Morgan Hill City Council
June 21, 2023

City of Morgan Hill
Year to Date Expenses - Fiscal Year 2022-23
For the Month Ended May 31, 2023
92% of Year Complete

CURRENT

FUND MONTH PERCENT OF
NO. FUND/ACTIVITY ACTUAL AMENDED YTD OUTSTANDING TOTAL TOTAL TO PRIOR

EXPENSES BUDGET EXPENSES ENCUMBRANCE ALLOCATED BUDGET YTD

ENTERPRISE FUNDS
SEWER
640 SEWER OPERATIONS 875,309 16,300,411 14,153,978 87,071 14,241,049 87% 12,008,739 641 SEWER CAPITAL EXPANSION 138,909 32,172,615 8,041,788 998,761 9,040,549 28% 6,755,438 642 SEWER RATE STABILIZATION 151 1,818 1,666 - 1,666 92% 1,045 643 SEWER-CAPITAL PROJECTS 6,989 23,759,295 11,512,549 385,891 11,898,440 50% 7,637,805 TOTAL SEWER FUND(S) 1,021,359 72,234,139 33,709,982 1,471,722 35,181,704 49% 26,403,027 WATER
Water Operations 1,011,294 16,045,940 12,565,730 519,180 13,084,910 82% 12,104,683 Utility Billing 75,245 1,147,979 917,811 95,403 1,013,214 88% 824,688 Water Conservation 19,718 439,985 244,995 31,539 276,534 63% 111,336 650 WATER OPERATIONS 1,106,258 17,633,904 13,728,536 646,122 14,374,658 82% 13,040,707 651 WATER CAPITAL EXPANSION 57,743 893,125 652,274 18,077 670,351 75% 727,235 652 WATER RATE STABILIZATION 113 1,362 1,248 - 1,248 92% 341 653 WATER-CAPITAL PROJECTS 1,361,466 5,617,611 1,681,733 406,004 2,087,737 37% 2,016,477 TOTAL WATER FUND(S) 2,525,580 24,146,001 16,063,791 1,070,203 17,133,994 71% 15,784,760 TOTAL ENTERPRISE FUNDS 3,546,938 96,380,140 49,773,773 2,541,925 52,315,698 54% 42,187,787

INTERNAL SERVICE FUNDS
730 INFORMATION SYSTEMS 123,507 2,619,930 2,032,915 76,515 2,109,431 81% 1,616,628 740 BUILDING MAINTENANCE 120,319 1,668,218 1,306,318 39,105 1,345,423 81% 1,066,242 741 BUILDING REPLACEMENT - 1,836,451 145,326 34,827 180,153 10% 352,654 745 CIP ADMINISTRATION 151,973 1,982,153 1,659,794 5,054 1,664,848 84% 1,556,715 760 UNEMPLOYMENT - 15,000 14,081 - 14,081 94% 14,220
770 WORKERS COMPENSATION 22,996 1,106,358 680,901 - 680,901 62% 834,113 790 EQUIPMENT REPLACEMENT - 2,765,964 593,426 181,542 774,968 28% 727,775 791 EMPLOYEE BENEFITS FUND 12,184 850,000 725,078 - 725,078 85% 651,748 795 GEN. LIABILITY INSURANCE 36,170 1,893,436 1,842,561 4,650 1,847,211 98% 1,804,654 TOTAL INTERNAL SERVICE FUNDS 467,149 14,737,510 9,000,400 341,693 9,342,094 63% 8,624,749 REPORT TOTAL $ 9,485,281 $ 236,762,698 $ 134,678,422 $ 13,179,787 $ 147,858,209 62% 128,899,786 $

City of Morgan Hill
Fund Activity Summary - Fiscal Year 2022-23
For the Month Ended May 31, 2023
92% of Year Complete
Beginning Year to-Date
Fund Fund Balance YTD % of YTD % of Deficit or
No. Fund Description 07-01-22 Actual Budget Actual Budget Carryover Reserved1 Unreserved 010 GENERAL FUND 33,685,888 $ 40, $ 79% 47, 766,778 $ 81% (6, 212,927 $ 446,149) $ 2,292,654 $ 24,947,084 TOTAL GENERAL FUND $ 33,685,888 $ 40,766,778 79% $ 47,212,927 81% $ (6,446,149) $ 2,292,654 $ 24,947,084 202 STREET MAINTENANCE 63,915 $ 654,179 72% $ 654,179 82% $ (0) $ - $ 63,915 205 PUBLIC SAFETY/SUPPL. LAW 251,291 169,250 167% 101,148 85% 68,103 - 319,394 206 DEVELOPMENT SERVICES (495,437) 5,341,186 86% 5, 077,812 83% 263,374 239,717 (471,780) 207 LONG RANGE PLANNING 1,197,975 986,580 99% 778,379 83% 208,202 16,140 1,390,037 215 / 216 CDBG 29,812 914 375% 91% 74 840 - 30,652
225 ASSET SEIZURE 101,644 1,424 145% 92% 696 729 - 102,373 229 LIGHTING AND LANDSCAPE 190,530 111,890 56% 137,128 61% (25, 238) 8,213 157,079 230 COMMUNITY FACILITIES DISTRICT 132,368 27,938 74% 29,893 75% (1,954) - 130,414 232 ENVIRONMENTAL PROGRAMS 236,258 518,969 94% 425,679 81% 93,290 6,800 322,748 234 MOBILE HOME PK RENT STAB. 69,992 6,614 1500% 92% 807 5,807 - 75,799 235 SENIOR HOUSING 236,079 n/a - n/a - - - 236,079
236 HOUSING MITIGATION 5,879,386 870,883 55% 748,061 39% 122,822 93,461 5,908,747 240 EMPLOYEE ASSISTANCE 61,964 7,756 38% 10,036 48% (2,280) - 59,685 246 COUNTYWIDE SOLID WASTE 129,862 1,248,895 189% 1,282,326 68% (33, 432) 462,822 (366,391) 247 ENVIRONMENT REMEDIATION 139,118 1,931 189% n/a - 1,931 - 141,049 255 HOUSING SUCCESSOR AGENCY 3,091,721 366,133 157% 1,088,413 95% ( 722,280) - 2,369,441 260 PUBLIC ART 67,129 n/a 18,658 - 110% (18,658) - 48,471 TOTAL SPECIAL REVENUE FUNDS $ 11,383,607 $ 10,314,543 83% $ 10,353,289 75% $ (38,745) $ 827,152 $ 10,517,710 301 PARK DEV. IMPACT FUND $ (822,989) $ 3,728,743 272% 800,274 $ 24% 2, $ 928,469 $ 985,848 $ 1,119,631 302 PARK MAINTENANCE 2,567,344 526,062 97% 601,772 90% (75, 710) - 2,491,634 303 LOCAL DRAINAGE 11,596,359 1,007,297 269% 877,113 8% 130,185 991,324 10,735,220 304 LOCAL DRAINAGE/NON-AB1600 1,374,682 107,970 370% 127,399 46% (19, 428) 21,575 1,333,679 306 AG. AND OPEN SPACE PRESERVATION 589,238 76,992 1522% 115,366 42% (38, 375) - 550,863 308 STREET CIP 5,741,205 5,031,711 89% 6, 944,720 83% (1, 913,008) 653,021 3,175,176 309 TRAFFIC IMPACT FUND 1,187,038 7,160,711 143% 5,786,493 62% 1, 374,218 3,136,470 (575,214) 315 PUBLIC SAFETY FACILITIES IMPACT 3,221,824 627,030 10% 795,081 8% ( 168,051) 315,939 2,737,835 346 PUBLIC FACILITIES NON-AB1600 2,878,803 405,295 35% 26,273 1% 379,022 151,286 3,106,539 347 PUBLIC FACILITIES IMPACT FUND 1,017,051 115,593 84% 26,724 10% 88,869 - 1,105,920 348 LIBRARY IMPACT FUND 1,444,583 186,160 39% 204,340 92% (18, 179) - 1,426,404 350 UNDERGROUNDING 1,600,648 23,523 79% 1,046 0% 22,477 - 1,623,125 355 SCHOOL PEDESTRIAN/TRAFFIC SFTY (46,063) 214,745 45% 48,177 11% 166,568 39,055 81,450 360 COMM/REC CTR IMPACT FUND 1,295,025 532,277 40% 762,008 33% ( 229,731) 730,523 334,771 375 QUIMBY FEE 839,370 1,560,852 239% 542,182 35% 1, 018,670 151,321 1,706,719 TOTAL CAPITAL PROJECT FUNDS $ 34,484,118 $ 21,304,963 91% $ 17,658,968 33% $ 3,645,995 $ 7,176,363 $ 30,953,750 420 CIVIC CENTER DEBT $ 173,445 $ 269,961 92% $ 291,904 100% (21,942) $ $ 75 $ 151,428 441 POLICE FACILITY BOND DEBT 166,744 355,488 92% 387,161 100% (31,673) 95 134,975 TOTAL DEBT SERVICE FUNDS $ 340,189 $ 625,449 92% $ 679,065 100% $ (53,616) $ 170 $ 286,403 640 SEWER OPERATIONS $ 4,567,000 $ 12,760,839 86% 14, $ 153,978 87% (1, $ 393,139) 87,071 3,086,790 641 SEWER IMPACT FUND* 20,552,531 11,080,829 63% 8, 041,788 25% 3, 039,041 998,761 22,592,811 642 SEWER RATE STABILIZATION 2,726,339 85,929 172% 1,666 92% 84,263 - 2,810,602 643 SEWER-CAPITAL PROJECTS 22,007,034 6,246,360 93% 11, 512,549 48% (5, 266,190) 385,891 16,354,954 650 WATER OPERATIONS 4,289,349 14,838,251 84% 13, 728,536 78% 1, 109,715 646,122 4,752,942 651 WATER IMPACT FUND* 2,924,596 738,822 79% 652,274 73% 86,548 18,077 2,993,067 652 WATER RATE STABILIZATION 3,154,313 45,996 n/a 1,248 92% 44,747 - 3,199,060 653 WATER -CAPITAL PROJECT 10,397,946 4,816,760 94% 1, 681,733 30% 3, 135,027 406,004 13,126,969 TOTAL ENTERPRISE FUNDS $ 70,619,108 $ 50,613,786 80% $ 49,773,773 52% $ 840,013 $ 2,541,925 $ 68,917,196 730 INFORMATION SERVICES $ 795,800 $ 2,055,166 92% 2, $ 032,915 78% 22,251 $ $ 76,515 $ 741,536 740 BUILDING MAINTENANCE (166,058) 1,517,782 92% 1, 306,318 78% 211,464 39,105 6,301 741 BUILDING REPLACEMENT 3,719,439 800,613 96% 145,326 8% 655,287 34,827 4,339,900 745 CIP ENGINEERING 8,327 1,235,983 63% 1, 659,794 84% ( 423,811) 5,054 (420,538) 760 UNEMPLOYMENT 316,781 4,170 180% 14,081 94% (9,910) - 306,871 770 WORKERS COMPENSATION 1,944,442 800,025 111% 680,901 62% 119,124 30,000 2,033,566 790 EQUIPMENT REPLACEMENT 6,113,244 2,176,273 98% 593,426 21% 1, 582,847 181,542 7,514,549 791 EMPLOYEE BENEFITS FUNDS (161,343) 744,444 91% 725,078 85% 19,366 - (141,977) 795 GEN. LIABILITY INSURANCE 1,123,565 1,826,601 92% 1, 842,561 97% (15, 961) 4,650 1,102,954 TOTAL INTERNAL SERVICE FUNDS $ 13,694,197 $ 11,161,059 90% $ 9,000,400 61% $ 2,160,659 $ 371,693 $ 15,483,162 Revenues Expenses Ending Fund Balance

City of Morgan Hill
Fund Activity Summary - Fiscal Year 2022-23
For the Month Ended May 31, 2023
92% of Year Complete
Beginning Year to-Date
Fund Fund Balance YTD % of YTD % of Deficit or
No. Fund Description 07-01-22 Actual Budget Actual Budget Carryover Reserved1 Unreserved Revenues Expenses Ending Fund Balance

SUMMARY BY FUND TYPE
GENERAL FUND GROUP 33,685,888 $ 40, $ 79% 47, 766,778 $ 81% (6, 212,927 $ 446,149) $ 2,292,654 $ 24,947,084 SPECIAL REVENUE GROUP 11,383,607 10, 83% 10, 314,543 75% (38, 353,289 745) 827,152 10,517,710 DEBT SERVICE GROUP 340,189 92% 625,449 679,065 100% (53,616) 170 286,403 CAPITAL PROJECTS GROUP 34,484,118 21, 91% 17, 304,963 33% 3, 658,968 645,995 7,176,363 30,953,750 ENTERPRISE GROUP 70,619,108 50, 80% 49, 613,786 52% 773,773 840,013 2,541,925 68,917,196 INTERNAL SERVICE GROUP 13,694,197 11, 90% 9, 161,059 61% 2, 000,400 160,659 371,693 15,483,162 TOTAL ALL GROUPS 164,207,107 $ $ 82% 134,786,579 $ 57% 134,678,422 $ 108,157 $ 13,209,957 $ 151,105,306 For Enterprise Funds: Unrestricted fund balance = Fund balance net of fixed assets and long-term liabilities. *Unreserved fund balance includes bond proceeds reserved for projects listed in bond documents. 1 Amount restricted for encumbrances, fixed asset replacement, long-term receivables, and bond reserves.

15 CITY COUNCIL STAFF REPORT
MEETING DATE: June 21, 2023
PREPARED BY:

Adam Paszkowski, Principal Planner
APPROVED BY: City Manager

CERTIFY THE ENVIRONMENTAL IMPACT REPORT, ADOPT

FINDINGS OF SIGNIFICANCE AND STATEMENT OF OVERRIDING

CONSIDERATIONS, APPROVE VESTING TENTATIVE MAP, AND

APPROVE DESIGN PERMIT FOR A RESIDENTIAL DEVELOPMENT,
COMPRISED OF 269 UNITS. THE PROPERTIES, IDENTIFIED BY
ASSESSOR PARCEL NUMBERS 728-30-001, 728-30-002, 728-30-003, AND 728-30-004 ARE LOCATED AT THE SOUTHWEST

INTERSECTION OF HALF ROAD AND MISSION VIEW DRIVE (THE

CROSSWINDS AT MORGAN HILL, LLC, OWNER)

RECOMMENDATION(S)

1. Open/close public hearing;

2. Adopt a Resolution to certify the Environmental Impact Report (EIR), approve the Mitigation Monitoring and Reporting Program prepared for the project, and adopt Findings of Significance and Statement of Overriding Considerations; and

3. Adopt a Resolution approving the Vesting Tentative Map and Design Permit.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
Enhancing Diversity and Inclusiveness
Advancing Regional Initiatives
2022-2023 Strategic Priorities
Affordable Housing and Homelessness
Guiding Documents
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

LOCATION MAP/PROJECT INFORMATION:

15 1. Location: Southwest intersection of Half Road and Mission View Drive identified by Assessor's Parcel Numbers: 728-30-001, 728-30-002, 728-30-003, and 728- 30-004

2. Site Area: 33 Acres

3. General Plan: Residential Attached Low

4. Zoning: Residential Attached Low Density (RAL 3,500)

5. Request: Request for a Vesting Tentative Map and Design Permit to allow 269 residential units, comprised of 56 single-family, 64 duets, and 149 condominiums.

BACKGROUND:

On June 16, 2020, Dividend Homes submitted applications for a Vesting Tentative Map and Design Permit for a 269-unit residential development.

The General Plan land use designation for the project area is Residential Attached Low with a net density range of 6 to 16 units an acre. The project proposes a density of 8.15 units an acre.

The project site is located in the Residential Attached Low Density (RAL 3,500) Zoning District. The purpose of the RAL zoning district is to provide locations for low-density attached housing types. The RAL zoning district is divided into two subzones, allowing for a range of permitted residential densities. The RAL 3,500 zoning district allows for a minimum lot area of 3,500 square feet.

The purpose of the residential attached zoning districts is to provide locations for attached housing types to meet the full range of housing needs in Morgan Hill. The residential attached zoning districts accommodate small lot single-family homes, townhomes, and multifamily dwellings at a range of densities. The residential attached

15 zoning district increases housing options for seniors, young people, renters, and smaller households. The RAL zoning district allows for duets, single-family attached, and single-family detached dwellings, as well as accessory structures, as proposed by the applicant.

PROJECT DESCRIPTION:

The project proposes to construct a total of 269 residential units, comprised of 56 single-family, 64 duets, and 149 condominium units. The project would provide a total of 795 parking spaces, consisting of 538 covered parking spaces and 257 uncovered parking spaces (curbside and bay parking). Each unit would include a two-car garage on the ground floor.

The single-family detached residences would consist of clustered courtyard-style homes and would be constructed on the eastern and southern perimeters of the project site, along Mission View Drive and Half Road. The single-family courtyard residences would be two-stories and reach a maximum height of 30 feet. The two-story attached duets would be located in the center of the project site and would reach a maximum height of 30 feet. Three-story townhome-style condominiums would be constructed along the western and northwestern perimeters of the project site, along DePaul Drive and adjacent to a vacant parcel. The condominiums would reach a maximum height of 39 feet. There would be a total of 40 below-market-rate (BMR) units dispersed throughout the project and unit type.

The project would include recreational areas including a clubhouse, pool, children’s play area, and barbeque/picnic areas. The project would also include pedestrian paths, and landscaping, including trees and lawn areas.

The project proposes three vehicular connections; one main project entry each from DePaul Drive and Mission View Drive. DePaul Drive also has a secondary project entry to further enhance vehicle connectivity in and through the project as well as provide additional access points for emergency services. In addition to the vehicular connections, the project includes three emergency vehicle access points; one along Half Road and two along DePaul Drive.

Further explanation of the applicant's request, details regarding the project, and how the project is consistent with the Zoning Code are provided within the May 23, 2023 Planning Commission Staff Report and adopted Resolution No. 23-04 and 23-05.

Details of the CEQA analysis are included in the CEQA section of this report.

PLANNING COMMISSION ACTION:

The Planning Commission reviewed the project on May 23, 2023 and accepted public comment on the proposed project. During the review of the project, the Planning Commission expressed concerns regarding impacts on the adjacent roads and intersections and Transportation Mitigation Measure TRN-2.1 which identifies mitigation for Vehicle Miles Traveled (VMT).

The Traffic Impact Analysis prepared for the proposed project, and as summarized in

15 the EIR, identified four (4) intersections that the proposed project would impact.

Therefore, the proposed project would be required, and the proposed project is conditioned, to pay a fair share contribution towards improvements for each intersection. However, although the developer is required to pay a fair share contribution, at the Cochrane Road and Mission View Drive intersection the developer would be required to install a second northbound left-turn lane on Mission View Drive.

The following proposed conditions pertain to these four intersections:

1. Cochrane Road and Mission View Drive: Prior to occupancy of each unit, developer shall pay a fair share contribution toward the installation of a second northbound left-turn lane on Mission View Drive and a cycle length adjustment to improve intersection operations. The addition of the second northbound left-turn lane will require lane striping and signal modification but will fit within the existing curb-to-curb pavement width on Mission View Drive. The cost to install the required traffic signal modification, improvements, and striping required for the addition of the second left-turn lane shall be reimbursed to the developer, by agreement or credits, and shall be issued on a per unit basis through the traffic impact fees to be determined by the Public Services Director or Director’s designee at improvement plan stage.

2. Mission View Drive and Half Road: Prior to occupancy of each unit, developer shall pay a fair share contribution toward the installation of a signal at the Mission View Drive and Half Road intersection.

3. Main Avenue and Condit Road: Prior to occupancy of each unit, developer shall pay a fair share contribution toward the addition of an exclusive southbound right-turn lane on Condit Road. The addition of the right-turn lane will require signal modifications and lane striping on the southbound approach.

4. Condit Road and Diana Avenue: Prior to occupancy of each unit, developer shall pay a fair share contribution toward the installation of a signal at the Condit Road and Diana Avenue intersection.

The concerns the Planning Commission had in regards to the adjacent roads and intersections consisted of pedestrian access; primarily sidewalks and crosswalks to access the nearby Live Oak High School. During the Planning Commission meeting, it was clarified that the proposed project will provide pedestrian improvements along the project frontages along Mission View Drive, Half Road, and the future extension of De Paul Drive. It was also clarified that the proposed project is along the City boundary, and the Mission View Drive and Half Road intersection is not entirely within City limits; therefore, the installation of a signal and associated improvements at that intersection must be coordinated and approved by Santa Clara County when warranted and that the proposed project will pay a fair share contribution towards the intersection improvements.

Regarding VMT, Mitigation Measure TRN-2.1 requires the development of a Transportation Demand Management (TDM) plan to reduce VMT to and from the site.

As part of the TDM plan, Mitigation Measure TRN-2.1 also requires the project applicant to either make a financial contribution to the City’s on-site demand rideshare

15 service (MoGo) or during project operations, the management entity/HOA shall provide fully (100 percent) subsidized annual VTA transit passes for all project homeowners (a total of 269 transit passes per year). As part of the Planning Commission's discussion and recommendation to approve the project, the Commission recommends that the developer shall provide the fully (100 percent) subsidized annual VTA transit passes instead of the management entity/HOA. This recommended change has been made to the conditions of approval, Findings of Fact, and the Mitigation Monitoring and Reporting Program.

In addition, the Planning Commission recommended adding a condition of approval to notify future residents of the proposed project of possible internal street extensions to the vacant properties north of the project site. This recommended change has been made to the conditions of approval.

CONCLUSION:

The project has been found to be consistent with the General Plan, Zoning Code, City’s Design Review Criteria, the City’s Residential Development Design and Development Standards, and the Subdivision Map Act. It is recommended that the City Council adopt resolutions to certify the Environmental Impact Report (EIR), approve the Mitigation Monitoring and Reporting Program prepared for the project, and adopt Findings of Significance and Statement of Overriding Considerations, and approve the Vesting Tentative Map and Design Permit subject to the Conditions of Approval.

COMMUNITY ENGAGEMENT:

Inform
The proposed project was publicly noticed, including a mailing to property owners in an expanded area beyond 600 feet of the project and within the newspaper via a quarter page display ad for the minimum 10-day period, a project webpage and a sign was posted on the project site pursuant to the Planning Division requirements. The public hearing was also advertised in the City's 411 and on Social Media.

ALTERNATIVE ACTIONS:

The City Council could approve the project with amendments or direct staff to make changes to the request provided the SEIR is certified and Findings of Significance and Statement of Overriding Considerations approved. The City Council could also deny the proposed project. It should be noted that the City has received letters from two legal firms urging the City to approve the project as it conforms with the City's General Plan and Zoning.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The Planning Commission held a public hearing on May 23, 2023, accepted public comment on the proposed project and recommended City Council certify the EIR, adopt a Statement of Overriding Considerations and approve a Vesting Tentative Map and Design Permit.

FISCAL AND RESOURCE IMPACT:

15 The City development review functions are cost-recovery, with fees collected from applicants to cover cost of services. These fees have been collected.

CEQA (California Environmental Quality Act):

An Environmental Impact Report (EIR) was prepared for this project in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. An EIR is an informational document that assesses potential environmental impacts of a proposed project, as well as identifies mitigation measures and alternatives to the proposed project. As the CEQA Lead Agency for this project, the City of Morgan Hill is required to consider the information in the EIR along with any other available information in deciding whether to approve the project. On January 29, 2021, the City of Morgan Hill circulated a Notice of Preparation (NOP) for a 45-day comment period to request input on the types of impacts that could result from the proposed project. The Draft EIR, along with appendices, was made available for public review for a 60-day comment period that began on November 4, 2022 and ended on January 3, 2023. The Notice of Availability of a Draft EIR was posted with the County Clerk, sent to the State Clearinghouse, published on the City’s website, and mailed to responsible agencies.

The City also held a virtual community open house as an opportunity for the public to submit verbal comments on December 6, 2022.

Responses to the Notice of Preparation of a Draft EIR are summarized in Section 2.0 of the Draft EIR. Comment letters received during circulation of the Draft EIR and responses to those letters are included in the Final EIR. A Mitigation Monitoring and Reporting Program was also prepared.

EIR SUMMARY
The EIR evaluates two project options related to the management of stormwater. Under Option 1, stormwater runoff would be directed to underground retention facilities designed for a 25-year, 24-hour storm event and under Option 2, 100 percent of stormwater from the site would be directed to underground retention facilities designed for a 100-year, 24-hour storm event (as described in further detail in Section 3.2.4, Stormwater Drainage Improvements of the Draft EIR). The two project options would have the same site design described above, including the proposed number of residences, building elevations, and site layout. Although Options 1 and 2 were evaluated, City Staff recommends, and the applicant is in agreement with, the approval of Option 1.

Table 1.2-1 in the Draft EIR summarizes the environmental impacts of the proposed project, proposed mitigation measures, and residual impacts (the impact after application of mitigation, if required) identified in the EIR. Impacts are categorized as follows:
• Significant and Unavoidable. An impact that cannot be reduced to below the threshold level given reasonably available and feasible mitigation measures.

Such an impact requires a Statement of Overriding Considerations to be issued if the project is approved per §15093 of the CEQA Guidelines. • Less than Significant with Mitigation Incorporated. An impact that can be

15 reduced to below the threshold level given reasonably available and feasible mitigation measures. Such an impact requires findings under §15091 of the CEQA Guidelines.
• Less than Significant. An impact that may be adverse but does not exceed the threshold levels and does not require mitigation measures. However, mitigation measures that could further lessen the environmental effect may be suggested if readily available and easily achievable.
• No Impact: The proposed project would have no effect on environmental conditions or would reduce existing environmental problems or hazards.

The Draft EIR identifies significant impacts to the following California Environmental Quality Act (CEQA) environmental issue areas: agriculture and transportation. As described in the Draft EIR, the proposed project would convert approximately 16 acres of Prime Farmland, and although the project will comply with the Agricultural Mitigation Ordinance (Chapter 18.152 of the Municipal Code) by preserving a minimum of one acre of agricultural land for each acre of agricultural land converted to a non-agricultural use, CEQA case law affirms the principle that the loss of prime farmlands is irreversible, and protection of other existing farmland does not fully offset the lost farmland, but rather prevents further loss. Therefore, the loss of prime farmland would be considered significant and unavoidable. The Draft EIR also describes that Vehicle Miles Traveled (VMT) impacts can be mitigated, but the project would not fall below the applicable residential VMT per capita threshold and would be considered significant and unavoidable. All other subject area impacts were determined to have no impact or less than significant with the implementation of mitigation measures.

VMT measures the amount and distance of vehicle travel attributed to a project or use.

Specifically, VMT focuses on determining the origin and destination of travel patterns.

Unlike LOS, VMT does not assess the local vehicle trips from a project or the project’s traffic impacts on a local intersection or road/highway segment. Rather, VMT assesses the effects of the project on regional traffic and use of transit and non-motorized travel.

VMT is not a new methodology; it has been used for many years in CEQA documents in estimating pollution (air quality impacts), GHG emissions, and energy consumption.

VMT is typically calculated using a travel demand model, which estimates the total number and length of vehicle trips to and from a given geographic area, such as transportation analysis zones (TAZs). The Valley Transportation Authority (VTA) developed the countywide VMT evaluation tool that is used to generate VMT calculations. Unfortunately, because it is a countywide model, the calculations levy 13 extra miles attached to Morgan Hill due to the City’s distance from regional job centers in San Jose.

In June 2021, City Council directed City Staff to pursue a VMT model in order to deviate from the Valley Transportation Authority (VTA) Santa Clara Countywide VMT Evaluation Tool and/or to provide substantial evidence to deviate from the Governor's Office of Planning and Research (OPR) Technical Advisory which recommends a 15% threshold of significance reduction from existing VMT. This effort is currently underway.

15 As required by the California Environmental Quality Act (CEQA), the Draft EIR also examined alternatives to the proposed project. Studied alternatives include the following three alternatives: 1) No Project-No Development; 2) Existing General Plan/Zoning Development; and 3) Reduced Footprint: Agricultural Preservation alternative. Based on the alternatives analysis, the No Project-No Development alternative would be the environmentally superior alternative to the project because all of the project's significant environmental impacts would be avoided by leaving the site in its current condition. However, Section 15126(e)(2) states that “if the environmentally superior alternative is the No Project Alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives.” Among the alternatives that assume some development on the site, the environmentally superior alternative is the Reduced Footprint: Agricultural Preservation alternative which would avoid significant agricultural impacts since development would not occur on the portion of the site mapped as Prime Farmland but would not avoid the significant and unavoidable VMT impact. This alternative could meet most of the project objectives; however, by only achieving half of the proposed housing units, this alternative would not achieve the project objective of providing market-rate and below-market-rate (BMR) housing, as envisioned in the City of Morgan Hill General Plan, to the same degree as the project.

Due to the Significant and Unavoidable impacts discussed at the beginning of this section, a Findings of Significance and Statement of Overriding Considerations is included as part of the Resolution to Certify the EIR. Per the Regional Housing Needs Assessment 6th Housing Element Cycle 2023-2031, the draft allocation housing for Morgan Hill is 1,037 dwelling units. The proposed project is accounted for within the adopted 2023-2031 Housing Element and allows for Morgan Hill to contribute positively to addressing the housing crisis in a manner that fits within established densities of the community, without proposing a density in excess of those identified in General Plan.

RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE HALFDIVIDEND (CROSSWINDS) PROJECT AS CONSISTENT

WITH THE REQUIREMENTS OF THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT AND ADOPTING

CEQA FINDINGS OF FACT, A STATEMENT OF

OVERRIDING CONSIDERATIONS REGARDING

ENVIRONMENTAL IMPACTS, AND A RELATED

MITIGATION MONITORING AND REPORTING

PROGRAM
WHEREAS, an Environmental Impact Report (EIR) (SCH Number 2021010358) was prepared for the Half-Dividend (Crosswinds) Project in accordance with the California Environmental Quality Act (CEQA). A Notice of Preparation (NOP) was circulated between January 29, 2021 and March 17, 2022, to receive comments regarding the scope and content of the EIR. The Draft EIR was circulated between November 4, 2022 and January 3, 2023; and WHEREAS, the City of Morgan Hill received comments on the Draft EIR by four individuals / organizations. Responses to those comments and minor changes to the Draft EIR were included in a Final EIR document in accordance with the requirements of CEQA; and WHEREAS, the information contained in the Final EIR, consisting of the Draft EIR document in combination with the Final EIR document, was reviewed and considered by the Planning Commission at a duly-noticed Planning Commission public hearing held on May 23, 2023; and the Planning Commission took action to recommend to the City Council that the Final EIR be certified as being found complete, correct, and in substantial compliance with the requirements of the California Environmental Quality Act; and WHEREAS, the Environmental Impact Report concluded that implementation of the Project could result in two significant effects on the environment and identified mitigation measures that would reduce some but not all of those significant effects to a less-than significant level; and
WHEREAS, in connection with the approval of a project involving the preparation of an Environmental Impact Report that identifies one or more significant environmental effects, CEQA requires the decision-making body of the lead agency to incorporate feasible mitigation measures that would reduce those significant environmental effects to a less-than-significant level and/or adopt a Findings of Fact and Statement of Overriding Considerations; and WHEREAS, whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA also requires a lead agency to adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation, and such a mitigation monitoring and

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reporting program has been prepared for the Project for consideration by the decision-maker of the City of Morgan Hill as lead agency for the Project (the "Mitigation Monitoring and Reporting Program"); and
WHEREAS, the City of Morgan Hill is the lead agency on the Project, and the City Council is the decision-making body for the proposed approval to construct and otherwise undertake the Project; and
WHEREAS, the Environmental Impact Report and the related Findings of Fact and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Project are, by this reference, incorporated into this Resolution as if fully set forth herein; and WHEREAS, the Environmental Impact Report, incorporating any Addenda, and related Findings of Fact and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Project are on file in the Development Services Department located at 17575 Peak Avenue, Morgan Hill, California, 95037, and are available for inspection by any interested person at that location.

NOW, THEREFORE, THE MORGAN HILL CITY COUNCIL DOES RESOLVE AS FOLLOWS:

SECTION 1: FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS BY THE CITY COUNCIL OF THE CITY OF

MORGAN HILL REGARDING THE FINAL ENVIRONMENTAL

IMPACT REPORT FOR THE HALF-DIVIDEND (CROSSWINDS)
PROJECT: The City Council finds, determines, and declares the findings and facts and statement of overriding considerations as set forth in the attached Exhibit "A" by this reference incorporated herein.

SECTION 2: CERTIFICATION OF FINAL EIR: The City Council hereby certifies that the Final EIR has been completed in compliance with CEQA.

PASSED AND ADOPTED by the City Council of the City of Morgan Hill at its meeting held on this 21st day of June, 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

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APPROVED: ATTEST:

MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk
 CERTIFICATION 

I, MICHELLE BIGELOW, CITY CLERK OF THE CITY OF MORGAN HILL, CALIFORNIA, do hereby certify that the foregoing is a true and correct copy of Resolution No. 23-XXX, adopted by the City Council at a Regular Meeting held on June 21, 2023.

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.

DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

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EXHIBIT "A"

FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS BY

THE CITY COUNCIL OF THE CITY OF MORGAN HILL REGARDING THE FINAL

ENVIRONMENTAL IMPACT REPORT FOR THE CROSSWINDS RESIDENTIAL PROJECT (State Clearinghouse No. 2021010358)
The following Findings, the mitigation measures specified herein, and the Mitigation Monitoring and Reporting Program attached hereto are hereby adopted by the Morgan Hill City Council in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21081, 21081.5 and 21081.6, and the CEQA Guidelines, Title 14, California Code of Regulations, Sections 15091 and 15092 for the Crosswinds Residential (project).

Section 15091 of the CEQA Guidelines states that:
a. No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:
(1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.
(3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.

In short, CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to avoid or mitigate significant environmental impacts that will otherwise occur with implementation of the project. Project mitigation or alternatives are not required, however, where they are infeasible or where the responsibility for modifying the project lies with another agency.

For those significant effects that cannot be mitigated to a less-than-significant level, the public agency is required to find that specific overriding economic, legal, social, technological, or other

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benefits of the project outweigh the significant effects on the environment. The CEQA Guidelines state in section 15093 that:
“If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered ‘acceptable.”
A. ENVIRONMENTAL REVIEW PROCESS
The Environmental Impact Report (EIR) prepared by the City of Morgan Hill (City) for the Crosswinds Residential Project (project) consists of the Draft EIR (Draft EIR) and the Final EIR / Response to Comments on the Draft EIR.

On January 29, 2021, the City of Morgan Hill circulated a Notice of Preparation (NOP) for a 45-day comment period to request input on the types of impacts that could result from the proposed project. The Draft EIR was made available for public review for a 60-day comment period that began on November 4, 2022 and ended on January 3, 2023. The Notice of Availability of a Draft EIR was posted with the Santa Clara County Clerk, sent to the State Clearinghouse, published on the City’s website, and mailed to responsible agencies. The City of Morgan Hill received a total of four written comment letters during the public comment period.

The City released the Final EIR for public review on May 3, 2023. The Final EIR consists of copies of all comments received on the Draft EIR, a list of commenters, all responses to comments, and Draft EIR text revisions. The Final EIR, Draft EIR, and Mitigation Monitoring and Reporting Program (MMRP) together comprise the EIR for the project. The analysis and conclusions contained in the EIR reflect the independent judgment of the City.

B. PROJECT DESCRIPTION
Section 3 of the Draft EIR includes a detailed description of the project. Other than minor clarifications, no revisions to the project description were required.

The approximately 33-acre project site is located at the intersection of Half Road and Mission View Drive in the City of Morgan Hill. The project is located on four parcels. The Assessor’s Parcel Numbers (APNs) are 728-30-001, 728-30-002, 728-30-003, and 728-30-004. The project site is mostly undeveloped and consists of grassland, fallowed agricultural fields, and boxed trees.

The project proposes to construct a total of 269 residential units, comprised of 56 single-family detached, 64 duets, and 149 condominium units. There would be a total of 40 below-marketrate (BMR) units. Each unit would include a two-car garage on the ground floor. The singlefamily detached residences would be constructed on the eastern and southern perimeters of the project site, along Mission View Drive and Half Road. The single-family residences would be

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two-stories and reach a maximum height of 30 feet. The project also proposes to construct an off-site sanitary sewer line that would extend from Half Road to Condit Road, to the existing sanitary sewer line in East Main Avenue.

The EIR evaluates two project options related to the management of stormwater. Under Option 1, stormwater runoff would be directed to underground retention facilities designed for a 25- year, 24-hour storm event and under Option 2, 100 percent of stormwater from the site would be directed to underground retention facilities designed for a 100-year, 24-hour storm event (as described in further detail in Section 3.2.4, Stormwater Drainage Improvements). The two project options would have the same site design described below including the proposed number of residences, building elevations, and site layout (described above). Although Options 1 and 2 were evaluated, the City of Morgan Hill City Council approves Option 1.

The project objectives are to:
• Provide market-rate and below-market rate housing, as envisioned in the City of Morgan Hill General Plan.
• Create a visually appealing pedestrian corridor along the Mission View Drive and Half Road frontages.
• Implement improvements to provide private vehicular and pedestrian circulation. • Increase passive and active open space throughout the project site.

The proposed project would require the following approvals:
• Certification of the EIR: Certify the Crosswinds Residential Project EIR and make environmental findings pursuant to CEQA.
• Vesting Tentative Map and Final Map
• Design Permit
• Issuance of Demolition, Grading, Building, and Occupancy Permits • Encroachment Permit from Valley Water (Sanitary Sewer Modifications) C. SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS AND DISPOSITION OF

RELATED MITIGATION MEASURES
The following findings are hereby made by the City of Morgan Hill City Council for the significant environmental effects identified in the EIR related to agriculture and forestry resources (impacts related to conversion of Important Farmland) and transportation (impacts related to vehicle miles traveled [VMT]). The Final EIR identified the following impacts associated with the project that would be significant and unavoidable:

1. Agricultural and Forestry Resources Impact AG-1: The project would convert 16 acres

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of Prime Farmland to non-agricultural use. Mitigation measures MM AG-1.1 and MM AG1.2 would reduce the project’s impacts associated with conversion of Prime Farmland, but not to a less than significant level. The impact would be significant and unavoidable.

Mitigation Measure MM AG-1.1: A minimum of one acre of agricultural land (1:1 mitigation ratio) shall be preserved for each acre of agricultural land changed to a nonagricultural use. The required acreage of area to be protected through an agricultural conservation easement or agricultural preservation in-lieu fee will depend on the measurement of affected area. The 16 acres of Prime Farmland shall be used for calculating the required mitigation.

Mitigation Measure MM AG-1.2: Conversion of agricultural land shall require off-setting acquisition and/or dedication of agricultural conservation easements over approved agricultural mitigation land, or payment to the City of the agricultural preservation in-lieu fee, to support agricultural preservation activities. Developer acquisition/dedication of easements shall require the project to pay an agricultural lands preservation program stewardship fee to cover administrative costs and ongoing management and monitoring of the easements. Agricultural mitigation fees shall be required prior to the acceptance of a final parcel or subdivision map, or prior to issuance of building or grading permits. Easement dedication is required prior to issuance of building permits.

Finding: Based on the Farmland Mapping and Monitoring Program of the California Resources Agency Mapping System, the project site consists of approximately 16 acres of Prime Farmland and 17 acres of Grazing Land. The project proposes to develop the site with residential uses. Conversion of the Prime Farmland would constitute a significant impact to agricultural resources. Consistent with the City’s Agricultural Preservation Program and Agricultural Mitigation Ordinance, mitigation measures MM AG-1.1 and MM AG-1.2 require a minimum of one acre of agricultural land (1:1 mitigation ratio) to be preserved for each acre of agricultural land changed to a non-agricultural use and acquisition and/or dedication of agricultural conservation easements over approved agricultural mitigation land, or payment to the City of the agricultural preservation in-lieu fee. The project applicant will implement mitigation measures MM AG-1.1 and MM AG-1.2, however, the impact would not be reduced to a less than significant level because, while the project would preserve existing agricultural lands, it would not create any new agricultural lands to offset the lost 16 acres of prime farmland. There are no other feasible mitigation measures which could be implemented to reduce the loss of agricultural lands to a less than significant level, as CEQA case law affirms the principle that the loss of prime farmland is irreversible, and protection of other existing farmland does not fully offset the lost farmland, but rather prevents further loss. Therefore, the impact would remain significant and unavoidable.

Impacts related to agricultural and forestry resources have been mitigated to the extent feasible. The City of Morgan Hill finds that although this impact would be significant and unavoidable, the impact is acceptable when weighed against the overriding social, economic, and other considerations set forth in Section I, Statement of Overriding Considerations.

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For a detailed description of impacts and mitigation measures, see the appropriate text in the Draft and Final EIR.

2. Transportation Impact TRN-2 and Impact TRN-C: The project is estimated to generate

27.41 VMT per capita, which would exceed the California Office of Planning and Research’s (OPR’s) impact threshold of 20.94 VMT per capita. Mitigation Measure MM TRN-2.1 would not reduce the project VMT to below OPR’s impact threshold, therefore, the VMT impact would not be reduced to a less than significant level. The impact would be significant and unavoidable. Since the project generated VMT per capita is above the citywide threshold, the project would result in a considerable contribution to a significant cumulative citywide VMT impact.

Mitigation Measure TRN-2.1: Prior to project occupancy, the project applicant shall develop and implement a Transportation Demand Management (TDM) plan which targets achieving a reduction in residential vehicle trips to and from the site. The TDM plan shall be prepared by a qualified traffic consultant and in coordination with the City of Morgan Hill Development Services Director or Designee. The TDM plan shall quantify the reduction in VMT. The TDM shall require the project applicant to make a financial contribution to the City’s on-site demand rideshare service (MoGo), as a one-time or annual financial contribution based on City approval, or during project operations, the developer shall provide fully (100 percent) subsidized annual VTA transit passes for all project homeowners (a maximum of one transit subsidy per residential unit, which would result in up to 269 transit passes per year). This subsidized transit program shall be approved by the City of Morgan Hill’s Public Services Director or Director’s designee prior to issuance of occupancy. The HOA shall submit a receipt and documentation to the City showing that the transit passes have been purchased annually.

Finding: The project would result in VMT per capita of 27.41, while citywide VMT per capita is 24.64, and the OPR threshold relied upon in the EIR was 20.94 VMT per capita.

Using OPR’s impact thresholds, the project would need to implement VMT reduction measures to achieve a 24 percent reduction (27.41 to 20.94) in its VMT per capita for the proposed residential uses to reduce its impact to less than significant level. Mitigation Measure TRN-2.1 requires the project applicant to make a financial contribution to the City’s on-site demand rideshare service, as a one-time or annual financial contribution based on City approval, or during project operations, requires the developer to provide fully (100 percent) subsidized annual VTA transit passes for all project homeowners. The provision of fully (100 percent) subsidized annual VTA transit passes for all project homeowners under mitigation MM TRN-2.1 could reduce the project’s VMT per resident from 27.41 to 27.37.

VTA’s VMT tool does not include a feature which calculates VMT reduction from the project applicant’s contribution to the City’s on-site demand rideshare service. The project design features would encourage the use of pedestrian and bicycle facilities, but not to a degree which would have any measurable effect on project VMT. Therefore, the project

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VMT would continue to be above the 20.94 VMT per capita threshold. There are no other feasible mitigation measures which could be implemented to reduce the transportation impacts. Measures such as carshare programs and transit service expansion programs would not be feasible given the costs to maintain such programs. As mentioned above, even with the implementation of these measures, the project VMT would be above the VMT per capita threshold. Therefore, the impact would remain significant and unavoidable.

Impacts related to transportation have been mitigated to the extent feasible. The City of Morgan Hill finds that although this impact would be significant and unavoidable, the impact is acceptable when weighed against the overriding social, economic, and other considerations set forth in Section I, Statement of Overriding Considerations, below.

D. SIGNIFICANT IMPACTS IDENTIFIED IN THE EIR THAT ARE REDUCED TO A LEVEL OF “LESS THAN SIGNIFICANT” BY THE MITIGATION MEASURES

INCORPORATED INTO THE PROJECT
The following findings are hereby made by the City of Morgan Hill City Council for the significant environmental effects identified in the EIR that would be reduced to a less than significant level through incorporation of mitigation measures. The City finds for each of the significant or potentially significant impacts identified in this section that based upon substantial evidence in the record, changes or alterations have been required or incorporated into the project which avoid or substantially lessen the significant effects as identified in the EIR and, thus, that adoption of the mitigation measures set forth below will reduce these significant or potentially significant effects to less than significant levels. Adoption of the mitigation measures will effectively make the mitigation measures part of the project. In addition, compliance with City and other applicable regulations will further reduce project impacts. Therefore, the City finds that based upon substantial evidence in the record, changes or alterations have been required or incorporated into the project which avoid or substantially lessen the significant effects as identified in the EIR.

The Final EIR identified several impacts associated with the project that would be reduced to a level of less than significant with the implementation of mitigation measures identified in the Final EIR:

1. Biological Resources Impact BIO-1: The project could have a substantial adverse effect on nesting birds. With the implementation of mitigation measures MM BIO-1.1 and MM BIO1.2, this impact would be reduced to less than significant.

MM BIO-1.1: Construction shall be scheduled to avoid the nesting season. If construction can be scheduled to occur between September 1st and January 31st (inclusive) to avoid the raptor nesting season, no impacts will be expected. If construction will take place between February 1st and August 31st, then pre-construction surveys for nesting birds shall be completed by a qualified ornithologist to ensure that no nests will be disturbed

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during project implementation. Performance of the required surveys for construction occurring between February 1st and August 31st will ensure that impacts to nesting raptors are reduced to less than significant. Surveys will be completed within 30 days of the on-set of tree removal, site clearing or construction activities. During this survey, the ornithologist will inspect all trees and other potential nesting habitats (e.g., trees, shrubs, buildings) onsite trees as well as all trees within 250 feet of the site for nests. The preconstruction survey shall be submitted to the City’s Development Services Director or the Director’s designee for review prior to tree removals or issuance of a grading permit.

MM BIO-1.2: If an active nest is found sufficiently close to work areas to be disturbed by these activities, the ornithologist will determine the extent of a disturbance-free buffer zone to be established around the nest (typically 250 feet for raptors and 50-100 feet for other species) that will remain off limits to construction until the nesting season is over, to ensure that no nests of species protected by the Migratory Bird Treaty Act and California Fish and Wildlife Code will be disturbed during project implementation. A report indicating the result of the survey and any designated buffer zones shall be submitted to the satisfaction of the City’s Development Services Director or Director’s designee prior to removal of trees and issuance of a grading permit.

Finding: The proposed project would remove all existing trees on the 33-acre site. The mature trees on-site have the potential to provide nesting or foraging habitat for nesting raptors and migratory birds protected under state and federal regulations. At the time of development, raptors and migratory birds could be nesting in the trees and vegetation on and adjacent to the project site. Project construction and tree removal during the avian breeding season could result in direct or indirect impacts to eggs and nestlings. The project would implement mitigation measures MM BIO-1.1 and MM BIO-1.2 which require pre-construction surveys for nesting birds if construction takes place between February 1st and August 31st and a buffer zone around any active nests. This impact would be less than significant with adherence to mitigation measures MM BIO-1.1 and MM BIO-1.2.

2. Biological Resources Impact BIO-5:The project could conflict with the City’s tree ordinance without the implementation of mitigation. With the implementation of mitigation measure MM BIO-5.1, this impact would be reduced to less than significant.

MM BIO-5.1: The project applicant shall comply with local ordinances and submit permit applications for removal, trimming, damage, or relocation of all trees covered by the City ordinance. Any trees to be removed shall require replacement at a two-to-one ratio on a comparable ratio of size. The replacement trees shall be planted on site to the extent feasible and the project proponent shall comply with all other replacement requirements imposed by the City. Prior to tree removal, the project applicant shall apply for a tree removal permit, which will be reviewed by the City’s Development Services Director or Director’s designee.

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Finding: An ordinance-sized/significant tree is considered to be a tree with a single stem or trunk of a circumference of 40 inches (or diameter of 12.7 inches) or more for nonindigenous species and a circumference of 18 inches (or diameter of 5.7 inches) or more for indigenous species measured at four and one-half feet vertically above the ground. The project site contains four ordinance-sized trees as defined by the City of Morgan Hill Municipal Code Section 12.32.030. This includes one Monterey pine, one Peruvian pepper tree, and two Ponderosa pines. Mitigation measure MM BIO-5.1 requires any trees proposed for removal to be replaced at a two-to-one ratio on a comparable ratio of size and the project applicant to apply for a tree removal permit, which will be reviewed by the City’s Development Services Director or Director’s designee. Implementation of mitigation measure MM BIO-5 would ensure that potential impacts to trees would be less than significant.

3. Cultural Resources Impact CUL-2: The project could result in a substantial adverse change in the significance of an archaeological resource without mitigation. With the implementation of mitigation measures MM CUL-2.1 and MM CUL-2.2, this impact would be reduced to less than significant.

MM CUL-2.1: A moderate potential exists for unrecorded historic period archaeological resources to be within the project area. The developer shall enter into written contracts with an archaeologist and the Tamien Nation Tribe, and pay all fees associated with the activities required by this Mitigation Measure. The following policies and procedures for treatment and disposition of inadvertently discovered human remains or archaeological materials shall apply:
(a) Prior to the start of grading or earthmoving activity (includes demolition and moving of heavy equipment on site) on the “first day of construction,” the archaeologist and Tribal Monitor shall hold a pre-construction meeting for the purposes of “cultural sensitivity training” with the general contractor or subcontractors. (b) A Tamien Nation Tribal Monitor shall be present on-site to monitor all grounddisturbing activities and an archaeologist shall be on-call. Where historical or archaeological artifacts are found, work in areas where remains or artifacts are found will be restricted or stopped until proper protocols are met, as described below:

1. Work at the location of the find shall halt immediately within fifty feet of the find.

If an archaeologist is not present at the time of the discovery, the applicant shall contact an archaeologist for evaluation of the find to determine whether it qualifies as a unique archaeological resource as defined by this chapter.

2. If the find is determined not to be a Unique Archaeological Resource, construction can continue. The archaeologist shall prepare a brief informal memo/letter in collaboration with a tribal representative that describes and assesses the

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significance of the resource, including a discussion of the methods used to determine significance for the find.

3. If the find appears significant and to qualify as a unique archaeological resource, the archaeologist shall determine if the resource can be avoided and shall detail avoidance procedures in a formal memo/letter.

4. If the resource cannot be avoided, the archaeologist in collaboration with a tribal representative shall develop within forty-eight hours an action plan to avoid or minimize impacts. The field crew shall not proceed until the action plan is approved by the Development Services Director or Director’s designee. The action plan shall be in conformance with California Public Resources Code 21083.2. An archaeologist shall be on-call during ground disturbing activities. Where historical or archaeological artifacts are found, work in areas where remains or artifacts are found will be restricted or stopped until proper protocols are met, as described below.
(c) The following policies and procedures for treatment and disposition of inadvertently discovered human remains or archaeological materials shall apply. If human remains are discovered, it is probable they are the remains of Native Americans,

1. If human remains are encountered, they shall be treated with dignity and respect as due to them. Discovery of Native American remains is a very sensitive issue and serious concern. Information about such a discovery shall be held in confidence by all project personnel on a need-to-know basis. The rights of Native Americans to practice ceremonial observances on sites, in labs and around artifacts shall be upheld.

2. Remains should not be held by human hands. Surgical gloves should be worn if remains need to be handled.

3. Surgical mask should also be worn to prevent exposure to pathogens that may be associated with the remains.
(d) In the event that known or suspected Native American remains are encountered, or significant historic or archaeological materials are discovered, ground-disturbing activities shall be immediately stopped. Examples of significant historic or archaeological materials include, but are not limited to, concentrations of historic artifacts (e.g., bottles, ceramics) or prehistoric artifacts (chipped chert or obsidian, arrow points, ground stone mortars and pestles), culturally altered ash stained midden soils associated with pre-contact Native American habitation sites, concentrations of fire-altered rock and/or burned or charred organic materials and historic structure remains such as stone lined building foundations,

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wells or privy pits. Ground-disturbing project activities may continue in other areas that are outside the exclusion zone as defined below.
(e) An "exclusion zone" where unauthorized equipment and personnel are not permitted shall be established (e.g., taped off) around the discovery area plus a reasonable buffer zone by the contractor foreman or authorized representative, or party who made the discovery and initiated these protocols, or if on-site at the time or discovery, by the monitoring archaeologist and tribal representative (typically twenty-five to fifty feet for single burial or archaeological find).
(f) The discovery locale shall be secured (e.g., 24-hour surveillance) as directed by the City or County Coroner if considered prudent to avoid further disturbances. (g) The contractor foreman or authorized representative, or party who made the discovery and initiated these protocols shall be responsible for immediately contacting by telephone the parties listed below to report the find and initiate the consultation process for treatment and disposition:
• The City of Morgan Hill Development Services Director (408) 779-7247 • The Contractor’s Point(s) of Contact
• The Coroner of the County of Santa Clara (if human remains found) (408) 793-1900 • The Native American Heritage Commission (NAHC) in Sacramento (916) 653-4082 • The Amah Mutsun Tribal Band (916) 481-5785 (H) or (916) 743-5833 (C) • The Tamien Nation (707)295-4011 (office) and (925)336-5359 (THPO) (h) The Coroner has two working days to examine the remains after being notified of the discovery. If the remains are Native American the Coroner has 24 hours to notify the NAHC.
(i) The NAHC is responsible for identifying and immediately notifying the Most Likely Descendant (MLD). (Note: NAHC policy holds that the Native American Monitor will not be designated the MLD.)
(j) Within 24 hours of their notification by the NAHC, the MLD will be granted permission to inspect the discovery site if they so choose.
(k) Within 24 hours of their notification by the NAHC, the MLD may recommend to the City’s Development Services Director or Director’s designee, the recommended means for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The recommendation may include the scientific removal and non-destructive or destructive analysis of human remains and items associated with Native American burials. Only those osteological analyses or DNA analyses recommended by the appropriate tribe may be considered and carried out.

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(l) If the MLD recommendation is rejected by the City of Morgan Hill the parties will attempt to mediate the disagreement with the NAHC. If mediation fails, then the remains and all associated grave offerings shall be reburied with appropriate dignity on the property in a location not subject to further subsurface disturbance.

MM CUL-2.2: The project applicant shall note on any plans that require ground disturbing excavation that there is a potential for exposing buried cultural resources including prehistoric Native American burials. Any archaeological site information supplied to the Contractor Foreman or authorized representative shall be considered confidential. Information on the project plans shall be verified by the Development Services Director or Director’s designee prior to issuance of a grading permit or any building permit.

Finding: Based on the City’s archaeological sensitivity map and a records search in the California Historical Resource Information System (CHRIS) database, reviewed archival literature, and completed a field inspection (in May 2019) to determine the potential presence of historic-era archaeological resources, the project site is considered to have low to moderate sensitivity for prehistoric and historic archaeological resources. While the project site is not known to contain an archaeological site or buried deposits, construction operations could result in the inadvertent exposure of buried prehistoric or historic archaeological materials that could be eligible for inclusion on the California Register and/or meet the definition of a unique archaeological resource as defined in Section 21083.2 of the Public Resources Code. No surface indications of prehistoric or significant historic cultural materials or culturally modified soils were observed during the survey completed for the proposed project. Mitigation measure MM CUL-2.1 and MM CUL-2.2 require a tribal monitor to be present on-site to monitor all ground-disturbing activities, and where historical or archaeological artifacts are found, work in areas where remains or artifacts are found to be restricted. Implementation of mitigation measures MM CUL-2.1 and MM CUL-2.2 would reduce this impact to less than significant.

4. Cultural Resources Impact CUL-3: The project could result in a significant impact to human remains without mitigation. With the implementation of mitigation measure MM CUL-2.1 and MM CUL-2.2 described above, this impact would be reduced to less than significant.

MM CUL-2.1 and MM CUL-2.2: See mitigation measures MM-2.1 and MM CUL-2.2 listed above.

Finding: As stated above, no surface indications of prehistoric or significant historic cultural resources or culturally modified soils were observed during the survey completed for the proposed project. Although it is not expected, human remains could be discovered during construction of the project. Implementation of mitigation measures MM CUL-2.1 and MM CUL-2.2 would reduce the impact to human remains to less than significant.

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5. Greenhouse Gas Emissions Impact GHG-1: The project would generate GHG emissions that may have a significant impact on the environment. With the implementation of mitigation measures MM GHG-1.1 through MM GHG-1.3, this impact would be reduced to less than significant.

MM GHG-1.1: The project applicant shall develop a GHG reduction plan to reduce GHG emissions in the build-out year by 206 MT/year prior to issuance of a grading permit and to the satisfaction of the City’s Development Services Director or Director’s designee. These reductions shall be kept in place by the project until the City adopts a qualified GHG reduction plan (consistent with CEQA Guidelines Section 15183.5) that contains goals and associated strategy to decrease emissions in a manner consistent with meeting the State’s interim 2030 GHG emissions reduction target of 40 percent below 1990 levels.

MM GHG-1.2: A combination of the GHG reduction elements listed below would reduce project GHG impacts. The project applicant shall implement some or all of the following elements to further reduce GHG emission from operation of the project and the service population efficiency metric such that the metric would be below the significance threshold.

The GHG reduction elements to be included within the project shall be verified prior to the issuance of a building permit and shall be to the satisfaction of the City’s Development Services Director or Director’s designee.
• Prior to issuance of any building permits, the project applicant shall submit a Transportation Demand Management (TDM) Plan, which would include measures to reduce vehicle miles traveled (VMT) and GHG emissions, to the City's Development Services Director or Director's designee.
• The TDM Plan shall be implemented by the Homeowners Association (HOA) once the proposed residences are occupied.
• The project applicant shall install solar power systems or other renewable electric generating systems that provide electricity to power on-site equipment and possibly provide excess electric power;
• The project applicant shall provide infrastructure for electric vehicle charging for residential units (i.e., provide 220 VAC power); and,
• The project applicant shall increase water conservation above state average conditions for residential uses by installing low flow water utilities and irrigation.

MM GHG-1.3: The project applicant shall purchase verifiable carbon emission offsets through a verified registry for remaining amount of GHG reduction required, after exhausting on-site reduction options prior to issuance of a building permit. Offsets shall be determined by calculating the total estimated number of GHG emissions the project would create over a 30-year period, and purchasing verifiable offsets based on the calculated number of GHG emissions.

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Finding: The existing greenhouse gas emissions (GHG) are primarily generated by vehicle travel to and from the site, emissions related to irrigation, and operation of agricultural equipment. There would also be long-term operational emissions associated with vehicular traffic within the project vicinity, energy, and water usage, and solid waste disposal. A Substantial Progress efficiency threshold of 2.8 MT CO2e/service population/year threshold, which is a 40 percent reduction from the BAAQMD 2020 service population emissions target of 4.6 MT CO2e /service population/year, is utilized in this EIR. An adjusted bright-line threshold of 660 MTCO2e/year, which is 40 percent below BAAQMD 2020 bright-line threshold of 1,100 MT CO2e, is also used. The efficiency and adjusted bright-line thresholds were calculated based on the GHG reduction goas of SB 32 and EO B-30-15 for 2030.

To be considered an exceedance, a project must exceed both the GHG significance threshold in metric tons per year and the service population significance threshold in the future year of 2030. The project would exceed the annual emissions bright-line threshold of 660 MT CO2e/year and the service population threshold of 2.8 MT of CO2e/year/service population in 2030. Therefore, the project would exceed the brightline and service population GHG emissions target for 2030, which would result in a significant GHG impact. Mitigation measures GHG-1.1 through MM GHG-1.3 require the project applicant to develop a GHG reduction plan to reduce to reduce GHG emissions in the build-out year by 206 MT/year and a Transportation Demand Management Plan; the project applicant will also be required to purchase verifiable carbon emission offsets for the remaining amount of GHG reduction required, after exhausting on-site reduction options prior to issuance of a building permit.

Therefore, implementation of Mitigation measures GHG-1.1 through MM GHG-1.3 would reduce GHG impacts to less than significant.

6. Hazards and Hazardous Materials Impact HAZ-2: The project could 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. With the implementation of mitigation measures MM HAZ-2.1 through MM HAZ-2.7, this impact would be reduced to less than significant.

MM HAZ-2.1: Since lead-impacted soils are determined to be present in concentrations above established regulatory environmental screening levels, the project applicant shall enter into the Santa Clara County Department of Environmental Health’s (SCCDEH) Voluntary Cleanup Program (VCP), or equivalent, to formalize regulatory oversight of the mitigation of contaminated soil to ensure the site is safe for construction workers and the public after development. The project applicant responsible for the contaminated area of the site shall remove contaminated soil to levels acceptable to the SCCDEH (or equivalent oversight agency) for residential exposure prior to issuance of any grading permits.

MM HAZ-2.2: A Removal Action Plan, Soil Mitigation Plan or other similarly titled report describing the remediation shall be prepared and implemented to document the removal and /or capping of contaminated soil. Prior to issuance of any grading permits, a copy of any

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reports prepared shall be submitted to the Development Services Director or Director’s designee. All work and reports produced shall be performed under the regulatory oversight and approval of the SCCDEH (or equivalent oversight agency).

MM HAZ-2.3: The project applicant shall prepare a Site Management Plan (SMP) prior to issuance of any grading permits to reduce or eliminate exposure risk to human health and the environment, specifically, potential risks associated with the presence of organochlorine pesticides and pesticide-based metals. The SMP shall include, but is not limited to, the following elements to mitigate potential risks associated with environmental conditions:
• Procedures for transporting and disposing the waste material generated during removal activities, if such transport and disposal is necessary; • Procedures for stockpiling soil on-site if such stockpiling is necessary; • Provisions for collecting soil samples to prior to grading activities; • Provisions for confirmation soil sampling as appropriate to obtain a “No Further Action” letter (or equivalent) from the state and/or local agency assuming oversight for the site;
• Procedures to ensure that fill and cap materials are verified as clean truck routes; • Staging and loading procedures and record keeping requirement.

The SMP shall reference the Storm Water Pollution Prevention Plan (SWPPP) required for the project in accordance with the Construction General Permit Order issued by the California State Water Resources Control Board. The SMP shall be submitted to the Santa Clara County Department of Environmental Health (SCCDEH), or equivalent regulatory agency, for review and approval. Copies of the approved SMP shall be provided to the City’s Development Services Department prior to issuance of any grading permits.

MM HAZ-2.4: All contractors and subcontractors at the project site shall develop a health and safety plan (HSP) specific to their scope of work and based upon the known environmental conditions for the site. The HSP shall be implemented under the direction of a Site Safety and Health Officer. The HSP shall include, but not limited to, the following elements, as applicable:
• Provisions for personal protection and monitoring exposure to construction workers;
• Procedures to be undertaken in the event that contamination is identified above action levels or previously unknown contamination is discovered; • Procedures for the safe storage, stockpiling, and disposal of contaminated soils; • Provisions for the on-site management and/or treatment of contaminated groundwater during extraction or dewatering activities; • Emergency procedures and responsible personnel.

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The HSP shall be submitted to the Santa Clara County Department of Environmental Health (SCCDEH), or equivalent regulatory agency, for review and approval. Copies of the approved HSP shall be provided to the City’s Development Services Department prior to issuance of any grading permits.

MM HAZ-2.5: Prior to issuance of any grading permits, the project applicant shall excavate lead-impacted soils identified at sample location SS-R-17B (near the single-family residence and barn structure) to a depth of at least 2.5 below the ground. The soil shall be properly disposed of in accordance with state and SCCDEH and California Code of Regulations, Title 8 waste disposal requirements. The SCCDEH (or equivalent oversight agency) may also approve leaving in-place some of the contaminated soil if the contaminated soil will be buried under hardscape and/or several feet of clean soil and not at risk of being encountered by future site users or nearby residents.

MM HAZ-2.6: Prior to issuance of a demolition permit for on-site structures, the project applicant shall consult with certified Asbestos and/or Lead Risk Assessors to complete and submit for review to the Building Department an asbestos and lead survey. If asbestoscontaining materials or lead-containing materials are not discovered during the survey, further mitigation related to asbestos-containing materials or lead-containing materials shall not be required. If asbestos containing materials and/or lead-containing materials are discovered by the survey, the project applicant shall prepare a work plan to demonstrate how the on-site asbestos-containing materials and/or lead-containing materials shall be removed in accordance with current California Occupational Health and Safety (Cal-OSHA) Administration regulations and disposed of in accordance with all CalEPA regulations, prior to the demolition and/or removal of the on-site structures. The plan shall include the requirement that work shall be conducted by a Cal-OSHA registered asbestos and lead abatement contractor in accordance with Title 8 CCR 1529 and Title 8 CCR 1532.1 regarding asbestos and lead training, engineering controls, and certifications. The applicant shall submit the work plan to the City for review and approval. The City has the right to defer the work plan to the Santa Clara County Department of Environmental Health for additional review. The following measures shall be included in the work plan:
• During demolition activities, all building materials containing lead-based paint shall be removed in accordance with Cal/OSHA Lead in Title 8, California Code of Regulations (CCR), Section 1532.1, including employee training, employee air monitoring, and dust control. Any debris or soil containing lead-based paint or coatings shall be disposed of at landfills that meet acceptance criteria for the type of lead being disposed.
• All potentially friable asbestos containing materials (ACMs) shall be removed in accordance with National Emission Standards for Air Pollution (NESHAP) guidelines prior to demolition or renovation activities that may disturb ACMs. All demolition activities shall be undertaken in accordance with Cal/OSHA standards contained in Title 8, CCR, Section 1529, to protect workers from asbestos

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exposure.
• A registered asbestos abatement contractor shall be retained to remove and dispose of ACMs identified in the asbestos survey performed for the site in accordance with the standards stated above.
• Materials containing more than one-percent asbestos are also subject to Bay Area Air Quality Management District (BAAQMD) regulations. Removal of materials containing more than one-percent asbestos shall be completed in accordance with BAAQMD requirements and notifications.
• Based on Cal/OSHA rules and regulations, the following conditions are required to limit impacts to construction workers.
• Prior to commencement of demolition activities, a building survey, including sampling and testing, shall be completed to identify and quantify building materials containing lead-based paint.
• During demolition activities, all building materials containing lead-based paint shall be removed in accordance with Cal/OSHA Lead in Construction Standard, Title 8, CCR, Section 1532.1, including employee training, employee air monitoring and dust control.
• Any debris or soil containing lead-based paint or coatings shall be disposed of at landfills that meet acceptance criteria for the type of waste being disposed.

MM HAZ-2.7: Prior to issuance of a grading permit, the project applicant shall research well records from Valley Water and attempt to locate abandoned wells at the site. The project applicant or contractor shall contact Valley Water's Wells Hotline immediately to assist in the identification of abandoned/unregistered wells or structures and help determine the appropriate means of addressing them. If the wells are identified, or subsequently encountered during earthwork activities, the wells shall be properly destroyed in accordance with Valley Water Ordinance 90-1. If septic systems are encountered during earthwork activities, those systems shall be abandoned in accordance with SCCDEH requirements.

Finding: The project site was used for agricultural purposes until 2019. Sampling at the site was completed to determine if shallow soils had been impacted by organochlorine pesticides, arsenic, and lead in September 2018. The results showed organochlorine pesticides such as chlordane, p,p-DDD, p,p-DDE, and p,p-DDT, were detected below the regulatory environmental screening levels (ESLs). Arsenic was detected at concentrations below background levels. Therefore, the presence of organochlorine pesticides and arsenic on-site is not a recognized environmental condition. Lead was detected in samples near the on-site residence and barn structure, therefore, in October 2018, additional sampling for lead was completed around the residence and ancillary barn structure. Since the lead-impacted soil remains on-site, this is considered a recognized environmental condition. Impacted soils could be released into the environment during project construction and could expose construction workers and nearby land uses, resulting in a significant impact.

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In addition, the on-site residence and associated barn structure were constructed prior to 1978 and could contain lead-based paint and asbestos-containing materials. Demolition of the existing buildings on site could expose construction workers and nearby residents to asbestos or lead. One water well and septic system were located on-site during a site reconnaissance in 2018. The water supply well and septic systems on the site will be abandoned. Improper abandonment of the well and septic system could lead to a recognized environmental condition by potentially exposing construction workers, neighboring uses, and the environment to hazardous materials.

Mitigation measures MM HAZ-2.1 through MM HAZ-2.5 require the project applicant shall enter into the Santa Clara County Department of Environmental Health’s (SCCDEH) Voluntary Cleanup Program (VCP), or equivalent, to formalize regulatory oversight of the mitigation of contaminated soil, complete a Removal Action Plan, Soil Mitigation Plan, or other similarly titled report, complete a Site Management Plan and Health and Safety Plan, and excavate lead-impacted soils near the on-site residence and barn structure. Mitigation measure MM HAZ-2.6 requires removal asbestos-containing materials and/or leadcontaining materials to be in accordance with current California Occupational Health and Safety (Cal-OSHA) Administration regulations and disposal of these materials in accordance with all CalEPA regulations. Mitigation measure HAZ-2.7 requires wells on-site to be abandoned in accordance with Valley Water and the Santa Clara County Department of Environmental Health requirements. Implementation of MM HAZ-2.1 through MM HAZ2.7 would reduce the project’s hazardous materials impacts to less than significant.

E. MITIGATION MONITORING AND REPORTING PROGRAM
When making findings, the lead agency must adopt a reporting or monitoring program for the mitigation measures it has adopted or made a condition of project approval to mitigate or avoid significant effects on the environment. The City hereby adopts the MMRP for the project, included as Attachment A to these findings. The mitigation measures identified in the Final EIR and adopted and incorporated into the project will be monitored pursuant to this program.

F. ALTERNATIVES
Pursuant to CEQA Guidelines Section 15126.6, the EIR examined a range of reasonable alternatives to the proposed project that would attain most of the basic project objectives but would avoid or substantially lessen the significant adverse impacts. The City has reviewed the impacts associated with each alternative as compared with the proposed project, and has also considered each alternative’s feasibility, considering a range of economic, environmental, social, and legal factors. Overall, the City concludes that the No Project Alternative would be the environmentally superior alternative. However, pursuant to CEQA Guidelines Section 15126.6(e)(2), if the No Project Alternative/No Development Alternative is determined to be environmentally superior, the EIR shall also identify an environmentally superior alternative among the other alternatives. The alternatives considered by the City are summarized as follows.

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No Project Alternative/No Development Alternative: Under the No Project Alternative, existing site conditions would be maintained and returned to active agricultural uses, and thereby avoid all of the project’s environmental impacts, including the significant unavoidable impacts related to agriculture (conversion of Prime Farmland) and residential VMT. Project impacts that would be less than significant with mitigation measures, including biological resources, cultural resources, greenhouse gas emissions, and hazardous materials impacts, would also be avoided under the No Project Alternative. The No Project Alternative is an environmentally superior alternative to the proposed project. Because the No Project Alternative would not result in any new development on the site, this alternative would avoid all environmental impacts of the project. This alternative would not, however, meet any of the applicant’s project objectives and it would not implement the site’s General Plan land use designation, which is Residential Attached Low (six to 16 du/ac). Therefore, this alternative is rejected.

No Project – Existing General Plan/Zoning Development Alternative: The General Plan EIR assumes that the project site will be developed in conformance with the existing General Plan designation of Residential Attached Low (six to 16 du/ac), with approximately 345 residential units, based on the site acreage. The project proposes to construct a total of 269 residential units (149 condominiums, 64 duet units, and 56 single-family attached units) consistent with the site’s existing General Plan Land Use Designation and zoning district of Residential Attached Low Density. When compared to the proposed project, the No Project/Existing Plan Alternative would potentially result in more residential development on the site, and result in 718 more daily trips, 56 more AM peak hour trips, and 76 more PM peak hour trips. Given the increase vehicle traffic, the No Project/Existing Plan alternative would slightly increase roadway traffic noise.

This alternative would also increase the number of residents by approximately 236 compared to the proposed project. As a result, this alternative has greater impacts on water, sanitary sewer, and solid waste facilities. The No Project/Existing General Plan/Zoning Alternative would result in the same significant and unavoidable VMT as the proposed project given VMT impacts are assessed using a per capita threshold. The No Project - Existing General Plan/Zoning Alternative could achieve all of the project objectives including providing market-rate and below-market rate housing, implementing improvements to provide private vehicular and pedestrian circulation, and increase passive and active open space throughout the project site. However, this alternative would not be the environmentally superior alternative given it would increase the severity of most operational impacts and would avoid none of the project’s significant impacts. Therefore, this alternative is rejected.

Reduced Footprint: Agricultural Preservation Alternative: The purpose of the Reduced Footprint Agricultural Preservation alternative is to reduce the identified impacts to agricultural resources. The site consists of approximately 16 acres of Prime Farmland (western portion of the site) and 17 acres of Grazing Land (eastern portion of the site). Reducing the footprint of the site so that the residential development is only on the eastern portion of the site (Grazing Land) and retaining the western 16 acres of Prime Farmland for agriculture would avoid the significant impact to Prime Farmland. The project’s footprint would be reduced by approximately 50

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percent and the number of residences would be reduced to approximately 135 units.

This alternative would avoid significant impacts to Prime Farmland. The proposed project would result in a significant and unavoidable VMT impact with and without mitigation, given VMT impacts are assessed using a per capita threshold (27.41 VMT per capita without mitigation,

27.37 VMT per capita with mitigation that includes issuance of transit passes to project owners, and 24.37 VMT per capita regardless of the extent of VMT reduction measures implemented, while the threshold is 20.94). Given the significant and unavoidable VMT impact is based on the location of the site (e.g., lack of jobs and transit in the City), this alternative would also result in a significant unavoidable VMT impact, as the units developed on the portion of the site mapped as less important Grazing Land would still have high VMT per capita due to the site location. Reducing the project footprint and number of units by half would not affect the per capita GHG emissions, which would continue to require mitigation to be reduced below the applicable threshold. Given the alternative would reduce the number of residents by half, the water and wastewater, and solid waste demands would be lower than the proposed project’s demands by approximately half as well. This alternative would result in reduced operational criteria pollutant emissions due to less trips generated from the site. Given the smaller project may result in a shorter construction period, construction noise impacts to nearby residents would be reduced, however, the construction noise mitigation measures would still be required. The Reduced Footprint Agricultural Preservation Alternative would avoid the significant and unavoidable impact to agricultural resources but would not avoid the significant and unavoidable VMT impact. This alternative could meet most of the project objectives, however, by only achieving half of the proposed housing units, this alternative would not achieve the project objective of providing market-rate and below-market rate (BMR) housing, as envisioned in the City of Morgan Hill General Plan, to the same degree as the project. Therefore, this alternative is rejected.

G. RECIRCULATION NOT REQUIRED
No new or substantial changes to the EIR were proposed as a result of the public comment process. The Final EIR responds to comments and makes only minor technical changes, clarifications or additions to the EIR. The minor changes, clarifications, and additions to the EIR do not identify any new significant impacts or substantial increase in the severity of any environmental impacts. Therefore, recirculation of the EIR is not required.

H. RECORD OF PROCEEDINGS
Various documents and other materials constitute the record of proceedings upon which the City base their findings and decisions contained herein. Documents related to this proposed project are located in the City of Morgan Hill Development Services, 17575 Peak Avenue, Morgan Hill, California 95037.

I. STATEMENT OF OVERRIDING CONSIDERATIONS

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CEQA requires the decision-making agency to balance the benefits of a project against its significant and unavoidable impacts when determining whether to approve a project. If the benefits of the project outweigh its unavoidable adverse environmental effects, those effects may be considered acceptable (CEQA Guidelines Section 15093(a)). CEQA requires the agency to state in writing the specific reasons for considering a project acceptable when significant impacts are not avoided or substantially lessened. Those reasons must be based on substantial evidence in the Final EIR or elsewhere in the administrative record (CEQA Guidelines Section 15093(b)).

The proposed project would result in significant and unavoidable impacts related to agricultural and forestry resources, even after incorporation of mitigation measures MM AG-1.1 and MM AG1.2, which require a minimum of one acre of agricultural land (1:1 mitigation ratio) to be preserved for each acre of agricultural land changed to a non-agricultural use and acquisition and/or dedication of agricultural conservation easements over approved agricultural mitigation land, or payment to the City of the agricultural preservation in-lieu fee, and VMT, even after incorporation of Mitigation Measure MM TRN-2.1, which requires a financial contribution to the City’s on-site demand rideshare service or issuance of transit passes to residents.

The City adopts and makes this Statement of Overriding Considerations regarding the significant unavoidable impacts of the project and the anticipated benefits of the project. The City finds that the project’s benefits of providing housing, including BMR units, outweighs the project’s significant unavoidable environmental effects.

On balance, the City finds that there are specific considerations associated with the project that serve to override and outweigh the project’s significant unavoidable effects. Therefore, pursuant to CEQA Guidelines Section 15093(b), these adverse effects are considered acceptable.

J. SUBSTANTIAL EVIDENCE SUPPORTING FINDINGS
Substantial evidence supporting each and every finding made herein is contained in the Final EIR and record of proceedings. Omission of reference in these findings to any evidence in the EIR and/or record of proceedings is not intended to exclude that evidence as supporting these findings.

In making these findings, the City Council has relied upon the expertise of a variety of independent technical and professional consultants to the City, and the expertise of the City's Staff. The City Council has also carefully considered the evidence submitted by property owners and other interested agencies and individuals. To the extent that evidence consists of expert opinions that differ from the opinions of the City's outside consultants and Staff, at most it represents a disagreement of experts, which is adequately reviewed in the EIR.

Based on its review, the City Council has determined that the opinions of its outside consultants and Staff are valid and are hereby accepted. In some instances, the City Council has also relied on the expertise of other agencies who have provided comments on the Draft EIR and other actions related to the Project. To the extent that alternatives or mitigation measures were

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proposed by other agencies or interested persons that differ from the mitigation adopted herein, the City Council specifically rejects these proposals based on the substantial evidence in the record supporting the mitigation adopted as sufficient and necessary to mitigate impacts to a less than significant level or to the level that the impacts can feasibly be mitigated.

ATTACHMENT "A"

MITIGATION MONITORING AND REPORTING PROGRAM
Crosswinds Residential Project
File Numbers: EA2020-0007, SD2020-0003, and
SR2020-0010: Half – Dividend (Crosswinds)
May 3, 2023

City of Morgan Hill
Resolution No. 23-xxx

PREFACE
Section 21081.6 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the monitoring and reporting program is to ensure compliance with the mitigation measures during project implementation.

The Environmental Impact Report (EIR) prepared for the Crosswinds Residential Project concluded that the implementation of the project could result in significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval. This MMRP addresses those measures in terms of how and when they will be implemented.

This document does not discuss those subjects for which the EIR concluded that the impacts from implementation of the project would be less than significant.

I, , the applicant, on the behalf of , hereby agree to fully implement the Mitigation Measures described below which have been developed in conjunction with the preparation of an EIR for my proposed project. I understand that these mitigation measures or substantially similar measures will be adopted as conditions of approval with my development permit request to avoid or significantly reduce potential environmental impacts to a less than significant level, where feasible.

Project Applicant’s Signature _____________________________________________ Date ___________________________________________________________

City of Morgan Hill
Resolution No. 23-xxx

Page | 27 File Nos. EA2020-0007, SD2020-0003, and
SR2020-0010: Half – Dividend (Crosswinds)
Crosswinds Residential Project
File Nos. EA2020-0007, SD2020-0003, and
SR2020-0010: Half – Dividend (Crosswinds)

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation

AGRICULTURAL RESOURCES
Impact AG-1: The project would convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use. (Significant and Unavoidable Impact with Mitigation Incorporated)
MM AG-1.1: A minimum of one acre of
agricultural land (1:1 mitigation ratio) shall
be preserved for each acre of agricultural
land changed to a non-agricultural use. The
required acreage of area to be protected
through an agricultural conservation
easement or agricultural preservation in-lieu
fee will depend on the measurement of
affected area. The 16 acres of Prime
Farmland will be used for calculating the
required mitigation.

To be implemented by the
project applicant prior to
issuance of any grading and/or
building permit.

All measures will be
required as part of the
development permit. All
measures will be printed on
all construction documents,
contracts, and project plans
prior to issuance of any
grading and/or building
permits.

Director of Development
Services Department.

MM AG-1.2: Conversion of agricultural land
shall require off-setting acquisition and/or
To be implemented by the
project applicant prior to
All measures will be
required as part of the
Director of Development
Services Department.

City of Morgan Hill
Resolution No. 23-xxx

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation dedication of agricultural conservation
easements over approved agricultural
mitigation land, or payment to the City of the
agricultural preservation in-lieu fee, to
support agricultural preservation activities.

Developer acquisition/dedication of
easements shall require the project to pay
an agricultural lands preservation program
stewardship fee to cover administrative
costs and ongoing management and
monitoring of the easements. Agricultural
mitigation fees shall be required prior to the
acceptance of a final parcel or subdivision
map, or prior to issuance of building or
grading permits. Easement dedication is
required prior to issuance of building
permits.
issuance of any grading and/or
building permit.
development permit. All
measures will be printed on
all construction documents,
contracts, and project plans
prior to issuance of any
grading and/or building
permits.

BIOLOGICAL RESOURCES
Impact BIO-1: The project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS. (Less than Significant Impact with Mitigation Incorporated)
MM BIO-1.1: Construction shall be
scheduled to avoid the nesting season. If
construction can be scheduled to occur
between September 1st and January 31st
(inclusive) to avoid the raptor nesting
season, no impacts will be expected. If
To be implemented by qualified
biologist prior to issuance of any
grading and/or building permit.

All measures will be
required as part of the
development permit. All
measures will be printed on
all construction documents,
contracts, and project plans
Director of Development
Services Department.

City of Morgan Hill
Resolution No. 23-xxx

Page | 29 File Nos. EA2020-0007, SD2020-0003, and
SR2020-0010: Half – Dividend (Crosswinds)

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation construction will take place between
February 1st and August 31st, then preconstruction surveys for nesting birds shall be completed by a qualified ornithologist to
ensure that no nests will be disturbed during
project implementation. Performance of the
required surveys for construction occurring
between February 1st and August 31st will
ensure that impacts to nesting raptors are
reduced to less than significant. Surveys will
be completed within 30 days of the on-set of
site clearing or construction activities. During
this survey, the ornithologist will inspect all
trees and other potential nesting habitats
(e.g., trees, shrubs, buildings) onsite trees
as well as all trees within 250 feet of the site
for nests. The pre-construction survey shall
be submitted to the City’s Development
Services Director or the Director’s designee
for review prior to tree removals or issuance
of a grading permit.
prior to issuance of any
grading and/or building
permits.

MM BIO-1.2: If an active nest is found
sufficiently close to work areas to be
disturbed by these activities, the
ornithologist will determine the extent of a
disturbance-free buffer zone to be
To be implemented by qualified
biologist prior to issuance of any
grading and/or building permit.

All measures will be
required as part of the
development permit. All
measures will be printed on
all construction documents,
Director of Development
Services Department.

City of Morgan Hill
Resolution No. 23-xxx

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation established around the nest (typically 250
feet for raptors and 50-100 feet for other
species) that will remain off limits to
construction until the nesting season is over,
to ensure that no nests of species protected
by the Migratory Bird Treaty Act and
California Fish and Wildlife Code will be
disturbed during project implementation. A
report indicating the result of the survey and
any designated buffer zones shall be
submitted to the satisfaction of the City’s
Development Services Director or Director’s
designee prior to issuance of a grading
permit.
contracts, and project plans
prior to issuance of any
grading and/or building
permits.

Impact BIO-5: The project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. (Less than Significant Impact with Mitigation Incorporated) MM BIO-5.1: The project applicant shall
comply with local ordinances and submit
permit applications for removal, trimming,
damage, or relocation of all trees covered by
the City ordinance. Any trees to be removed
shall require replacement at a two-to-one
ratio on a comparable ratio of size. The
replacement trees shall be planted on site to
the extent feasible and the project proponent
shall comply with all other replacement
requirements imposed by the City. Prior to
tree removal, the project applicant shall
To be implemented by the
project applicant prior to
issuance of any grading and/or
building permit.

All measures will be
required as part of the
development permit. All
measures will be printed on
all construction documents,
contracts, and project plans
prior to issuance of any
grading and/or building
permits.

Director of the Development
Services Department.

City of Morgan Hill
Resolution No. 23-xxx

Page | 31 File Nos. EA2020-0007, SD2020-0003, and
SR2020-0010: Half – Dividend (Crosswinds)

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation apply for a tree removal permit, which will be
reviewed by the City’s Development
Services Director or Director’s designee.

CULTURAL RESOURCES
Impact CUL-2: Demolition and construction activities on the project site could unearth sensitive archaeological resources. (Less than Significant Impact with Mitigation Incorporated)
MM CUL-2.1: A moderate potential exists
for unrecorded historic-period archaeological
resources to be within the project area. The
developer shall enter into written contracts
with an archaeologist and the Tamien Nation
Tribe, and pay all fees associated with the
activities required by this Mitigation
Measure. The following policies and
procedures for treatment and disposition of
inadvertently discovered human remains or
archaeological materials shall apply:
(a) Prior to the start of grading or
earthmoving activity (includes demolition
and moving of heavy equipment on site) on
the “first day of construction,” the
archaeologist and Tribal Monitor shall hold a
pre-construction meeting for the purposes of
To be implemented by a
qualified archaeologist during
project demolition, grading, and
construction activities.

All measures will be
required as part of the
development permit. All
measures will be printed on
all construction documents,
contracts, and project plans
prior to issuance of any
grading and/or building
permits.

Director of Development
Services Department.

City of Morgan Hill
Resolution No. 23-xxx

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation “cultural sensitivity training” with the general
contractor or subcontractors.
(b) A Tamien Nation Tribal Monitor shall be
present on-site to monitor all grounddisturbing activities and an archaeologist shall be on-call. Where historical or
archaeological artifacts are found, work in
areas where remains or artifacts are found
will be restricted or stopped until proper
protocols are met, as described below:

1. Work at the location of the find shall halt
immediately within 50 feet of the find. If an
archaeologist is not present at the time of
the discovery, the applicant shall contact an
archaeologist for evaluation of the find to
determine whether it qualifies as a unique
archaeological resource as defined by this
chapter.

2. If the find is determined not to be a
Unique Archaeological resource,
construction can continue. The
archaeologist shall prepare a brief informal
memo/letter in collaboration with a tribal
representative that describes and assesses
the significance of the resource, including a

City of Morgan Hill
Resolution No. 23-xxx

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SR2020-0010: Half – Dividend (Crosswinds)

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation discussion of the methods used to
determine significance for the find.

3. If the find appears significant and to
qualify as a unique archaeological resource,
the archaeologist shall determine if the
resource can be avoided and shall detail
avoidance procedures in a formal
memo/letter.

4. If the resource cannot be avoided, the
archaeologist in collaboration with a tribal
representative shall develop within fortyeight hours an action plan to avoid or minimize impacts. The field crew shall not
proceed until the action plan is approved by
the City’ Development Services Director or
Director’s designee. The action plan shall be
in conformance with California Public
Resources Code 21083.2. An archaeologist
shall be on-call during ground disturbing
activities. Where historical or archaeological
artifacts are found, work in areas where
remains or artifacts are found will be
restricted or stopped until proper protocols
are met, as described below.

City of Morgan Hill
Resolution No. 23-xxx

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation (c) The following policies and procedures for
treatment and disposition of inadvertently
discovered human remains or
archaeological materials shall apply. If
human remains are discovered, it is
probable they are the remains of Native
Americans.

1. If human remains are encountered, they
shall be treated with dignity and respect as
due to them. Discovery of Native American
remains is a very sensitive issue and serious
concern. Information about such a discovery
shall be held in confidence by all project
personnel on a need-to-know basis. The
rights of Native Americans to practice
ceremonial observances on sites, in labs,
and around artifacts shall be upheld.

2. Remains should not be held by human
hands. Surgical gloves should be worn if
remains need to be handled.

3. Surgical masks should also be worn to
prevent exposure to pathogens that may be
associated with the remains.

City of Morgan Hill
Resolution No. 23-xxx

Page | 35 File Nos. EA2020-0007, SD2020-0003, and
SR2020-0010: Half – Dividend (Crosswinds)

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation (d) In the event that known or suspected
Native American remains are encountered,
or significant historic or archaeological
materials are discovered, ground-disturbing
activities shall be immediately stopped.

Examples of significant historic or
archaeological materials include, but are not
limited to, concentrations of historic artifacts
(e.g., bottles, ceramics) or prehistoric
artifacts (chipped chert or obsidian, arrow
points, ground stone mortars and pestles),
culturally altered ash stained midden soils
associated with pre-contact Native American
habitation sites, concentrations of firealtered rock and/or burned or charred organic materials and historic structure
remains such as stone lined building
foundations, wells, or privy pits. Grounddisturbing project activities may continue in other areas that are outside the exclusion
zone as defined below.
(e) An “exclusion zone” where unauthorized
equipment and personnel are not permitted
shall be established (e.g., taped off) around
the discovery area plus a reasonable buffer

City of Morgan Hill
Resolution No. 23-xxx

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation zone by the contractor foreman or
authorized representative, or party who
made the discovery and initiated these
protocols, or if on-site at the time of
discovery, by the monitoring archaeologist
and tribal representative (typically 25 to 50
feet for single burial or archaeological finds).
(f) The discovery locale shall be secured
(e.g., 24-hour surveillance) as directed by
the City or County Coroner if considered
prudent to avoid further disturbances.
(g) The contractor foreman or authorized
representative, or party who made the
discovery and initiated these protocols shall
be responsible for immediately contacting by
telephone the parties listed below to report
the find and initiate the consultation process
for treatment and disposition:
• The City of Morgan Hill Development
Services Director (408) 779-7247
• The Contractor’s Point(s) of Contact
• The Coroner of the County of Santa Clara
(if human remains found) (408) 793-1900
• The Native American Heritage
Commission (NAHC) in Sacramento (916)
653-4082

City of Morgan Hill
Resolution No. 23-xxx

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SR2020-0010: Half – Dividend (Crosswinds)

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation • The Amah Mutsun Tribal Band (916) 481-
5785 (H) or (916) 743-5833 (C)
• The Tamien Nation (707) 295-4011
(office) and (925) 336-5359 (THPO)
(h) The Coroner has two working days to
examine the remains after being notified of
the discovery. If the remains are Native
American, the Coroner has 24 hours to
notify the NAHC.
(i) The NAHC is responsible for identifying
and immediately notifying the Most Likely
Descendant (MLD). (Note: NAHC policy
holds that the Native American Monitor will
not be designated as the MLD).
(j) Within 24 hours of their notification by the
NAHC, the MLD will be granted permission
to inspect the discovery site if they so
choose.
(k) Within 24 hours of their notification by the
NAHC, the MLD may recommend to the
City’s Development Services Director or

City of Morgan Hill
Resolution No. 23-xxx

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation Director’s designee, the recommended
means for treating or disposing, with
appropriate dignity, the human remains and
any associated grave goods. The
recommendation may include the scientific
removal and non-destructive or destructive
analysis of human remains and items
associated with Native American burials.

Only those osteological analyses or DNA
analyses recommended by the appropriate
tribe may be considered and carried out.
(l) If the MLD recommendation is rejected by
the City of Morgan Hill, the parties will
attempt to mediate the disagreement with
the NAHC. If mediation fails, then the
remains and all associated grave offerings
shall be reburied with appropriate dignity on
the property in a location not subject to
further subsurface disturbance.

MM CUL-2.2: The project applicant shall
note on any plans that require ground
disturbing excavation that there is a potential
for exposing buried cultural resources
including prehistoric Native American
burials. Any archaeological site information
supplied to the Contractor Foreman or
authorized representative shall be
considered confidential. Information on the
To be implemented by the
project applicant prior to
issuance of any grading and/or
building permit.

All measures will be
required as part of the
development permit. All
measures will be printed on
all construction documents,
contracts, and project plans
prior to issuance of any
Director of Development
Services Department.

City of Morgan Hill
Resolution No. 23-xxx

Page | 39 File Nos. EA2020-0007, SD2020-0003, and
SR2020-0010: Half – Dividend (Crosswinds)

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation project plans shall be verified by the City’s
Development Services Director or Director’s
designee prior to issuance of a grading
permit or any building permit.
grading and/or building
permits.

GREENHOUSE GAS EMISSIONS
Impact GHG-1: The project would generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment. (Less than Significant Impact with Mitigation Incorporated) MM GHG-1.1: The project applicant shall
develop a GHG reduction plan to reduce
GHG emissions in the build-out year by 206
MT/year prior to issuance of a grading
permit and to the satisfaction of the City’s
Development Services Director or Director’s
designee. These reductions shall be kept in
place by the project until the City adopts a
qualified GHG reduction plan (consistent
with CEQA Guidelines Section 15183.5) that
contains goals and associated strategy to
decrease emissions in a manner consistent
with meeting the State’s interim 2030 GHG
emissions reduction target of 40 percent
below 1990 levels.

To be implemented by the
project applicant prior to
issuance of any grading and/or
building permit.

All measures will be
required as part of the
development permit. All
measures will be printed on
all construction documents,
contracts, and project plans
prior to issuance of any
grading and/or building
permits.

Director of Development
Services Department.

City of Morgan Hill
Resolution No. 23-xxx

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation MM GHG-1.2: A combination of the GHG
reduction elements listed below would
reduce project GHG impacts. The project
applicant shall implement some or all of the
following elements to further reduce GHG
emission from operation of the project and
the service population efficiency metric such
that the metric would be below the
significance threshold. The GHG reduction
elements to be included within the project
shall be verified prior to the issuance of a
building permit and shall be to the
satisfaction of the City’s Development
Services Director or Director’s designee.
• Prior to issuance of any building permits,
the project applicant shall submit a
Transportation Demand Management
(TDM) Plan, which would include
measures to reduce vehicle miles traveled
(VMT) and GHG emissions, to the City’s
Development Services Director or
Director’s designee;
• The TDM Plan shall be implemented by
the Homeowners Association (HOA) once
the proposed residences are occupied.
• The project applicant shall install solar
power systems or other renewable electric
generating systems that provide electricity
To be implemented by the
project applicant prior to
issuance of any grading and/or
building permit and prior to
occupancy of the project.

All measures will be
required as part of the
development permit. All
measures will be printed on
all construction documents,
contracts, and project plans
prior to issuance of any
grading and/or building
permits.

Director of Development
Services Department.

City of Morgan Hill
Resolution No. 23-xxx

Page | 41 File Nos. EA2020-0007, SD2020-0003, and
SR2020-0010: Half – Dividend (Crosswinds)

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation to power on-site equipment and possibly
provide excess electric power;
• The project applicant shall provide
infrastructure for electric vehicle charging
for residential units (i.e., provide 220 VAC
power); and,
• The project applicant shall increase water
conservation above state average
conditions for residential uses by installing
low flow water utilities and irrigation.

MM GHG-1.3: The project applicant shall
purchase verifiable carbon emission offsets
through a verified registry for remaining
amount of GHG reduction required, after
exhausting on-site reduction options prior to
issuance of a building permit. Offsets shall
be determined by calculating the total
estimated number of GHG emissions the
project would create over a 30-year period,
and purchasing verifiable offsets based on
the calculated number of GHG emissions.

To be implemented by the
project applicant prior to
issuance of any grading and/or
building permit.

All measures will be
required as part of the
development permit. All
measures will be printed on
all construction documents,
contracts, and project plans
prior to issuance of any
grading and/or building
permits.

Director of Development
Services Department.

HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-2: The project would create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. (Less than Significant Impact with Mitigation Incorporated)

City of Morgan Hill
Resolution No. 23-xxx

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation MM HAZ-2.1: Since lead-impacted soils are
determined to be present in concentrations
above established regulatory environmental
screening levels, the project applicant shall
enter into the Santa Clara County
Department of Environmental Health’s
(SCCDEH) Voluntary Cleanup Program
(VCP), or equivalent, to formalize regulatory
oversight of the mitigation of contaminated
soil to ensure the site is safe for construction
workers and the public after development.

The project applicant responsible for the
contaminated area of the site shall remove
contaminated soil to levels acceptable to the
SCCDEH (or equivalent oversight agency)
for residential exposure prior to issuance of
any grading permits.

To be implemented by the
project applicant prior to
issuance of any grading and/or
building permit.

All measures will be
required as part of the
development permit. All
measures will be printed on
all construction documents,
contracts, and project plans
prior to issuance of grading
permits.

Santa Clara County
Department of Environmental
Health and Director of the
Development Services
Department
MM HAZ-2.2: A Removal Action Plan, Soil
Mitigation Plan or other similarly titled report
describing the remediation shall be prepared
and implemented to document the removal
and /or capping of contaminated soil. Prior
to issuance of any grading permits, a copy
of any reports prepared shall be submitted
to the Development Services Director or
Director’s designee. All work and reports
produced shall be performed under the
regulatory oversight and approval of the
SCCDEH (or equivalent oversight agency).

To be implemented by the
project applicant prior to
issuance of any grading and/or
building permit.

All measures will be
required as part of the
development permit. All
measures will be printed on
all construction documents,
contracts, and project plans
prior to issuance of grading
permits.

Santa Clara County
Department of Environmental
Health and Director of the
Development Services
Department

City of Morgan Hill
Resolution No. 23-xxx

Page | 43 File Nos. EA2020-0007, SD2020-0003, and
SR2020-0010: Half – Dividend (Crosswinds)

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation MM HAZ-2.3: The project applicant shall
prepare a Site Management Plan (SMP)
prior to issuance of any grading permits to
reduce or eliminate exposure risk to human
health and the environment, specifically,
potential risks associated with the presence
of organochlorine pesticides and pesticidebased metals. The SMP shall include, but is not limited to, the following elements to
mitigate potential risks associated with
environmental conditions:
• Procedures for transporting and disposing
the waste material generated during
removal activities, if such transport and
disposal is necessary;
• Procedures for stockpiling soil on-site if
such stockpiling is necessary;
• Provisions for collecting soil samples to
prior to grading activities;
• Provisions for confirmation soil sampling
as appropriate to obtain a “No Further
Action” letter (or equivalent) from the state
and/or local agency assuming oversight
for the site;
To be implemented by the
project applicant prior to
issuance of any grading and/or
building permit.

All measures will be
required as part of the
development permit. All
measures will be printed on
all construction documents,
contracts, and project plans
prior to issuance of grading
permits.

Santa Clara County
Department of Environmental
Health and Director of the
Development Services
Department

City of Morgan Hill
Resolution No. 23-xxx

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation • Procedures to ensure that fill and cap
materials are verified as clean truck
routes;
• Staging and loading procedures and
record keeping requirements.

The SMP shall reference the Storm Water
Pollution Prevention Plan (SWPPP) required
for the project in accordance with the
Construction General Permit Order issued
by the California State Water Resources
Control Board. The SMP shall be submitted
to the Santa Clara County Department of
Environmental Health (SCCDEH), or
equivalent regulatory agency, for review and
approval. Copies of the approved SMP shall
be provided to the City’s Development
Services Department prior to issuance of
any grading permits.

MM HAZ-2.4: All contractors and
subcontractors at the project site shall
develop a health and safety plan (HSP)
specific to their scope of work and based
upon the known environmental conditions
for the site. Each Health and Safety plan
shall be implemented under the direction of
a Site Safety and Health Officer. The Health
and Safety Plan shall include, but not limited
to, the following elements, as applicable:

To be implemented by the
project applicant prior to
issuance of any grading and/or
building permit.

All measures will be
required as part of the
development permit. All
measures will be printed on
all construction documents,
contracts, and project plans
prior to issuance of grading
permits.

Santa Clara County
Department of Environmental
Health and Director of the
Development Services
Department

City of Morgan Hill
Resolution No. 23-xxx

Page | 45 File Nos. EA2020-0007, SD2020-0003, and
SR2020-0010: Half – Dividend (Crosswinds)

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation • Provisions for personal protection and
monitoring exposure to construction
workers;
• Procedures to be undertaken in the event
that contamination is identified above
action levels or previously unknown
contamination is discovered;
• Procedures for the safe storage,
stockpiling, and disposal of contaminated
soils;
• Provisions for the on-site management
and/or treatment of contaminated
groundwater during extraction or
dewatering activities;
• Emergency procedures and responsible
personnel.

The HSP shall be submitted to the Santa
Clara County Department of Environmental
Health (SCCDEH), or equivalent regulatory
agency, for review and approval. Copies of
the approved HSP shall be provided to the
City’s Development Services Department
prior to issuance of any grading permits.

City of Morgan Hill
Resolution No. 23-xxx

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation MM HAZ-2.5: Prior to issuance of any
grading permits, the project applicant shall
excavate lead-impacted soils identified at
sample location SS-R-17B (near the singlefamily residence and barn structure) to a depth of at least 2.5 below the ground. The
soil shall be properly disposed of in
accordance with state and SCCDEH and
California Code of Regulations, Title 8 waste
disposal requirements. The SCCDEH (or
equivalent oversight agency) may also
approve leaving in-place some of the
contaminated soil if the contaminated soil
will be buried under hardscape and/or
several feet of clean soil and not at risk of
being encountered by future site users or
nearby residents.

To be implemented by the
project applicant prior to
issuance of any grading and/or
building permit.

All measures will be
required as part of the
development permit. All
measures will be printed on
all construction documents,
contracts, and project plans
prior to issuance of grading
permits.

Santa Clara County
Department of Environmental
Health and Director of the
Development Services
Department
MM HAZ-2.6: Prior to issuance of a
demolition permit for on-site structures, the
project applicant shall consult with certified
Asbestos and/or Lead Risk Assessors to
complete and submit for review to the
Building Department an asbestos and lead
survey. If asbestos-containing materials or
lead-containing materials are not discovered
during the survey, further mitigation related
to asbestos-containing materials or leadcontaining materials shall not be required. If asbestos containing materials and/or leadTo be implemented by the project applicant prior to
issuance of any grading and/or
building permit.

All measures will be
required as part of the
development permit. All
measures will be printed on
all construction documents,
contracts, and project plans
prior to issuance of grading
permits.

Santa Clara County
Department of Environmental
Health and Director of the
Development Services
Department

City of Morgan Hill
Resolution No. 23-xxx

Page | 47 File Nos. EA2020-0007, SD2020-0003, and
SR2020-0010: Half – Dividend (Crosswinds)

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation containing materials are discovered by the
survey, the project applicant shall prepare a
work plan to demonstrate how the on-site
asbestos-containing materials and/or leadcontaining materials shall be removed in accordance with current California
Occupational Health and Safety (Cal-OSHA)
Administration regulations and disposed of
in accordance with all CalEPA regulations,
prior to the demolition and/or removal of the
on-site structures. The plan shall include the
requirement that work shall be conducted by
a Cal-OSHA registered asbestos and lead
abatement contractor in accordance with
Title 8 CCR 1529 and Title 8 CCR 1532.1
regarding asbestos and lead training,
engineering controls, and certifications. The
applicant shall submit the work plan to the
City for review and approval. The City has
the right to defer the work plan to the Santa
Clara County Department of Environmental
Health for additional review. The following
measures shall be included in the work plan:
• During demolition activities, all building
materials containing lead-based paint
shall be removed in accordance with

City of Morgan Hill
Resolution No. 23-xxx

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation Cal/OSHA Lead in Title 8, California Code
of Regulations (CCR), Section 1532.1,
including employee training, employee air
monitoring, and dust control. Any debris
or soil containing lead-based paint or
coatings shall be disposed of at landfills
that meet acceptance criteria for the type
of lead being disposed.
• All potentially friable asbestos containing
materials (ACMs) shall be removed in
accordance with National Emission
Standards for Air Pollution (NESHAP)
guidelines prior to demolition or
renovation activities that may disturb
ACMs. All demolition activities shall be
undertaken in accordance with Cal/OSHA
standards contained in Title 8, CCR,
Section 1529, to protect workers from
asbestos exposure.
• A registered asbestos abatement
contractor shall be retained to remove and
dispose of ACMs identified in the
asbestos survey performed for the site in
accordance with the standards stated
above.
• Materials containing more than onepercent asbestos are also subject to Bay Area Air Quality Management District
(BAAQMD) regulations. Removal of
materials containing more than onePage 366 of 469
City of Morgan Hill
Resolution No. 23-xxx

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SR2020-0010: Half – Dividend (Crosswinds)

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation percent asbestos shall be completed in
accordance with BAAQMD requirements
and notifications.
• Based on Cal/OSHA rules and
regulations, the following conditions are
required to limit impacts to construction
workers.
• Prior to commencement of demolition
activities, a building survey, including
sampling and testing, shall be completed
to identify and quantify building materials
containing lead-based paint.
• During demolition activities, all building
materials containing lead-based paint
shall be removed in accordance with
Cal/OSHA Lead in Construction Standard,
Title 8, CCR, Section 1532.1, including
employee training, employee air
monitoring and dust control.
• Any debris or soil containing lead-based
paint or coatings shall be disposed of at
landfills that meet acceptance criteria for
the type of waste being disposed.

MM HAZ-2.7: Prior to issuance of a grading
permit, the project applicant shall research
well records from Valley Water and attempt
To be implemented by the
project applicant prior to
All measures will be
required as part of the
development permit. All
Santa Clara County
Department of Environmental
Health and Director of the

City of Morgan Hill
Resolution No. 23-xxx

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation to locate abandoned wells at the site. The
project applicant or contractor shall contact
Valley Water's Wells Hotline immediately to
assist in the identification of
abandoned/unregistered wells or structures
and help determine the appropriate means
of addressing them. If the wells are
identified, or subsequently encountered
during earthwork activities, the wells shall be
properly destroyed in accordance with
Valley Water Ordinance 90-1. If septic
systems are encountered during earthwork
activities, those systems shall be abandoned
in accordance with SCCDEH requirements.
issuance of any grading and/or
building permit.
measures will be printed on
all construction documents,
contracts, and project plans
prior to issuance of grading
permits.

Development Services
Department

TRANSPORTATION
Impact TRN-2: The project would conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). (Significant and Unavoidable Impact with Mitigation Incorporated)
MM TRN-2.1: Prior to project occupancy,
the project applicant shall develop and
implement a Transportation Demand
Management (TDM) plan which targets
achieving a reduction in residential vehicle
trips to and from the site. The TDM plan
shall be prepared by a qualified traffic
consultant and in coordination with the City
of Morgan Hill Development Services
Director or Designee. The TDM plan shall
quantify the reduction in VMT. The TDM
To be implemented by the
project applicant prior to
issuance of occupancy and
during project operation.

All measures will be
required as part of the
development permit. All
measures will be printed on
all construction documents,
contracts, and project plans
prior to issuance of building
permits.

Director of the Development
Services Department

City of Morgan Hill
Resolution No. 23-xxx

Page | 51 File Nos. EA2020-0007, SD2020-0003, and
SR2020-0010: Half – Dividend (Crosswinds)
Source: City of Morgan Hill. Crosswinds Residential Project Final EIR. May 3, 2023.

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation shall require the project applicant to make a
financial contribution to the City’s on-site
demand rideshare service (MoGo), as a
one-time or annual financial contribution
based on City approval, or during project
operations, the developer shall provide fully
(100 percent) subsidized annual VTA transit
passes for all project homeowners (a
maximum of one transit subsidy per
residential unit, which would result in up to
269 transit passes per year). This
subsidized transit program shall be
approved by the City of Morgan Hill’s Public
Services Director or Director’s designee
prior to issuance of occupancy.

RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL APPROVING A VESTING

TENTATIVE MAP AND A DESIGN PERMIT FOR A
RESIDENTIAL DEVELOPMENT, COMPRISED OF 269

UNITS, LOCATED AT THE SOUTHWEST

INTERSECTION OF HALF ROAD AND MISSION VIEW

DRIVE FOR THE CROSSWINDS AT MORGAN HILL
(APNS 728-30-001, 728-30-002, 728-30-003, AND 728-30-004) WHEREAS, on June 16, 2020, Dividend Homes submitted applications for a Vesting Tentative Map and Design Permit for a 269-unit residential development, comprised of 56 singlefamily court-yard style homes, 64 duets, and 149 townhome-style condominium units. (SD2020- 003/SR2020-0010: Half-Dividend (Crosswinds)); and
WHEREAS, such requests were considered by the Planning Commission at its meeting of May 23, 2023 at which time the Planning Commission recommended approval of applications SD2020-003 and SR2020-0010: Half-Dividend (Crosswinds); and WHEREAS, an Environmental Impact Report has been prepared for this project as part of the Vesting Tentative Map and Design Review Permit applications. Mitigation measures and a monitoring program will be adopted for those environmental impacts identified in the report; and
WHEREAS, testimony received at a duly-noticed public hearing, along with exhibits and drawings and other materials have been considered in the review process.

NOW, THEREFORE, THE MORGAN HILL CITY COUNCIL DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council has considered the full record before it, which may include but not limited to such things as the staff report, public testimony, and other materials and evidence submitted or provided. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION 2. The Vesting Tentative Map, together with its provisions for its design and improvements, is consistent with the General Plan or specific plans adopted by the City.

The Vesting Tentative Map entitled “The Crosswinds at Morgan Hill” submitted by Ruggeri-Jensen-Azar (RJA) April 2023, attached as Exhibit A has been designed consistent with the City’s General Plan, considering neighborhood circulation patterns, and providing future connections.

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SECTION 3. The project is consistent with the Zoning Ordinance, and General Plan.

The project site is located in the Residential Attached Low (RAL) Zoning District.

The project, as proposed, is consistent with the General Plan and meets the base zoning standards.

SECTION 4. The project is subject to the SB 330 permit streamlining process and has been designed consistent with the City’s Design Review Criteria and the City’s December 2019 Residential Development Design and Development Standards.

The proposed project substantially complies with all applicable design standards and guidelines contained in the Design Review Handbook and the City’s Residential Development Design and Development Standards.

SECTION 5. The proposed project development will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity.

The development site is not located adjacent to any wildlands that could expose people or structures to wildfire risks. The project site is not located within an earthquake fault zone. In addition, the project will comply with stormwater and building code requirements. The project will not be detrimental to the public health, safety, or welfare, and will not be materially injurious to the properties or improvements in the vicinity.

SECTION 6. The proposed project complies with all Design Review criteria in subsection H. of Section 18.108.040 of the municipal code.

The project as proposed complies with all criteria in subsection H of Section

18.108.040 (Design Review Criteria) of the Morgan Hill Municipal Code as demonstrated in the staff report.

SECTION 7. The City Council hereby approves SD2020-0003/SR2020-0010: Half-Dividend (Crosswinds). The design shall be expressly conditioned in conformance with conditions incorporated herein and as attached as Exhibit “B”. Minor deviations to the site review permit may be approved by the Development Services Director when consistent with the overall intent of the project.

PASSED AND ADOPTED by the City Council of the City of Morgan Hill at its meeting held on this 21st day of June, 2023 by the following vote:

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AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: ATTEST:

MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk
 CERTIFICATION 

I, MICHELLE BIGELOW, CITY CLERK OF THE CITY OF MORGAN HILL, CALIFORNIA, do hereby certify that the foregoing is a true and correct copy of Resolution No. 23-XXX, adopted by the City Council at a Regular Meeting held on June 21, 2023.

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.

DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

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EXHIBIT "A"

VESTING TENTATIVE MAP

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EXHIBIT "B"

STANDARD CONDITIONS
APPLICATION NO: SR2020-0010/SD2020-0003/EA2020-0007:HALF - DIVIDEND (CROSSWINDS)

THE FOLLOWING APPROVAL REQUIREMENTS AND ANY SPECIAL

CONDITIONS SHALL BE APPLIED THROUGH THE DEVELOPMENT APPROVAL PROCESS.

Legend
MHMC= Morgan Hill Municipal Code
MHARH= Morgan Hill Architectural Review Handbook
CMH= City of Morgan Hill
CFC= California Fire Code
I. PROJECT DESCRIPTION
The project includes a total of 269 residential units, comprised of 56 single-family, 64 duets, and 149 condominium units. The single-family detached residences would consist of clustered courtyard-style homes and would be constructed on the eastern and southern perimeters of the project site, along Mission View Drive and Half Road. The single-family courtyard residences would be two-stories and reach a maximum height of 30 feet. The two-story attached duets would be located in the center of the project site and would reach a maximum height of 30 feet. Threestory townhome-style condominiums would be constructed along the western and northwestern perimeters of the project site, along DePaul Drive and adjacent to a vacant parcel. The condominiums would reach a maximum height of 39 feet. There would be a total of 40 belowmarket-rate (BMR) units dispersed throughout the project and unit type. The project would include recreational areas including a clubhouse, pool, children’s play area, and barbeque/picnic areas. The project would also include pedestrian paths, and landscaping, including trees and lawn areas.

The project shall comply with all requirements of related project approvals granted by the City, including all of the following:

A. Vesting Tentative Map SD2020-0003
B. Design Review SR2020-0010
C. Environmental Assessment EA2020-0007
II. PROJECT MITIGATION MEASURES

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The applicant shall be subject to compliance with the mitigation measures of the project’s adopted Mitigation Monitoring and Reporting Program. The following mitigation measures shall be included with all building permit, grading, or improvement plans.

Agricultural Resources
A. MM AG-1.1: A minimum of one acre of agricultural land (1:1 mitigation ratio) shall be preserved for each acre of agricultural land changed to a non-agricultural use. The required acreage of area to be protected through an agricultural conservation easement or agricultural preservation in-lieu fee will depend on the measurement of affected area. The 16 acres of Prime Farmland will be used for calculating the required mitigation.

B. MM AG-1.2: Conversion of agricultural land shall require off-setting acquisition and/or dedication of agricultural conservation easements over approved agricultural mitigation land, or payment to the City of the agricultural preservation in-lieu fee, to support agricultural preservation activities. Developer acquisition/dedication of easements shall require the project to pay an agricultural lands preservation program stewardship fee to cover administrative costs and ongoing management and monitoring of the easements.

Agricultural mitigation fees shall be required prior to the acceptance of a final parcel or subdivision map, or prior to issuance of building or grading permits. Easement dedication is required prior to issuance of building permits.

Biological Resources
C. MM BIO-1.1: Construction shall be scheduled to avoid the nesting season. If construction can be scheduled to occur between September 1st and January 31st (inclusive) to avoid the raptor nesting season, no impacts will be expected. If construction will take place between February 1st and August 31st, then pre-construction surveys for nesting birds shall be completed by a qualified ornithologist to ensure that no nests will be disturbed during project implementation. Performance of the required surveys for construction occurring between February 1st and August 31st will ensure that impacts to nesting raptors are reduced to less than significant. Surveys will be completed within 30 days of the onset of site clearing or construction activities. During this survey, the ornithologist will inspect all trees and other potential nesting habitats (e.g., trees, shrubs, buildings) onsite trees as well as all trees within 250 feet of the site for nests. The pre-construction survey shall be submitted to the City’s Development Services Director or the Director’s designee for review prior to tree removals or issuance of a grading permit.

D. MM BIO-1.2: If an active nest is found sufficiently close to work areas to be disturbed by these activities, the ornithologist will determine the extent of a disturbance-free buffer zone to be established around the nest (typically 250 feet for raptors and 50-100 feet for other species) that will remain off limits to construction until the nesting season is over, to ensure that no nests of species protected by the Migratory Bird Treaty Act and California Fish and Wildlife Code will be disturbed during project implementation. A report indicating the result of the survey and any designated buffer zones shall be submitted to the satisfaction of the City’s Development Services Director or Director’s designee prior to issuance of a grading permit.

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E. MM BIO-5.1: The project applicant shall comply with local ordinances and submit permit applications for removal, trimming, damage, or relocation of all trees covered by the City ordinance. Any trees to be removed shall require replacement at a two-to-one ratio on a comparable ratio of size. The replacement trees shall be planted on site to the extent feasible and the project proponent shall comply with all other replacement requirements imposed by the City. Prior to tree removal, the project applicant shall apply for a tree removal permit, which will be reviewed by the City’s Development Services Director or Director’s designee.

Cultural Resources
F. MM CUL-2.1: A moderate potential exists for unrecorded historic-period archaeological resources to be within the project area. The developer shall enter into written contracts with an archaeologist and the Tamien Nation Tribe, and pay all fees associated with the activities required by this Mitigation Measure. The following policies and procedures for treatment and disposition of inadvertently discovered human remains or archaeological materials shall apply:
(a) Prior to the start of grading or earthmoving activity (includes demolition and moving of heavy equipment on site) on the “first day of construction,” the archaeologist and Tribal Monitor shall hold a pre-construction meeting for the purposes of “cultural sensitivity training” with the general contractor or subcontractors. (b) A Tamien Nation Tribal Monitor shall be present on-site to monitor all grounddisturbing activities and an archaeologist shall be on-call. Where historical or archaeological artifacts are found, work in areas where remains or artifacts are found will be restricted or stopped until proper protocols are met, as described below:

1. Work at the location of the find shall halt immediately within 50 feet of the find. If an archaeologist is not present at the time of the discovery, the applicant shall contact an archaeologist for evaluation of the find to determine whether it qualifies as a unique archaeological resource as defined by this chapter.

2. If the find is determined not to be a Unique Archaeological resource, construction can continue. The archaeologist shall prepare a brief informal memo/letter in collaboration with a tribal representative that describes and assesses the significance of the resource, including a discussion of the methods used to determine significance for the find.

3. If the find appears significant and to qualify as a unique archaeological resource, the archaeologist shall determine if the resource can be avoided and shall detail avoidance procedures in a formal memo/letter.

4. If the resource cannot be avoided, the archaeologist in collaboration with a tribal representative shall develop within forty-eight hours an action plan to avoid or minimize impacts. The field crew shall not proceed until the action plan is approved by the City’ Development Services Director or Director’s designee. The action plan

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shall be in conformance with California Public Resources Code 21083.2. An archaeologist shall be on-call during ground disturbing activities. Where historical or archaeological artifacts are found, work in areas where remains or artifacts are found will be restricted or stopped until proper protocols are met, as described below. (c) The following policies and procedures for treatment and disposition of inadvertently discovered human remains or archaeological materials shall apply. If human remains are discovered, it is probable they are the remains of Native Americans.

1. If human remains are encountered, they shall be treated with dignity and respect as due to them. Discovery of Native American remains is a very sensitive issue and serious concern. Information about such a discovery shall be held in confidence by all project personnel on a need-to-know basis. The rights of Native Americans to practice ceremonial observances on sites, in labs, and around artifacts shall be upheld.

2. Remains should not be held by human hands. Surgical gloves should be worn if remains need to be handled.

3. Surgical masks should also be worn to prevent exposure to pathogens that may be associated with the remains.
(d) In the event that known or suspected Native American remains are encountered, or significant historic or archaeological materials are discovered, ground-disturbing activities shall be immediately stopped. Examples of significant historic or archaeological materials include, but are not limited to, concentrations of historic artifacts (e.g., bottles, ceramics) or prehistoric artifacts (chipped chert or obsidian, arrow points, ground stone mortars and pestles), culturally altered ash stained midden soils associated with precontact Native American habitation sites, concentrations of fire-altered rock and/or burned or charred organic materials and historic structure remains such as stone lined building foundations, wells, or privy pits. Ground-disturbing project activities may continue in other areas that are outside the exclusion zone as defined below. (e) An “exclusion zone” where unauthorized equipment and personnel are not permitted shall be established (e.g., taped off) around the discovery area plus a reasonable buffer zone by the contractor foreman or authorized representative, or party who made the discovery and initiated these protocols, or if on-site at the time of discovery, by the monitoring archaeologist and tribal representative (typically 25 to 50 feet for single burial or archaeological finds).
(f) The discovery locale shall be secured (e.g., 24-hour surveillance) as directed by the City or County Coroner if considered prudent to avoid further disturbances. (g) The contractor foreman or authorized representative, or party who made the discovery and initiated these protocols shall be responsible for immediately contacting by telephone the parties listed below to report the find and initiate the consultation process for treatment and disposition:

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• The Tamien Nation (707) 295-4011 (office) and (925) 336-5359 (THPO) (h) The Coroner has two working days to examine the remains after being notified of the discovery. If the remains are Native American, the Coroner has 24 hours to notify the NAHC.
(i) The NAHC is responsible for identifying and immediately notifying the Most Likely Descendant (MLD). (Note: NAHC policy holds that the Native American Monitor will not be designated as the MLD).
(j) Within 24 hours of their notification by the NAHC, the MLD will be granted permission to inspect the discovery site if they so choose. (k) Within 24 hours of their notification by the NAHC, the MLD may recommend to the City’s Development Services Director or Director’s designee, the recommended means for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The recommendation may include the scientific removal and non-destructive or destructive analysis of human remains and items associated with Native American burials. Only those osteological analyses or DNA analyses recommended by the appropriate tribe may be considered and carried out.
(l) If the MLD recommendation is rejected by the City of Morgan Hill, the parties will attempt to mediate the disagreement with the NAHC. If mediation fails, then the remains and all associated grave offerings shall be reburied with appropriate dignity on the property in a location not subject to further subsurface disturbance.

G. MM CUL-2.2: The project applicant shall note on any plans that require ground disturbing excavation that there is a potential for exposing buried cultural resources including prehistoric Native American burials. Any archaeological site information supplied to the Contractor Foreman or authorized representative shall be considered confidential. Information on the project plans shall be verified by the City’s Development Services Director or Director’s designee prior to issuance of a grading permit or any building permit.

Greenhouse Gas Emissions
H. MM GHG-1.1: The project applicant shall develop a GHG reduction plan to reduce GHG emissions in the build-out year by 206 MT/year prior to issuance of a grading permit and • The City of Morgan Hill Development Services Director (408) 779-7247 • The Contractor’s Point(s) of Contact
• The Coroner of the County of Santa Clara (if human remains found) (408) 793- 1900
• The Native American Heritage Commission (NAHC) in Sacramento (916) 653- 4082
• The Amah Mutsun Tribal Band (916) 481-5785 (H) or (916) 743-5833 (C)

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to the satisfaction of the City’s Development Services Director or Director’s designee.

These reductions shall be kept in place by the project until the City adopts a qualified GHG reduction plan (consistent with CEQA Guidelines Section 15183.5) that contains goals and associated strategy to decrease emissions in a manner consistent with meeting the State’s interim 2030 GHG emissions reduction target of 40 percent below 1990 levels.

I. MM GHG-1.2: A combination of the GHG reduction elements listed below would reduce project GHG impacts. The project applicant shall implement some or all of the following elements to further reduce GHG emission from operation of the project and the service population efficiency metric such that the metric would be below the significance threshold. The GHG reduction elements to be included within the project shall be verified prior to the issuance of a building permit and shall be to the satisfaction of the City’s Development Services Director or Director’s designee.
• Prior to issuance of any building permits, the project applicant shall submit a Transportation Demand Management (TDM) Plan, which would include measures to reduce vehicle miles traveled (VMT) and GHG emissions, to the City’s Development Services Director or Director’s designee;
• The TDM Plan shall be implemented by the Homeowners Association (HOA) once the proposed residences are occupied.
• The project applicant shall install solar power systems or other renewable electric generating systems that provide electricity to power on-site equipment and possibly provide excess electric power;
• The project applicant shall provide infrastructure for electric vehicle charging for residential units (i.e., provide 220 VAC power); and,
• The project applicant shall increase water conservation above state average conditions for residential uses by installing low flow water utilities and irrigation.

J. MM GHG-1.3: The project applicant shall purchase verifiable carbon emission offsets through a verified registry for remaining amount of GHG reduction required, after exhausting on-site reduction options prior to issuance of a building permit. Offsets shall be determined by calculating the total estimated number of GHG emissions the project would create over a 30-year period, and purchasing verifiable offsets based on the calculated number of GHG emissions.

Hazards and Hazardous Materials
K. MM HAZ-2.1: Since lead-impacted soils are determined to be present in concentrations above established regulatory environmental screening levels, the project applicant shall enter into the Santa Clara County Department of Environmental Health’s (SCCDEH) Voluntary Cleanup Program (VCP), or equivalent, to formalize regulatory oversight of the mitigation of contaminated soil to ensure the site is safe for construction workers and the public after development. The project applicant responsible for the contaminated area of the site shall remove contaminated soil to levels acceptable to the SCCDEH (or equivalent oversight agency) for residential exposure prior to issuance of any grading permits.

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L. MM HAZ-2.2: A Removal Action Plan, Soil Mitigation Plan or other similarly titled report describing the remediation shall be prepared and implemented to document the removal and /or capping of contaminated soil. Prior to issuance of any grading permits, a copy of any reports prepared shall be submitted to the Development Services Director or Director’s designee. All work and reports produced shall be performed under the regulatory oversight and approval of the SCCDEH (or equivalent oversight agency).

M. MM HAZ-2.3: The project applicant shall prepare a Site Management Plan (SMP) prior to issuance of any grading permits to reduce or eliminate exposure risk to human health and the environment, specifically, potential risks associated with the presence of organochlorine pesticides and pesticide-based metals. The SMP shall include, but is not limited to, the following elements to mitigate potential risks associated with environmental conditions:
• Procedures for transporting and disposing the waste material generated during removal activities, if such transport and disposal is necessary; • Procedures for stockpiling soil on-site if such stockpiling is necessary; • Provisions for collecting soil samples to prior to grading activities; • Provisions for confirmation soil sampling as appropriate to obtain a “No Further Action” letter (or equivalent) from the state and/or local agency assuming oversight for the site;
• Procedures to ensure that fill and cap materials are verified as clean truck routes; • Staging and loading procedures and record keeping requirements.

The SMP shall reference the Storm Water Pollution Prevention Plan (SWPPP) required for the project in accordance with the Construction General Permit Order issued by the California State Water Resources Control Board. The SMP shall be submitted to the Santa Clara County Department of Environmental Health (SCCDEH), or equivalent regulatory agency, for review and approval. Copies of the approved SMP shall be provided to the City’s Development Services Department prior to issuance of any grading permits.

N. MM HAZ-2.4: All contractors and subcontractors at the project site shall develop a health and safety plan (HSP) specific to their scope of work and based upon the known environmental conditions for the site. Each Health and Safety plan shall be implemented under the direction of a Site Safety and Health Officer. The Health and Safety Plan shall include, but not limited to, the following elements, as applicable:
• Provisions for personal protection and monitoring exposure to construction workers; • Procedures to be undertaken in the event that contamination is identified above action levels or previously unknown contamination is discovered; • Procedures for the safe storage, stockpiling, and disposal of contaminated soils; • Provisions for the on-site management and/or treatment of contaminated groundwater during extraction or dewatering activities;
• Emergency procedures and responsible personnel.

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The HSP shall be submitted to the Santa Clara County Department of Environmental Health (SCCDEH), or equivalent regulatory agency, for review and approval. Copies of the approved HSP shall be provided to the City’s Development Services Department prior to issuance of any grading permits.

O. MM HAZ-2.5: Prior to issuance of any grading permits, the project applicant shall excavate lead-impacted soils identified at sample location SS-R-17B (near the singlefamily residence and barn structure) to a depth of at least 2.5 below the ground. The soil shall be properly disposed of in accordance with state and SCCDEH and California Code of Regulations, Title 8 waste disposal requirements. The SCCDEH (or equivalent oversight agency) may also approve leaving in-place some of the contaminated soil if the contaminated soil will be buried under hardscape and/or several feet of clean soil and not at risk of being encountered by future site users or nearby residents.

P. MM HAZ-2.6: Prior to issuance of a demolition permit for on-site structures, the project applicant shall consult with certified Asbestos and/or Lead Risk Assessors to complete and submit for review to the Building Department an asbestos and lead survey. If asbestos-containing materials or lead- containing materials are not discovered during the survey, further mitigation related to asbestos-containing materials or lead-containing materials shall not be required. If asbestos containing materials and/or lead-containing materials are discovered by the survey, the project applicant shall prepare a work plan to demonstrate how the on-site asbestos-containing materials and/or lead-containing materials shall be removed in accordance with current California Occupational Health and Safety (Cal-OSHA) Administration regulations and disposed of in accordance with all CalEPA regulations, prior to the demolition and/or removal of the on-site structures.

The plan shall include the requirement that work shall be conducted by a Cal-OSHA registered asbestos and lead abatement contractor in accordance with Title 8 CCR 1529 and Title 8 CCR 1532.1 regarding asbestos and lead training, engineering controls, and certifications. The applicant shall submit the work plan to the City for review and approval. The City has the right to defer the work plan to the Santa Clara County Department of Environmental Health for additional review. The following measures shall be included in the work plan:
• During demolition activities, all building materials containing lead-based paint shall be removed in accordance with Cal/OSHA Lead in Title 8, California Code of Regulations (CCR), Section 1532.1, including employee training, employee air monitoring, and dust control. Any debris or soil containing lead-based paint or coatings shall be disposed of at landfills that meet acceptance criteria for the type of lead being disposed.
• All potentially friable asbestos containing materials (ACMs) shall be removed in accordance with National Emission Standards for Air Pollution (NESHAP) guidelines prior to demolition or renovation activities that may disturb ACMs. All demolition activities shall be undertaken in accordance with Cal/OSHA standards contained in Title 8, CCR, Section 1529, to protect workers from asbestos exposure.

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• A registered asbestos abatement contractor shall be retained to remove and dispose of ACMs identified in the asbestos survey performed for the site in accordance with the standards stated above.
• Materials containing more than one-percent asbestos are also subject to Bay Area Air Quality Management District (BAAQMD) regulations. Removal of materials containing more than one-percent asbestos shall be completed in accordance with BAAQMD requirements and notifications.
• Based on Cal/OSHA rules and regulations, the following conditions are required to limit impacts to construction workers.
• Prior to commencement of demolition activities, a building survey, including sampling and testing, shall be completed to identify and quantify building materials containing lead-based paint.
• During demolition activities, all building materials containing lead-based paint shall be removed in accordance with Cal/OSHA Lead in Construction Standard, Title 8, CCR, Section 1532.1, including employee training, employee air monitoring and dust control.
• Any debris or soil containing lead-based paint or coatings shall be disposed of at landfills that meet acceptance criteria for the type of waste being disposed.

Q. MM HAZ-2.7: Prior to issuance of a grading permit, the project applicant shall research well records from Valley Water and attempt to locate abandoned wells at the site. The project applicant or contractor shall contact Valley Water's Wells Hotline immediately to assist in the identification of abandoned/unregistered wells or structures and help determine the appropriate means of addressing them. If the wells are identified, or subsequently encountered during earthwork activities, the wells shall be properly destroyed in accordance with Valley Water Ordinance 90-1. If septic systems are encountered during earthwork activities, those systems shall be abandoned in accordance with SCCDEH requirements.

Transportation
R. MM TRN-2.1: Prior to project occupancy, the project applicant shall develop and implement a Transportation Demand Management (TDM) plan which targets achieving a reduction in residential vehicle trips to and from the site. The TDM plan shall be prepared by a qualified traffic consultant and in coordination with the City of Morgan Hill Development Services Director or Designee. The TDM plan shall quantify the reduction in VMT. The TDM shall require the project applicant to make a financial contribution to the City’s on-site demand rideshare service (MoGo), as a one-time or annual financial contribution based on City approval, or during project operations, the developer shall provide fully (100 percent) subsidized annual VTA transit passes for all project homeowners (a maximum of one transit subsidy per residential unit, which would result in up to 269 transit passes per year). This subsidized transit program shall be approved by the City of Morgan Hill’s Public Services Director or Director’s designee prior to issuance of occupancy.

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III. PROJECT CONDITIONS OF APPROVAL
This Vesting Tentative Map and Design Permit approval is limited to the plan set date stamped April 29, 2023 on file (File Number SR2020-0010) with the Development Services Department.

The approved building plans and landscape plans must be in substantial conformance with the Design Permit plans as determined by the Development Services Director. These documents show the location and sizes of all lots in this development, the location and dimensions of all vehicle and pedestrian circulation ways (ingress/egress), common areas, and other easement areas.

It shall be the responsibility of the Owner to ensure that any changes or modifications to the Project or any Unit are in compliance with the original City Conditions of Approval of the Project, which are incorporated herein.

The Final Map shall be in substantial compliance with the approved Vesting Tentative Map as determined by the City Engineer and Development Services Director.

PLANNING DIVISION

DEFENSE AND INDEMNITY
A. As part of, and in connection, with this application to the City of Morgan Hill, Applicant agrees to defend, indemnify, and hold harmless the City of Morgan Hill, its officers, agents, employees, officials and representatives (Indemnitees) from and against any and all claims, actions, or proceedings arising from any suit for damages or for equitable or injunctive relief which is filed against City to attack, set aside, void or annul its approval of this application or any related decision, or the adoption of any environmental documents which relates to said approval. The City shall promptly notify the Applicant of any such claim, action or proceeding and the City shall cooperate fully in the defense thereof. In the event that Applicant is required to defend Indemnitees in connection with the proceeding, Indemnitees shall retain the right to approve (a) the counsel to so defend Indemnitees; (b) all significant decisions concerning the manner in which the defense is conducted; and (c) any and all settlements, which approval shall not be unreasonably withheld. This indemnification shall include, but is not limited to, (a) all pre-tender litigation costs incurred on behalf of the City, including City's attorney's fees and all other litigation costs and expenses, including expert witnesses, required to defend against any lawsuit brought as a result of City's approval or approvals; (b) reasonable internal City administrative costs, including but not limited to staff time and expense spent on the litigation, after tender is accepted; and (c) all damages, costs, expenses, attorney fees or expert witness fees that may be awarded to the prevailing party arising out of or in connection with the approval of the application or related decision. City may, in its sole discretion, participate in the defense of such action; but such participation shall not relieve Applicant of its obligations under this condition. The undersigned hereby represents that

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they are the Applicant or are fully empowered by the Applicant as their agent to agree to provide the indemnification, defense and hold harmless obligations, and the signature below represents the unconditional agreement by Applicant to be bound by such conditions.

TIME LIMITS
A. Term: The Design Permit approval granted pursuant to this Resolution shall remain in effect for two years to _____________. Failure to obtain building permits within this term shall result in termination of approval unless an extension of time is granted with a showing of just cause prior to expiration date. (MHMC 18.108.040) B. Term: The Vesting Tentative Map approval granted pursuant to this Resolution shall remain in effect for two years to _____________. Failure to apply for Final Map approval with the City Engineer within this term shall result in expiration of approval unless an extension of time is granted by the Development Services Department prior to the expiration date. (MHMC 18.104.210)

SITE DEVELOPMENT
A. Final Site Development Plans: Final site development plans shall be reviewed for conformance with Design Review Permit SR2020-0010 Half-Dividend (Crosswinds) and in accordance with Morgan Hill Municipal Code Section 18.108.040 (Design Permit) and approved by the Development Services Department prior to issuance of a building permit.

All such plans shall include:

1. Detail depicting all concrete curbs as full formed.

2. Provision of catalogue drawings depicting the proposed parking area lighting fixtures. Exterior lighting of the building and site shall be designed so that lighting is not directed onto adjacent properties and light source is shielded from direct offsite viewing.

3. Ramps, special parking spaces, signing and other physical features for the disabled, shall be provided throughout the site for all publicly used facilities.

4. All mechanical equipment, including electrical and gas meters, post indicator valve, backflow prevention devices, etc., shall be architecturally screened from view or located interior to the building. All ground mounted utility appurtenances such as transformers shall not be visible from any public right-of-way and shall be adequately screened through the use or combination of concrete or masonry walls, berming, and landscaping. (MHARH p.20, 45, 79) For additional screening, backflow preventers shall be painted dark green, except the fire connection which shall be painted yellow.

5. All existing on-site overhead utilities shall be placed underground in an approved

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conduit from the service connection at the street or at the property line to the service connection at the building.

B. Pedestrian Access: The Project shall provide pedestrian walkways in compliance with ADA requirements and with Section 18.72.060.H of the Morgan Hill Municipal Code, which states the following:

1. Parking lots with more than thirty parking spaces shall include a pedestrian walkway in compliance with ADA requirements.

2. The design of the pedestrian walkway shall be clearly visible and distinguished from parking and circulation areas through striping, contrasting paving material, or other similar method as approved by the Development Services Director.

C. Bicycle parking. The project shall provide short-term and long-term bicycle parking spaces in conformance with Section 18.72.080 and Table 18.72-7 of the Morgan Hill Municipal Code:

Table 18.72-7: Required Bicycle Parking Spaces
Land Use Required Bicycle Parking Spaces
Short-Term Spaces Long-Term Spaces
Multi-family dwellings 10 percent of required
automobile spaces; min. of
4 spaces
1 per 5 units

1. Short-Term/Class II Bicycle Parking Standards. Short-term bicycle parking shall be located within one hundred feet of the primary entrance of the structure or use it is intended to serve.

2. Long-Term Bicycle Parking Standards. The following standards apply to longterm bicycle parking:
a. Location. Long-term bicycle parking shall be located on or within seven hundred fifty feet of the use that it is intended to serve. b. Security. Long-term bicycle parking spaces shall be secured. Spaces are considered secured if they are:
i. In a locked room or area enclosed by a fence with a locked gate; ii. Within view or within one hundred feet of an attendant or security guard;
iii. In an area that is monitored by a security camera; or iv. Visible from employee work areas.

3. Parking Space Dimensions.
a. Minimum dimensions of two feet by six feet shall be provided for each bicycle parking space.

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b. An aisle of at least five feet shall be provided behind all bicycle parking to allow room for maneuvering.
c. 2 feet of clearance shall be provided between bicycle parking spaces and adjacent walls, polls, landscaping, pedestrian paths, and other similar features.
d. Four feet of clearance shall be provided between bicycle parking spaces and adjacent automobile parking spaces and drive aisles.

4. Rack Design. Bicycle racks must be capable of locking both the wheels and the frame of the bicycle and of supporting bicycles in an upright position.

5. Cover. Required cover for bicycle parking spaces shall be permanent, designed to protect the bicycle from rainfall, and at least seven feet above the floor or ground.

The location of all bicycle parking spaces shall be identified prior to issuance of a building permit.

D. Electric Vehicle Charging Stations: The Project shall provide electric vehicle charging stations in compliance with Section 18.72.040.C of the Morgan Hill Municipal Code. The project is required to provide two charging stations, plus one for each additional fifty parking spaces. The developer shall provide location of each charging station prior to issuance of building permit.

E. Tandem parking and garages: Residents shall use tandem parking spaces and dedicated garages for parking. This requirement shall be incorporated into the Covenants, Conditions and Restrictions (CC&R’s) for the project.

F. Street Names: Street names, private or otherwise, used to identify building locations shall be submitted at building permit stage to the Planning Division for approval.

Proposed street names shall comply with the Street Naming Policy approved by City Council (Resolution No. 4601).

G. Tree Protection: Unless tree removal has been previously approved, all trees located within 25 feet of any site disturbance shall be protected using the following minimum protection measures (these guidelines shall be included with all site development plans):

1. Mark all trees to be saved with a survey flag or ribbon. Do not nail or staple directly to the tree.

2. Erect a temporary fence enclosing an area equal to at least the dripline of the tree (or as far from the trunk as possible). This tree protection zone shall not be used for parking, storage of building materials, or other equipment or the placement of temporary or permanent fill. Signs should be posted identifying the restriction of uses in the tree protection zone.

3. Locate structures, grade changes, and other ground or surface disturbances (e.g.

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concrete pours) as far as feasible from the “dripline” area of the tree.

4. Avoid root damage through grading, trenching, and compaction, at least within an area 1.5 times the dripline area of the tree. Where root damage cannot be avoided, roots encountered over 1 inch in diameter should be exposed approximately 12 inches beyond the area to be disturbed (towards the tree stem), by hand excavation, or with specialized hydraulic or pneumatic equipment, cut cleanly with hand pruners or power saw and immediately back-filled with soil. Avoid tearing or otherwise disturbing that portion of the roots to remain.

5. The addition of plant or other landscaping materials shall remain outside of the dripline of all trees.

6. All trees proposed to be removed from the project site shall be replaced at a 1:1 ratio. Replacement trees shall be consistent with the City of Morgan Hill Master Street Tree. All replacement trees shall be a minimum of 15-gallons in size. All mitigation/replacement trees shall be shown on the landscape plans and approved by the Development Services Director prior to the issuance of the building/grading permit.

7. Any tree subject to Chapter 12.32 Restrictions on Removal of Significant Trees of the Morgan Hill Municipal Code requires approval from the Planning Division.

The applicant shall request approval prior to removing any significant trees.

H. Future Street Notification: The developer shall install a sign at the terminus of Street B adjoining the undeveloped land to the north of the project site (Assessor’s Parcel Number 728-31-013) to notify residents of the possible future street extension. The sign shall read, “Future Through Street, Subject to Increased Traffic” or similar language subject to the review and approval of the Development Services Director. This future street extension notification shall also be included in the disclosures during the sale of a residence within the project site.

BUILDING DESIGN
A. Roof mounted mechanical equipment: All roof mounted mechanical equipment shall be placed within a screened roof top enclosure depicted on the elevation drawings or located below the parapet level and shall not be visible from the ground at any distance from the building. Cross section roof drawings shall be provided at the building permit stage indicating the relative height of the screen wall or parapet. Minimum screen height or parapet depth shall be 5 feet or greater to match the height of any proposed equipment. (MHARH p.48, 65, 87, 106)
B. Building mounted lighting: Lighting fixtures shall not project above the facia or roofline of the building. Any ground mounted lighting projecting onto the building or site shall be subject to the review and approval of the Development Services Director.

Adjustment to the lighting intensity may be required after the commencement of the use. (MHARH p. 67, 109)

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C. Architectural elements: A final site development plan shall be provided at the building permit stage for review and approval to the Development Services Director prior to issuance of a building permit.

1. All vents, gutters, downspouts, flashing, electrical conduits, etc. shall be painted to match the color of the adjacent surface or otherwise designed in harmony with the building exterior.

2. Soffits and other architectural elements visible from view but not detailed on the plans shall be finished in a material in harmony with the exterior of the building.

PARKING, VEHICULAR ACCESS AND LANDSCAPING
A. Parking lot landscaping: All landscaping within parking lots shall comply with the requirements of Chapter 18.72 (Landscaping) in addition to the standards within this section.

1. Interior Landscaping. All areas within a parking lot not utilized for parking spaces or access/circulation shall be landscaped. For parking lots with more than fifteen spaces, the minimum amount of interior landscaping is specified in Table

18.72-6. Interior landscaping is defined as any landscaped area surrounded on at least two sides by parking spaces or drive aisles, and excluding areas around the perimeter of the parcel or development site.

Table 18.72-6: Minimum Required Parking Lot Landscaping Number of Required Parking Spaces Percent of Surface Parking Area to be Landscaped
16-30 10 percent
31-60 15 percent
Over 60 20 Percent

2. Shade Trees.
a. One shade tree shall be provided for every five parking spaces in a parking lot.
b. Shade trees shall be a minimum twenty-four-inch box in size and shall provide a minimum thirty-foot canopy at maturity.
c. Shade trees shall be of a type that can reach maturity within fifteen years of planting and shall be selected from a city-recommended list of canopy tree species.
d. Shade trees shall be arranged in a parking lot to provide maximum shade coverage (based on a thirty-foot canopy) on August 21. The arrangement should approximate nearly fifty percent shade coverage.

3. Concrete Curbs.

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a. All landscape areas shall be separated from parking spaces, drive aisles and driveways by a continuous, raised concrete curb. Raised concrete curbs shall be a minimum of six inches high by four inches deep. b. The city may approve alternatives to raised concrete curbs as needed to comply with any mandatory stormwater drainage standards.

4. Parking Space Landscaping. A maximum of two feet at the front end of a parking space may be landscaped with low shrubs or ground cover in which a vehicle could extend over in lieu of paving surface. This landscaping may not count toward minimum required parking lot landscaped area.

5. Timing. Landscaping shall be installed prior to the city's authorization to occupy any buildings served by the parking area, or prior to the final inspection for the parking lot.

B. Landscape maintenance agreement: The applicant shall enter into a two-year landscape maintenance agreement effective upon acceptance of landscaping improvements and provide an appropriate bond as required by Section 18.64.070 (Landscaping maintenance and enforcement) of the Municipal Code. Bond amount shall be equal to 100 percent of the value of the landscaping and irrigation improvements for the development project.

C. Planting and irrigation working drawings: Detailed landscape planting and irrigation working drawings shall be submitted to the Development Services Director for approval prior to issuance of building permits. Landscape plans for streets and landscape easements shall be part of the improvement plan submittal.

D. Lighting: Walkways and pedestrian pathways in landscaped areas or common areas not considered building entrances or a part of parking lot areas shall be illuminated with a minimum of one (1) foot-candle to ensure safe nighttime conditions. (MHARH p.30, 67, 108)

1. A final photometric plan shall be provided at the building permit stage for review and approval to the Development Services Director prior to issuance of a building permit.

E. Maintenance of landscaping: The landscaping installed and accepted with this project shall be maintained on the site as stated within the approved plans. Any alteration or modification to the landscaping shall not be permitted unless otherwise approved by the Development Services Director.

F. Water Conserving Landscape Ordinance: The landscape plans shall be in conformance with the City’s Water Conserving Landscape Ordinance that was developed in accordance with California law. This Ordinance restricts landscaping turf to certain areas, specifies plant selection, requires certain types of irrigation equipment, and calls

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for the development of comprehensive water use calculations as an aspect of the submitted landscape plans. (MHMC 18.64)
G. Reciprocal Ingress/Egress Easements: Prior to issuance of a certificate of occupancy, the property owner shall record an appropriate deed restriction and covenant running with the land subject to review and approval of the Development Services Director for a reciprocal ingress/egress easement along the common driveway.

SIGNS
A. Separate application required for sign approval: Signs proposed for this development shall be designed in conformance with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation of any signs.

B. Directory signs required: Directory sign(s) and location map(s) shall be provided for apartment, condominium, or townhouse projects prior to occupancy. Location of the sign(s) shall be interior to the project and design of the directory sign(s) shall be approved by the Planning Division and Fire Department prior to issuance of building permits. (MHARH p.61)

HABITAT PLAN
A. Fees: The approved project is covered pursuant to the Santa Clara Valley Habitat Plan (Habitat Plan) and subject to fees and conditions contained in the Habitat Plan.

B. Application Package: Prior to issuance of a grading permit, the project shall complete and submit a Habitat Plan Application Package. All fees shall be paid prior to issuance of a grading permit. (MHMC 18.132)
C. Conditions: Any additional conditions or mitigations required by the Habitat Plan shall be clearly stated on all plans that involve any ground disturbing activity (i.e. grading plans, improvement plans, paving plans, demolition plans or other plans for site clearing or temporary stockpile of dirt). (MHMC 18.132)

AIR QUALITY
A. Dust, Noise, Vibration and Materials Management Plan: A management plan detailing strategies for control of noise, dust and vibration, and storage of hazardous materials during construction of the project shall be submitted for review prior issuance of a grading permit and requirements shall be included on all site development and grading plans. The intent of this condition is to minimize construction related disturbance of residents of the nearby or adjacent properties. (MHMC 18.76)

1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.

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2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.

3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.

4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).

5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

6. Replant vegetation in disturbed areas as soon as possible after completion of construction.

7. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of the California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.

8. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.

9. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

CULTURAL RESOURCES
A. Significant historic or archaeological materials: A moderate potential exists for unrecorded historic-period archaeological resources to be within the project area. The developer shall enter into written contracts with an archaeologist and the Tamien Nation Tribe, and pay all fees associated with the activities required by this condition. The following policies and procedures for treatment and disposition of inadvertently discovered human remains or archaeological materials shall apply:

1. Prior to start of grading or earthmoving activity on the “first day of construction”, the archaeologist and Tamien Nation Tribal Monitor shall hold a pre-construction meeting for the purposes of "cultural sensitivity training" with the general contractor and subcontractors.

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2. A Tamien Nation Tribal Monitor shall be present on-site to monitor all grounddisturbing activities and an archaeologist shall be on-call. Where historical or archaeological artifacts are found, work in areas where remains or artifacts are found will be restricted or stopped until proper protocols are met, as described below:
a. Work at the location of the find will halt immediately within fifty feet of the find. If an archaeologist is not present at the time of the discovery, the applicant shall contact an archaeologist for evaluation of the find to determine whether it qualifies as a unique archaeological resource as defined by this chapter;
b. If the find is determined not to be a Unique Archaeological Resource, construction can continue. The archaeologist will prepare a brief informal memo/letter in collaboration with a tribal representative that describes and assesses the significance of the resource, including a discussion of the methods used to determine significance for the find;
c. If the find appears significant and to qualify as a unique archaeological resource, the archaeologist will determine if the resource can be avoided and will detail avoidance procedures in a formal memo/letter; and d. If the resource cannot be avoided, the archaeologist in collaboration with a tribal representative shall develop within forty-eight hours an action plan to avoid or minimize impacts. The field crew shall not proceed until the action plan is approved by the Development Services Director. The action plan shall be in conformance with California Public Resources Code 21083.2.

3. The following policies and procedures for treatment and disposition of inadvertently discovered human remains or archaeological materials shall apply.

If human remains are discovered, it is probable they are the remains of Native Americans,
a. If human remains are encountered, they shall be treated with dignity and respect as due to them. Discovery of Native American remains is a very sensitive issue and serious concern. Information about such a discovery shall be held in confidence by all project personnel on a need to know basis. The rights of Native Americans to practice ceremonial observances on sites, in labs and around artifacts shall be upheld. b. Remains should not be held by human hands. Surgical gloves should be

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worn if remains need to be handled.
c. Surgical mask should also be worn to prevent exposure to pathogens that may be associated with the remains.

4. In the event that known or suspected Native American remains are encountered, or significant historic or archaeological materials are discovered, grounddisturbing activities shall be immediately stopped. Examples of significant historic or archaeological materials include, but are not limited to, concentrations of historic artifacts (e.g., bottles, ceramics) or prehistoric artifacts (chipped chert or obsidian, arrow points, ground stone mortars and pestles), culturally altered ash stained midden soils associated with pre-contact Native American habitation sites, concentrations of fire-altered rock and/or burned or charred organic materials and historic structure remains such as stone lined building foundations, wells or privy pits. Ground-disturbing project activities may continue in other areas that are outside the exclusion zone as defined below.

5. An "exclusion zone" where unauthorized equipment and personnel are not permitted shall be established (e.g., taped off) around the discovery area plus a reasonable buffer zone by the contractor foreman or authorized representative, or party who made the discovery and initiated these protocols, or if on-site at the time or discovery, by the monitoring archaeologist and tribal representative (typically twenty-five to fifty feet for single burial or archaeological find).

6. The discovery locale shall be secured (e.g., 24-hour surveillance) as directed by the City or County if considered prudent to avoid further disturbances.

7. The Contractor Foreman or authorized representative, or party who made the discovery and initiated these protocols shall be responsible for immediately contacting by telephone the parties listed below to report the find and initiate the consultation process for treatment and disposition:
• The City of Morgan Hill Development Services Director (408) 779-7247 • The Contractor’s Point(s) of Contact
• The Coroner of the County of Santa Clara (if human remains found) (408) 793-1900
• The Native American Heritage Commission (NAHC) in Sacramento (916) 653-4082
• The Amah Mutsun Tribal Band (916) 481-5785 (H) or (916) 743-5833 (C) • The Tamien Nation (707)295-4011 (office) and (925)336-5359 (THPO)

8. The Coroner has two working days to examine the remains after being notified of the discovery. If the remains are Native American the Coroner has 24 hours to notify the NAHC.

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9. The NAHC is responsible for identifying and immediately notifying the Most Likely Descendant (MLD). (Note: NAHC policy holds that the Native American Monitor will not be designated the MLD.)

10. Within 24 hours of their notification by the NAHC, the MLD will be granted permission to inspect the discovery site if they so choose.

11. Within 24 hours of their notification by the NAHC, the MLD may recommend to the City’s Development Services Director the recommended means for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The recommendation may include the scientific removal and nondestructive or destructive analysis of human remains and items associated with Native American burials. Only those osteological analyses or DNA analyses recommended by the appropriate tribe may be considered and carried out.

12. If the MLD recommendation is rejected by the City of Morgan Hill the parties will attempt to mediate the disagreement with the NAHC. If mediation fails then the remains and all associated grave offerings shall be reburied with appropriate dignity on the property in a location not subject to further subsurface disturbance.

NOISE
A. Construction Hours: The project shall comply with Chapter 8.28 of the Morgan Hill Municipal Code which prohibits construction activities between 8:00 PM and 7:00 AM, Monday through Friday, and between 6:00 PM and 9:00 AM on Saturdays. Construction activities may not occur on Sundays or federal holidays.

B. Noise Construction Control Plan: The project applicant shall develop a noise construction control plan, which shall be submitted to the Development Services Director or Director’s designee for review and approval prior to issuance of a grading permit. The noise construction control plan shall include but not be limited to the following construction best management controls:
• Equipment and trucks used for construction shall use the best available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds); • Impact tools (e.g., jackhammers, pavement breakers, and rock drills) used for construction shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools; and
• Stationary noise sources shall be located as far from noise-sensitive receptors as possible, and they shall be muffled and enclosed within temporary sheds, incorporate insulation barriers, or include other measures.

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• Construct temporary noise barriers, where feasible, to screen stationary noisegenerating equipment. Temporary noise barrier fences would provide a 5 dBA noise reduction if the noise barrier interrupts the line-of-sight between the noise source and receptor and if the barrier is constructed in a manner that eliminates any cracks or gaps.
• Unnecessary idling of internal combustion engines shall be strictly prohibited. • Construction staging areas shall be established at locations that will create the greatest distance between the construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. Locate material stockpiles, as well as maintenance/equipment staging and parking areas, as far as feasible from residential receptors.
• Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project site. • Where feasible, temporary power service from local utility companies should be used instead of portable generators.
• Locate cranes as far from noise-sensitive receptors as possible. • During final grading, substitute graders for bulldozers, where feasible. Wheeled heavy equipment are quieter than track equipment and should be used where feasible.
• Substitute nail guns for manual hammering, where feasible. • Avoid the use of circular saws, miter/chop saws, and radial arm saws near the adjoining noise-sensitive receptors. Where feasible, shield saws with a solid screen with material having a minimum surface density of two pounds per square foot (e.g., such as 0.75-inch plywood).
• Maintain smooth vehicle pathways for trucks and equipment accessing the site and avoid local residential neighborhoods as much as possible. • During interior construction, the exterior windows facing noise-sensitive receptors should be closed.
• During interior construction, locate noise-generating equipment within the building to break the line-of-sight to the adjoining receptors.
• The contractor shall prepare a detailed construction schedule for major noisegenerating construction activities. The construction plan shall identify a procedure for coordination with adjacent residential land uses so that construction activities can be scheduled to minimize noise disturbance.
• Designate a “disturbance coordinator” who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem. Conspicuously

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post a telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors regarding the construction schedule.

GENERAL
A. Mitigation Fee Act: Notice is hereby given that, pursuant to the Mitigation Fee Act, the City of Morgan Hill charges certain fees (as such term is defined in Government Code Section 66000) in connection with approval of this development project for the purpose of defraying all or a portion of the cost of public facilities related to this development project (Mitigation Fee Act Fees). These fees do not include fees for processing applications for governmental regulatory actions or approvals, or fees collected as part of development agreements. The Mitigation Fee Act Fees applying to this project are listed in the schedule of fees to be provided at building permit stage. Notice is also hereby given that the Developer has an opportunity to protest the imposition of the Mitigation Fee Act Fees within 90 days of the approval or conditional approval of this development project and that the 90-day protest period has begun.

B. Covenants, Conditions and Restrictions: The applicant shall provide a set of Covenants, Conditions and Restrictions (CC&R’s), Bylaws and Articles of Incorporation, for review and approval by the Development Services Director prior to final occupancy or recordation of a final map. All such CC&Rs shall include the following:

1. The Owners recognize that the use, modification and proper maintenance of the Common Area and public right-of-way(s)* are for the benefit of all citizens of the City of Morgan Hill (City) and that the City is an intended third-party beneficiary of these covenants, conditions and restrictions and may, upon notice of hearing as set forth below, exercise the same powers of enforcement as the Association. *Public right-of-way: Exclusive of streets dedicated to and accepted by the City of Morgan Hill.

2. The City may, by mail or personal delivery, give written notice of the breach of any maintenance obligation to the Association with a demand that such breach be remedied. If such breach is not remedied within thirty (30) days of the mailing or delivery of such notice, the City shall have standing and the right (but not the obligation) to bring a court action against the Association and Owners to enforce such provision. In addition, the City shall be entitled to recover reasonable attorneys’ fees and costs incurred in such action.

3. The Notice may also contain a date for a hearing on the matter before a City employee designated by the City (which hearing shall be held no sooner than fifteen (15) days after mailing of such notice), and if after such hearing the City determines that there has been inadequate maintenance, the City shall have the right (but not the obligation) to undertake the maintenance of the Common Area or public right-of-way in question. Any and all costs incurred by the City in so maintaining the Common Area or public right-of-way shall be a lien against all

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the properties included with the Project and shall be the personal responsibility of the Owners and the Association.

4. The entire Project and all of the properties located thereon shall be subject to the conditions and restrictions of all subdivision and other Project approvals by the City, with respect to the Project. Any changes and/or modifications to the Project and/or any Unit, including but not limited to changes to the exterior of any Unit, may be subject to review and approval of the City of Morgan Hill as may be determined by review of the Project approvals by the City of Morgan Hill.

5. This section may not be amended without the prior written consent of the Development Services Director for the City. Nothing contained in this section shall limit any other right or remedy which the City may have under its ordinances or state law.

6. For the purposes of this section, the question of whether there has been a breach of a maintenance obligation or adequate maintenance shall be determined by the provisions of the original Declaration as first recorded with the County Recorder for Santa Clara County and by any amendment thereto, but only to the extent that such maintenance obligation or duty of maintenance is increased by such amendment.

C. Signed copies of Approval Certificate: Submit two (2) signed copies of the Approval Certificate to the Planning Division prior to issuance of a building permit.

D. Minimize Seismic Shaking: To avoid or minimize potential damage from seismic shaking, the proposed residential development shall be built using standard engineering and seismic safety design techniques. Prior to issuance of building permits, building design and construction at the site shall be completed in conformance with the recommendations of a design-level geotechnical investigation, which shall be included in a report to the City. The structural designs for the proposed development will account for repeatable horizontal ground accelerations. The report shall be reviewed and approved by the City of Morgan Hill Building Division prior to issuance of a building permit. The buildings shall be required to meet the requirements of applicable Building and Fire Codes, including the California Building Code Chapter 16, Section 1613, as adopted or updated by the City. The project will be designed to withstand soil hazards identified on the site and the project shall be designed to reduce the risk to life or property to the extent feasible and in compliance with the Building Code.

ENGINEERING DIVISION
Project Specific
A. Streets:

1. Mission View Drive:

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a. For the future realignment of Mission View per the General Plan and circulation element, the needed street right-of-way dedication shall be granted to City as shown on sheet PA-11 of the preliminary submittal.

B. Stormwater Management, Drainage, and Flood Control:

1. The MADRONE CHANNEL 2D FLOODPLAIN STUDY, dated July 2022, jointly prepared by Akel Engineering Group, Inc. and Kasraie Consulting for the City of Morgan Hill and Valley Water was completed to determine the available 100-year flow capacity in the Madrone Channel. A summary of the floodplain study was documented in a separate Technical Memo by AKEL ENGINEERING titled “Proposed New 42” Storm Drain Outfall at Half Road”, dated December 16, 2022.

The Technical Memo included recommendations to the City on how to manage the remaining 100-year flow capacity in the Madrone Channel among developments north of Half Road, which includes the Crosswinds Project. The Crosswinds Project will need to update plans, calculations, and reports to be consistent with the Flood Study and Technical Memo. The Technical Memo was previously provided to the Crosswinds developer.

2. Flood Facility Sizing:
a. The minimum required volume for the on-site detention facility(ies) shall be designed to hold the 25-year, 24-hour design storm event with an additional 25% detention basin volume for freeboard.
b. The 25-year, 24-hour design storm event is 5.24” rainfall if the downstream conveyance is capable of conveying excess flow up to the 100-year, 24-hour of

6.50” rainfall design storm. The design storm is based on Table 3.4 “Hydrology and Hydraulics Design Criteria for Ponding Basins” of the City’s 2018 Storm Drainage System Master Plan.
c. Release into the new public storm main along Half Road cannot exceed the flow rate, per the Technical Memo stated under Comment no. B.1. Note that the Crosswinds Project shall submit flow calculations for the 100-year storm event where the 100-year post-development flow does not exceed the project’s Madrone Channel capacity allotment of 13.4 cfs.

3. Stormwater Management:
a. This project shall comply with the California Regional Water Quality Control Board Central Coast Region Resolution No. R3-2013-0032 as documented by the Stormwater Management Guidance Manual for Low Impact Development and Post-Construction Requirements. Following the approval of the SD and SR application, these conditions for Stormwater Management shall be addressed on the Preliminary Post-Construction Stormwater Control Plan prior to submitting for the Building Permits and Final Map approval applications. b. If the project is proposing underground infiltration systems (such as premanufactured vaults and modular structures), submit a geotechnical report/soils assessment of the proposed underground infiltration systems that shall include the following to confirm the underground infiltration systems comply with the postconstruction requirements:

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i. Statement of whether the site is suitable for the proposed underground infiltration system;
ii. Site-specific soil infiltration rates for each area of the site at the depths (i.e., at the base of the facility) where the underground infiltration systems are proposed;
iii. Field boring/test pit logs;
iv. Information about any surface or subsurface soil contamination at the site; v. Identification of seasonally high depth to groundwater table surface elevation; and
vi. Identification of potential impacts to nearby structural foundations. c. If underground infiltration systems are proposed, the project shall also demonstrate compliance with the following design criteria for the underground infiltration system:
i. Minimum soil infiltration rate: 1.0 inch per hour after applying a safety factor of 2, as initially determined from field-measured soil infiltration test. If the site-specific soil infiltration rate is less than 1.0 inch per hour after applying a safety factor of 2, a hydraulic modeling and calculation was provided showing the drawdown time for the system is no longer than 48 hours; ii. Contributing drainage area to each of the underground infiltration systems is less than 5 acres (217,800 sq. ft.);
iii. Meets the Santa Clara Valley Water District’s Guidelines for Stormwater Infiltration Devices (see page 25 of the Stormwater Management Guidance Manual for Low Impact Development & Post‐Construction Requirements) that include the following:
(a) Required horizontal setbacks from drinking water wells, septic systems, underground storage tanks and known contamination sites; (b) Required vertical separation from seasonally high groundwater; and (c) Provides pretreatment prior to infiltration.
iv. Minimum 10’ horizontal distance from a building or structural foundation unless a wider distance is recommended by the project’s Geotechnical/Soils Engineer.
v. Minimum 10’ horizontal distance to any adjacent property line. vi. Minimum distance from slopes greater than 15% as recommended by the project’s Geotechnical/Soils Engineer; and
vii. Proposed underground infiltration system will not produce infiltrating water that contains a pollutant that will be discharged to a nearby waterway/surface water impaired for that pollutant.

C. Water: Onsite water system shall be privately maintained.

1. Private submeters to be located or banked in accessible locations similar to public meters, to be accessible to renter/owner, HOA, city staff, and County Weights and Measures.

D. Broadband Connectivity: Indicate on the plans that broadband conduits will be provided along all public frontages (Mission View Drive, Half Road, and De Paul Drive).

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E. Transportation: Pursuant to the project’s EIR, the developer shall comply with the following:

1. Transit Facilities: Prior to occupancy of each unit, developer shall pay a fair share contribution toward the installation of a southbound bus stop, including street lighting, landscaping, and a new passenger pad, after the main entrance on Mission View Drive.

2. Cochrane Road and Mission View Drive: Prior to occupancy of each unit, developer shall pay a fair share contribution toward the installation of a second northbound leftturn lane on Mission View Drive and a cycle length adjustment to improve intersection operations. The addition of the second northbound left-turn lane will require lane striping and signal modification but will fit within the existing curb-to-curb pavement width on Mission View Drive. The cost to install the required traffic signal modification, improvements, and striping required for the addition of the second leftturn lane shall be reimbursed to the developer, by agreement or credits, and shall be issued on a per unit basis through the traffic impact fees to be determined by the Public Services Director or Director’s designee at improvement plan stage.

3. Mission View Drive and Half Road: Prior to occupancy of each unit, developer shall pay a fair share contribution toward the installation of a signal at the Mission View Drive and Half Road intersection.

4. Main Avenue and Condit Road: Prior to occupancy of each unit, developer shall pay a fair share contribution toward the addition of an exclusive southbound right-turn lane on Condit Road. The addition of the right-turn lane will require signal modifications and lane striping on the southbound approach.

5. Condit Road and Diana Avenue: Prior to occupancy of each unit, developer shall pay a fair share contribution toward the installation of a signal at the Condit Road and Diana Avenue intersection.

F. Parkland Dedication/Parkland Fee In-Lieu: This project is subject to the Parkland Dedication and Parkland Fee In-Lieu requirements (MHMC 17.28).

1. The developer shall pay fees, in-lieu of parkland dedication, at the time of filing of the project’s final map to meet the parkland obligation. The project’s parkland obligation will be calculated using the formula shown in MHMC Section 17.28.060.

2. Private recreation credits, which could allow a credit of up to 40% towards the parkland obligation, could be available for private open space(s) within the subdivision that meets the standard requirements listed in MHMC Section 17.28.130.

G. Final or Parcel Map: The project’s tract/final map shall be approved by the City Council prior to issuance of a grading permit. (MHMC 17.20.390; 17.24.210) H. Reciprocal Access: Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all common roads, drives or parking areas shall be provided by CC&R's and by deed and shall be recorded concurrent with the map, or prior to issuance of building permit where no map is involved. (MHMC 17.20.350 H)

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Resolution No. 23-xxx

I. Stormwater Management: The project is proposing a land use that is considered a priority by the City to implement trash full capture. At improvement plan/building permit stage, the project shall include the installation of a trash full capture system(s) from a list of certified trash full capture systems by the State Water Resources Control Board. The list of certified trash full capture systems can be viewed from the Water Board’s webpage at:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/trash_impleme ntation/2022/fullcptre-availabletopublic10-11.pdf
J. Water:

1. Project shall grid private water from Mission View Drive to De Paul Drive with Phase 1 for pressure redundancy.

2. Install public master meters at two locations: Mission View Drive and De Paul Drive with Phase 1.

3. All new water main installations (public and private) shall adhere to the separation criteria established by the California Waterworks Standards (California Code of Regulations (CCR), Title 22, Division 4, Chapter 16, Section 64572). Any proposal for alternative compliance to these requirements shall be submitted to the State Water Resources Control Board’ Division of Drinking Water, pursuant to CCR, Title 22, Section 64551.100.

K. Private Sanitary Sewer Maintenance Agreement: Prior to final map approval/building permit issuance, the Owner(s) shall enter into a Private Sanitary Sewer Maintenance Agreement with the City for maintenance of all private sanitary sewer facilities which includes the private sewer mains, and sewer laterals. The Agreement shall be recorded at the County Recorder’s Office prior to building final.

L. Reimbursement: Prior to final map approval, the project shall pay reimbursement fees for the actual costs of the following improvements to be constructed by the Redwood Tech Industrial Development and which will benefit the Crosswinds Project (refer to Subsequent Development Reimbursement Agreement executed on October 26, 2022 by the City and Redwood Tech developer):

1. De Paul Drive Improvements (Maximum Reimbursable Amount = $473,591): Half of cost of new wet utilities (water and storm) along Crosswinds’ property frontage.

2. Sanitary Sewer Main Extension (Maximum Reimbursable Amount = $785,301): 55% Cost-share cost (per sewer cost allocation between the Redwood Tech Project and Crosswinds Project) of total estimated sewer extension cost, less the cost to upsize entire length of sanitary sewer main extension from 8” (developers’ responsibility) to 10”.

M. At improvement plan/building permit stage, the developer shall submit the offsite improvement plans to Valley Water for review of the proposed improvements that may impact the existing Valley Water groundwater recharge pipeline along Half Road.

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GENERAL
A. Final Map: The applicant shall have a Final Map prepared by a registered engineer (licensed prior to 01/01/1982: registration number 33,965 or lower) or licensed land surveyor delineating all parcels and easements created. There shall be concurrence in writing by PG & E, Telephone, Cable TV and any other affected agencies to all improvements and easements which are applicable to them. The number and locations of monuments shall be set as required by the City Engineer. (MHMC 17.20.200 A;

17.20.290; 17.24.010)
B. Public and Private Improvements: The applicant shall cause the construction of all public and private improvements in accordance with the latest City Standard Drawings and Specifications. (MHMC 12.02.090 A; 17.32.010 A)
C. Improvement Drawings: The applicant shall submit as part of the improvement drawings for the project, profiles of all improvements in the subdivision and typical cross-sections of all streets and details of curbs, gutters, and sidewalks, to be accomplished to the satisfaction of the City Engineer prior to submittal of Final Map. (MHMC Sec 17.32.060 B; 17.32.070; 17.32.080 A)

1. Improvement plans shall show water lines, sanitary sewer, storm drain system, pavement widths, curve radius, and existing utilities.

D. Encroachment Permits: Obtain necessary encroachment permits from the City of Morgan Hill and provide guarantee covering off-site improvements. (MHMC 12.08.040 A; 12.08.090)
E. Subdivision Improvement Agreement: Enter into a Subdivision Improvement Agreement (SIA) with the City of Morgan Hill to cover required improvements. (MHMC

12.02.150; 17.32.010 B; 17.32.160)
F. Impact Fee Increase: The City of Morgan Hill, pursuant to City Code Chapter 3.56 has established impact fees to finance the cost of improvements required by new development.

City Code Chapter 3.56.050 provides for automatic annual (July 1st) adjustment of those fees in existence utilizing the Engineering News Record Index for the preceding twelve months. The City maintains historical records on the Engineering News Record Index.

These records are available for inspection during normal business hours. (MHMC

3.56.010; 3.56.030; 3.56.050)

1. The developer shall pay all applicable impact fees and other engineering review fees prior to building permit issuance and at building final. The fees shall be based on the Public Works Fee Schedule prepared by Land Development Engineering.

2. The project will be subject to the updated Water Capacity fees, which become effective May 15, 2023. Information related to the City’s impact and development fees are available on the City’s Finance Department webpage at:
https://www.morganhill.ca.gov/1572/Fee-Schedules.

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STREET IMPROVEMENTS
A. Public and Private Streets: The applicant shall cause the design and construction of all new public and private streets serving the project. The design of all new public and private streets shall be consistent with the General Plan Land Use and Circulation Element as well as the Street Standard Details as contained within the Public Works Standards Details. The construction of the streets shall be undertaken to the lines and grades and in a manner satisfactory to the City Engineer. All street improvements shall be constructed to the satisfaction of the City Engineer. The timing of the improvements will be determined by the City. (MHMC 12.02.010; 12.02.090; 17.32.060 B; CMH General Plan; CMH Design Standards and Standard Details for Construction) B. Installation and Dedication of Streets: The project shall install and dedicate street improvement including, but not limited to, curb and gutter, sidewalk, compaction, street paving, oiling, storm drainage facilities, sewer and water, fire protection, undergrounding of utilities and street lighting in conformance with City of Morgan Hill requirements. (MHMC 12.02.010; 12.02.50; 12.02.080; 12.02.100; 17.28.010; 17.32.060) C. Underground existing utilities: All existing overhead utilities adjacent to any site boundary or along any street frontage of site shall be placed underground in accordance with City standards and affected utility company guidelines. (MHMC 12.02.090 B;

17.32.020 E.1)
D. Street Trees: The proposed street trees shall comply with the street tree species and spacing listed under the applicable zone in the Master Street Tree List of the City’s Master Street Tree Plan.

SANITARY SEWER SYSTEM
A. Design of Sewer Improvements: The applicant shall cause to be undertaken the design and construction of sanitary sewer improvements including, but not limited to installation of sewer line extension on the proposed public street(s) or private street(s)/drive aisle(s).

The sanitary collection system shall include, but not be limited to manholes with manhole frames and covers, cleanouts, wye-branches and laterals, and separate sewer taps to each lot. These are to be installed by the developer. (MHMC 13.20.355; 17.32.020 C; CMH Sewer System Master Plan; CMH Design Standards and Standard Details for Construction)
B. Sewer Connections: All existing and future sewer lines shall be tied into the City's system and existing septic systems shall be abandoned in accordance with City requirements. (MHMC 13.24.060; 17.32.20 C)

STORM DRAIN SYSTEM
A. Storm Drainage Study: A complete storm drainage study of the proposed development must be submitted showing amount of run-off, and existing and proposed drainage structure capacities. This study shall be subject to review and approval by the City

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Engineer. All needed improvements will be made by the applicant. No overloading of the existing system will be permitted. (MHMC 17.32.020 B;17.32.090; CMH Design Standards and Standard Details for Construction)
B. Storm Drainage Design: The applicant shall cause the design and construction to be undertaken for a storm drainage collection system shown on the Tentative Map/Design Review plans. All storm drain improvements shall be constructed to the satisfaction of the City Engineer. (MHMC 17.32.020 A & B)
C. Storm Drainage Capacity: Collection system shall be designed to be capable of handling a 10-year storm without local flooding. On-site detention facilities shall be designed to a 25-year storm capacity. Streets shall be designed to carry 100-year storm. Items of construction shall include, but not be limited to installation of storm line extension on proposed public street(s), surface and subsurface storm drain facilities, manholes with manhole frames and covers, catch basins and laterals. Note: the project may be required to retain stormwater runoff as part of resolution R3-2013-0032 prior to releasing discharge rates at pre-development flows. (MHMC 17.32.020 B; 18.74.440; CMH Design Standards and Standard Details for Construction; CMH Storm Drainage System Master Plan)
D. Storm Drainage General Requirements: Prior to final map approval or issuance of a grading permit, the applicant shall complete the following to the satisfaction of the City Engineer.

1. Storm drain calculations to determine detention/retention pond sizing and operations.

2. Plan describing how material excavated during construction will be controlled to prevent this material from entering the storm drain system.

3. Water Pollution Control Drawings (WPCD) for Sediment and Erosion Control. (CMH Design Standards and Standard Details for Construction) E. NPDES Construction Activity General Permit/SWPPP Requirements: As required by the State Water Resources Control Board (SWRCB) Order No. 2009-0009-DWQ, construction activity resulting in a land disturbance of one (1) acre or more of soil, or whose projects are part of a larger common plan of development that in total disturbs more than one (1) acre, are required to obtain coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002 for Discharges of Storm Water Associated with Construction Activity (General Permit). To be permitted with the SWRCB under the General Permit, owners must file a complete Notice of Intent (NOI) ONLINE at: http://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.jsp and develop a Storm Water Pollution Prevention Plan (SWPPP) Manual in accordance with the General Permit. The SWPPP Manual shall follow the CASQA SWPPP template/format at https://www.casqa.org/store/products/tabid/154/p-167-constructionhandbookportal-initial-subscription.aspx and shall be approved by Public Works

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Engineering. A Waste Discharger Identification (WDID) number to be issued to the construction site after the SWRCB receives and verifies the submitted ONLINE NOI information. The WDID number and approved SWPPP Manual shall be provided to Public Works and the Building Department prior to any approval of grading activities (SWRCB NPDES General Permit CA000002).

F. NPDES General Permit/Site SWPPP Inspections and Compliance:

1. ALL project onsite and offsite construction activity shall have the site inspected by a qualified third party SWPPP Inspector (QSD or QSP or RCE).

2. SWPPP Inspections shall occur weekly during the rainy season (September 15th thru May 1st).

3. SWPPP Inspections shall occur bi-weekly during the non-rainy season.

4. 48 hours prior to and following a forecasted rain event, SWPPP Inspections shall occur in addition to those of items 2 or 3 above.

5. Per each of the inspection conditions 2, 3, or 4, the NPDES SWPPP Inspector shall certify in writing to the Building and Public Works Department if the site is in compliance or non-compliance with the NPDES General Permit for Stormwater, site SWPPP Manual, and Water Pollution Control Drawings (per the CMHSWPPP Inspection Check List to be provided by Public Works). QSD/QSP SWPPP Inspectors shall forward onsite and offsite information/certification to the Building (on-site private property issues) and Public Works (public right-of-way issues) inspectors respectively.

6. Prior to rain events, BMPs* not in compliance will need to be corrected immediately.

7. Illicit discharges per the NPDES General Permit, non-compliance of tracking control, and inlet protection within the public right of way shall be address immediately.

8. Other non-compliance issues need to be addressed within a 24-hour period.

9. Non-compliance issues which have been corrected shall be verified by NPDES SWPPP Inspector by a follow up inspection.

10. BMPs maintenance/inspections shall include tree protection if applicable.

G. Reduce construction-related water quality impacts: The following measures shall be included in the project to reduce construction-related water quality impacts to a less than significant level. The measures shall be implemented to the satisfaction of the Director of Development Services or Director’s designee. The BMPs shall be approved by the Director of Development Services or Director’s designee prior to the issuance of a grading permit.

The following BMPs shall be implemented during project construction:
• Burlap bags filled with drain rock shall be installed around storm drains to route sediment and other debris away from the drains.
• Earthmoving or other dust-producing activities shall be suspended during periods of high winds.

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• All exposed or disturbed soil surfaces shall be watered at least twice daily to control dust.
• Stockpiles of soil or other materials that can be blown by the wind shall be watered or covered.
• All trucks hauling soil, sand, and other loose materials shall be covered and all trucks will be required to maintain at least two feet of freeboard. • All paved access roads, parking areas, staging areas and residential streets adjacent to the construction site shall be swept daily (with water sweepers). • Vegetation in disturbed areas shall be replanted as quickly as possible.

WATER SYSTEM
A. Water well abandonment: Abandonment of any existing water well shall be in conformance with Santa Clara Valley Water District (SCVWD) Ordinance 90-1.

Location and disposition to be shown on the plan. Well(s) shall be properly registered with the SCVWD and either be maintained or abandoned in accordance with SCVWD standards.

B. Water Master Meter: All residential units are being served by two (2) master public meter(s) and shall be privately sub-metered as allowed pursuant to Section 13.04.130.C of the Morgan Hill Municipal Code. The owner may, upon compliance with the following, install separate private submeters to each residential unit:

1. The owner shall obtain approval/permit from the Public Works Department for the submeter system.
a. Any submeters shall accurately and completely measure all water consumed from the municipal water system.
b. The owner shall agree to charge the tenant of each unit a water utility charge strictly based on the consumption by the occupants of the unit. c. Installation, maintenance and monitoring of the submeter system shall be the responsibility of the owner, and in no circumstances shall the city be responsible.
d. If any water conservation plan is implemented or imposed by the city, the owner shall be responsible for complying with any reductions required by such plan as measured by consumption on the meter(s) directly connected to the municipal water system.

2. Failure to abide by the above conditions, and/or any other conditions the city may impose, may result in revocation of any permit issued and/or other action as authorized by law, such as at the owners expense install individual public water meters for each unit.

3. Owner/developer shall provide an agreement with the City to cover/outline the requirements of section 13.04.130.C of the Municipal Code to be reviewed and approved by the City Engineer or designee.

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4. Records of bookkeeping and private sub-metering usage shall be accurately maintained digitally. Upon request from the City, records shall be produced to the city within a 24-hour period.

OTHER CONDITIONS
A. Easement Dedications: The owner shall dedicate all necessary utility easements. (MHMC 12.02.080 D; 17.28.010 A)
B. Undergrounding new utilities: The applicant shall cause the design and construction required to underground all electric, gas, Cable TV and communication lines within the development. Such design and construction shall be to the satisfaction of the affected utilities and the City Engineer. (MHMC 17.32.020 E.1)
C. Landscaping and Irrigation Systems: Landscaping and irrigation systems serving common areas that are required to be installed in the public right-of-way on the perimeter of this tract area shall be continuously maintained by the property owner or designated maintenance entity.

D. Final Landscape Plans: Final landscape plans shall be submitted with and included as part of the improvement plans for the subdivision. (MHMC 17.08.090) E. Pre-construction Meeting: Prior to the approval of any Building Permit for grading activity, the developer shall schedule a pre-construction meeting with the Public Works Inspection Division with the following project team members:

1. Civil Engineer of record

2. Geotechnical Engineer of record

3. Third Party QSD/QSP SWPPP Inspector

4. General Contractor

5. Sub-Contractors
F. As-Built Submittal Standards: The developer shall submit digital as-builts of the project’s Final Map, Grading Plan, and Improvement Plans which adhere to the City’s updated GIS/CAD Developer Submittal Standards.

NPDES WATER QUALITY STORMWATER MANAGEMENT DEVELOPMENT

STANDARDS
A. Stormwater Post Construction Requirements (PCRs): Project shall comply with the California Regional Water Quality Control Board Central Coast Region Resolution No.

R3-2013-0032 as documented by the Stormwater Management Guidance Manual for Low Impact Development and Post-Construction Requirements (developed from Resolution No. R-2013-0032 Attachment 1 and 2 at:
http://www.waterboards.ca.gov/centralcoast/water_issues/programs/stormwater/docs/lid /lid_hydromod_charette_index.shtml). A copy of the guidance manual can be obtained through the Land Development Engineering webpage. Project shall provide Stormwater

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Runoff Management Plan, Stormwater Control Plan Checklist and applicable calculations per the Stormwater Management Guidance Manual for Low Impact Development and Post-Construction Requirements. Project shall meet the applicable requirements of the Stormwater Management Guidance Manual for Low Impact Development and PostConstruction Requirements:

1. Performance Requirement 1: Site Design and Runoff Reduction

2. Performance Requirement 2: Water Quality Treatment

3. Performance Requirement 3: Runoff Retention

4. Performance Requirement 4: Peak Management
B. Peak Storm Water Runoff Discharge Rates - Post-development peak storm water runoff discharge rates shall not exceed the estimated pre-development rate for developments where the increased peak storm water discharge rate will result in increased potential for downstream erosion. Note: the project may be required to retain stormwater runoff as part of resolution R3-2013-0032 prior to releasing discharge rates at predevelopment flows.

C. Storm Drain System Stenciling and Signage: All storm drain inlets and catch basins within the project area must be stenciled with prohibitive language (such as: “NO DUMPING – DRAINS TO CREEK”) and/or graphical icons to discourage illegal dumping. Signs and prohibitive language and/or graphical icons, which prohibit illegal dumping, must be posted at public access points along channels and creeks within the project area. Legibility of stencils and signs must be maintained.

D. Trash Enclosure Areas: In addition to compliance with the requirements under Municipal Code Section 18.92.155 (Refuse and Recycling Enclosures), all trash enclosure areas must meet the following Structural or Treatment Control BMP requirements:

1. Roof Required: Trash enclosure areas shall have an all-weather noncombustible solid roof to prevent rainwater from mixing with the enclosure’s contents.

2. Walls Required: Trash enclosure shall have structural walls to prevent unauthorized off-site transport of trash.

3. Doors: Trash enclosure shall have door(s) which can be secured when closed.

4. Grades: The pad for the enclosure shall be designed to not drain outward, and the grade surrounding the enclosure shall be designed to not drain into the enclosure.

5. Drain Inlet: Within the enclosure, an area drain with an approved (Zurn) vandal proof drain shall be installed and shall be plumbed to the sanitary sewer system with grease trap. Grease trap shall be located within the trash enclosure footprint.

E. Design Standards for Structural or Treatment Control BMPs: The post-construction treatment control BMPs shall incorporate, at a minimum, either a volumetric or flowbased treatment control design standard, or both, as identified below to mitigate (infiltrate, filter or treat) stormwater runoff:

1. Volumetric Treatment Control BMP
a. The 85th percentile 24-hour runoff event determined as the maximized capture storm water volume for the area, from the formula recommended

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in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ASCE Manual of Practice No. 87, (1998); or
b. The volume of annual runoff based on unit basin storage water quality volume, to achieve 80 percent or more volume treatment by the method recommended in California Stormwater Best Management Practices Handbook – Industrial/ Commercial, (2003); or
c. The volume of runoff produced from a historical-record based reference 24-hour rainfall criterion for “treatment” that achieves approximately the same reduction in pollutant loads achieved by the 85th percentile 24-hour runoff event.

2. Flow Based Treatment Control BMP
a. The flow of runoff produced from a rain event equal to at least two times the 85th percentile hourly rainfall intensity for the area; or b. The flow of runoff produced from a rain event that will result in treatment of the same portion of runoff as treated using volumetric standards above.

F. Inlets and Riser Pipes for Underground Stormwater Infiltration and Storage Facilities: If proposed with the project, underground stormwater infiltration and storage facilities shall include adequate inlets and/or risers for visual inspection, maintenance and as flush ports.

G. Stormwater Runoff Management Plan (SWRMP): The stormwater runoff management plan shall include sufficient information to evaluate the environmental characteristics of affected areas, the potential impacts of the proposed development on water resources, and the effectiveness and acceptability of measures (post construction BMPs) proposed for managing stormwater runoff.

1. The stormwater runoff management plan shall be prepared under the direction of a professional civil engineer registered in the State of California. The responsible professional civil engineer shall stamp and sign the approved stormwater runoff management plan.

2. The developer shall provide a signed certification from the civil engineer responsible for preparing the Stormwater Runoff Management Plan that all stormwater best management practices have been designed to meet the requirements of this chapter.

H. Stormwater BMP operation, maintenance, and replacement responsibility

1. Prior to building final, the property owner shall submit a signed certification (with signature, date & license number/seal) certifying that all post-construction stormwater management/BMP facilities shown on the as-built drawings were inspected by the civil engineer (or by a qualified third party stormwater inspector hired by the permittee/owner) and have been constructed in accordance with the approved plans and specifications.

2. All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s), an

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owners' or homeowners' association or other legal entity approved by the city.

3. Any repairs or restoration/replacement and maintenance shall be in accordance with city-approved plans.

4. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance.

This maintenance schedule shall be included with the approved stormwater runoff management plan.

I. Stormwater BMP operation and Maintenance Agreement (SWBOMA): Prior to the issuance of any building permit requiring stormwater management BMPs, the owner(s) of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management BMPs. The City standard Stormwater BMP Operation and Maintenance Agreement will be provided by Land Development Engineering at building permit/improvement plan stage.

J. Stormwater BMP inspection responsibility

1. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a certified Qualified Stormwater Practitioner (QSP).

2. Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year (April 15th and September 15th) by the QSP. Written records shall be kept of all inspections and shall include, at minimum, the following information:
a. Site address;
b. Date and time of inspection;
c. Name of the person conducting the inspection;
d. List of stormwater facilities inspected;
e. Condition of each stormwater facility inspected;
f. Description of any needed maintenance or repairs; and g. As applicable, the need for site re-inspection.

3. Upon completion of each inspection, an inspection report shall be submitted to Land Development Engineering.

K. Records of maintenance and inspection activities: On or before April 15th and September 15th of each year, the party responsible for the operation and maintenance of on-site stormwater management facilities under the BMP operation and maintenance agreement shall provide the chief engineer or designee with records of all inspections, maintenance and repairs.

L. Annual Certification of SWRMP – On or before September 30th of each year a Registered Civil Engineer (RCE) shall provide written certification that the developments stormwater quality design standards are properly maintained and functioning as required

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by the SWRMP.

BUILIDNG DIVISION
A. California Code of Regulations: Project shall be designed to comply with the edition of the California Codes of Regulations as amended by the Morgan Hill Municipal Code Title 15 that is in effect at time of Building Permit Application submittal.

B. Compliance with Morgan Hill Municipal Code: Project shall comply with the Morgan Hill Municipal Code (MHMC) including but not limited to:

1. MHMC 15.65 Sustainable Building Regulations.

2. MHMC 18.72.040 C. Electric Vehicle Charging.

3. MHMC 15.40 Building Security

4. MHMC 15.38 Wage Theft Preventions

5. MHMC 18.148 Water Conservation

6. MHMC 15.63 Prohibition of Natural Gas Infrastructure in New Buildings (Applies to all Building Permit Applications Received on or after March 1, 2020) C. Acoustical Analysis: An acoustical analysis report shall be submitted with the building permit documents showing interior and exterior noise mitigations for compliance to the MHMC, California Building Code, and CALGreen Code.

FIRE DIVISION
A. Fire Prevention Division Standard Details and Specifications: Project shall conform to the minimum requirements of The City of Morgan Hill’s Fire Prevention Division Standard Details and Specifications:
https://www.morganhill.ca.gov/DocumentCenter/View/10668/Fire-Details-andSpecs?bidId=.

B. Automatic Fire Sprinkler System Required: Provide proposed fire sprinkler design standard for the R2 and R3 occupancy types. (CFC Chapter 9 as amended by MHMC

15.44.170)

HOUSING DIVISION
A. Inclusionary Housing Agreement: The developer shall execute and record an Inclusionary Affordable Housing Agreement with the City prior to issuance of a building permit. (MHMC 14.04.050)
All new for-sale Residential Projects consisting of two (2) or more Dwelling Units located within the City but outside of Downtown are required to restrict fifteen percent (15%) of the Dwelling Units for sale at Affordable Sales Prices to Moderate-Income Households.

See ordinance and amendment for more specific Inclusionary requirements. Project

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consists of 269 units. 269 x 15% = 40.35 BMR units. Project will build 40 BMR units and pay .35 fractional fee. Fractional Fee shall be paid prior to issuance of building permits for Market-Rate units in a Residential Project.

All Inclusionary Units shall be reasonably dispersed throughout the Residential Project.

City staff request the following BMR unit placement as "reasonably dispersed" to be as follows per sheet T1.3 submitted 8/28/20:
• Total project units = 269/100%
• Total SFD = 56/21% of total project = 8 BMR's/21% of project • Total Attached Duets = 64/24% of total project = 10 BMR's/24% of project • Total Townhomes = 149/55% of total project = 22 BMR's/55% of project B. BMR Standards: The Below Market Rate (BMR) units shall comply with the BMR standards.

BMR standards:

1. Location. BMR units shall be distributed evenly throughout the project.

2. Lot Size. Lot size shall be at least the same size as the smallest lot of a market rate unit within the project;

3. Bedroom Count. Average bedroom count shall be the same as the average bedroom count in the market rate units in the project;

4. Exterior. Exterior trim entry door hardware, and finish to the same standard as the Market Rate

5. Minimum standards for equipment, fixtures, appliances and finishes have been established for the BMR units. All items installed by the developer shall be of good quality and in new condition. Good quality shall be deemed as entry level but generally not the lowest level of product offered for that application. All products shall offer durability, reliability and maintain a quality appearance and function that is standard to most other median priced homes in the area. The below listed items must be installed as a basic feature of each BMR home.

6. Minimum Interior standard finishes will be as follows:
a. All closets shall have doors
b. Interior doors to be raised panel type or same as market rate c. Door hardware to be brass finish or equivalent
d. Appliances shall be major brand name
e. Microwave with an exhaust vent shall be installed over the range f. Kitchen counters shall be white ceramic tile
g. Kitchen cabinets shall be stained wood with white melamine interiors h. Units will be roughed in for AC including electrical and line set. If installation of an Air Conditioner is a standard feature for market rate units, then it is a standard for the BMR units.

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i. Basic alarm system to secure all accessible openings to the home j. Carpet in bedrooms, hallways, family rooms
k. Linoleum or tile entry, bathroom kitchens
l. Laminate flooring may substitute for carpet or linoleum m. Electric garage door opener

7. Timing of Construction. BMR units shall be constructed in proportion to the BMR ownership housing requirement applicable to the project. For example, for a 40- unit project with an 15% BMR ownership housing commitment (6 BMR’s), at least one BMR unit shall be constructed before or concurrently with every 6th market rate unit constructed. The last market rate unit to be completed in the project may not receive a certificate of occupancy until the last BMR unit has received a certificate of occupancy. The Director may approve a modified schedule if the timing requirement will create unreasonable delays in the issuance of certificates of occupancy for market rate units.

SR2020-0010, SD2020-0003, and
EA2020-0007

HALF-DIVIDEND (CROSSWINDS)
June 21, 2023

Crosswinds – Project Site and Location
1

Project:
• Vesting Tentative Map (SD2020-0003)
• Design Review (SR2020-0010)
• Environmental Impact Report (EA2020-0007)
Request:
269-unit Residential Subdivision
• 56 courtyard-style single-family homes
• 64 duets
• 149 townhome-style condominiums
Crosswinds
2

General Plan & Zoning
• Residential Attached Low (density 6-16 units/acre)
• Residential Attached Low (RAL 3,500)
Site Description
• Undeveloped grassland, fallowed agricultural fields, boxed trees, vacant single-family residence
Surrounding Uses
• Vacant land, orchards, single-family residences, health center, Cochrane Tech
Crosswinds
3

Crosswinds – Site Plan
4

Crosswinds – Elevations
5

Crosswinds – Elevations
6

Crosswinds – Elevations
7

Material Boards
8

Vesting Tentative Map
9

• Draft EIR significant impacts:
• Agriculture
• Project converts 16 acres of Prime Farmland
• MM AG-1.1 requires agricultural conservation
on a 1:1 mitigation ratio
• Transportation (VMT)
• Project can not reduce VMT by 15% below
existing City-wide VMT per capita threshold
• MM TRN-2.1 requires Transportation Demand
Management (TDM) plan to reduce VMT; shall
require contribution to MoGo or 100%
subsidized VTA transit passes

CEQA (EIR)
10

• Please Note: These LOS factors were included in the EIR, however, CEQA limits the evaluation of transportation impacts to VMT, not LOS
• Mission View Drive and Half Road
• Cumulative 2030 = LOS F & D without project
• Signalization fair share contribution improves to LOS C • Main Avenue and Condit Road
• Cumulative 2030 = LOS F without project
• Signalization fair share contribution improves to LOS D • Condit Road and Diana Avenue
• Cumulative 2030 = LOS E without project
• Signalization fair share contribution improves to LOS B • Cochrane Road and Mission View Drive
• Cumulative 2030 = LOS F & E without project
• Add second northbound left-turn lane on Mission View Drive • Improves to LOS C
Traffic Improvements (LOS)
11

• PC May 23rd Recommendation:
• Recommended Approval with the following
changes:
• Revise MM TRN-2.1 to require the
developer, instead of the HOA, to provide
the 100% subsidized annual VTA passes
• Added a Condition of Approval requiring
the notification to future project residents of
possible internal street extensions
Planning Commission
12

a. The proposed project is consistent with the general plan and any applicable specific plan, area plan, or other design policies and regulations adopted by the city council.
b. The proposed project complies with all applicable provisions of the zoning code and municipal code.
c. The proposed project substantially complies with all applicable design standards and guidelines contained in the design review handbook.
d. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
e. The proposed development will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity.
f. The proposed project complies with all Design Review criteria in Subsection H of Section 18.108.040 of the
municipal code.

Design Permit Findings
13

a. The proposed subdivision, together with its
provisions for its design and
improvements, is consistent with the
General Plan.

Vesting Tentative Map Findings
14

• SB 330
• Subject to the permit streamlining process
• Objective Standards
• Designed consistent with the December 2019
Residential Development Design and
Development Standards
• Requires a Statement of Overriding
Considerations
• For Significant and Unavoidable impacts
(agricultural conversion and VMT)
Crosswinds Summary
15

Questions?
16

16 CITY COUNCIL STAFF REPORT
MEETING DATE: June 21, 2023
PREPARED BY:

Matthew Mahood, Economic Development Director
APPROVED BY: City Manager
INTRODUCE ORDINANCE AMENDING SECTION 18.24.020 (LAND USE REGULATIONS) OF 18.24 (COMMERCIAL ZONING DISTRICTS) OF
TITLE 18 (ZONING) OF THE MUNICIPAL CODE OF THE CITY OF

MORGAN HILL IMPLEMENTING MINOR AMENDMENTS TO THE

ADMINISTRATIVE OFFICE (CO) ZONING DISTRICT TO ALLOW

VEHICLE-RELATED USES AND OTHER COMPATIBLE USES ON

MINIMUM ONE-ACRE LOTS

RECOMMENDATION(S)

1. Open/close public hearing;

2. Waive first and second reading of the Ordinance Amendment; and

3. Introduce Ordinance Amendment

COUNCIL PRIORITIES, GOALS & STRATEGIES
2022-2023 Strategic Priorities
Fiscal Sustainability
Economic Development
Guiding Documents
Economic Blueprint
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

An ordinance is being proposed that would amend Section 18.24.020 (Land Use Regulations) of Chapter 18.24 (Commercial Zoning Districts) of the Zoning Code to allow vehicle-related uses as well as other compatible uses within the Administrative Commercial (CO) zoning district on lots that are one (1) acre in size or larger.

The Planning Commission held a public hearing regarding the proposed draft Ordinance on May 9, 2023 and recommended the following amendments to Table 18.24-1 (Permitted Land Uses in the Commercial Zoning Districts) within Section 18.24.020 (Land Use Regulations) of Chapter 18.24 (Commercial Zoning Districts) of the Municipal Code are proposed for the Administrative Office (CO) zoning district:

16 a. Allow “Restaurants, Fast Food” as a permitted use. b. Allow “Restaurants, Sit-Down” as a permitted use.
c. Allow “Tasting Rooms” as a permitted use.
d. Allow “Convenience Market with Fuel and Service Station” as a conditional use.
e. Allow “General Retail” as a permitted use.
f. Allow “Fuel and Service Stations” as a conditional use. g. Allow “Vehicle Rentals” as a permitted use.
h. Allow “Vehicle Repair and Maintenance, Minor” as a permitted use when associated with an on-site or off-site automotive manufacturer. i. Allow “Vehicle Sales and Leasing” as a permitted use. j. Allow “Vehicle Washing” as a conditional use.
k. Allow all of the above uses only on a lot sized one-acre or greater.

Complete details of the proposed amendments are provided in the draft Ordinance (Attachment 1) and in the Planning Commission staff report. If the proposed Ordinance is approved, the Code Amendment becomes effective 30 days following the adoption of the Ordinance by the City Council.

Pursuant to Section 18.114.060 (Findings for Approval), the City Council may approve a zoning code amendment only if all of the following findings are made:

1. The proposed amendment is consistent with the General Plan and any applicable specific plan as provided by Government Code Section 65860.

2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

3. The proposed amendment is internally consistent with other applicable provisions of the zoning code.

The proposed amendments are consistent with the above findings as the amendments implement the General Plan and the 2017 Morgan Hill Economic Blueprint, do not propose any new uses that were not analyzed in the Morgan Hill 2035 Environmental Impact Report, and are internally consistent with other applicable provisions of the zoning code.

PLANNING COMMISSION ACTION:

The Planning Commission reviewed the proposed amendments on May 9, 2023.

Following discussion, the Planning Commission approved Resolution No. 23-03 on a 4- 1 vote recommending the City Council approve the proposed Amendments as presented by Staff with the exception of allowing “Vehicle Repair and Maintenance, Minor” as a permitted use when associated with an on-site or off-site automotive manufacturer. The one dissenting vote on the Planning Commission was due to the desire to require all of the proposed uses to be a Conditional Use instead of allowing some of the uses to be a Permitted Use.

16 BACKGROUND:

In February 2002, the City Council authorized an Auto Dealer Assistance Program as a part of an Auto Dealer Economic Development Strategy. Since that time, the City Council has successfully utilized the strategy and incentives to help attract and expand three auto dealers in the City.

In April 2017, the City Council unanimously adopted the 2017 Morgan Hill Economic Blueprint that identified Retail as a key strategy for long-term economic sustainability.

The retail market provides many assets for the community. When done well, retail can create great places, serve the residents and business needs, and be a catalyst for additional new investment. Retail is also an important source of General Fund revenue for the City through sales tax collection. Fostering successful retail nodes and increasing the City’s sales tax revenue requires careful planning and land use flexibility.

The City’s Economic Development team invests significant time, energy, and resources working with local property owners, potential developers, and potential users to identify opportunities for new commercial and retail investment that will support the continued growth and sustainability of the General Fund.

The two largest contributors to the General Fund are Property Tax and Sales Tax.

Property Tax collections make up approximately 35% of the General Fund while Sales Tax collections make up approximately 25% of the General Fund. Within the Sales Tax number, the Autos and Transportation tax group accounts for approximately 25% of the Sales Tax collected. To support continued growth in this sales tax group, the City has previously adopted and implemented the Auto Dealer Incentive program and made the recruitment and expansion of new auto dealers a priority in the Economic Development work plan. A successful auto dealership can generate enough sales tax on an annual basis to support the salaries of two and one-half police officers. The only other use that would generate more tax revenue to the City per acre is an upper midscale hotel.

As the City’s Economic Development team and Planning Division work in partnership to implement the City's Auto Dealer strategy, City staff identified a potential opportunity to increase the amount of available land for future auto dealer users. Auto dealers, and similar businesses, locate in high visibility locations, typically either freeway facing or immediately adjacent to the freeway. And while some of this freeway facing land in the City of Morgan Hill is designated for commercial use in the General Plan, the specific uses related to an auto dealership are currently not permitted on commercial land zoned Administrative Office (CO).

Although the Administrative Office (CO) zoning district supports the future development of professional and general commercial office, the existing CO zoning district provides very limited flexibility and very little opportunity to generate significant sales tax revenue.

Given the freeway proximity of some of the undeveloped CO-zoned land, especially parcels over one (1) acre in size, the Economic Development team sees an opportunity to increase the City’s land-use flexibility that could potentially attract new investment into the CO-zoned properties, especially with auto dealer and related uses, while still protecting professional office, general office, and medical office uses.

16 Following the adoption of the 2035 General Plan on July 27, 2016, the City Council adopted Ordinance No. 2277 N.S., a comprehensive update of Title 18 – Zoning of the City of Morgan Hill Municipal Code, and an Addendum to the Morgan Hill 2035 Environmental Impact Report for the Zoning Code Update. The update included an amendment to the City’s official zoning map consistent with the Morgan Hill 2035 General Plan.

It is important to note, that as part of the 2035 General Plan and the 2018 Comprehensive Zoning Code Update, it was envisioned to remove the Administrative Office (CO) zoning district and designate all properties zoned Administrative Office (CO) with alternate commercial zoning. However, as part of the public hearing process for the 2018 Comprehensive Zoning Code Update, the Planning Commission recommended, and the City Council adopted, to retain the Administrative Office (CO) zoning district in the hope of drawing an office use to Morgan Hill. Several properties that were proposed to be rezoned to another commercial zoning district remained zoned Administrative Office (CO).

During the 2018 Comprehensive Zoning Code Update public hearings, the Planning Commission also recommended, and the City Council adopted, that Assessor’s Parcel Number 817-05-041 (275 Tennant Avenue), which included an existing multi-tenant professional office building, to change the proposed zoning district from General Commercial (CG) to Administrative Office (CO).

The following properties listed below are currently zoned Administrative Office (CO).

Administrative Office (CO) Zoning Districts
Map ID APN Address Zoning Size in Acres
1 728-310-17 Cochrane Rd CO 9.30
1 728-310-19 1040 Cochrane Rd CO 8.00
2 764-190-16 17705 I Hale Ave CO 0.50
2 764-190-17 17705 H Hale Ave CO 0.47
2 764-190-18 17705 F Hale Ave CO 0.25
2 764-190-19 17705 G Hale Ave CO 0.25
2 764-190-20 17705 D Hale Ave CO 0.40
2 764-190-21 17705 E Hale Ave CO 0.50
2 764-190-22 17705 A Hale Ave CO 0.30
2 764-190-23 17705 B Hale Ave CO 0.25
2 764-190-24 17705 C Hale Ave CO 0.25
3 767-120-22 370 W Dunne Ave CO 0.68
4 767-240-18 15345 Calle Enrique CO 0.42
4 767-240-25 15335 Calle Enrique CO 0.42
4 767-240-26 15325 Calle Enrique CO 0.40
4 767-240-27 15305 Watsonville
Rd
CO 0.40
5 817-050-41 275 Tennant Ave CO 1.24

16 Although this is a city-wide change to the CO Zoning District, as indicated in the above table, only three existing parcels (APN’s 728-310-17, 728-310-19, and 817-050-41) would be affected by the proposed amendments to the CO zoning district, due to the three parcels being one-acre in size or larger. However, only two parcels (APN’s 728- 310-17 and 728-310-19) are currently vacant. As mentioned above, APN 817-050-41 (275 Tennant Ave), is developed as a multi-tenant professional office building. In addition, all of the other parcels smaller than one-acre in size (except for APN 764-190- 20) are also developed. However, in the future, nothing would prohibit a developer from assembling smaller commercial properties and seeking a rezone to Administrative Office (CO).

Administrative Office (CO) Zoning District Map

16 PROJECT ANALYSIS AND FINDINGS:

The proposed Zoning Amendment has been analyzed with respect to consistency with the: 1) General Plan, and 2) Zoning Ordinance.

1. General Plan Consistency
The proposed amendments are consistent with the General Plan as the amendments implement the General Plan and the 2017 Morgan Hill Economic Blueprint.

2. Zoning Ordinance Consistency
The purpose of the Zoning Code is to implement the General Plan and to protect public health, safety, and welfare. The City may approve a Zoning Amendment only if the following findings are made:
a. The proposed amendment is consistent with the General Plan and any applicable specific plan as provided by Government Code Section 65860.

Consistent
The proposed text amendments are consistent with the General Plan as the amendments implement the General Plan and the 2017 Morgan Hill Economic Blueprint.
b. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

Consistent
The proposed text amendment consists of implementing the General Plan and the 2017 Morgan Hill Economic Blueprint and does not propose any new uses that were not analyzed in the Morgan Hill 2035 Environmental Impact Report, and, therefore, will not be detrimental to the City.
c. The proposed amendment is internally consistent with other applicable provisions of the zoning code.

Consistent
The proposed revisions will implement the General Plan and the 2017 Morgan Hill Economic Blueprint, and, therefore, are internally consistent with the overall zoning code.

CONCLUSION:

The proposed Zoning Code amendments will further support Morgan Hill's 2017 Economic Blueprint in the area of Retail development and provide additional land use flexibility that is critical to the City’s future economic vitality and sustainability. The Zoning Code amendment only removes a potential barrier to entry. Any actual project would be required to go through the City's entitlement process. Therefore, staff recommends the City Council adopt the Resolution approving the Zoning Amendment.

16 COMMUNITY ENGAGEMENT:

Inform/Engage
A 10-Day public hearing notice was published in the Friday, June 9, 2023 edition of the Morgan Hill Times pursuant to Government Code Sections 65090-65096. Notices were also provided on the City’s 411, City’s website, and via social media. On May 9, 2023, the Planning Commission held a public hearing regarding the proposed ordinance amendments in which a 10-day public hearing notice was published in the Friday, April 21, 2023 edition of the Morgan Hill Times.

In addition, the City's Economic Development team presented the proposed Zoning Code Text Amendment to the Morgan Hill Chamber of Commerce's Economic Development Committee on May 11, 2023 and conducted a Neighborhood meeting on June 15, 2023. The Neighborhood meeting was promoted in the City's 411.

ALTERNATIVE ACTIONS:

If the City Council does not take action on the proposed ordinance amendments, the Municipal Code will remain as-is. The Council may also make modifications to the proposed amendments, or not approve certain sections that the Council deems appropriate.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On May 9, 2023, the Planning Commission recommended approval of the Zoning Code Text Amendment on a vote of 4-1 with two members absent.

In January 2023, the City Council reaffirmed the Economic Development department's strategic priorities to include the attraction and recruitment of hotels and auto dealers.

On December 18, 2019, the City Council adopted Ordinance No. 2310 N.S., amending various sections of Title 18- Zoning of the City of Morgan Hill Municipal Code. The update included amendments to provide distinct definitions and standards for standalone convenience markets, convenience markets with fueling stations, and liquor stores.

On June 6, 2018, the City Council adopted Ordinance No. 2277 N.S., a comprehensive update of Title 18 – Zoning of the City of Morgan Hill Municipal Code. The update included an amendment to the City’s official zoning map consistent with the Morgan Hill 2035 General Plan.

In April 2017, the City Council unanimously adopted the 2017 Morgan Hill Economic Blueprint that identified Retail as a key strategy for long-term economic sustainability.

In 2002, 2003, 2013, 2014, and 2017, the City created and utilized the Auto Incentive program to attract and expand new auto dealers to the City of Morgan Hill.

FISCAL AND RESOURCE IMPACT:

16 Staff regularly brings forward bundles of minor amendments as necessary to enhance and/or refine the Code; and therefore, the cost is borne, and work is accommodated, within the respective division's annual workplan and budget.

CEQA (California Environmental Quality Act):

There are no new significant environmental impacts or previously identified significant impacts associated with the Project. Therefore, the City determined that an Addendum to the Morgan Hill 2035 General Plan Final Environmental Impact Report (EIR) is the appropriate California Environmental Quality Act (CEQA) document to address project modifications in accordance with CEQA Guidelines Section 15164. CEQA Guidelines Section 15164(c) provides that an addendum need not be circulated for public review.

ORDINANCE NO. , NEW SERIES

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MORGAN HILL AMENDING SECTION 18.24.020
(LAND USE REGULATIONS) OF CHAPTER 18.24
(COMMERCIAL ZONING DISTRICTS) OF TITLE 18
(ZONING) OF THE MUNICIPAL CODE OF THE CITY OF

MORGAN HILL IMPLEMENTING MINOR AMENDMENTS

TO THE ADMINISTRATIVE OFFICE (CO) ZONING

DISTRICT TO ALLOW VEHICLE-RELATED USES AND

OTHER COMPATIBLE USES ON MINIMUM ONE-ACRE
LOTS

THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES ORDAIN AS FOLLOWS:

Section 1. Table 18.24-1 (Permitted Land Uses in the Commercial Zoning Districts) within Section 18.24.020 (Land Use Regulations) of Chapter 18.24 (Commercial Zoning Districts) of Title 18 (Zoning) is hereby amended to read as follows:

Table 18.24-1 Permitted Land Uses in the Commercial Zoning Districts Key
P Permitted Use
A Administrative Use Permit
required
C Conditional Use Permit
required
— Use not allowed
Zoning District Additional
Regulations

CO CN CG CH CS
Residential Uses
Caretaker Quarters — — C — C
Nursing Homes and Long-Term
Care
C C C — —
Residential Care Facilities — C — — —
Public and Quasi-Public Uses

Colleges and Trade Schools — C C — —
Community Assembly C C C — —
Cultural Institutions C C C — C
Day Care Centers — C A — C
Government Offices — P P — C
Instructional Services P A A A A
Medical Offices and Clinics P P P A C
Schools, Public and Private C C C — —
Social Services C C C — C
Commercial Uses
Animal-Related Uses —
Animal Boarding — C C — C
Veterinarian Clinics and
Hospitals

P A A A P
Banks and Financial
Institutions

P P P P P
Business Support Services — P P P P
Cinemas and Theatres — A A A A
Commercial Recreation, Indoor
≤ 15,000 sq. ft. C P P P P
> 15,000 sq. ft. — C C C C
Drive-Through and Drive-In
Facilities
C C C C C 18.92.040
Eating and Drinking Uses
Bars and Nightclubs — C C — —

Restaurants, Fast Food P[4] C P P C
Restaurants, Sit-Down P[4] C P P C
Tasting Rooms P[4] C A P C
Funeral Parlors and Mortuaries — — C — C
Lodging Facilities
Hotels and Motels — C A P A
Mini-Storage — — C — C
Personal Services P P P — C
Plant Nurseries — — C — P
Professional Offices P P P P P
Retail Uses
Convenience Markets — C C C C
Convenience Market with Fuel
and Service Station
C[4] C C C C
General Retail P[4] P P P C
Home Improvement Centers — — P — P
Liquor Store — C C C C
Large Commodity Retail — — C — C
Vehicle-Related Uses
Convenience Market with Fuel
and Service Station
C[4] C C C C
Fuel and Service Stations C[4] C C C C
Towing and Impound — — — — C
Vehicle Rentals P[4] C
[2]
C
[2]
P P

Vehicle Repair and
Maintenance, Minor P[4][5]
— C — P
Vehicle Sales and Leasing P[4] C
[1]
C
[1]
P P
Vehicle Washing C[4] C C C C
Wholesaling — — C — P
Industrial Uses
Construction and Material
Yards
— — — — C
Food and Beverage Production
< 5,000 sq. ft. [3] — A A A A
5,000 sq. ft. to 10,000 sq. ft.
[3]
— A A C A
> 10,000 sq. ft. — — — — C
Research and Development — — — — C
Warehousing and Distribution,
Large and Small
— — — — C
Transportation,
Communication, and Utility
Uses
Freight Terminals and Transfer — — — C —
Light Fleet-Based Services — C C — C
Parking Lots and Structures — — C — C
Recycling Facilities
Reverse Vending Machine — C C C C
Recycling Collection Facility — — — — C

Transportation Terminals — — — C
Utilities, Major — — C — C
Wireless Communications
Facilities
See Chapter 18.96
Other Uses
Accessory Uses See Chapter 18.44
Temporary Uses See Section 18.92.150
Notes:
[1] Allowed only when conducted entirely within an enclosed building without outdoor storage and display of vehicles.
[2] Vehicles stored outdoors must be fully screened from public view. [3] On-site wholesale or retail sales required.
[4] Allowed only on a lot sized one-acre or greater.
[5] Allowed only when associated with an on-site or off-site automotive manufacturer.

Section 2. Severability. Should any provision of this ordinance be deemed unconstitutional or unenforceable by a court of competent jurisdiction, such provision shall be severed from the ordinance, and such severance shall not affect the remainder of the ordinance.

Section 3. Effective Date; Posting. This Ordinance shall take effect on ____ ______, 20__. The City Clerk is hereby directed to publish this Ordinance or a summary thereof pursuant to Government Code Section 36933.

THE FOREGOING ORDINANCE WAS INTRODUCED AT A MEETING OF THE CITY COUNCIL HELD ON THE _____ DAY OF _____, 20__, AND WAS FINALLY ADOPTED AT A MEETING OF THE CITY COUNCIL HELD ON THE _____ DAY OF ________, 20__, AND SAID ORDINANCE WAS DULY PASSES AND ADOPTED IN ACCORDANCE WITH LAW BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: ATTEST:

______________________________ _______________________________ MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk

CERTIFICATE OF THE CITY CLERK

I, MICHELLE BIGELOW, CITY CLERK OF THE CITY OF MORGAN HILL, CALIFORNIA, do hereby certify that the foregoing is a true and correct copy of Ordinance No. , New Series, adopted by the City Council of the City of Morgan Hill, California at their regular meeting held on the ____ day of ________, 2023.

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.

DATE: _____________________ _____________________________ MICHELLE BIGELOW, City Clerk

From: Rene Spring
To: Christina Turner
Subject: Fwd: In favor-Auto Dealer Zone & Health Offices Date: Thursday, June 15, 2023 10:04:56 AM
Sent from my iPhone
Begin forwarded message:

From: Michele Rumfola <[email protected]>
Date: June 15, 2023 at 10:02:48 AM PDT
To: Mark Turner <[email protected]>, Rene Spring <[email protected]>, Yvonne Martinez Beltran <[email protected]>
Subject: In favor-Auto Dealer Zone & Health Offices
Dear Councilman/Councilwoman,
I am sure you are receiving many letters against the rezoning for auto dealers around the Trammel Crow property driven by the followers of MH Responsible growth. While growth and development is not something I fully support, I understand it’s needed.

I support auto dealers and/or expansion of DePaul and medical offices. My 84 year old mother in law has medical coverage through Santa Clara and I would love to see more resources for her in our area, instead of driving her to San Jose for basic testing. Our area needs more health offices, especially with the growing population! I would FULLY support Kaiser or DePaul building in our area! In terms of auto dealers, support rezoning for two Auto dealers instead of more housing or warehouses. Auto dealerships are clean, well lite at night, and bring far less traffic and cars to the area than housing does. Plus the city earns tax revenue from sales. Also as resident of MH who bought a car at Ford, I liked supporting my local dealer, while also providing tax revenue to my city.

Lastly it brings jobs. From mechanics, to support staff to salespeople. Our salesperson at MH Ford lives in Soledad! What a great way MH can support workers from Santa Clara county to San Benito and beyond. Plus they might take less resources, such as water, (Can their lights be hooked up to solar panels?) In my support of this I only ask that you don’t cut deals with the businesses. Let’s capitalize on their interest as much as we can. I also ask that it does not become another lot for more housing, as we already have crosswinds coming to that area.

We live in the area discussed and I would much rather see clean, well landscaped, and a variety of dealerships or zoning for medical establishments than more housing or warehouses.

Thank you for your time,
Michele & Miguel Cabrera
WARNING: This message is from an external user. Confidential information such as social security numbers, credit card numbers, bank routing numbers, gift card numbers, wire transfer information and other personally identifiable information should not be transmitted to this user. For question, please contact the Morgan Hill IT Department by opening a new helpdesk request online or call 408-909-0055.

From: Rene Spring
To: Christina Turner
Subject: Fwd: Development
Date: Thursday, June 15, 2023 6:34:11 AM
Sent from my iPhone
Begin forwarded message:

From: Teri Koss <[email protected]>
Date: June 15, 2023 at 5:05:31 AM PDT
To: Rene Spring <[email protected]>
Subject: Development
Dear City Council,
I strongly oppose the proposed 'Zoning Text Amendment to add vehiclerelated uses such as Vehicle Sales, Rentals, and Minor Repair and Maintenance to the Administrative Office (CO) zone'.

From a practical standpoint this change only impacts the land owned by Trammell Crow at Cochrane Road and Highway 101. During the May 9th Planning Commission meeting, City Staff stated they wanted to give a potential developer 'increased certainty' on how they could develop this property as part of an updated Auto Dealership strategy. What certainty does the community have that the developer won't just build a giant auto mall? The existing zoning code reflects input from the community and City leaders on how the City should develop and grow and is consistent with it's proximity to a revitalized De Paul Health Center. Our community needs more options and more availability of health care services and I want the city to promote and incentivze Medical Office developers instead of more Auto Dealerships, especially since the City has identifed other 'preferred sites' which they have been marketing as suitable for auto dealerships. If a land owner has a development proposal, they should submit it and share it with the community.

If this change is approved, no protection would remain to preserve the CO designated land at Cochrane Road and Highway 101 for uses the community and city leaders desire (as codified in the General Plan with the CO designation) such as medical offices. I understand that medical offices would still be allowed to be built on the site, but if a developer can make a larger profit building an auto mall that's what they will do if allowed.