15064.5(a)(3) and California Office of Historic Preservation Technical Assistance Series #6.” Accessed June 9, 2022. http://www.ohp.parks.ca.gov/pages/1069/files/technical%20assistance%20bulletin%206%20 2011%20update.pdf.

California Regional Water Quality Control Board San Francisco Region. Municipal Regional Stormwater NPDES Permit, Order No. R2-2022-0018, NPDES Permit No. CAS612008. May 11, 2022
CalRecycle. SWIS Facility Detail: Johnson Canyon Sanitary Landfill (27-AA-0005). Accessed July 12, 2019. https://www2.calrecycle.ca.gov/swfacilities/Directory/27-AA-0005.

2023-2031 Housing Element Update 179 Initial Study/Addendum City of Morgan Hill October 2022
City of Gilroy, City of Morgan Hill, and County of Santa Clara. Stormwater Management Guidance Manual for Low Impact Development & Post-Construction Requirements. June 2015.

City of Gilroy. “South County Regional Wastewater Authority (SCRWA).” Accessed April 23, 2021. http://www.ci.gilroy.ca.us/561/South-County-Regional-Wastewater-Authori City of Morgan Hill. Morgan Hill 2035 DEIR. Figure 4.2-1. January 2016. _____. Morgan Hill 2035 DEIR. Figure 4.2-1. January 2016 _____. Morgan Hill 2035 DEIR. Figure 4.2-3. January 2016 _____. Morgan Hill 2035 DEIR. Figure 4.8-2. January 2016. _____. Morgan Hill 2035 DEIR. Page 4.2-11. January 2016. _____. Morgan Hill 2035 DEIR. Page 4.3-17. January 13, 2016. _____. Morgan Hill 2035 DEIR. Page 4.4-12. January 2016. _____. Morgan Hill 2035 DEIR. Pages 4.4-10-4.4-11. January 2016. _____. Morgan Hill 2035 DEIR. Page 4.5-17. January 2016. _____. Morgan Hill 2035 DEIR. Pages 4.9-16 and 4.9-17. January 2016. _____. Morgan Hill 2035 DEIR. Page 4.15-43. January 2016. _____. Morgan Hill 2035 DEIR. Page 7-1. January 2016.
_____. Morgan Hill 2035 DEIR. Table 3-2. January 2016.
_____. Morgan Hill 2035 DEIR. Table 4.5-1. January 2016. _____. Morgan Hill 2035 EIR. Table 4.11-5. January 2016. _____. Morgan Hill 2021 Climate Action Plan. December 15, 2021. https://www.morganhill.ca.gov/DocumentCenter/View/40166/Climate-Action-Plan-Draft-December-9-2021- ?bidId=
_____. “Fire”. Accessed May 31, 2022. Available at: https://www.morgan-hill.ca.gov/445/Fire _____. 2018 Storm Drainage System Master Plan. September 2018. _____. 2020 Urban Water Management Plan. October 2021. Page 7-4. _____. City Council Staff Report 2163. February 6, 2019. _____. City Council State Report 2163: Accept Report Regarding Wastewater System Needs and Rate Study Schedule. May 18, 2019.
_____. City of Morgan Hill Fiscal Years 2020-2021 and 2021-2022 Operating and CIP Budget.

April 17, 2020. Accessed May 31, 2022. Available at: https://user-ddhj25y.cld.bz/City-of-MorganHill-Fiscal-Years-2020-2022-Recommended-Operating-and-CIP-Budgets/14/. _____. City of Morgan Hill Housing Element 2023-2031. Appendix H1. Housing Needs Assessment. _____. Morgan Hill wishes Police Chief David Swing well in his new role”. March 11, 2020.

Accessed May 31, 2022. Available at: http://www.morganhill.ca.gov/CivicAlerts.aspx?AID=1553&ARC=3154. _____. Municipal Code Chapter 18.60 – Historic Resources. _____. Sewer System Management Plan. Page 53. February 2018.

2023-2031 Housing Element Update 180 Initial Study/Addendum City of Morgan Hill October 2022
_____. Sewer System Master Plan. October 2017.

County of Santa Clara – Department of Planning and Development. Historic Context Statement.

December 2004. Revised February 2012.

County of Santa Clara. SCCMap. Accessed June 6, 2022. Available at:
https://ges.sccgov.org/discovergis/sccmap
_____. Williamson Act Properties. Accessed July 16, 2022. https://sccplanning.maps.arcgis.com/apps/webappviewer/index.html?id=1f39e32b4c0644b09 15354c3e59778ce
Department of Toxic Substances Control. “EnviroStor for the City of Morgan Hill”. Accessed June 2, 2022. Available at: https://www.envirostor.dtsc.ca.gov/public/ Federal Transit Administration. Transit Noise and Vibration Assessment Manual. September 2018.

Metropolitan Transportation Commission/Association of Bay Area Governments. Hazard Viewer Map. Accessed June 6, 2022. Available at:
https://www.arcgis.com/apps/webappviewer/index.html?id=4a6f3f1259df42eab29b35dfcd08 6fc8
_____. Priority Development Areas (Plan Bay Area 2050). Accessed June 19, 2022. https://opendata.mtc.ca.gov/datasets/priority-development-areas-plan-bay-area2050/explore?location=37.117102%2C-121.671554%2C13.93 Morgan Hill Unified School District (MHUSD). “About”. Accessed May 31, 2021. Available at:
https://www.mhusd.org/about
Office of Planning and Research. “CEQA Review of Housing Projects Technical Advisory.” Accessed April 19, 2022. https://opr.ca.gov/docs/20190208-TechAdvisoryReview_of_Housing_Exemptions.pdf.

Public Law 110–140—December 19, 2007. Energy Independence & Security Act of 2007. Accessed May 13, 2022. Available at: http://www.gpo.gov/fdsys/pkg/PLAW-110publ140/pdf/PLAW110publ140.pdf.

Santa Clara County Airport Land Use Commission. Comprehensive Land Use Plan Santa Clara County San Martin Airport. Figure 5. Accessed June 6, 2022. Available at:
https://stgenpln.blob.core.windows.net/document/ALUC_E16_CLUP.pdf Santa Clara Valley Water District. US Bureau of Reclamation WaterSMART Title XVI Water Reclamation and Reuse Program Funding FY 2017, FOA BOR-DO-17-F002. South Santa Clara County Recycled Water Project (Phases 1B and 2A). December 15, 2016. Accessed April 19, 2021.
https://www.usbr.gov/watersmart/title/docs/applications/authorized/2017/F002- 007santaclara.pdf

2023-2031 Housing Element Update 181 Initial Study/Addendum City of Morgan Hill October 2022
Silicon Valley Clean Energy. “Clean Energy Choices”. Accessed May 27, 2022. Available at:
https://www.svcleanenergy.org/choices/
South County Regional Wastewater Authority. South County Regional Wastewater Authority Wastewater Treatment Plant Facility Expansion Project. Initial Study/Mitigated Negative Declaration. SCH 2020080467. August 2020.

State Water Resources Control Board.. “GeoTracker for the City of Morgan Hill”. Accessed June 2, 2022. Available at: https://geotracker.waterboards.ca.gov/ U.S. Census Bureau. “QuickFacts Morgan Hill city, California”. Accessed May 18, 2022. https://www.census.gov/quickfacts/fact/table/morganhillcitycalifornia,sanbrunocitycalifornia/POP01 0210
United States Department of Energy. Energy Independence & Security Act of 2007. Accessed May 13, 2022. Available at: http://www.afdc.energy.gov/laws/eisa.

United States Department of the Interior. “Memorandum M-37050. The Migratory Bird Treaty Act Does Not Prohibit Incidental Take.” Accessed April 19, 2022. https://www.doi.gov/sites/doi.gov/files/uploads/m-37050.pdf.

United States Energy Information Administration. “California State Energy Profile.” Last Updated March 17, 2022. Accessed May 27, 2022. Available at: https://www.eia.gov/state/?sid=CA#tabs-3 United States Environmental Protection Agency (EPA). “Summary of the Resource Conservation and Recovery Act.” Accessed May 11, 2020. https://www.epa.gov/laws-regulations/summaryresource-conservation-and-recovery-act. _____. “Superfund: CERCLA Overview.” Accessed April 19, 2022. https://www.epa.gov/superfund/superfund-cercla-overview. _____. “The 2021 EPA Automotive Trends Report: Greenhouse Gas Emissions, Fuel Economy, and Technology since 1975.” November 2021. Accessed May 13, 2022. Available at:
https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P1013L1O.pdf.

Valley Water. 2021 Groundwater Management Plan, Santa Clara and Llagas Subbasins. November 2021.

2023-2031 Housing Element Update 182 Initial Study/Addendum City of Morgan Hill October 2022
SECTION 6.0 LEAD AGENCY AND CONSULTANTS

LEAD AGENCY
City of Morgan Hill
Development Services Department
Jennifer Carman, Development Services Director
Adam Paszkowski, Principal Planner

CONSULTANTS
David J. Powers & Associates, Inc.

Environmental Consultants and Planners
Akoni Danielsen, Principal Project Manager
Natalie Noyes, Senior Project Manager
Mimi McNamara, Associate Project Manager

2023-2031 Housing Element Update 183 Initial Study/Addendum City of Morgan Hill October 2022
SECTION 7.0 ACRONYMS AND ABBREVIATIONS
2017 CAP 2017 Clean Air Plan
AB Assembly Bill
ABAG Association of Bay Area Governments
ACM Asbestos-Containing Material
ALUC Airport Land Use Commission
AMI Area Median Income
APN Assessor’s Parcel Number
ATCM Air Toxics Control Measure
BAAQMD Bay Area Air Quality Management District
Bay Area San Francisco Bay Area
BMP Best Management Practices
Btu British Thermal Unit
CAAQS California Ambient Air Quality Standard
CAL FIRE California Department of Forestry and Fire Protection Cal/OSHA
California Department of Industrial Relations, Division of Occupational Safety and Health
CalARP California Accidental Release Prevention
CalEPA California Environmental Protection Agency
CALGreen California Green Building Standards
Caltrans California Department of Transportation
CARB California Air Resources Board
CBC California Building Standards Code
CDFW California Department of Fish and Wildlife
CEC California Energy Commission
CEQA California Environmental Quality Act
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CFC Chlorofluorocarbon
CFR Code of Federal Regulations
CGS California Geological Survey
CH4 Methane
CLUP Comprehensive Land Use Plan
CNEL Community Noise Equivalent Level

2023-2031 Housing Element Update 184 Initial Study/Addendum City of Morgan Hill October 2022
CO Carbon Monoxide
CO2 Carbon Dioxide
CO2e Carbon Dioxide Equivalents
CRHR California Register of Historical Resources
CUPA Certified Unified Program Agency
dBA A-weighted decibel
DNL Day/Night Average Sound Level
DPM Diesel Particulate Matter
DTSC Department of Toxic Substances Control
EO Executive Order
EPA Environmental Protection Agency
ESA Environmental Site Assessment
FAA Federal Aviation Administration
FEIR Final Environmental Impact Report
FHSZ Fire Hazard Severity Zone
FMMP Farmland Mapping and Monitoring Program
General Plan 2035 2035 General Plan City of Morgan Hill GHG Greenhouse Gases
GWh Gigawatt Hour
GWP Global Warming Potential
Habitat Plan Santa Clara Valley Habitat Plan
HCD California Department of Housing and Community Development HHC Historical Heritage Commission
HSWA Hazardous and Solid Waste Amendments
IP Industrial Park
Leq Energy-Equivalent Sound/Noise Descriptor
Lmax Maximum A-weighted noise level during a measurement period LOS Level of Service
LRA Local Responsibility Area
MBTA Migratory Bird Treaty Act
MHUSD Morgan Hill Unified School District
MMI Modified Mercalli Intensity
MMTCO2e Million Metric Tons of Carbon Dioxide Equivalent

2023-2031 Housing Element Update 185 Initial Study/Addendum City of Morgan Hill October 2022
MND Mitigated Negative Declaration
mpg Miles per Gallon
MSL Mean Sea Level
MTC Metropolitan Transportation Commission
N2O Nitrous Oxide
NAAQS National Ambient Air Quality Standard
NAHC Native American Heritage Commission
NCP National Contingency Plan
NESHAP National Emission Standards for Hazardous Air Pollutants NHPA National Historic Preservation Act of 1966
NO2 Nitrogen Dioxide
NOA Notice of Availability
NOD Notice of Determination
NOD Notice of Determination
NOx Nitrogen Oxides
NPDES National Pollutant Discharge Elimination System
NRHP National Register of Historic Places
O3 Ozone
PCB Polychlorinated Biphenyls
PDA Priority Development Areas
PG&E Pacific Gas and Electric Company
PM Particulate Matter
PM10 Particulate matter with a diameter of 10 microns or less PM2.5 Particulate matter with a diameter of 2.5 microns or less PPV Peak Particle Velocity
Preservation Program Agricultural Lands Preservation Program RCRA Resource Conservation and Recovery Act
RDCS Residential Development Control System
RHNA Regional Housing Needs Allocation
ROG Reactive Organic Gases
RTP Regional Transportation Plan
RWQCB Regional Water Quality Control Board
SB Senate Bill

2023-2031 Housing Element Update 186 Initial Study/Addendum City of Morgan Hill October 2022
SB State Bill
SCCDEH Santa Clara County Department of Environment Health SCS Sustainable Communities Strategy
SF6 Sulfur Hexafluoride
SHMA Seismic Hazards Mapping Act
SMARA Surface Mining and Reclamation Act
SMGB State Mining and Geology Board
SMP Site Management Plan
SOx Sulfur Oxides
SRA State Responsibility Area
SVCE Silicon Valley Clean Energy
SWPPP Storm Water Pollution Prevention Plan
SWRCB State Water Resources Control Board
TAC Toxic Air Contaminants
Title 24 Title 24, Part 6 of the California Code of Regulations TSCA Toxic Substances Control Act
UGB Urban Growth Boundary
USACE United States Army Corps of Engineers
USFWS United States Fish and Wildlife Service
UWMP Urban Water Management Plan
Valley Water Santa Clara Valley Water District
VMT Vehicle Miles Traveled
VTA Santa Clara Valley Transportation Authority
WAS Water Supply Assessment
Williamson Act California Land Conservation Act
WUI Wildland-Urban Interface

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City of Morgan Hill
Water Supply Assessment
For 2023-2031 Housing Element Update
Table of Contents Page No.

1.0 PROJECT BACKGROUND........................................................................................1

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

1.2 Relevant Reports .............................................................................................2

1.3 Proposed Development Description................................................................. 3

1.4 Opportunity Sites .............................................................................................8

1.5 Proposed Project Phasing ...............................................................................9

2.0 PROJECTED WATER DEMANDS.............................................................................9

2.1 Water Use Demand Factors.............................................................................9

2.2 Proposed Project Water Demand Projections ................................................11

3.0 PROJECTED WATER SUPPLY ..............................................................................16

3.1 Groundwater Basin ........................................................................................16

3.2 Water Rights..................................................................................................16

3.3 Water Supply Reliability .................................................................................16

3.3.1 Groundwater Supply Facilities ........................................................ 16

3.3.2 Subbasins Sustainable Yield .......................................................... 17

4.0 SUPPLY SUFFICIENCY ANALYSIS........................................................................18

5.0 SUMMARY AND CONCLUSIONS...........................................................................26

5.1 Land Use .......................................................................................................26

5.2 Water Demands.............................................................................................26

5.3 Water Supply ................................................................................................. 27

5.4 Water Supply Sufficiency ...............................................................................27

5.5 Conclusions ...................................................................................................27

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City of Morgan Hill
Water Supply Assessment
For 2023-2031 Housing Element Update
Tables Page No.

Table 1 Proposed Housing Projects.................................................................................... 6 Table 2 Average Day Demand Factors ..............................................................................10 Table 3 Future Housing Development and Projected Water Demand ................................14 Table 4 Comparison of Future Water Demand Projections ................................................15 Table 5.A Normal Year Supply and Demand Comparison (Llagas Subbasin) ....................20 Table 5.B Normal Year Supply and Demand Comparison (Coyote Subarea).....................21 Table 6.A Single Dry Year Supply and Demand Comparison (Llagas Subbasin) ...............22 Table 6.B Single Dry Year Supply and Demand Comparison (Coyote Subarea)................23 Table 7.A Multiple Dry Year Supply and Demand Comparison (Llagas Subbasin).............24 Table 7.B Multiple Dry Year Supply and Demand Comparison (Coyote Subarea)..............25 Figures
Figure 1 Groundwater Subbasins........................................................................................ 4 Figure 2 Housing Element Opportunity Sites....................................................................... 5 Figure 3 Planning Horizons Comparison............................................................................13 Appendices
APPENDIX A - Final Morgan Hill HE Opportunity Sites
APPENDIX B - Water Shortage Levels
APPENDIX C - Shortage Response Actions

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City of Morgan Hill

WATER SUPPLY ASSESSMENT
FOR 2023-2031 HOUSING ELEMENT UPDATE

1.0 PROJECT BACKGROUND

1.1 Purpose
Law
This Water Supply Assessment (WSA) report is intended to satisfy the requirements of Senate Bill (SB) 610, which was adopted by the California State Legislature to address some of the uncertainties in the water supply and gain a more detailed understanding of the water availability for different projects. The study area of this WSA consists of the proposed housing development (Project) within the City of Morgan Hill’s (City) Sphere of Influence (SOI) Area from 2023 to 2031.

This WSA assesses the water supply sufficiency to the projected water demands by evaluating the impact of this Project’s water demands on the water supplies through a 20-year horizon, as stipulated in the SB 610 requirements.

Pursuant to California Water Code Division 6, Part 2.10, Sections 10910-10915, any city or county, which has proposed larger developments or land use plans that are subject to California Environmental Quality Act (CEQA), is required to prepare Water Supply Assessment (WSA) to document potential environmental impacts of the projects.

The report includes a discussion of this Project’s water supply requirements and potential impact on the City’s supply availability. This report references multiple land use planning and groundwater supply documents, including the City of Morgan Hill 2020 Urban Water Management Plan (2020 UWMP), the City of Morgan Hill 2021 Water System Master Plan (2021 WSMP), the 10912 (b) …If a public water system has fewer than 5,000 service connections, then “project” means any proposed residential, business, commercial, hotel or motel, or industrial development that would account for an increase of 10 percent or more in the number of the public water system’s existing service connections, or a mixed-use project that would demand an amount of water equivalent to, or greater than, the amount of water required by residential development that would represent an increase of 10 percent or more in the number of the public water system’s existing service connections.

SB 610 (2) …The bill would require the assessment to include, among other information, an identification of existing water supply entitlements, water rights, or water service contracts relevant to the identified water supply for the proposed project and water received in prior years pursuant to those entitlements, rights, and contracts. The bill would require the city or county, if it is not able to identify any public water system that may supply water for the project, to prepare the water supply assessment after a prescribed consultation.

April 2022 2 WSA for 2023-2031 Housing Element Update
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City of Morgan Hill 2035 General Plan (2035 GP), the Valley Water 2020 Regional Urban Water Master Plan (2020 RUWMP), and the Valley Water 2021 Groundwater Management Plan Draft (2021 GMP).

1.2 Relevant Reports
Several reports provide detailed information and factual data related to this analysis. Exhibits from these reports were included in the appendices for ease of reference. • City of Morgan Hill Water System Master Plan, December 2021 (2021 WSMP). The City’s 2021 Water System Master Plan presents historical and projected water demands, identifies existing and future water system capacity deficiencies, recommends projects to correct these deficiencies, and identifies major water facilities for servicing future developments.
• City of Morgan Hill Urban Water Management Plan, October 2021 (2020 UWMP). The 2020 Urban Water Management Plan (UWMP) establishes a benchmark per capita water usage and targets in order to achieve higher levels of water conservation for the sustainability of water supply sources. This includes adopting an updated water shortage contingency plan, defining supply sources, addressing supply reliability, and projecting sustainable supply yields and future demands.
• City of Morgan Hill 2035 General Plan, July 2016 (2035 GP). The City’s 2035 General Plan provides future land use planning and growth assumptions for the planning areas.

California State law requires that the Housing Element must be consistent and compatible with other elements included in the General Plan.
• City of Morgan Hill Housing Element Update 2015-2023, February 2015 (2015 HE).

This Housing Element expands and includes comprehensive statements of housing needs and goals of the City. This Update focused on the 2015 - 2023 planning period, identified the potential housing needs for different groups, and provided an adequate supply of housing to meet the projected needs.
• Final Morgan Hill Housing Element Opportunity Sites from 2023 to 2031, January 2022 (2023 HE Sites). The City is in the process of updating the Housing Element for the planning period of 2023 - 2031. Based on the City’s past Housing Element, this HE Update documents the planned future land use within the City limits during the 2023 - 2031 time window. The proposed housing development is used to estimate future water demands. • Valley Water 2021 Groundwater Management Plan Draft, October 2021 (2021 GWMP Draft). This Groundwater Management Plan, prepared by the Santa Clara Valley Water District (Valley Water), fulfills the requirements of the 2014 California Sustainable Groundwater Management Act (SGMA) for the Santa Clara and Llagas subbasins. This GWMP establishes local sustainable management criteria and identifies projects intended

April 2022 3 WSA for 2023-2031 Housing Element Update
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to achieve sustainability throughout the basin by the year 2045. This report is still in the process of being completed and draft chapters were used as available. • Valley Water 2020 Regional Urban Water Management Plan, June 2021 (2020 RUWMP). Valley Water’s 2020 UWMP documents current and projected water supplies and demands over the next 25 years during normal and drought years, as well as water shortage contingency planning and conservation efforts. This RUWMP summarizes the boundaries and hydrogeological characteristics of the Santa Clara and Llagas Subbasins.

This report also includes information regarding historic trends in groundwater levels, storage, and quality. It also includes information regarding annual operations, sustainable groundwater management, and other system-wide water management. • South County Supply Document, August 2021. This document, provided by Valley Water staff on August 5, 2021, lists projected future water supplies for both the Coyote subarea and Llagas subbasin. It is the source of the projected available water supply every 5 years from 2025 to 2045.
• City of Morgan Hill Official Website. City of Morgan Hill operates its official website as one approach for public outreaching, maintains it regularly, and posts the latest city-wide progress. Therefore, information from the Development Projects section (Development Projects | City of Morgan Hill, CA - Official Website) is one of the sources to obtain information on proposed developments in this water supply assessment.

1.3 Proposed Development Description
The City is located in Santa Clara County and above two groundwater subbasins: the Llagas subbasin of the Gilroy-Hollister Groundwater Basin (Subbasin 3-003.01) and the Santa Clara subbasin of the Santa Clara Valley Groundwater Basin (Subbasin 2-009.02) (Figure 1). The Project includes 22 proposed housing developments within the City’s SOI, covering 6 types of residential land use and 2 types of mixed use: Residential Estate, Residential Detached Low, Residential Detached Medium, Residential Attached Low, Residential Attached Medium, Residential Attached High; Mixed Use and Mixed Use Flex. These developments are listed in Table 1 and depicted in Figure 2, and briefly described as follows:
• Residential Estate (RE): In the City’s 2035 GP, residential estate land use is defined as detached homes with a net density of up to 1 residential unit per acre. The 2023-2031 Housing Element Update includes 1 proposed residential estate development with 4 units on top of approximately 4.6 acres area on south of Llagas Road, along Rose Orchard Court. This development is consistent with the land use density documented in the City’s 2035 GP.

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Morgan Hill
£¤101
£¤101
UV152
UV152
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Anderson
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Coyote
Lake
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Reservoir
Calero
Reservoir
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UV85
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Almaden
Reservoir
UV87
Sources: Esri, USGS, NOAA
Figure 1
Groundwater Subbasins
File Path: P:\xGIS\GIS_Projects\Morgan_Hill\Water\220114-WSA\MH_Fig1_GroundWaterBasins_051321.mxd 012 0.5
Miles5
WSA for 2023 - 2031 Housing
Element Update
City of Morgan Hill
GIS
Legend
Groundwater Subbasins
DWR Subbasins
Santa Clara (2-9.02)
Llagas (3-3.01)
Hydrographic Units
Santa Clara Plain Recharge Area
Santa Clara Confined Area
Coyote Valley Recharge Area
Llagas Recharge Area
Llagas Confined Area
Bedrock
Approximate Extent of Confined Area
Updated: May 13, 2021

Tennant
Maple
Middle
San
Martin
Hill
Foothill
Murphy
Sycamore
Center
California
Monterey
Llagas
Railroad
Columbet
Watsonville
Edmundson
Oak Glen
Paseo Robles
Hal
P
f
eebles
Llagas
Dunne
Diana
Hill
Wright
Del Monte
Elm
Main
Burnett
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Dougherty
Madrone
Miramonte
Willow Springs
Holiday
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1 13 10
9 8
15 19
7 14
6 5
16 17
18 21
20 22
2 3
4 11
12 LegendHE Opportunity Sites
Parcels within Coyote SubareaParcels within Llagas Subbasin Existing Land Use
AgricultureParksSingle-FamilyMulti-FamilyCommercialIndustrialPublic/InstitutionalVacantOther Groundwater Subbasins
CoyoteLlagasRoadsCity LimitsSphere of Influence BoundaryLakes Figure 2
Housing Element
Opportunity Sites
WSA for 2023 - 2031 Housing
Element Update
City of Morgan Hill
Updated: March 7, 2022
0 0.25 0.5 1
Mile
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File Path: P:\xGIS\GIS_Projects\Morgan_Hill\Water\220114-WSA\MH_Fig2_ExistingLandUse_030722.mxd Coyote Subarea
Llagas Subbasin

Table 1 Proposed Housing Projects
Water Supply Assessment for 2023-2031 Housing Element Update City of Morgan Hill
Proposed Area1 Total Area
(net acre) (net acre)
Santa Clara Subbasin (Coyote)
12 Cochrane - Toll Brothers TRUE
PENDING, expect to be entitled
prior to HE update and
Environmental Impact Report
(EIR)
137 54.42
13 Tilton-Lee Schmidt TRUE Entitled 2 0.78
15 Campoli-Squires TRUE Entitled 1 0.74
15 Sanchez-Brewer TRUE Entitled 1 0.24
15 Old Monterey - Appletree (Kelly
Vo) TRUE Entitled 7 1.13
9 Monterey-Minor (Jemcor) TRUE Entitled 249 7.52
11 Half-Dividend (Crosswinds) TRUE PENDING, expect to be entitled prior to HE update and EIR 269 28.88
Residential Attached Medium 8 Jarvis-MH Apartments (Braddock & Logan) TRUE Entitled 389 19.50 19.50
1 Monterey-Lucky Shing Manzinita
Park TRUE PENDING, expect to be entitled
prior to HE update and EIR 67 5.83
7 Monterey-City Ventures TRUE Entitled 101 6.69
10 No Project TRUE No Project 14 0.90
10 Monterey-Kerley (DeNova
Homes)2,3 TRUE PENDING, expect to be entitled
prior to HE update and EIR 93 4.60
Subtotal 1,330 131.23
Llagas Subbasin
Residential Estate 19 Llagas-Strolata Properties (Silvas) TRUE Entitled 4 4.60 4.60 3 No Project TRUE No Project 13 3.40
3 Walnut Grove- Newland Homes
(SiliconSage) TRUE Entitled 11 1.61
4 Dakota-Dunne TRUE Entitled 6 1.22
4 Diana- Mana Hanalei TRUE Entitled 24 3.65
16 Spring-Ginacola TRUE Entitled 22 2.78
21 Tennant-Osito Holdings TRUE Entitled 16 0.99
2 E. Dunne-Young (Andalusia) TRUE Entitled 46 2.33
2 No Project TRUE No Project 36 2.30
22 No Project TRUE No Project 83 5.22
22 No Project TRUE No Project 101 6.35
Residential Attached High 14 Monterey-First Community
Housing (Magnolias)4 FALSE Entitled 66 1.54 1.54
5 Depot-Latala (Hale Lumber) TRUE Entitled 49 2.05
6 No Project TRUE No Project 40 2.52
6 No Project TRUE No Project 14 0.87
6 No Project TRUE No Project 14 0.91
2 No Project TRUE No Project 76 4.84
17 Red Jasper TRUE Potential Project 103 2.93
17 Monterey-Morgan Hill Senior
Housing TRUE Entitled 82 1.89
18 Edes-Alcini (TTLC Morgan Hill) TRUE PROPOSED, NOT expected to be entitled prior to HE update or EIR 21 1.10
20 Watsonville-Hordness (Crossings
at Monterey/Royal Oaks Village) TRUE Entitled 73 8.19
22 Lillian Commons/Rosewood TRUE Entitled 120 9.48
Subtotal 1,020 70.77
Total 2,350 202.00
Notes:
2/24/2022

1. Source: Final Morgan Hill HE Opportunity Sites received from City staff on 1/7/2022.

2. Monterey-Kerley (DeNova Homes) proposed project site is documented as 1.05 acres in the Final Morgan Hill 2023 HE Opportunity Sites file received from the City staff on 1/7/2022.

3. Based on the City's geodatabase provided by the City staff and the project information posted on the City's website, the project site is approximately 4.6 acres, which is closer to the actually parcel size.

4. Monterey-First Community Housing (Magnolias) proposed land use has higher density (43 units per acre) than it was documented in City of Morgan Hill 2035 General Plan (Mixed Use Flex,7-24 units per acre).

Residential Detached Medium 2.11
Residential Attached Low 36.40
Proposed Land Use Type1 Map ID1 Project Name1 Proposed
Units1
Residential Detached Low
Entitlement Status1
Residential Attached Medium
Mixed Use
Mixed Use Flex
Mixed Use Flex
Residential Detached Medium
Residential Attached Low

18.02 28.43

6.35 3.77

9.88 16.20

55.20 GP Density
Consistency1