Morgan Hill City Council
August 23, 2023

DocuSign Envelope ID: 085EBC92-E26B-4886-A510-F1851CB104AE DocuSlgn Envelope ID: F14D4D16-76CD•4EFE-B52C-B1A3240516C7

11. The Program leadership shall represent the interests of the Program with other entities� Counties, and Ca1Recyc1e.

12. The Program leadership shall create reports about Program activities at the end of each fiscal year. These reports shall include monitoring statistics, details on overall compliance, compliance in certain sectors, total number of pounds of food recovered, and a summary of all enforcement actions taken.

13. Statistics about food recovery in Santa Clara County will be shared on the Office of Sustainability website as part of the Sustainability Master Plan Data Dashboard and the Annual Sustainabj]jty Report.

All Parties to this MOU will receive the Base Program services.

Infrastructure Enhancements Program
As shown in Exhibit A of this MOU,jurisdictions have chosen to contribute to the edible food recovery Infrastructure Enhancements Program which will direct additional food recovery resources to participating jurisdictions between July 1, 2023 and June 30, 2024. The 1nfrastructure Enhancements Program will include two subprograms, described as follows; 1) SmaJl Capacity Grants. Grants will be issued to increase the food recovery capacity of food recovery organizations that serve contributing jurisdictions. Applications will be so]idted, awards will be issued, and funds wm be distributed. Joint Venture Silicon Valley wm provide infonnation for Annual Reportfog that shows how c.ontributions to this subprogram were spent on behalf of each participating Agency.
2) Food Waste Prevention Classes. A webinar/in-person series wi11 be advertised for different sectors regulated under SB 1383 (e.g., restaurants, hospitals, schools, large events). The series wil1 promote food waste prevention measures specific to each regulated sector, provide food recov�ry tips and best pract
ices, and teach businesses and organizations how to comply with SB 1383 and local ordinances. The series will start with Tier 2� and then move into Tier 1 groups that answered 'zero pounds' in their reports, if funding allows. Joint Venture Silicon Valley wm provide information for Annual Reporting that shows how contributions to this subprogram were spent on behalf of each participating Party.
iii

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5 CITY COUNCIL STAFF REPORT
MEETING DATE: August 23, 2023
PREPARED BY:

Kim Mancera, Deputy City Clerk
APPROVED BY: City Manager
ADOPT ORDINANCE 2347, NEW SERIES, 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)
Waive the reading, adopt Ordinance No. 2347, New Series, and declare that said title, which appears on the agenda, shall be determined to have been read by title and further reading waived.

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

On June 21, 2023, the City Council introduced Ordinance No. 2347 New Series, by the following roll call vote: AYES: Borgioli, Librers, Turner; NOES: Martinez Beltran, Spring; ABSTAIN: None; ABSENT: None.

On June 21, 2023, City staff introduced an 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 with proposed minor amendments to the Administrative Office (CO) Zoning District to allow vehicle-related uses and other compatible uses on minimum one-acre lots. After significant discussion and listening to community comments, the City Council approved the first reading of the proposed ordinance on a 3-2 vote. As part of the City Council adoption of the proposed ordinance, the City Council directed staff to return to the City Council with specific design

5 guidelines for vehicle sales. These guidelines are included in a separate agenda item under "Other Business."
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.

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.

On Monday, July 31, City staff held a meeting with community stakeholders who had previously expressed an interest in the CO Zoning Text Amendment and the location of auto/vehicle dealers on the Trammell Crow North 30 property to hear their concerns and gather feedback to be included in the design guidelines.

On August 8, 2023, staff held a public workshop with the Planning Commission to review draft design guidelines and receive additional input.

ALTERNATIVE ACTIONS:

Not Applicable.

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.

5 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:

No fiscal impact.

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. 2347, 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 VEHICLERELATED 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 — —

City of Morgan Hill
Ordinance No. 2347, New Series

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

City of Morgan Hill
Ordinance No. 2347, New Series

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

City of Morgan Hill
Ordinance No. 2347, New Series

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

City of Morgan Hill
Ordinance No. 2347, New Series

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 the 31st day following adoption 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 21st DAY OF JUNE, 2023, AND WAS FINALLY ADOPTED AT A MEETING OF THE CITY COUNCIL HELD ON THE 23RD DAY OF AUGUST, 2023, 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

City of Morgan Hill
Ordinance No. 2347, New Series

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. 2347, New Series, adopted by the City Council of the City of Morgan Hill, California at their regular meeting held on the 23rd day of August, 2023.

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

DATE:

MICHELLE BIGELOW, City Clerk

6 CITY COUNCIL STAFF REPORT
MEETING DATE: August 23, 2023
PREPARED BY:

David Gittleson, Associate Engineer
APPROVED BY: City Manager
APPROVE ACQUISITION OF SEWER EASEMENT (TSAI) APN 841-09- 061 FOR THE SEWER RELIEF TRUNK LINE PROJECT

RECOMMENDATION(S)

1. Adopt resolution approving the purchase of a sewer easement (4,046 square feet), APN 841-09-061 for $50,000 plus escrow and closing costs from Undine Tsai, Trustee, for the Sewer Relief Trunk Line Project; and

2. Authorize the City Manager to execute all documents and make minor modifications as necessary in order to consummate the transaction.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Protecting the Environment and Preserving Open Space and Agricultural Land Maintaining and Enhancing Infrastructure
2022-2023 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Morgan Hill 2035 General Plan
Wastewater System Master Plan
REPORT NARRATIVE:

Hydroscience Engineers, Inc. were initially hired in May 2016 to design a sewer trunk line between Highland Avenue to Cohansey Avenue. The following year, City Council extended the design to Renz Lane in Gilroy, approximately seven miles in total length, to complete the full design. To date, the alignment has been approved by the City of Gilroy City Council and the plans are 98% complete. Excluding the Tsai easement, there are a total of two sewer easements remaining that will need to be acquired by the City of Morgan Hill in order to install the sewer trunk. One easement is needed from PG&E and the other by the City of Gilroy. Staff is currently working with both agencies to acquire these easements. This staff report focuses on the (Tsai) private citizen easement.

6 In September 2021, the City notified the Tsai family that a sewer easement was required for the Sewer Relief Trunk Project. In January 2022, the City made an initial offer to the Tsai family for an appraised value of $45,000, which consisted of 4,046 square feet of easement. The Tsai family reviewed the City's offer and countered with $50,000, citing the appraisal was more then 6 months old and that the property had development potential. Since an updated appraisal cost is $5,000 and takes a few months to prepare, staff concluded that agreeing to their offer is more efficient and avoids high condemnation costs should an agreeable amount not be reached.

Subsequently, a Property Purchase Agreement was prepared and signed by the property owner (Attachment 1). Staff, therefore, recommends that City Council approve the property purchase as: 1) the property is required for the project, 2) the owner is a willing seller, 3) the settlement increase is relatively small, and 4) the cost to litigate would be substantially greater. The purchase price is thus $50,000 plus escrow, closing costs, attorney review fees, and title insurance.

Also attached (Attachment 2) is the Sewer Easement and Maintenance Agreement for County recordation, executed by the owners.

COMMUNITY ENGAGEMENT:

Inform
Numerous community engagement and design meetings were held throughout the early planning and design phases of the project. In addition, the Environmental Report process also included opportunities for the community to provide input regarding the scope, content, and potential environmental impacts from the project.

ALTERNATIVE ACTIONS:

No feasible alternative options. Without the sewer easements, the City would not be able to install the sewer relief trunk line as designed. The current alignment was previously approved by the City of Gilroy. Changing the alignment now would be cost prohibitive and would not guarantee that other easements would not be required.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On May 4, 2016, City Council approved a design agreement with HydroScience Engineers, Inc. for $651,760 for the preparation of design plans and specifications for the sewer trunk segment between Highland and Cohansey.

On April 19, 2017, City Council approved a First Amendment with Hydroscience Engineers, Inc. for $521,900 to accelerate the design and complete the design to Renz Lane in Gilroy.

On December 15, 2021, City Council approved a Fourth Amendment with Hydroscience for an additional $75,000 and approved and certified the project Mitigated Negative Declaration.

On November 16, 2022, City Council approved the acquisition of the Patel sewer

6 easement for the Sewer Relief Trunk Line Project.

FISCAL AND RESOURCE IMPACT:

Sufficient funds for the $50,000 sewer easement acquisition plus escrow and closing costs have been budgeted for the project. Closing costs are estimated at $2,000 and the Tsai Family has requested the City cover their attorney review fees, which have been identified as a fixed cost of $5,000. Thus, the total price to acquire the easement is roughly $57,000. The project is budgeted in the approved Fiscal Year 2022-23 Capital Improvement Program under CIP #308A08 with $3,000,000 from the Sewer Impact Fund (641).

CEQA (California Environmental Quality Act):

Not a Project
The sewer easement acquisition is not considered a project, as defined in Section 15378 of the State CEQA Guidelines. However, the Sewer Relief Trunk Line project itself is a project. David J. Powers prepared an Initial Study and the City Council approved and certified a mitigated negative declaration at the December 15, 2021 City Council meeting.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORGAN

HILL APPROVING A PURCHASE AGREEMENT FOR A SEWER
EASEMENT (APN 841-09-061) FROM TSAI, FOR THE SEWER RELIEF

TRUNK LINE PROJECT
WHEREAS, the Sewer Relief Trunk Line Project is included in the Fiscal Years 2022-23 Capital Improvement Program under CIP#308A08 with funding budgeted for purchasing right of way and design professional services. The subject property from Undine Tsai, as Trustee, is required in order to construct the project, and therefore in the public’s interest to acquire a portion of the real property for the public Project (Hale Avenue Extension Project); and WHEREAS, on January 20, 2022, the City of Morgan Hill made a voluntary offer to purchase a sewer easement (4,046 square feet) from Undine Tsai, as Trustee, for the appraised value of $45,000 from a state certified MAI appraiser; and WHEREAS, on June 23, 2023, the property owner, Undine Tsai as Trustee signed an Easement Purchase Agreement for an administrative settlement amount of $50,000; and
NOW, THEREFORE, City Council of the City of Morgan Hill, based upon the foregoing and all documents, statements and facts known to City Council, does hereby resolve:

SECTION 1. Approval of Easement Purchase Agreement. City Council approves the Easement Purchase Agreement to acquire a sewer easement (4,046 SF) for a total amount of $50,000 from Udine Tsai as Trustee, see Attachment 1. The Settlement amount of $50,000 plus the escrow, closing costs ($2,000 est.) and attorney fees ($5,000) are hereby approved.

SECTION 2. Authority to City Manager. City Council authorizes the City Manager to execute the Agreement and all documents necessary to consummate the transactions contemplated therein, including without limitation, accepting the Grant Deed. City Council further authorizes the City Manager to make minor modifications to the foregoing described documents which may be necessary to consummate the transactions.

SECTION 3. CEQA.

Not a Project
The sewer easement acquisition is not considered a project, as defined in Section 15378 of the State CEQA Guidelines.

However, the Sewer Relief Trunk Line project itself is a project. David J. Powers prepared an Initial Study and the City Council approved and certified a mitigated negative declaration at the December 15, 2021 City Council meeting.

PASSED AND ADOPTED by the City Council of Morgan Hill at a Regular Meeting held on the 23th day of August 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Date: ___________________________
________________________________
Mark Turner, MAYOR

∪ 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. , adopted by the City Council at a Regular Meeting held on August 23, 2023.

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

DATE: _____________________
___________________________________
Michelle Bigelow, City Clerk

G:\R-14\Proj\GIS\Agustin\2022 pvmnt.mxd
Engineering and Utilities Department
CIP Engineering Division
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

ACQUISITION OF TSAI

SEWER EASEMENT O
310 0 310 620 930 155
Feet
Sewer Easement
Location
US
101
E 6TH ST
MAPLE
ST
EAST
ST
E 7TH ST

7 CITY COUNCIL STAFF REPORT
MEETING DATE: August 23, 2023
PREPARED BY:

Chris Ghione, Public Services Director
APPROVED BY: City Manager

APPROVE CONTRACTS WITH ANDERSON PACIFIC ENGINEERING

CONSTRUCTION AND GOLDEN BAY CONSTRUCTION FOR ON-CALL

UNDERGROUND CONSTRUCTION

RECOMMENDATION(S)
Authorize the City Manager to execute and administer on-call water and sewer repair contracts with Anderson Pacific Engineering Construction with compensation up to $400,000, and Golden Bay Construction with compensation up to $400,000.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Protecting the Environment and Preserving Open Space and Agricultural Land Maintaining and Enhancing Infrastructure
REPORT NARRATIVE:

In September 2021, after a request for proposals, the City entered into contracts with West Valley Construction and Pacific Underground Construction to provide on-call underground construction work. The purpose of these companies' contracts was to provide on-call timely work in urgent and emergency situations. The intent of having multiple on-call contractors is to undertake emergency repairs while at the same time ensuring the best value for the City. The City requests cost estimates from on-call contractors prior to initiating work when possible.

Typical work to be performed under these contracts includes repair of water service leaks, water main leaks, hydrant repair, valve replacement, water service replacement, meter installation, sewer main repairs, sewer lateral repair, manhole repair or installation, backfill of excavations, compaction, and final paving of streets.

However, over the last several months, the City has run into several occasions where the current companies with contracts for underground work have been unable to provide service to the City. This has been due to lack of company resources or work requests that are outside the company's area of expertise. This has left repair jobs waiting and the City unable to complete some necessary storm repairs since last winter. For this reason, City staff is proposing to add two additional companies to the on-call list for underground contractors. Anderson Pacific Engineering Construction is a reputable

7 company located nearby (Santa Clara), which has provided strong references for doing complex repair work for other government entities. The company has also performed considerable work for government entities where FEMA reimbursement is available.

Golden Bay Construction has done numerous projects for the City in the past, including underground work, road work, and traffic signal installation. Golden Bay has been very responsive to City requests to complete work quickly in the past.

It is the intent of City staff to bring these two contractors on now to support immediate repair needs and potential emergency repairs for the coming year. Staff reached out to numerous qualified firms attempting to get them to take on on-call work for the City, but were only successful in obtaining commitments to be able to perform work immediately from Anderson Pacific and Golden Bay Construction. City staff intend to develop another request for proposals in 2024 to solicit and award future contracts. Approving these on-call service agreements now will assist the City in making timely repairs to its infrastructure and provide further protection should significant emergency situations arise again in the future.

COMMUNITY ENGAGEMENT:

Not Applicable
Ongoing maintenance of City infrastructure, including emergency response, is an expected service provided by the City.

ALTERNATIVE ACTIONS:

The City Council could choose not to enter into the contract for one or both contractors.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The Council previously approved the initial on-call underground repair contracts on September 1, 2021 for West Valley Construction and Pacific Underground Construction.

Amendments to these contracts were approved by the City Council on April 19, 2023.

FISCAL AND RESOURCE IMPACT:

Unanticipated repairs are budgeted annually across various areas of the City Budget.

Last year, significant repair work was needed due to damage caused by significant storms, with repair work eligible for FEMA reimbursement.

CEQA (California Environmental Quality Act):

Categorical Exemption
This project is Categorically Exempt pursuant to Section 15301 of CEQA Guidelines because the work to be performed is the repair of existing City infrastructure involving no expansion of existing use.

1 Updated: May 2023

MAINTENANCE SERVICE AGREEMENT
ANDERSON PACIFIC ENGINEERING CONSTRUCTION, INC.

THIS AGREEMENT is entered into and becomes effective on _______________ (Effective Date), by and between the CITY OF MORGAN HILL, a municipal corporation, ("CITY"), and Anderson Pacific Engineering Construction, Inc. a California corporation ("SERVICE PROVIDER") hereinafter referred to collectively as “Parties.” In consideration of the promises and the mutual covenants contained in this Agreement, the Parties agree as follows:

1. City Authority. This Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on ___________, ____, 20___.

2. Term of Agreement. This Agreement shall cover services rendered from the Effective Date of this Agreement until June 30, 2026, at which time SERVICE PROVIDER’S services shall be completed.

The City Manager is authorized to extend the term of this Agreement for a maximum period of one year.

Any such extension shall be in writing and signed by both Parties to this Agreement.

3. Scope of Service. The services to be performed by SERVICE PROVIDER shall be on-call water and sewer repairs as further described in Exhibit A.

4. Compensation. SERVICE PROVIDER shall be compensated as follows:

4.1. Amount. $400,000. Total compensation to SERVICE PROVIDER under this Agreement during its initial term set forth in Section 2 above shall not exceed Four Hundred Thousand dollars and shall be billed based on the rate and basis set forth in Exhibit B.

If the City Manager extends the term of this Agreement pursuant to the provisions of Section 2 above, the City Manager shall have the authority to increase the maximum compensation allowed to be paid to SERVICE PROVIDER during that extended term period, so long as City Council has appropriated sufficient funds therefor, the Parties mutually agree to such amount in a writing signed by both Parties to this Agreement and provided further that in no event shall such maximum compensation allowed for the extended term exceed 105% of the maximum compensation allowed to be paid to SERVICE PROVIDER for one year of service during the initial term of this Agreement.

4.2. Billing. SERVICE PROVIDER shall provide CITY with an invoice containing the dated, detailed, and itemized descriptions of all services performed and expenses incurred (if such expenses are reimbursable pursuant to Exhibit B) by SERVICE PROVIDER on a monthly basis unless otherwise specified in Exhibit B. All invoices shall be sent to the CITY addressed to the department head or project manager identified below in Section 14 Notices. Payment will be made to SERVICE PROVIDER within thirty (30) days of receipt of invoice by CITY. Any rate charged shall be prorated where services are interrupted or not provided for any rate period (for example, any monthly rate charge should be prorated when services were interrupted or provided for only part of the month). For services billed on an hourly rate, the minimum unit of billed time shall not exceed one tenth of one hour. CITY shall pay for services and expenses (if so provided in Exhibit B) up to the limit of compensation set forth above, that in the CITY’S judgment were necessary and reasonable. Services for work performed and expenses incurred in excess of the total compensation set forth in paragraph 4.1 above shall be at no cost to CITY.

2 Updated: May 2023

5. Termination. CITY or SERVICE PROVIDER shall have the right to terminate this Agreement, without cause, by giving thirty (30) days' written notice or less under urgent circumstances. Upon such termination, SERVICE PROVIDER shall submit to CITY an itemized statement of services performed for which compensation has not been paid. CITY may require SERVICE PROVIDER to complete certain work product or documents and SERVICE PROVIDER shall deliver to CITY all documents in its possession without additional compensation to SERVICE PROVIDER. The City Manager is authorized to terminate this Agreement, in whole or in part, on behalf of CITY.

5.1. Non-Appropriations. Notwithstanding anything contained in this Agreement to the contrary, if insufficient funds are appropriated, or funds are otherwise unavailable in the budget for CITY for any reason whatsoever in any fiscal year, for payments due under this Agreement, CITY will immediately notify SERVICE PROVIDER of such occurrence, and this Agreement shall terminate after the last day during the fiscal year for which appropriations shall have been budgeted for CITY or are otherwise available for payments.

6. Performance of Work. SERVICE PROVIDER represents that it is qualified by virtue of experience, training, education, and expertise to accomplish these services. Services shall be performed by SERVICE PROVIDER in accordance with professional practices in a manner consistent with a level of care, competence and skill exercised by qualified members of SERVICE PROVIDER’S profession. By delivery of completed work, SERVICE PROVIDER certifies that the work conforms to the requirements of this Agreement and all applicable federal, state, and local laws. SERVICE PROVIDER is liable for any property damage caused by SERVICE PROVIDER or its Subcontractors during performance of the services and shall notify the CITY of damage within 24 hours of the occurrence. SERVICE PROVIDER must promptly repair or replace any real or personal property damage and must promptly restore the property to its original or intended condition. CITY may repair or replace the real or personal property damage if SERVICE PROVIDER fails to do so, and the cost of the repairs or replacement may be deducted or offset from any compensation due to SERVICE PROVIDER.

6.1. Schedule. SERVICE PROVIDER shall perform all work and services under this Agreement in conformance with the time schedule set forth on Exhibit C, "Schedule of Performance," attached hereto and incorporated herein by this reference. The City Manager is authorized on behalf of CITY to modify the timeframes set forth on the Schedule of Performance within the term of this Agreement.

6.2. Storage of Service Provider’s Equipment. If SERVICE PROVIDER desires to leave or store any of SERVICE PROVIDER’S equipment at a CITY site while SERVICE PROVIDER is performing work or service pursuant to this Agreement, SERVICE PROVIDER will first obtain the consent of the City Manager, or his/her delegate, to do so, and any such storage shall occur only in the manner and location allowed by such CITY official and entirely at SERVICE PROVIDER’S sole risk.

7. Hazardous Materials. Without limiting any other requirement or obligation of SERVICE PROVIDER under this Agreement, if SERVICE PROVIDER needs to use any material or chemical considered to be a hazardous material under any federal, state or local law, regulation or policy, SERVICE PROVIDER agrees to fully and timely abide by and comply with all laws, regulations and policies pertaining to the use, transport, removal, handling, disposal or other activity related to any and all such materials or chemicals. Prior to commencement of work or services under this Agreement, SERVICE PROVIDER shall provide CITY with a complete list of the hazardous materials SERVICE PROVIDER reasonably anticipates it may need to use to provide the services of SERVICE PROVIDER under this Agreement, together with the reasonably anticipated quantities thereof, if requested by CITY.

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8. Insurance Requirements. SERVICE PROVIDER shall procure and provide proof of the insurance coverage required by this section in the form of certificates and endorsements. The required insurance must cover the activities of SERVICE PROVIDER, including its subcontractors, employees and agents, relating to or arising from the performance of any work or service under this Agreement, and must remain in full force and effect at all times during the period covered by this Agreement. The coverages may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or “umbrella” policies, provided each such policy complies with the requirements set forth herein. Any deductibles or self-insured retentions must be declared to and approved by City. SERVICE PROVIDER further understands that CITY reserves the right to modify the insurance requirements set forth herein, with thirty (30) days’ notice provided to SERVICE PROVIDER, at any time as deemed necessary to protect the interests of CITY.

8.1. Insurance Types and Amounts.

8.1.1. Commercial General Liability (CGL). SERVICE PROVIDER shall maintain CGL against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) combined single limit for any one accident or occurrence, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

8.1.2. Automobile Liability. SERVICE PROVIDER shall maintain Automobile Liability covering all owned, non-owned and hired automobiles (if SERVICE PROVIDER does not own automobiles, then SERVICE PROVIDER shall maintain Hired/Nonowned Automobile Liability) against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) combined single limit for any one accident or occurrence, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

8.1.3. Workers’ Compensation Insurance and Employer’s Liability. SERVICE PROVIDER shall maintain Workers Compensation coverage, as required by law, in the minimum amount of: (i) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater. If SERVICE PROVIDER is self-insured, SERVICE PROVIDER shall provide its Certificate of Permission to Self-Insure, duly authorized by the Department of Industrial Relations.

8.1.4. Pollution (Environmental) Liability. If the performance of SERVICE PROVIDER’S work or service under this Agreement involves hazardous materials, contaminated soil disposal, and/or a risk of accidental release of fuel oil, chemicals or other toxic gases or hazardous materials, SERVICE PROVIDER shall procure and maintain Pollution Liability covering the SERVICE PROVIDER’S liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs arising out of the work or services to be performed under this Agreement. Coverage shall be provided for both work performed on site, as well as during the transport of hazardous materials. Such coverage shall be in the minimum amount of: (i) one million

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dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

8.1.5. Professional Liability.

8.1.5.1. If the performance of SERVICE PROVIDER’S work or service under this Agreement involves professional and/or technical services (examples include, but are not limited to, architects, engineers, land surveyors, and appraisers), SERVICE PROVIDER shall procure and maintain either a claims made or occurrence Errors and Omission liability insurance in the minimum amount of: (i) one million dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater. Further, if SERVICE PROVIDER maintains a claims-made policy, SERVICE PROVIDER shall provide written evidence of such insurance to CITY for at least five (5) years after the completion of work performed under this Agreement.

8.1.5.2. If the performance of SERVICE PROVIDER’S work or service under this Agreement relates to Information Technology or related services (examples include, but are not limited to computer programmers, software designers, hardware engineers, or other systems consultants), SERVICE PROVIDER shall procure and maintain a claims made Errors and Omission liability insurance, including Cyber Liability and Data Breach, in the minimum amount of: (i) one million dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

8.1.6. Sexual Abuse/Molestation Liability (SML): If the performance of SERVICE PROVIDER’S work or service under this Agreement involves contact with minors, SERVICE PROVIDER shall procure and maintain Sexual Abuse and Molestation insurance in the minimum amount of: (i) two hundred thousand dollars ($200,000.00) each claim, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

8.2. Endorsements. SERVICE PROVIDER shall provide proof of the following endorsements, listed for each policy for which endorsements are required, as outlined below:

8.2.1. General Liability and pollution liability (when pollution liability applies).

8.2.1.1. “Additionally Insured” - The City of Morgan Hill, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers are named as additional insureds on a form at least as broad as ISO Form CG 20 10 for ongoing operations.

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8.2.1.2. “Waiver of Rights of Subrogation” - The insurer waives the right of subrogation against the City of Morgan Hill and CITY’S elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers; and

8.2.1.3. “Primary and Non-Contributing” - Insurance shall be endorsed to be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20

01. 8.2.2. Workers Compensation.

If the performance of SERVICE PROVIDER’S work or service under this Agreement involves access to or activity on any property or premises owned or occupied by the CITY, including, but not limited to, SERVICE PROVIDER’S presence during site visits and meetings, then insurer waives the right of subrogation against the City of Morgan Hill and the CITY’S elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers.

8.3. Qualification of Insurers. All insurance required pursuant to this Agreement must be issued by a company licensed and admitted, or otherwise legally authorized to carry out insurance business in the State of California, and each insurer must have a current A.M.

Best's financial strength rating of “A” or better and a financial size rating of “VII” or better.

8.4. Certificates. SERVICE PROVIDER shall furnish CITY with copies of all certificates as outlined herein, whether new or modified, promptly upon receipt. In the event of a claim or legal action, SERVICE PROVIDER shall promptly furnish CITY of Morgan Hill with copies of all policies outlined herein. No policy subject to SERVICE PROVIDER’S agreement with CITY shall be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY. A "material change" is a change that results in noncompliance with any insurance requirements in this section 8. Certificates, including renewal certificates, may be mailed electronically to [email protected] or delivered to the Certificate Holder address provided herein.

Certificate Holder address:

City of Morgan Hill
Attn: Risk Management
17575 Peak Avenue
Morgan Hill, CA 95037

9. Non-Liability of Officials and Employees of CITY. No official or employee of CITY shall be personally liable for any default or liability under this Agreement.

10. Compliance with Law.

10.1. SERVICE PROVIDER and its officers, employees, agents, and subcontractors shall comply with all applicable laws, ordinances, administrative regulations, and permitting requirements in carrying out their obligations under this Agreement. SERVICE PROVIDER and its officers, employees, agents, and subcontractors covenant there shall be no discrimination based upon any basis prohibited by State or Federal law, including but not limited to, race, color, creed, religion, gender, marital status, age, sexual

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orientation, national origin, mental disability, physical disability, medical condition, or ancestry, in any activity pursuant to this Agreement.

10.2. Without limiting the provisions of Section 10.1 above, each worker performing work under this Agreement shall be paid at a rate not less than the prevailing wage as defined in Sections 1771 and 1774 of the Labor Code. The prevailing wage rates are available online at http://www.dir.ca.gov/dlsr. SERVICE PROVIDER shall post a copy of the applicable prevailing rates at the Worksite. Pursuant to Labor Code Section 1775, SERVICE PROVIDER and any Subcontractor shall forfeit to CITY as a penalty up to two hundred dollars ($200.00) for each calendar day, or portion thereof, for each worker paid less than the applicable prevailing wage rate. SERVICE PROVIDER shall also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker.

10.3. DIR Registration. CITY will not accept a Bid Proposal from or enter into a contract with a SERVICE PROVIDER, without first receiving proof to the satisfaction of CITY that SERVICE PROVIDER and its subcontractors are registered with the California Department of Industrial Relations to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions. Under Labor Code section 1771.4, this Agreement is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

10.4. Compliance with Wage and Hour Laws: SERVICE PROVIDER, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act and the California Labor Code.

Final Judgments, Decisions, and Orders: For purposes of this Section, a “final judgment, decision, or order” refers to one for which all appeals have been exhausted or the time to appeal has expired. Relevant investigatory government agencies include: the federal Department of Labor, the California Division of Labor Standards Enforcement, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.

Prior Judgments against SERVICE PROVIDER and/or its Subcontractors: BY SIGNING

THIS AGREEMENT, SERVICE PROVIDER AFFIRMS THAT IT HAS DISCLOSED ANY

FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR
INVESTIGATORY GOVERNMENT AGENCY FINDING – IN THE FIVE (5) YEARS PRIOR TO EXECUTING THIS AGREEMENT – THAT SERVICE PROVIDER OR ITS SUBCONTRACTOR(S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS.

SERVICE PROVIDER FURTHER AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS SATISFIED AND COMPLIED WITH – OR HAS REACHED AGREEMENT WITH THE CITY REGARDING THE MANNER IN WHICH IT WILL SATISFY – ANY SUCH JUDGMENTS, DECISIONS OR ORDERS.

Judgments or Decisions During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that SERVICE PROVIDER or any subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or SERVICE PROVIDER learns of such a judgment, decision, or order that was not previously disclosed, SERVICE PROVIDER shall inform the City Attorney, no more than fifteen (15) days after the judgment, decision or order becomes final or of learning of the final

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judgment, decision or order. SERVICE PROVIDER and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the City Attorney with documentary evidence of compliance with the final judgment, decision or order within five (5) days of satisfying the final judgment, decision or order. CITY reserves the right to require SERVICE PROVIDER to enter into an agreement with CITY regarding the manner in which any such final judgment, decision, or order will be satisfied.

City’s Right to Withhold Payment: Where SERVICE PROVIDER or any subcontractor it employs to perform work under this Agreement has been found in violation of any applicable wage and hour law by a final judgment, decision or order of a court or government agency, CITY reserves the right to withhold payment to SERVICE PROVIDER until such judgment, decision or order has been satisfied in full.

Material Breach: Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.

Notice to City Related to Wage Theft Prevention: Notice provided to the City Attorney as required under this Section shall be addressed to: City Attorney, City of Morgan Hill, 17575 Peak Avenue, Morgan Hill, CA 95037. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.

11. Independent Contractor. SERVICE PROVIDER is an independent contractor and not an agent or employee of CITY.

12. Confidentiality. All data, documents, or other information received by SERVICE PROVIDER from CITY or prepared in connection with SERVICE PROVIDER’S services under this Agreement are deemed confidential and shall not be disclosed to any third party by SERVICE PROVIDER without prior written consent by CITY.

13. Conflict of Interest and Reporting. SERVICE PROVIDER shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.

14. Notices. All notices shall be personally delivered or mailed, via first class mail to the below listed address. These addresses shall be used for delivery of service of process. Notices shall be effective five (5) days after date of mailing, or upon date of personal delivery.

Address of SERVICE PROVIDER is as follows:

Anderson Pacific Engineering Construction, Inc.
1370 Norman Ave
Santa Clara, CA 95054

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Address of CITY is as follows:

Utilities Division
City of Morgan Hill
100 Edes Street
hoose a n item.

Morgan Hill, CA 95037
with a copy to:

City Clerk
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037

15. Licenses, Permits and Fees. SERVICE PROVIDER shall obtain a City of Morgan Hill Business License, all permits and licenses to the extent required by ordinances, codes and regulations of the federal, state and local government.

16. Service Provider’s Proposal. If applicable, this Agreement shall include SERVICE PROVIDER'S proposal or bid which is incorporated herein. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

17. Maintenance of Records.

17.1. Maintenance. SERVICE PROVIDER shall prepare, maintain, and preserve all reports and records that may be required by federal, state, and CITY rules and ordinances related to services provided under this Agreement. SERVICE PROVIDER shall maintain records for a period of at least 3 years after receipt of final payment under this Agreement. If any litigation, claim, negotiation, audit exception, or other action relating to this Agreement is pending at the end of the 3-year period, then SERVICE PROVIDER shall retain said records until such action is resolved.

17.2. Access to and Audit of Records. CITY shall have the right to examine, monitor and audit all records, documents, conditions, and activities of SERVICE PROVIDER and its subcontractors related to services under this Agreement. Pursuant to Government Code Section 8546.7, if this Agreement involves the expenditure of public funds in excess of $10,000, the Parties to this Agreement may be subject, at the request of CITY or as part of any audit of CITY, to the examination and audit of the State Auditor pertaining to matters connected with the performance of this Agreement for a period of three years after final payment under the Agreement.

17.3. Ownership of Work Product. All documents or other information developed or received by SERVICE PROVIDER for work performed under this Agreement shall be the property of CITY. SERVICE PROVIDER shall provide CITY with copies of these items upon demand or upon termination of this Agreement.

18. Familiarity with Work. By executing this Agreement, SERVICE PROVIDER represents that:
(1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement. Should SERVICE PROVIDER discover any conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY and shall not proceed, except at SERVICE PROVIDER'S risk, until written instructions are received from CITY.

19. Time of Essence. Time is of the essence in the performance of this Agreement.

20. No Assignment. Neither this Agreement nor any portion shall be assigned by SERVICE PROVIDER, without prior written consent of CITY. Any attempted assignment not first approved by

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CITY shall be void and, at CITY’S option, shall terminate this Agreement effective as of the date of such attempted assignment.

21. Attorney Fees. In any legal action, dispute or arbitration arising out of or relating to this Agreement, the prevailing party shall be entitled to an award of its reasonable attorney fees, costs and expenses incurred.

22. Defense and Indemnification.

22.1. Defense and Indemnification. SERVICE PROVIDER shall, to the fullest extent permitted by law, indemnify, defend and hold harmless CITY, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers (“INDEMNITEES”) from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the performance of this Agreement or the failure to comply with any obligations contained in this Agreement by SERVICE PROVIDER, and/or its agents, officers, employees, subcontractors, or independent contractors (“CLAIM”).

22.2. Exceptions. SERVICE PROVIDER is not required to indemnify INDEMNITEES against liability for bodily injury, property damage or personal injury, or any other loss, damage or expense arising from the sole negligence or willful misconduct of CITY.

22.3. Not limited by insurance. The indemnity, defense and hold harmless provisions of this Agreement apply to all CLAIMs alleged against an INDEMNITEE, regardless of whether any insurance policies are applicable. Policy limits do not act as a limitation upon the amount of indemnification or defense to be provided by SERVICE PROVIDER.

22.4. Right to Offset. CITY shall have the right to offset against any compensation due SERVICE PROVIDER under this Agreement any amount due CITY from SERVICE PROVIDER as a result of SERVICE PROVIDER’S failure to pay CITY promptly any indemnification arising under this Section (22) and any amount due CITY from SERVICE PROVIDER arising from SERVICE PROVIDER’S failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.

22.5. Interpretation. This Section shall constitute an agreement or contract of indemnity, incorporating the interpretations under California Civil Code Section 2778. It is expressly understood and agreed that the obligation of SERVICE PROVIDER to indemnify the INDEMNITEE shall be as broad and inclusive as permitted by the laws of the State of California and shall survive termination of this Agreement.

23. Entire Agreement; Modification; Conflicting Provisions. This Agreement constitutes the entire Agreement between the Parties and supersedes any previous agreements, oral or written. This Agreement may be modified or provisions waived only by a subsequent mutual written agreement executed by CITY and SERVICE PROVIDER. If the provisions contained in the main body of this Agreement conflict with any provision contained in an exhibit to this Agreement, the provisions of the main body of this Agreement shall govern and control over any provision contained in an exhibit to this Agreement.

24. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California. This Agreement was entered into and is to be performed in the County of Santa Clara. Any action or dispute arising out of this Agreement shall only be brought in Santa Clara County.

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25. Interpretation. This Agreement is a negotiated document and shall be deemed to have been drafted jointly by the Parties, and no rule of construction or interpretation shall apply against any particular Party based on a contention that the Agreement was drafted by one of the Parties including, but not limited to, California Civil Code § 1654, the provisions of which are hereby waived. This Agreement shall be construed and interpreted in a neutral manner.

26. Preservation of Agreement. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.

27. Binding Agreement. Notwithstanding the provisions of Section 20 above, this Agreement shall bind any and all successors in interest, legal representatives and/or other permitted assignees or transferees of SERVICE PROVIDER in the same manner as if those successors in interest, legal representatives or other permitted assignees or transferees had entered into this Agreement originally.

28. Electronic Signatures. Unless otherwise prohibited by law or CITY policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the CITY.
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[Signatures on Next Page]

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29. Authority to Execute. Those individuals who are signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

IN WITNESS THEREOF, these Parties have executed this Agreement on the day and year shown below.

AS SET FORTH IN CA. CORP. CODE § 313, TWO SIGNATURES ARE REQUIRED FOR CALIFORNIA CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.

ATTEST: CITY OF MORGAN HILL
City Clerk/Deputy City Clerk City Manager
Michelle Bigelow Christina J. Turner
Print Name Print Name
Date: Date:

APPROVED AS TO FORM: Anderson Pacific Engineering Construction, Inc.

City Attorney By:

Donald A. Larkin
Print Name
Date:

Print Name and Title of Signer.

If Corporate: Chairman, President or Vice
President
Date:

By:

Date:

Print Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
245215 1000000061
Contractor’s License Number(s) (if applicable) Contractor’s DIR Registration Number(s) (if applicable) Expiration Date(s) 7/31/2024 Expiration Date(s) 6/30/2025 Seal:

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EXHIBIT A

SCOPE OF SERVICES
This project is to provide water and sewer repairs on an on-call, as–needed, time-and-materials basis for a period of two (2) years with the option for three (3) additional single year extensions. The City's intent is to enter into agreements with one to three qualified contractors for the provision of these services. Any tasking shall be initiated solely by the City. Further, execution of the agreements by the City does not in any way guarantee that any tasking or request for on-call services will be issued to any party. Moreover, execution of the agreements by the City shall not entitle contracted parties to any form of payment or compensation from the City without first having issued tasking or request for services from a contractor.

Typical work to be performed under this contract includes repair of water service leaks, water main leaks, hydrant repair, valve replacement, water service replacement, meter installation, sewer main repairs, sewer lateral repair, manhole repair or installation, backfill of excavations, compaction, and final paving of streets. From time to time the City may request service for a backhoe with operator and/or laborers to assist the City repair crew. The Contractor also may be requested to do patch paving work. City staff and equipment will be made available for assistance with shutdowns and some activities.

The work to be performed under this contract consists of furnishing all tools, equipment, materials, supplies, and manufactured articles to complete the services as needed. It shall also include the furnishing of all transportation and services, including fuel, power, water, and essential communications, and for the performance of all labor, work, or other operations required for the fulfillment of the contract in strict accordance with the Contract Documents and City’s Standard Details for Construction Standard Details for Construction -Link currently in effect.

The Contractor may utilize the services of specialty subcontractors on those parts of the work that, under normal contracting practices, are performed by specialty subcontractor. It is understood that at least 50 percent of the work to be performed shall be performed by the successful Contractor. Any subcontractor used must adhere to the same terms and conditions as the successful contractor. The Contractor is representing to City that he/she and any subcontractor has all appropriate licenses, certifications, and registrations to perform the work hereunder. The Contractor shall be fully responsible to the City for the performance of his/her subcontractors, and of persons either directly or indirectly employed by them.

City Responsibilities
City’s personnel will identify and assess specific projects or repairs. The City will notify Contractor of general locations requiring construction or repair, and a general description of the field conditions at repair locations, and materials to be provided by the City. The City’s Project Manager or designated representative will direct the general process to be followed but shall not generally direct the means or methods to be used by the Contractor. The City will provide base maps or record drawings of facilities when they are requested and available. All work to be completed will be agreed upon prior

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to the commencement of work with a general scope of services. Drawings will be provided if applicable. The City will issue a written task order and attach the contractor’s scope of work for projects that are not an emergency. Notification of residents whose service may be interrupted will be the responsibility of the City.

Contractor’s Responsibilities
The Contractor will provide a scope of work for each project that is not an emergency. The scope of work will be the basis for the project and will serve as supplement to the contract documents for that particular project. The scope of work shall include a not to exceed amount for the project. The Contractor shall be responsible for providing the following to complete the services in a timely manner as outlined below:
• Qualified Labor
• Tools
• Equipment, including all necessary Safety Equipment
• Materials and Supplies
• Transportation
• Services (including fuel, power, water, and communications) • Sheeting and shoring as required
• Traffic control devices and measures
For an emergency repair the Contractor shall make every effort to begin the repair within four (4) hours of notification that a repair is needed. Notification of the repair will made in the form of a phone call. The City is aware that the Contractor may have other commitments. The Contractor shall notify the City if they do not have the manpower to mobilize a crew to begin the repair within the allotted time. If the Contractor cannot mobilize the City will contact the other Contractor on the list.

If none of the Contractors on the short list derived this solicitation can do the work within the time frame, the City reserves the right to seek assistance from another contracting firm.

Contractor is responsible for damage resulting from performing work and clean-up of effected area.

The Contractor shall incur these damage costs and not pass these charges to the City.

The Contractor shall be cautioned that the City has Asbestos Cement Pipe (ACP) in some areas of the water distribution system as well as the wastewater collection system. Some of the repairs may be on ACP lines. The Contractor and its employees shall be properly trained for working on these ACP lines. All current OSHA standards shall be followed.

As some of the infrastructure falls outside of City limits, the Contractor will have to obtain encroachment permits, if needed, in the jurisdiction where the work is taking place.

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Repair Standards
The Contractor is responsible for meeting all contract conditions and City’s Standard Details for Construction (link on page 9), specifications, and drawings. If the City’s Inspectors determine that any repair work is substandard, the Contractor shall be advised thereof orally and in writing, and shall redo all such work at the expense of the Contractor. The City’s Project Manager and Inspectors will determine a time when the re-work is to be completed and re-inspect the repair to determine if the repair has been performed satisfactorily. The Contractor shall comply with all Federal, State, and Local safety rules and regulations.

Materials and Supplies
At the time of notification, the City will provide the Contractor with a list of City supplied materials.

The Contractor is responsible for having a reliable supply chain in place to obtain, in a timely manner, all additional materials and supplies needed for the required repair. All materials and supplies obtained by the Contractor for the work must be new and free from defects. There will be no markup or other cost charged to the City for materials and supplies used from the City’s inventory. The City will deliver small materials and fittings such as repair clamps, corp stops, etc. to the project site.

Any bulk materials such as aggregate base, temporary asphalt paving, etc. provided by the City shall be picked up by the Contractor at the City’s Corporation Yard.

Disposal of Materials
All materials shall be disposed of in a manner that does not adversely affect the environment and is consistent with local, state, and federal laws and regulations.

Response Schedule
Emergency Repair - The Contractor will make every effort to begin emergency repairs within the notification specified herein, or in accordance with a schedule approved by the City. Notification to the Contractor may be in the form of a telephone call, facsimile, or e-mail, depending on the urgency of the repair. The City reserves the rights, in its sole discretion, to require a more rapid response should it deem it to be necessary. A typical emergency repair will have a response time of four (4) hours. If repair cannot be started within this period, the City reserves the right to obtain the services of other Contractors.

Scheduled Repair - If a scheduled repair cannot be started within twenty-four (24) hours of the City’s scheduled time of repair, the Contractor shall provide the City accurate estimate of when work can start. The City will work with the Contractor in regards to other commitments the Contractor may have. However, the City reserves the right to seek outside assistance from other Contractors if scheduling cannot be agreed upon and repairs are determined by the City, in its sole discretion, to be as required.

Physical Location of Underground Utilities

15 Updated: May 2023
The City is responsible for providing all utility maps or record drawings to perform repairs.

Facilities Shown or Indicated – Unless it is otherwise expressly provided in the section below, Protection of Existing Facilities, the City shall not be responsible for the accuracy or completeness of information or data shown on the City’s water and sewer system base maps or any other utility information, and the Contractor shall have full responsibility for reviewing and checking all such information and data, for locating all Underground Utilities for coordination of the work with the owners of such Underground Utilities during construction, for the safety and protection thereof and repairing any damage thereto resulting from the work, the cost of which will be considered as having been included in the contract price. Existing utility lines that are shown, or the locations of which are made known to the Contractor prior to excavation and that are to be retained, and all utility lines that are constructed during excavation operations shall be protected from damage during excavation and back-filling and if damaged, shall be immediately repaired by the Contractor except as the owner of the utility or other facility may otherwise direct. All repairs due to damage are subject to inspection and approval by an authorized representative of the property owner before being concealed by backfill or other work. The obligations set forth in this paragraph and other paragraphs concerning underground work shall apply to such damage as may occur after back-filling or is not discovered until after completion of the back-filling.

Facilities Not Shown or Indicated - If an Underground Utility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the City’s water and sewer system base maps and not otherwise made known to the Contractor prior to excavation, which the Contractor could not reasonably have been expected to be aware of based on the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the repair, the Contractor shall identify the owner of such Underground Utility and give written notice thereof to the City in accordance with the requirements of the next section, Protection of Existing Facilities. In the event that the Contractor damages any existing utility lines that are not shown or the locations of which are not made known to the Contractor prior to excavation, a written report thereof shall be made immediately to the City. If directed by the City, repairs shall be made by the Contractor.

To the extent required by Government Code section 4215, all costs of locating, repairing damage to, and removing or relocating such utility facilities not shown or indicated, and for the necessary idling of equipment on the project which was actually working on that portion of the work which was interrupted or idled by removal or relocation of such utility facilities not shown or indicated, which costs were not incurred due to the failure of the Contractor to exercise reasonable care, will be paid for as time and materials.

Protection of Existing Facilities
General - The Contractor shall protect all existing utilities and improvements not designated for removal and shall restore damaged or temporarily relocated utilities and improvements to a condition equal to or better than they were prior to such damage or temporary relocation.

Restoration shall be to the reasonable satisfaction of the City or to the affected utility or franchisee.

16 Updated: May 2023
The Contractor shall verify the exact locations and depths of all utilities or improvements shown and the Contractor shall make exploratory excavations of all utilities or improvements that may interfere with the Work. The number of exploratory excavations required shall be that number which is sufficient to determine the alignment and grade of the utility or improvement. The Contractor shall notify and obtain concurrence with City staff of that number of exploratory excavations.

It shall be the Contractor’s responsibility to see that all utilities or other improvements are adequately protected from damage due to such operations. The Contractor shall exercise care in all excavations to avoid damage to existing underground facilities. This shall include hand digging in those areas where underground facilities are known to exist until they have been sufficiently located to avoid damage to the facilities. No additional compensation shall be provided the Contractor for compliance with the provisions of this section or for the damage and repair of facilities due to the lack of such care.

Right-of-Way - The Contractor shall not do any work that would affect any oil, gas, sewer, or water pipeline; any telephone, telegraph, communication wire or cable, or electric transmission line; any fence; or any other structure, nor shall the Contractor enter upon the right-of-way involved until notified by the City’s representative that the City has secured authority therefore from the appropriate authority. All oil and gasoline pipelines, power, and telephone or other communication cable ducts, gas and water mains, irrigation lines, sewer lines, storm drain lines, poles, and overhead power and communication wires and cables encountered along the line of the Work shall remain continuously in service during all the operations under the Contract, unless other arrangements satisfactory to the City are made with the owner of said pipelines, duct, main, irrigation line, sewer, storm drain, pole, or wire or cable.

In case it shall be necessary to move the property of any public utility or franchise holder, the Contractor shall provide written and just cause for utilities to be moved, and such utility company or franchise holder will, upon request of the Contractor, be notified in writing by the City to move such property within a specified reasonable time. When utility lines that are to be removed are encountered within the area of operations, the Contractor shall notify the City’s Engineer a sufficient time in advance for the necessary measures to be taken to prevent interruption of service.

This procedure is intended to prevent the Contractor from arbitrarily deciding to cut through any other utility’s or any franchisee’s facilities. It allows the City to coordinate such work with those agencies and set the timeline and sequence of such work. After authorization has been obtained, the Contractor shall give said party due notice of its intention to begin work, and shall give said party convenient access and every facility for removing, shoring, supporting, or otherwise protecting such pipeline, transmission line, ditch, fence, or structure, and for replacing same. The Contractor shall provide such special protection as may be necessary to protect all known utilities and other improvements that may be impaired during construction operations and shall take all possible precautions for the protection of unforeseen utility lines or other improvements to provide for uninterrupted service.

Utilities to be Removed/Relocated - Where the proper completion of the repair work requires the temporary or permanent removal and/or relocation of an existing utility or other improvement that is

17 Updated: May 2023
shown, the Contractor shall remove and, without unnecessary delay, temporarily replace or relocate such utility or facility. In all cases of such temporary removal or relocation, restoration to the former location shall be accomplished by the Contractor in a manner that will restore or replace the utility or improvement as nearly as possible to its former location and to as good or better condition than found prior to removal.

Restoration of Pavement:

A. General. All paved areas, including asphalt concrete berms, cut or damaged during construction, shall be replaced with in accordance with the specifications of the public authority that has jurisdiction over the site of the work. The City of Morgan Hill and the County of Santa Clara own public right of ways within the City’s service area. All temporary and permanent pavements shall conform to the requirements of the affected pavement owner. All pavements that are subject to partial removal shall be neatly saw cut in straight lines per specifications.

B. Temporary Resurfacing. Wherever required by the public authority with jurisdiction over the site of the work, the Contractor shall place temporary surfacing promptly after back-filling and shall maintain such surfacing for the period of time fixed by said authority before proceeding with the final restoration of improvements.

C. Permanent Resurfacing. In order to obtain a satisfactory junction with adjacent surfaces, the Contractor shall comply with the applicable City or County Specifications, at its expense. The City will pay for initial testing. Any required re-testing and correction costs will be the responsibility of the Contractor.

D. Restoration of Sidewalks or Private Driveways. Wherever sidewalks or private roads have been removed for purposes of construction, the Contractor shall place suitable temporary sidewalks or roadways promptly after back-filling and shall maintain them in satisfactory condition for the period of time fixed by the authorities having jurisdiction over the affected portions before proceeding with the final restoration or, if no such period of times is so fixed, the Contractor shall maintain said temporary sidewalks or roadways until the final restoration thereof has been made.

Final restorations shall be in accordance with any applicable City and/or general construction codes.

Notification by the City - For routine repairs, the City shall notify Underground Service Alert (1-800- 642-2444) forty-eight (48) hours prior to any excavation in the vicinity of any existing underground facilities, including all water, sewer, storm drain, gas, petroleum products, or other pipelines; all buried electric power, communications, or television cables; all traffic signal and street lighting facilities; and all roadway and state highway rights-of-way.

Facility Access
Continuous access to the City’s facilities shall be provided at all times during the Project. Such access shall be suitable for large vehicles, e.g. chemical delivery and sludge hauling trucks. Access routes shall be provided for each planned project.

18 Updated: May 2023
Water Quality Protection and Stormwater Quality
The Contractor shall take all necessary steps to protect the storm drain system from discharges of construction-related wastewater, including saw cutting slurry, concrete washout, sedimentcontaminated and runoff, sewage overflows, and highly-chlorinated discharges from water line testing. This will require the use of Best Management Practices (BMPs) such as providing sediment controls on downstream storm drain inlets, collecting and removing saw cutting slurry, providing an area for concrete washout, and directing highly-chlorinated discharges to the sanitary sewer or by dechlorinating this water. The Contractor is responsible for damage resulting from performing repair and clean-up of effected area.

Trench Excavation
The maximum length of trench excavation in advance of the pipe laying operation shall be 50 feet, and the maximum amount of trench remaining open without backfill shall be 50 feet. No trench in public areas shall be left open during periods when the Contractor is not at the site of work; trenches in these areas shall either be backfilled and temporarily paved, where applicable, or covered with steel trench plates as specified in the technical specifications.

Underground Facilities
The Contractor shall exercise care in all excavations to avoid damage to existing underground facilities. This shall include potholing and hand digging in those areas where underground facilities are known to exist until they have been sufficiently located to avoid damage to the facilities.

Prior to fabrication of any materials, the Contractor shall verify the locations and elevations of existing underground facilities to ensure proper connection and/or clearance.

The Contractor shall exercise care in maintaining those pipes and facilities to be abandoned and/or removed which are required for the continuing operation of the existing facilities until such time as they can be abandoned. The Contractor shall exercise extreme caution in working in any area adjacent to existing facilities. It is essential that the existing facilities be maintained in service until the new work is ready for full time operation and is placed in service.

No additional compensation shall be provided the Contractor for compliance with the provisions of this section for the damage and repair of such facilities due to the lack of care, and the Contractor shall be responsible for the direct and indirect costs resulting from the damage and repair of such facilities.

Working Hours
For Emergency Repairs working hours may be any day of the week at any time. The crews that respond to the emergency shall comply with applicable labor codes for hours worked.

19 Updated: May 2023
For Scheduled Repairs normal City staff working hours are from 7:00 a.m. to 3:30 p.m., excluding weekends and City holidays. Unless otherwise approved in writing by the City, repair work shall be allowed only between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and, when approved in writing in advance by the City, 9:00 a.m. to 6:00 p.m. on weekends and holidays. These working hours may be adjusted on a job by job basis depending on nature of the project and specific encroachment permit conditions for the project.

The Contractor shall notify the City at least 48 hours prior to any work outside the normal working hours defined above, on weekends or holidays.

Noise Abatement
All operations at the site of the repairs shall be performed so as to minimize unnecessary noise.

Special measures shall be taken to suppress noise during night hours. Noise levels due to Contractor’s activities shall not exceed the levels specified by local ordinance.

Internal combustion engines used on the work shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated without said muffler.

Warranty and Scheduled Maintenance
The Contractor hereby agrees to make, at its own expense, all repairs or replacements necessitated by defects in materials or workmanship, in those components provided, installed, replaced and/or modified by the Contractor, and pay for any damage to other works resulting from such defects, which becomes evident within one (1) year after the date of acceptance of installation work, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Agreement. This warranty shall include all parts and labor and the performance of all manufacturers’ recommended maintenance. This in no way shall limit, amend, or reduce any manufacturer’s warranty. The Contractor further assumes responsibility for a similar guarantee for all work and materials provided by subcontractors. This warranty shall not apply to existing equipment that was not modified or significantly adjusted so as to change its operation. The Contractor also agrees to indemnify, defend and hold the City harmless from liability of any kind arising from damage due to covered defects. Prior to the final acceptance of installation work, the Contractor shall provide phone numbers for around- the-clock notification of the need for emergency service repairs, a schedule showing specific dates for routine maintenance service calls.

The Contractor shall respond within four (4) hours of City’s emergency service call after receipt of notice from the City, and promptly make all repairs arising out of defective materials, workmanship, or equipment. If a service response does not occur within four (4) hours, or diligent efforts are not made to effect repairs, the City will notify the Contractor (by fax or voice mail if no representative is available) of its intent to secure another service provider. Thereafter, the City is authorized to make such repairs, and the Contractor shall be liable for the cost thereof. In case of emergency, where, in

20 Updated: May 2023
the opinion of the City, delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the expense in connection t The Contractor shall direct all of its equipment suppliers and/or manufacturers to promptly provide to it and to the City any and all information concerning product defects or other problems and shall promptly forward to the City any such information received, whether before, during, or after the warranty period.

Prior to the expiration of the warranty period, the City reserves the right to hold a meeting and require the attendance of the Contractor. The purpose of the meeting is to review warranties, bonds, and maintenance requirements, and determine required repair or replacement of defective items.

City of Morgan Hill
Emergency Repairs Billing Rates
Billable Billable Billable
Classification Rate (ST) Rate (OT) Rate (DT)
Construction Specialist $ 71.28 $ 91.89 $ 112.50
Construction Specialist (Second Shift) $ 74.58 $ 96.84 $ 119.10 Laborer 1 $ 70.51 $ 90.73 $ 110.96
Labor 1 (Second Shift) $ 73.81 $ 95.68 $ 117.56
Laborer 2 $ 70.34 $ 90.48 $ 110.62
Laborer 3 $ 70.23 $ 90.32 $ 110.40
Laborer 4 $ 63.29 $ 79.90 $ 96.51
Laborer 6 $ 71.56 $ 92.32 $ 113.07
Laborer 7 $ 59.01 $ 73.48 $ 87.95
Labor App L1 $ 39.52 $ 53.06 $ 66.60
Labor App L2 $ 59.01 $ 73.48 $ 87.95
Labor App L3 $ 62.75 $ 79.09 $ 95.44
Labor App L4 $ 66.49 $ 84.70 $ 102.92
Foreman $ 104.86 $ 139.43 $ 174.01
Foreman (Second Shift) $ 108.13 $ 144.34 $ 180.56
Operator 1 $ 102.16 $ 135.39 $ 168.62
Operator 2 $ 100.49 $ 132.89 $ 165.28
Operator 3 $ 98.88 $ 130.47 $ 162.05
Operator 4 $ 97.37 $ 128.21 $ 159.04
Operator 4 (Second Shift) $ 102.58 $ 136.01 $ 169.45
Operator 5 $ 95.99 $ 126.13 $ 156.27
Operator 6 $ 94.55 $ 123.97 $ 153.39
Operator 7 $ 93.31 $ 122.11 $ 150.91
Operator 8 $ 92.06 $ 120.24 $ 148.42
Operator App L1 $ 70.88 $ 89.06 $ 107.25
Operator App L2 $ 73.69 $ 93.28 $ 112.88
Operator App L3 $ 76.49 $ 97.49 $ 118.48
Operator App L4 $ 79.31 $ 101.71 $ 124.11
Operator App L5 $ 87.74 $ 114.36 $ 140.98
Teamster 1 $ 75.80 $ 96.15 $ 116.50
Teamster 2 $ 76.13 $ 96.65 $ 117.16
Teamster 3 $ 76.46 $ 97.14 $ 117.82
Teamster 4 $ 76.85 $ 97.72 $ 118.59
Teamster 5 $ 77.23 $ 98.30 $ 119.36
Carpenter - General $ 97.21 $ 127.92 $ 158.63
Carpenter App L1 $ 56.39 $ 75.82 $ 95.26
Carpenter App L2 $ 62.45 $ 83.30 $ 104.14
Carpenter App L3 $ 68.07 $ 90.33 $ 112.58
Carpenter App L4 $ 70.90 $ 94.57 $ 118.24
Carpenter App L5 $ 85.94 $ 111.02 $ 136.09
Carpenter App L6 $ 88.76 $ 115.24 $ 141.73
Carpenter App L7 $ 91.57 $ 119.47 $ 147.36
Carpenter App L8 $ 94.39 $ 123.70 $ 153.00
Cement Mason $ 78.02 $ 101.71 $ 125.40
Electrician, Inside Wireman $ 99.92 $ 134.25 $ 168.58
Electrical Foreman $ 108.60 $ 147.22 $ 185.84
Electrical App L1 $ 46.70 $ 61.69 $ 76.69
Electrical App L2 $ 48.10 $ 63.76 $ 79.43
Electrical App L3 $ 55.71 $ 74.04 $ 92.38
Electrical App L4 $ 60.10 $ 80.10 $ 100.10
Electrical App L5 $ 65.46 $ 87.13 $ 108.79
Electrical App L6 $ 71.42 $ 94.75 $ 118.08
Electrical App L7 $ 75.98 $ 100.98 $ 125.97
Electrical App L8 $ 80.62 $ 107.29 $ 133.95
Electrical App L9 $ 85.96 $ 114.29 $ 142.62
Electrical App L10 $ 91.47 $ 121.46 $ 151.46
Billable Rate
(ST)
Billable
Rate (OT)
Billable Rate
(DT)
General Superintendent $ 150.00 $ 225.00 $ 300.00
Project Manager $ 200.00 $ 300.00 $ 400.00
Project Engineer $ 75.00 $ 112.50 $ 150.00

EXHIBIT B

SCHEDULE OF COMPENSATION RATES
21 Updated: May 2023

Emergency Repairs Billing Rates
Equipment Rate
84 CHEVY 2500 PICKUP TRUCK $ 37.61
86 GMC SIERRA 1500 PICKUP TRUCK $ 37.61
87 GMC SIERRA 1500 PICKUP TRUCK $ 37.61
88 GMC SIERRA 2500 PICKUP TRUCK $ 37.61
89 GMC SIERRA 2500 PICKUP TRUCK $ 37.61
92 FORD F150 PICKUP TRUCK $ 37.61
96 FORD F150 PICKUP TRUCK $ 37.61
110 FORD F650 BOBTAIL DUMP TRUCK - 5 CY $ 73.34
112 FORD F650 BOBTAIL DUMP TRUCK - 5 CY $ 73.34
113 2,000 GALLON WATER TRUCK $ 54.71
115 FREIGHTLINER M2 DUMP TRUCK - 5 CY $ 73.34
116 MOROOKA MST-800V $ 55.48
216 GROVE RT-745 CRANE $ 160.91
217 GRADALL 534C FORKLIFT $ 50.30
223 GROVE RT-760 CRANE $ 195.01
224 GROVE RT-58C CRANE $ 77.43
226 GRADALL 534C FORKLIFT $ 50.30
229 GROVE RT-860 CRANE $ 171.08
231 GRADALL 534D-10 FORKLIFT $ 78.87
232 GENIE GS-1930 SCISSOR LIFT $ 26.20
235 GRADALL 534D-9-45 FORKLIFT $ 78.87
236 CAT TH83 FORK LIFT TRUCK $ 78.87
237 CAT TH83 FORK LIFT TRUCK $ 78.87
241 CAT TH83 FORK LIFT TRUCK $ 78.87
300 SAKAI SV201TB-1 PADFOOT WITH BLADE $ 51.59
303 JOHN DEERE 410J BACKHOE LOADER $ 79.88
306 KOBELCO SK140SR EXCAVATOR $ 69.37
322 BOBCAT 773 LOADER $ 35.36
329 KOMATSU WA250 LOADER $ 113.02
331 BOBCAT 773 LOADER $ 35.36
333 HITACHI EX310-LC EXCAVATOR $ 87.44
335 BOBCAT 873 LOADER $ 46.72
338 CAT 330BL EXCAVATOR $ 185.19
345 KOMATSU WA250 LOADER $ 113.02
348 HITACHI EX100 EXCAVATOR $ 77.07
349 BOMAG BW 90AD SMOOTH DRUM ROLLER $ 16.13
351 JOHN DEERE 310E BACKHOE LOADER $ 54.37
353 SULLAIR 185 49HP COMPRESSOR $ 28.53
354 TAKEUCHI TB-016 EXCAVATOR $ 9.92
358 BOBCAT S-185 $ 46.72
359 KOMATSU PC400 EXCAVATOR $ 209.47
360 KOMATSU WA380-5 WHEEL LOADER $ 156.00
362 BOMAG BW 90AD SMOOTH DRUM ROLLER $ 16.13
366 DITCH WITCH 3700 TRENCHER $ 38.81
367 KOMATSU PC35 EXCAVATOR $ 25.27
369 KOMATSU PC220 EXCAVATOR $ 126.23
371 CASE CX50B EXCAVATOR $ 35.39
372 CASE CX75 SR EXCAVATOR $ 37.01
373 VOLVO EC240 BLC EXCAVATOR $ 112.69
374 CASE CX50B EXCAVATOR $ 35.39
377 JOHN DEERE 310SG BACKHOE LOADER $ 63.31
378 TAKEUCHI TB-125 EXCAVATOR $ 20.04
383 BOBCAT S-650 SKID-STEER LOADER $ 46.72
384 BOBCAT S-650 SKID-STEER LOADER $ 46.72
385 JOHN DEERE JD-210LE LOADER $ 53.08
386 SWEEPER (BOBCAT) BY QUICK ATTACH $ 38.66
387 BOBCAT S-300 SKID-STEER LOADER $ 46.72
388 JOHN DEERE 410K BACKHOE LOADER $ 85.75
389 CAT D4G XL DOZER $ 59.09
390 CAT CB24 VIBRATORY ROLLER $ 40.34
391 KOBELCO SK140SR EXCAVATOR $ 69.37
393 JOHN DEERE 27D COMPACT EXCAVATOR $ 22.23
394 JOHN DEERE 410K BACKHOE LOADER $ 85.75
395 JOHN DEERE 524K WHEEL LOADER $ 94.85
398 CAT CB24B VIBRATORY ROLLER $ 50.19
399 JOHN DEERE 210L LOADER $ 53.83
416 18-FT TILT-BED TRAILER $ 1.66
532 SULLIVAN D210QV COMPRESSOR $ 28.53
534 SULLIVAN D210QV COMPRESSOR $ 28.53
541 LEROI 200 AIR COMPRESSOR $ 28.53
553 MULTIQUIP GENERATOR 70KW $ 36.90
554 SULLIVAN D210QV COMPRESSOR $ 28.53
555 SULLIVAN D210QV COMPRESSOR $ 28.53
563 500 GALLON WATER TRAILER $ 3.47
564 500 GALLON WATER TRAILER $ 3.47
565 500 GALLON WATER TRAILER $ 3.47
571 SULLAIR 185 49HP COMPRESSOR $ 28.53
572 SULLAIR 185 49HP COMPRESSOR $ 28.53
573 VAC-TRON PMD550DT $ 20.00
575 VAC-TRON PMD550DT $ 20.00
580 500 GALLON WATER TRAILER $ 3.47
581 500 GALLON WATER TRAILER $ 3.47
583 500 GALLON WATER TRAILER $ 3.47
700 BOMAG 815-2 ASPHALT PAVER $ 74.79
1005 CHEVY 3500HD CREW TRUCK - PAVING $ 42.39
1006 CHEVY 2500HD PICKUP TRUCK $ 37.61
1009 CHEVY 3500HD CREW TRUCK - UTILITY $ 42.39
1010 FORD F150 PICKUP TRUCK $ 37.61
1011 CHEVY 3500HD CREW TRUCK - CREW $ 42.39
1017 FORD F150 PICKUP TRUCK $ 37.61
1018 FORD F150 PICKUP TRUCK $ 37.61
22 Updated: May 2023

Emergency Repairs Billing Rates
1019 FORD F250 CREW TRUCK - UTILITY $ 42.39
1020 FORD F250 CREW TRUCK - UTILITY $ 42.39
1024 FORD F150 PICKUP TRUCK $ 37.61
1026 FORD F250 CREW TRUCK - UTILITY $ 42.39
1028 GMC CANYON PICKUP TRUCK $ 37.61
2001 JLG 8042 SKYTRAK TELEHANDLER $ 78.87
2004 JLG 8042 SKYTRAK TELEHANDLER $ 78.87
2005 TEREX RT-110-10 CRANE $ 175.02
2007 JLG 8042 SKYTRAK TELEHANDLER $ 78.87
3001 BOBCAT S-590 SKID-STEER LOADER $ 46.72
3002 BOBCAT S-590 SKID-STEER LOADER $ 46.72
3003 JOHN DEERE 310SK BACKHOE LOADER $ 63.76
3004 JOHN DEERE 17G FT4 EXCAVATOR $ 17.97
3005 KOBELCO SK230 SR LC-5 EXCAVATOR $ 123.82
3006 BOBCAT S-650 SKID-STEER LOADER $ 46.72
3007 JOHN DEERE 50G EXCAVATOR $ 34.93
3008 HITACHI ZX300LC-6N EXCAVATOR $ 168.20
3009 BOBCAT S-650 SKID-STEER LOADER $ 46.72
3010 BOBCAT S-650 SKID-STEER LOADER $ 46.72
3011 JOHN DEERE 710L BACKHOE LOADER $ 100.94
3012 BOBCAT S-650 SKID-STEER LOADER $ 46.72
3013 WEILER P385B ASPHALT PAVER $ 127.56
3014 KOMATSU PC490LC-11 EXCAVATOR $ 267.30
3015 CAT D6KP LGP DOZER $ 85.99
3016 BOBCAT T-740 TRACK LOADER $ 46.72
3017 BOBCAT S-740 SKID-STEER LOADER $ 46.72
3019 KOMATSU WA320-8 WHEEL LOADER $ 131.94
3020 JOHN DEERE 410L BACKHOE LOADER $ 85.75
3021 JOHN DEERE 245G EXCAVATOR $ 116.33
3022 $ -
3023 JOHN DEERE 50G EXCAVATOR $ 34.93
3024 JOHN DEERE 210L LOADER $ 53.83
3025 JOHN DEERE 35G EXCAVATOR $ 28.04
3027 $ -
5002 PAVE-MATE PM230 BITUMINOUS DISTRIBUTOR $ 9.03
5004 Wanco WVTM(A) Mini Full Matrix CMS $ 11.99
5005 Wanco WVTM(A) Mini Full Matrix CMS $ 11.99
5008 VAC-TRON LP573SDT $ 65.85
7000 5,000 GALLON WATER TRUCK $ 93.61
7001 FORD F750 BOBTAIL DUMP TRUCK - 5 CY $ 73.34
7002 FREIGHTLINER M2 DUMP TRUCK - 7 CY $ 73.34
7005 FORD F650 BOBTAIL DUMP TRUCK - 5 CY $ 73.34
7006 FORD F650 BOBTAIL DUMP TRUCK - 5 CY $ 73.34
7007 2,000 GALLON WATER TRUCK $ 54.71
23 Updated: May 2023

City of Morgan Hill
FEMA Billing Rates
Billable Billable Billable
Classification Rate (ST) Rate (OT) Rate (DT)
Construction Specialist $ 103.36 $ 133.24 $ 163.13
Construction Specialist (Second Shift) $ 108.14 $ 140.42 $ 172.70 Laborer 1 $ 98.70 $ 131.56 $ 160.89
Labor 1 (Second Shift) $ 107.02 $ 138.74 $ 170.46
Laborer 2 $ 101.99 $ 131.20 $ 160.40
Laborer 3 $ 101.83 $ 130.96 $ 160.08
Laborer 4 $ 91.77 $ 115.86 $ 139.94
Laborer 6 $ 103.76 $ 133.86 $ 163.95
Laborer 7 $ 85.56 $ 106.55 $ 127.53
Labor App L1 $ 56.56 $ 76.94 $ 96.57
Labor App L2 $ 85.56 $ 106.55 $ 127.53
Labor App L3 $ 90.99 $ 114.68 $ 138.39
Labor App L4 $ 96.41 $ 122.82 $ 149.23
Foreman $ 144.13 $ 190.31 $ 236.50
Foreman (Second Shift) $ 148.89 $ 197.43 $ 245.99
Operator 1 $ 148.13 $ 196.32 $ 244.50
Operator 2 $ 145.71 $ 192.69 $ 239.66
Operator 3 $ 143.38 $ 189.18 $ 234.97
Operator 4 $ 141.19 $ 185.90 $ 230.61
Operator 4 (Second Shift) $ 148.74 $ 197.21 $ 245.70
Operator 5 $ 139.19 $ 182.89 $ 226.59
Operator 6 $ 137.10 $ 179.76 $ 222.42
Operator 7 $ 135.30 $ 177.06 $ 218.82
Operator 8 $ 133.49 $ 174.35 $ 215.21
Operator App L1 $ 102.78 $ 129.14 $ 155.51
Operator App L2 $ 106.85 $ 135.26 $ 163.68
Operator App L3 $ 110.91 $ 141.36 $ 171.80
Operator App L4 $ 115.00 $ 147.48 $ 179.96
Operator App L5 $ 127.22 $ 165.82 $ 204.42
Teamster 1 $ 109.91 $ 139.42 $ 168.93
Teamster 2 $ 110.39 $ 140.14 $ 169.88
Teamster 3 $ 110.87 $ 140.85 $ 170.84
Teamster 4 $ 111.43 $ 141.69 $ 171.96
Teamster 5 $ 111.98 $ 142.54 $ 173.07
Carpenter - General $ 140.95 $ 185.48 $ 230.01
Carpenter App L1 $ 81.77 $ 109.94 $ 138.13
Carpenter App L2 $ 90.55 $ 120.79 $ 151.00
Carpenter App L3 $ 98.70 $ 130.98 $ 163.24
Carpenter App L4 $ 102.81 $ 137.13 $ 171.45
Carpenter App L5 $ 124.61 $ 160.98 $ 197.33
Carpenter App L6 $ 128.70 $ 167.10 $ 205.51
Carpenter App L7 $ 132.78 $ 173.23 $ 213.67
Carpenter App L8 $ 136.87 $ 179.37 $ 221.85
Cement Mason $ 113.13 $ 147.48 $ 181.83
Electrician, Inside Wireman $ 141.97 $ 190.30 $ 238.63
Electrical Foreman $ 154.21 $ 208.57 $ 262.94
Electrical App L1 $ 67.72 $ 89.45 $ 111.20
Electrical App L2 $ 69.75 $ 92.45 $ 115.17
Electrical App L3 $ 80.78 $ 107.36 $ 133.95
Electrical App L4 $ 87.15 $ 116.15 $ 145.15
Electrical App L5 $ 94.92 $ 126.34 $ 157.75
Electrical App L6 $ 103.56 $ 137.39 $ 171.22
Electrical App L7 $ 110.17 $ 146.42 $ 182.66
Electrical App L8 $ 116.90 $ 155.57 $ 194.23
Electrical App L9 $ 124.64 $ 165.72 $ 206.80
Electrical App L10 $ 132.63 $ 176.12 $ 219.62
Billable Rate
(ST)
Billable
Rate (OT)
Billable Rate
(DT)
General Superintendent $ 217.50 $ 326.25 $ 435.00
Project Manager $ 290.00 $ 435.00 $ 580.00
Project Engineer $ 108.75 $ 163.13 $ 217.50
24 Updated: May 2023

FEMA Billing Rates
Equipment Rate
84 CHEVY 2500 PICKUP TRUCK $ 47.01
86 GMC SIERRA 1500 PICKUP TRUCK $ 47.01
87 GMC SIERRA 1500 PICKUP TRUCK $ 47.01
88 GMC SIERRA 2500 PICKUP TRUCK $ 47.01
89 GMC SIERRA 2500 PICKUP TRUCK $ 47.01
92 FORD F150 PICKUP TRUCK $ 47.01
96 FORD F150 PICKUP TRUCK $ 47.01
110 FORD F650 BOBTAIL DUMP TRUCK - 5 CY $ 91.68
112 FORD F650 BOBTAIL DUMP TRUCK - 5 CY $ 91.68
113 2,000 GALLON WATER TRUCK $ 68.39
115 FREIGHTLINER M2 DUMP TRUCK - 5 CY $ 91.68
116 MOROOKA MST-800V $ 69.35
216 GROVE RT-745 CRANE $ 201.14
217 GRADALL 534C FORKLIFT $ 62.88
223 GROVE RT-760 CRANE $ 243.76
224 GROVE RT-58C CRANE $ 96.79
226 GRADALL 534C FORKLIFT $ 62.88
229 GROVE RT-860 CRANE $ 213.85
231 GRADALL 534D-10 FORKLIFT $ 98.59
232 GENIE GS-1930 SCISSOR LIFT $ 32.75
235 GRADALL 534D-9-45 FORKLIFT $ 98.59
236 CAT TH83 FORK LIFT TRUCK $ 98.59
237 CAT TH83 FORK LIFT TRUCK $ 98.59
241 CAT TH83 FORK LIFT TRUCK $ 98.59
300 SAKAI SV201TB-1 PADFOOT WITH BLADE $ 64.49
303 JOHN DEERE 410J BACKHOE LOADER $ 99.85
306 KOBELCO SK140SR EXCAVATOR $ 86.71
322 BOBCAT 773 LOADER $ 44.20
329 KOMATSU WA250 LOADER $ 141.28
331 BOBCAT 773 LOADER $ 44.20
333 HITACHI EX310-LC EXCAVATOR $ 109.30
335 BOBCAT 873 LOADER $ 58.40
338 CAT 330BL EXCAVATOR $ 231.49
345 KOMATSU WA250 LOADER $ 141.28
348 HITACHI EX100 EXCAVATOR $ 96.34
349 BOMAG BW 90AD SMOOTH DRUM ROLLER $ 20.16
351 JOHN DEERE 310E BACKHOE LOADER $ 67.96
353 SULLAIR 185 49HP COMPRESSOR $ 35.66
354 TAKEUCHI TB-016 EXCAVATOR $ 12.40
358 BOBCAT S-185 $ 58.40
359 KOMATSU PC400 EXCAVATOR $ 261.84
360 KOMATSU WA380-5 WHEEL LOADER $ 195.00
362 BOMAG BW 90AD SMOOTH DRUM ROLLER $ 20.16
366 DITCH WITCH 3700 TRENCHER $ 48.51
367 KOMATSU PC35 EXCAVATOR $ 31.59
369 KOMATSU PC220 EXCAVATOR $ 157.79
371 CASE CX50B EXCAVATOR $ 44.24
372 CASE CX75 SR EXCAVATOR $ 46.26
373 VOLVO EC240 BLC EXCAVATOR $ 140.86
374 CASE CX50B EXCAVATOR $ 44.24
377 JOHN DEERE 310SG BACKHOE LOADER $ 79.14
378 TAKEUCHI TB-125 EXCAVATOR $ 25.05
383 BOBCAT S-650 SKID-STEER LOADER $ 58.40
384 BOBCAT S-650 SKID-STEER LOADER $ 58.40
385 JOHN DEERE JD-210LE LOADER $ 66.35
386 SWEEPER (BOBCAT) BY QUICK ATTACH $ 48.33
387 BOBCAT S-300 SKID-STEER LOADER $ 58.40
388 JOHN DEERE 410K BACKHOE LOADER $ 107.19
389 CAT D4G XL DOZER $ 73.86
390 CAT CB24 VIBRATORY ROLLER $ 50.43
391 KOBELCO SK140SR EXCAVATOR $ 86.71
393 JOHN DEERE 27D COMPACT EXCAVATOR $ 27.79
394 JOHN DEERE 410K BACKHOE LOADER $ 107.19
395 JOHN DEERE 524K WHEEL LOADER $ 118.56
398 CAT CB24B VIBRATORY ROLLER $ 62.74
399 JOHN DEERE 210L LOADER $ 67.29
416 18-FT TILT-BED TRAILER $ 2.08
532 SULLIVAN D210QV COMPRESSOR $ 35.66
534 SULLIVAN D210QV COMPRESSOR $ 35.66
541 LEROI 200 AIR COMPRESSOR $ 35.66
553 MULTIQUIP GENERATOR 70KW $ 46.13
554 SULLIVAN D210QV COMPRESSOR $ 35.66
555 SULLIVAN D210QV COMPRESSOR $ 35.66
563 500 GALLON WATER TRAILER $ 4.34
564 500 GALLON WATER TRAILER $ 4.34
565 500 GALLON WATER TRAILER $ 4.34
571 SULLAIR 185 49HP COMPRESSOR $ 35.66
572 SULLAIR 185 49HP COMPRESSOR $ 35.66
573 VAC-TRON PMD550DT $ 25.00
575 VAC-TRON PMD550DT $ 25.00
580 500 GALLON WATER TRAILER $ 4.34
581 500 GALLON WATER TRAILER $ 4.34
583 500 GALLON WATER TRAILER $ 4.34
700 BOMAG 815-2 ASPHALT PAVER $ 93.49
1005 CHEVY 3500HD CREW TRUCK - PAVING $ 52.99
1006 CHEVY 2500HD PICKUP TRUCK $ 47.01
1009 CHEVY 3500HD CREW TRUCK - UTILITY $ 52.99
1010 FORD F150 PICKUP TRUCK $ 47.01
1011 CHEVY 3500HD CREW TRUCK - CREW $ 52.99
1017 FORD F150 PICKUP TRUCK $ 47.01
1018 FORD F150 PICKUP TRUCK $ 47.01
25 Updated: May 2023

FEMAs Billing Rates
1019 FORD F250 CREW TRUCK - UTILITY $ 52.99
1020 FORD F250 CREW TRUCK - UTILITY $ 52.99
1024 FORD F150 PICKUP TRUCK $ 47.01
1026 FORD F250 CREW TRUCK - UTILITY $ 52.99
1028 GMC CANYON PICKUP TRUCK $ 47.01
2001 JLG 8042 SKYTRAK TELEHANDLER $ 98.59
2004 JLG 8042 SKYTRAK TELEHANDLER $ 98.59
2005 TEREX RT-110-10 CRANE $ 218.78
2007 JLG 8042 SKYTRAK TELEHANDLER $ 98.59
3001 BOBCAT S-590 SKID-STEER LOADER $ 58.40
3002 BOBCAT S-590 SKID-STEER LOADER $ 58.40
3003 JOHN DEERE 310SK BACKHOE LOADER $ 79.70
3004 JOHN DEERE 17G FT4 EXCAVATOR $ 22.46
3005 KOBELCO SK230 SR LC-5 EXCAVATOR $ 154.78
3006 BOBCAT S-650 SKID-STEER LOADER $ 58.40
3007 JOHN DEERE 50G EXCAVATOR $ 43.66
3008 HITACHI ZX300LC-6N EXCAVATOR $ 210.25
3009 BOBCAT S-650 SKID-STEER LOADER $ 58.40
3010 BOBCAT S-650 SKID-STEER LOADER $ 58.40
3011 JOHN DEERE 710L BACKHOE LOADER $ 126.18
3012 BOBCAT S-650 SKID-STEER LOADER $ 58.40
3013 WEILER P385B ASPHALT PAVER $ 159.45
3014 KOMATSU PC490LC-11 EXCAVATOR $ 334.13
3015 CAT D6KP LGP DOZER $ 107.49
3016 BOBCAT T-740 TRACK LOADER $ 58.40
3017 BOBCAT S-740 SKID-STEER LOADER $ 58.40
3019 KOMATSU WA320-8 WHEEL LOADER $ 164.93
3020 JOHN DEERE 410L BACKHOE LOADER $ 107.19
3021 JOHN DEERE 245G EXCAVATOR $ 145.41
3022 $ -
3023 JOHN DEERE 50G EXCAVATOR $ 43.66
3024 JOHN DEERE 210L LOADER $ 67.29
3025 JOHN DEERE 35G EXCAVATOR $ 35.05
3027 $ -
5002 PAVE-MATE PM230 BITUMINOUS DISTRIBUTOR $ 11.29
5004 Wanco WVTM(A) Mini Full Matrix CMS $ 14.99
5005 Wanco WVTM(A) Mini Full Matrix CMS $ 14.99
5008 VAC-TRON LP573SDT $ 82.31
7000 5,000 GALLON WATER TRUCK $ 117.01
7001 FORD F750 BOBTAIL DUMP TRUCK - 5 CY $ 91.68
7002 FREIGHTLINER M2 DUMP TRUCK - 7 CY $ 91.68
7005 FORD F650 BOBTAIL DUMP TRUCK - 5 CY $ 91.68
7006 FORD F650 BOBTAIL DUMP TRUCK - 5 CY $ 91.68
7007 2,000 GALLON WATER TRUCK $ 68.39
26 Updated: May 2023

27 Updated: May 2023

EXHIBIT C

SCHEDULE OF PERFORMANCE
This is an on-call as needed agreement.

For each job under this agreement, the City will request a detailed task order proposal from the Contractor. The Contractor proposal shall include an itemized breakdown of hourly labor and equipment rates as well as all materials and material mark up costs. The City’s project manager will issue a notice to proceed if the proposal is accepted. The Contractor will issue an invoice at the completion of the each task order, and shall include a detailed breakdown of all hourly charges for labor and equipment, materials, and material mark up costs.

8 CITY COUNCIL STAFF REPORT
MEETING DATE: August 23, 2023
PREPARED BY:

Maria Angeles, Senior Civil Engineer
APPROVED BY: City Manager
APPROVE FINAL MAP FOR MANZANITA PARK - TRACT NO. 10585

AND RELATED SUBDIVISION IMPROVEMENTS AGREEMENT AND

ENCROACHMENT AGREEMENT

RECOMMENDATION(S)

1. Approve the Final Map;

2. Approve a Subdivision Improvements Agreement with TOLL WEST COAST LLC, a Delaware Limited Liability Company;

3. Approve an Encroachment Agreement with TOLL WEST COAST LLC;

4. Authorize the City Manager to execute the Subdivision Improvements Agreement and Encroachment Agreement; and

5. Authorize the recordation of the Final Map, Subdivision Improvements Agreement, and Encroachment Agreement.

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

Manzanita Park – Tract 10585 is a two-lot, 67-unit residential condominium development located at the northernmost part of the City, just east of the Monterey Road/Tilton Avenue intersection as shown on the attached Site Map (Attachment 1).

The project shares its northerly property line with an undeveloped agricultural land within the City of San Jose and shares its easterly property line with a parcel within the unincorporated area of Santa Clara County.

The project’s first lot, labeled as Parcel 1 on the Final Map, has an area of 3.1 acres and would be located north of the proposed extension of Tilton Avenue (a public arterial street) to the east of Monterey Road. The second lot, labeled as Parcel No. 2, has an area of 1.8 acres and would be south of the Tilton Avenue extension.

8 The extension of Tilton Avenue begins at Monterey Road then will terminate at the project’s easterly property line. The Developer will dedicate to the City (in fee) the ultimate right-of-way width of the extended segment of Tilton Avenue. Pursuant to the City’s current General Plan, further connection of Tilton Avenue to Burnett Avenue is a future consideration if the adjacent easterly, unincorporated County parcel is annexed to the City.

Since the connection of Tilton Avenue to Burnett Avenue is not expected to occur in the near term and since the extended segment of Tilton Avenue will only be serving the project site, the project will construct the extended segment of Tilton Avenue with an interim street width ranging from 40’ to 52’ which is less than the City standard width of a public arterial street.

Encroachment Agreement
In connection with the development of the project, the Developer will construct a private sanitary sewer system from Parcel 1, then southerly to a private sanitary sewer lift station on Parcel 2, and then will be extended along Monterey Road to connect to the existing public sewer main that begins at the intersection of Monterey Road and Burnett Avenue. A 79-foot-long segment of the private sanitary sewer line will run parallel to Monterey Road and will cross the Tilton Avenue extension. This sewer segment is proposed to be a permanent private sanitary sewer improvement.

The Developer will also construct temporary private improvements on portions of the Tilton Avenue extension right-of-way and on the proposed Public Service Easement behind both sides of the new Tilton Avenue right-of-way. The temporary private improvements consist of the project’s private amenities (such as bike racks, metal benches, water feature, portion of a tot lot, and other amenities) and other private utilities.

Since both the permanent private sanitary sewer improvement and temporary private improvements will encroach into the Tilton Avenue right-of-way and Public Service Easements, an Encroachment Agreement (Attachment 2) is required to memorialize the respective rights and obligations of the City and Developer with respect to the private sanitary sewer improvement and temporary private improvements.

Under the proposed Encroachment Agreement, the Developer and future Homeowners Association (HOA) will be responsible for the inspection, repair, restoration, reconstruction, replacement, and maintenance of the private sewer improvement and temporary private improvements at the Developer’s/HOA’s sole cost, risk and expense.

Moreover, when the City finally decides to widen the extended portion of Tilton Avenue to its ultimate/City standard street width, the Developer or future HOA will be required to remove and/or relocate the temporary private improvements at their sole cost and expense.

Final Map
The Developer, TOLL WEST COAST LLC, has completed all the conditions specified by the Planning Commission in the approval of the project’s Vesting Tentative Map and

8 Design Review Permit (Resolution No. 22-05). At the time of approval of the Vesting Tentative Map and Design Permit, the developer was North Corridor Investors. TOLL WEST COAST LLC now holds title to the development property.

The City Council is required to approve the Final Map (Attachment 3) if it conforms to all the requirements of the Subdivision Map Act, and any conditions of approval for the Vesting Tentative Map.

The Developer has furnished the City with the necessary documents to complete the processing of the Final Map and has made provisions to provide the City with the required fees, security, and insurance prior to recordation of the Final Map. The Final Map conforms to the requirements of the Subdivision Map Act, and conditions of approval have been met.

Staff recommends that City Council approve the Final Map and authorize the City Manager to sign the Subdivision Improvements Agreement (Attachment 4) and the Encroachment Agreement pending review and approval by the City Attorney.

COMMUNITY ENGAGEMENT:

Inform
The Planning Commission approved the project’s Vesting Tentative Map and Design Permit at its March 22, 2022 meeting. The project was publicly noticed including a mailing to property owners within 600 feet of the project.

ALTERNATIVE ACTIONS:

There is no feasible alternative action as the Developer has met the requirements of the Vesting Tentative Map conditions approved by the Planning Commission to file for a Final Map approval.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

March 22, 2022 – Planning Commission adopted Resolution No. 22-05, approving the Vesting Tentative Map and Design Permit.

FISCAL AND RESOURCE IMPACT:

Development review costs for this project are paid for from development processing fees.

CEQA (California Environmental Quality Act):

Project
A Mitigated Negative Declaration was adopted for this project on March 22, 2022.

1 RECORDING REQUESTED BY

WHEN RECORDED RETURN TO

CITY OF MORGAN HILL
City Clerk’s Office
17575 PEAK AVENUE
MORGAN HILL, CA  95037
(RECORD AT NO FEE PURSUANT TO
GOVERNMENT CODE SECTION 27383) THE AREA ABOVE IS RESERVED FOR RECORDER'S USE

ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT ("AGREEMENT") is made this ______ day of _______________, 2023, by and between TOLL WEST COAST LLC, a Delaware Limited Liability Company ("DEVELOPER"), and the CITY OF MORGAN HILL, a California municipal corporation ("CITY"). DEVELOPER and CITY are sometimes referred to collectively herein as the "PARTIES" and individually as “PARTY.”

R E C I T A L S
A. DEVELOPER holds fee title to the real property located east of the intersection of Monterey Road and Tilton Avenue in the City of Morgan Hill, County of Santa Clara, State of California, with current Assessor’s Parcel Number 725-01-018, which real property is more specifically described on Exhibit "A", entitled "Legal Description of Project Property," attached hereto and incorporated by this reference (the "PROJECT PROPERTY").

B. DEVELOPER is the current developer of that proposed residential condominium development on the PROJECT PROPERTY, commonly known as MANZANITA PARK ("PROJECT").

C. The former, original developer of the PROJECT, North Corridor Investors LLC, a Limited Liability Company, obtained the CITY’s approval for the PROJECT’S two-lot Vesting Tentative Map (SD2020-0007) and a Design Permit (SR2020-0017) on March 22, 2022 per Planning Commission Resolution Number 22-05.

D. CITY plans to extend Tilton Avenue through Burnett Avenue in the future pursuant to the CITY’S General Plan.

E. As a condition of approval of the Final Map, DEVELOPER is required to construct and dedicate public right-of-way to CITY consisting of the extended portion of Tilton Avenue.

CITY will own in fee title that certain real property of approximately 0.74 gross acre in size which is the proposed extension of Tilton Avenue, a public street, and generally located to the east of Monterey Road and to the north of Burnett Avenue, in the City of Morgan Hill, County of Santa Clara, State of California, which real property is more specifically described on Exhibit "B",

2 entitled "Legal Description of City Property," attached hereto and incorporated by this reference (the "CITY PROPERTY").

F. The PROJECT PROPERTY is subject to easements for Public Service (“P.S.E.” or “EASEMENT”) required as conditions of approval as shown on the PROJECT’S proposed Final Map for Tract No. 10585.

G. As shown on the Final Map, buildings and structures generally may not be located within the P.S.E. area.

H. DEVELOPER intends, and CITY will allow, some PROJECT improvements to be located temporarily within the P.S.E. as described herein.

I. The PROJECT will be encumbered by and will be subject to a certain Declaration of Covenants, Conditions, and Restrictions, and Reservation of Easements to be recorded in the Office of the County Recorder for Santa Clara County, California (“DECLARATION”).

J. The PROJECT will form a homeowners association (“ASSOCIATION”) to be referenced in the DECLARATION. The ASSOCIATION will own fee title to the common areas in the PROJECT (as defined in the DECLARATION).

K. In connection with the development of the PROJECT PROPERTY, as required by CITY under the Engineering conditions of approval of the PROJECT’S Vesting Tentative Map and Design Permit, DEVELOPER will construct and install the permanent private sanitary sewer improvement and temporary private improvements on portions of both the CITY PROPERTY and EASEMENT as shown on the PLANS.

L. The permanent private sanitary sewer improvement is the segment of the PROJECT’S private sanitary sewer line, approximately 79 feet in length, that runs parallel to Monterey Road and begins from a private sanitary sewer manhole located near the future private drive named “Juniper Loop” and ends south at another private sanitary sewer manhole located near the future private drive named “Lavender Loop”, shown on Exhibit “C”, entitled "Permanent Sewer Improvement”, attached hereto and incorporated herein by this reference (“PERMANENT SEWER IMPROVEMENT”).

M. The temporary private improvements consist of the PROJECT’S private amenities (that include bike racks, metal benches, water feature, portion of a tot lot, and other amenities), private utilities (except for the PERMANENT SEWER IMPROVEMENT), private landscaping and associated irrigation and backflow preventer assembly, and private driveways and walkways, shown on Exhibit “D”, entitled “Temporary Improvements”, attached hereto and incorporated herein by this reference (“TEMPORARY IMPROVEMENTS”). Some TEMPORARY IMPROVEMENTS are required to be included in the PROJECT by the CITY’S Zoning Code or PROJECT approvals.

3 N. The PERMANENT SEWER IMPROVEMENT and TEMPORARY
IMPROVEMENTS are shown upon, and in a manner that conforms to, the location and design shown on the civil and landscape sheets of the offsite improvement plans entitled, “Improvement Plans – Manzanita Park, Tract No. 10585” (the “PLANS”).

O. DEVELOPER and CITY desire to set forth their respective rights and obligations with respect to the PERMANENT SEWER IMPROVEMENT and TEMPORARY IMPROVEMENTS in this AGREEMENT.

NOW, THEREFORE, in furtherance of the foregoing Recitals, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, DEVELOPER and CITY hereby agree as follows:

1. Location of Permanent Sewer Improvement and Temporary Improvements; Terms.
a. The PERMANENT SEWER IMPROVEMENT may permanently remain only upon that portion of the CITY PROPERTY and EASEMENT as shown upon Exhibit “C” and the PLANS, subject to the terms and conditions of this AGREEMENT.
b. The TEMPORARY IMPROVEMENTS may temporarily remain only upon that portion of the CITY PROPERTY and EASEMENT as shown upon Exhibit “D” and the PLANS, subject to the terms and conditions of this AGREEMENT. c. CITY makes no representations or warranties to DEVELOPER about the condition of the CITY PROPERTY and EASEMENT, or any portion thereof, or that the CITY PROPERTY and EASEMENT are suitable for the PERMANENT SEWER IMPROVEMENT and TEMPORARY IMPROVEMENTS.
d. CITY reserves the right for itself and others to use the CITY PROEPRTY AND EASEMENT for public purposes, including but not limited to the installation and maintenance of underground utilities.

2. Membership to Underground Service Alert (USA): The DEVELOPER is required to sign up as a member with Underground Service Alert (USA) for future marking by the DEVELOPER and ASSOCIATION of the PERMANENT SEWER IMPROVEMENT.

DEVELOPER shall provide proof of USA membership prior to PROJECT acceptance or prior to building final of the last unit, whichever is first.

3. Use, Maintenance and Repair of Permanent Sewer Improvement and Temporary Improvements.
a. DEVELOPER and ASSOCIATION are required to apply for a City Encroachment Permit for all work performed within the CITY’S right-of-way. b. DEVELOPER and ASSOCIATION shall be solely responsible for, at DEVELOPER’s/ASSOCIATION’s sole cost, risk and expense, inspecting, repairing, restoring, reconstructing, replacing, and maintaining the PERMANENT SEWER IMPROVEMENT and TEMPORARY IMPROVEMENTS (and the related CITY PROPERTY upon which the PERMANENT SEWER IMPROVEMENT and

4 TEMPORARY IMPROVEMENTS are located) in a good, safe, sanitary, and undamaged condition, in compliance with all applicable laws, ordinances and codes and in accordance with the DECLARATION and the PLANS. c. CITY hereby grants to DEVELOPER and ASSOCIATION the right to use, inspect, maintain, repair, and replace the PERMANENT SEWER IMPROVEMENT and TEMPORARY IMPROVEMENTS in the location as shown upon Exhibit “C”, Exhibit “D”, and the PLANS, in accordance with this AGREEMENT and the DECLARATION; provided, however, that CITY reserves unto itself the right to construct, maintain, repair, replace, access and use that portion of the CITY PROPERTY and EASEMENT upon which the PERMANENT SEWER
IMPROVEMENT and TEMPORARY IMPROVEMENTS are located for
underground utilities.
d. The operation and maintenance of the PERMANENT SEWER IMPROVEMENT and the PROJECT’s private sanitary sewer system are also subject to a separate Private Sanitary Sewer Maintenance Agreement to be executed by the DEVELOPER.
e. The proposed extended portion of Tilton Avenue will be widened in the future to its ultimate street width as determined by the City Engineer. At that time, the City will design a capital improvement project that will remove, relocate and/or abandon the existing improvements within the area of street widening except for the TEMPORARY IMPROVEMENTS. The TEMPORARY IMPROVEMENTS
will need to be abandoned, removed or relocated by DEVELOPER or ASSOCIATION, at its sole cost and expense, within sixty (60) days upon a demand in writing therefor by CITY. The PARTIES hereto agree to meet promptly to ascertain a reasonable method of achieving such abandonment, removal and/or relocation based on current CITY standards and requirements.

Abandonment, removal and/or relocation may require design or building permits.

If DEVELOPER or ASSOCIATION fails to so remove or relocate a TEMPORARY IMPROVEMENT, CITY may cause such work to be done and the cost therefor shall be the responsibility of the DEVELOPER or ASSOCIATION.

DEVELOPER or ASSOCIATION shall pay CITY for the costs of such work within thirty (30) days of receipt of an invoice from CITY. Said costs may be deemed a lien upon the PROJECT PROPERTY if costs remain unpaid for a period of sixty (60) days from demand of payment.
f. DEVELOPER agrees that neither DEVELOPER nor ASSOCIATION shall bring onto the CITY PROPERTY and EASEMENT, nor store or dispose of on the CITY PROPERTY and EASEMENT, nor allow others to bring onto, store or dispose on the CITY PROPERTY and EASEMENT, any hazardous material of any kind. g. DEVELOPER agrees to provide CITY with reasonable advance notice of any repair, restoration, or reconstruction work or related service that DEVELOPER or ASSOCIATION may perform pursuant to this AGREEMENT. CITY agrees to provide DEVELOPER and ASSOCIATION with reasonable notice of work or service that may be performed by or on behalf of CITY upon the portion of CITY PROPERTY and EASEMENT upon which the PERMANENT SEWER
IMPROVEMENT and TEMPORARY IMPROVEMENTS are located.

5 h. Unless the CITY's written approval is first obtained, DEVELOPER and/or ASSOCIATION shall not construct nor install any other improvements, other than the PERMANENT SEWER IMPROVEMENT and TEMPORARY
IMPROVEMENTS, within or upon the CITY PROPERTY and EASEMENT or any portion thereof, nor shall expand or otherwise enlarge any of the PERMANENT SEWER IMPROVEMENT and TEMPORARY IMPROVEMENTS.
i. Except as otherwise described in this AGREEMENT, DEVELOPER and ASSOCIATION shall keep and cause to be kept the areas of CITY PROPERTY and EASEMENT completely open, free, and unobstructed at all times.

4. Assumption of Risks, Insurance, and Indemnity. DEVELOPER assumes all risks associated with the use of, and any and all activities upon, the CITY PROPERTY and EASEMENT and hereby waives any claim against CITY and its officers, directors, employees, agents, contractors, and invitees arising out of DEVELOPER's and ASSOCIATION’s use of or activities upon the CITY PROPERTY and EASEMENT.

Concurrently with its execution of this AGREEMENT, DEVELOPER shall provide the CITY with proof of a policy or policies of liability insurance with limits of liability thereunder not less than Two Million Dollars ($2,000,000.00) for bodily injury, including deaths of persons and property damage arising out of a single occurrence (if commercially reasonable to obtain), with a certificate that names the CITY, its elected officials, officers, employees and contractors as additional insureds ("Additional Insureds"). DEVELOPER shall defend (with legal counsel reasonably acceptable to Additional Insureds), indemnify and hold Additional Insureds free and harmless with respect to any and all claims, liabilities, and legal actions arising out of the acts or omissions of DEVELOPER, or any of DEVELOPER's officers, employees, agents or contractors in the performance of rights granted, or obligations imposed, by this AGREEMENT. This indemnity does not extend to any claims, liens, losses, costs, expenses, damages or other liability arising from or relating to any negligent or intentional acts or omissions by Additional Insureds. This paragraph shall survive termination of this AGREEMENT.

5. Liens. DEVELOPER shall keep the CITY PROPERTY and EASEMENT free of any liens or stop notices, shall promptly remove any liens, placed thereon resulting or arising from any actions or inactions of DEVELOPER or ASSOCIATION and shall indemnify, defend, and hold the CITY harmless from any and all liability, loss or expense associated with any such liens or stop notices.

6. Possessory Interest Tax Notice. CITY hereby provides notice, and DEVELOPER hereby acknowledges receipt of such notice, that pursuant to California Revenue & Taxation Code Section 107.6, any use or occupancy of public property, such as the CITY PROPERTY, may cause certain taxes to be levied upon such interest in said CITY PROPERTY. The PARTIES agree that DEVELOPER and ASSOCIATION shall be solely liable for, and shall timely pay and discharge prior to delinquency, any and all possessory interest taxes or other taxes that may be levied against DEVELOPER’S and ASSOCIATION’S right to occupy and use the CITY PROPERTY under this AGREEMENT.

6 7. Compliance With Laws. Each of the PARTIES shall at all times comply fully with all applicable governmental laws, ordinances, rules, codes, regulations, and permit requirements pertaining to the use of the CITY PROPERTY and EASEMENT and maintenance and repair of the PERMANENT SEWER IMPROVEMENT and TEMPORARY IMPROVEMENTS.

8. Waiver. The failure of any of the PARTIES or their successors to enforce any of the terms and provisions set forth herein shall not constitute a waiver of the right to enforce the same thereafter.

9. Entire Agreement. This AGREEMENT constitutes the entire integrated AGREEMENT of the PARTIES with respect to the subject matter of this AGREEMENT. This AGREEMENT may not be amended or terminated except by a writing signed by authorized signatories of all PARTIES.

10. Construction. The section headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction.

Wherever the context hereof may so require, the singular shall include the plural and the masculine shall include the feminine and neuter. This AGREEMENT shall be interpreted pursuant to its plain and ordinary meaning, as though prepared by both PARTIES, and in accordance with the laws of the State of California.

11. Notice. All notices required by this AGREEMENT shall be given in writing and shall be delivered personally, by first class mail, with postage pre-paid, or by a reputable overnight delivery service. Notices shall be considered given and received on the earlier of (a) receipt, if personally delivered or express mailed to the addressee, or to a partner or an officer of the addressee if the addressee is a partnership or corporation, or (b) fortyeight (48) hours following deposit in the United States mail. a. Address of DEVELOPER is as follows:

Steve Savage
Toll Brothers – Northern California Division
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566-7053

b. Address of CITY is as follows:

City Engineer
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
With a copy to:

City Clerk
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037

12. Incorporation of Exhibit. Exhibits "A", "B", “C” and “D” to this AGREEMENT are incorporated herein by this reference as if fully set forth herein.

7 13. Release of Developer Obligations. Upon the sale of the last unit in the PROJECT, DEVELOPER shall have no further obligations under this AGREEMENT, and ASSOCIATION shall be and remain fully responsible for each and every obligation hereunder.

14. Successors and Assigns. This AGREEMENT is made for the direct benefit of DEVELOPER’S property described in Exhibit “A”. The rights and obligations of the PARTIES hereunder shall be binding on the successors and assigns of the PARTIES hereto.

15. Binding Effect. This AGREEMENT shall run with the land and be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of DEVELOPER and CITY.

16. Third Party Beneficiaries. Except as expressly stated in this AGREEMENT, this AGREEMENT is entered into for the sole benefit of DEVELOPER and the CITY and may not be enforced by any third party.

17. Recordation of Agreement. Any of the PARTIES may cause this AGREEMENT or a memorandum thereof to be recorded in the Office of the County Recorder of Santa Clara County, California.

18. Governing Law and Venue. The provisions of this AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. Venue for any legal action arising out of this AGREEMENT shall be the Superior Court of the County of Santa Clara, California.

19. Authority to Execute. Each person executing this AGREEMENT on behalf of a PARTY represents and warrants for the benefit of the other PARTY that the person is duly authorized to execute this AGREEMENT on behalf of that PARTY and to bind that PARTY thereby.

20. Counterpart Executions. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
(Signatures Follow on Subsequent Page)
//
//
//
//

8 IN WITNESS WHEREOF, the PARTIES have made and executed this AGREEMENT on the day and year first above written.
"DEVELOPER"
TOLL WEST COAST LLC, a Delaware
Limited Liability Company
BY: ___________________________
Name:___________________________
Title: ___________________________
BY: ___________________________
Name:___________________________
Title: ___________________________
[Acknowledgement by Notary Public
required]
ATTEST:

By:_____________________________
Michelle Bigelow, City Clerk
APPROVED AS TO FORM:

By:______________________________
Donald A. Larkin, City Attorney
"CITY"
CITY OF MORGAN HILL, a California
municipal corporation
By:______________________________
Christina J. Turner, City Manager

9 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Santa Clara
On    20___, before me,       a Notary Public in and for said County and State, personally appeared
proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

SIGNATURE OF NOTARY PUBLIC
(ABOVE AREA FOR NOTARY SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Santa Clara
On    20___, before me,       a Notary Public in and for said County and State, personally appeared
proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

SIGNATURE OF NOTARY PUBLIC
(ABOVE AREA FOR NOTARY SEAL)

10 EXHIBIT "A"

LEGAL DESCRIPTION OF PROJECT PROPERTY
Real property in the City of Morgan Hill, County of Santa Clara, State of California, described as follows:

BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF MONTEREY ROAD, AS THE SAME EXISTED PRIOR TO NOVEMBER 12, 1937, AT THE MOST SOUTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED FROM PETER RAGGIO, ET UX., TO VICTOR RAGGIO, DATED NOVEMBER 22, 1930, RECORDED DECEMBER 2, 1930 IN BOOK 546 OFFICIAL RECORDS PAGE 30, SANTA CLARA COUNTY RECORDS; RUNNING THENCE SOUTH 39 DEG. 30' EAST ALONG THE SAID NORTHEASTERLY LINE OF MONTEREY ROAD 705.018 FEET, MORE OR LESS, TO THE WESTERNMOST CORNER OF THAT CERTAIN 1 00 ACRE TRACT OF LAND DESCRIBED IN THE DEED FROM M. E. LENNON TO BURNETT SCHOOL DISTRICT, DATED JULY 16, 1928, RECORDED JULY 17, 1928 IN BOOK 415 OFFICIAL RECORDS PAGE 164, SANTA CLARA COUNTY RECORDS; RUNNING THENCE NORTH 50 DEG. 30' EAST ALONG THE NORTHWESTERLY LINE OF SAID 1.00 ACRE TRACT 401.12 FEET TO THE NORTHERNMOST CORNER THEREOF RUNNING THENCE NORTH 39 DEG. 30' WEST AND PARALLEL WITH THE SAID NORTHEASTERLY LINE OF THE MONTEREY ROAD 700 FEET, MORE 0R LESS, TO A POINT

ON THE SOUTHEASTERLY LINE OF LAND SO DESCRIBED IN THE DEED TO SAID VICTOR RAGGIO; RUNNING THENCE SOUTH 49 DEG. 01' WEST ALONG SAID LAST NAMED LINE 401 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED FROM PETER RAGGIO, ET UX, TO STATE OF CALIFORNIA, DATED NOVEMBER 12, 1937, RECORDED DECEMBER 11, 1937 IN BOOK 858 OFFICIAL RECORDS PAGE 52, AS FOLLOWS:

COMMENCING AT THE POINT OF INTERSECTION OF THE PROPERTY LINE COMMON TO THE

LANDS NOW OR FORMERLY OWNED BY VICTOR RAGGIO AND PETER RAGGIO, AND THE EASTERLY LINE OF MONTEREY ROAD AND BEING DISTANT NORTH 48 DEG. 33' 15" EAST 18.77 FEET FROM ENGINEER'S STATION 910+97.04 ON THE CENTER LINE OF THE DEPARTMENT OF PUBLIC WORKS' SURVEY BETWEEN COYOTE AND MORGAN HILL, ROAD 1V-SCI-2-B: THENCE FROM SAID POINT OF COMMENCEMENT ALONG SAID PROPERTY LINE NORTH 48 DEG. 33' 15" EAST 38.26 FEET TO A POINT ON A LINE PARALLEL TO AND 57 FEET EASTERLY AT RIGHT ANGLES FROM THE CENTER LINE OF SAID SURVEY; THENCE ALONG SAID PARALLEL LINE, SOUTH 39 DEG. 36' 15" EAST 695.96 FEET TO THE NORTHWESTERLY PROPERTY LINE OF THAT 1 ACRE TRACT CONVEYED BY PETER RAGGIO AND TINY RAGGIO, HIS WIFE, TO M.E. LENNON, BY DEED DATED JULY 16, 1928 RECORDED JULY 17, 1928 IN BOOK 415 OFFICIAL RECORDS PAGE 163; THENCE ALONG SAID PROPERTY LINE, SOUTH 50 DEG. 14' 45" WEST 38.43 FEET TO THE EASTERLY LINE OF MONTEREY ROAD; THENCE ALONG SAID EASTERLY LINE OF NORTH 39 DEG. 35' 20" WEST 694.83 FEET TO THE POINT OF COMMENCEMENT.

APN: 725-01-018

11 EXHIBIT "B"

LEGAL DESCRIPTION OF CITY PROPERTY
[To Be Attached after Final Map is Recorded]

WH WH WH WH 44" 54" MIN WH 44" 54" MIN60"
24" MIN WH WH 44" 54" MIN WH WH WH WH
Tilton Avenue
8" Water
Monterey Road (E) Street
Building 11 24" Storm
10'PSE
R/W
10'PSE R/W
Lavender Loop (private street)
79' - 6"Ø SS (SDR26) @ S=0.50%

PRIVATE SANITARY SEWER

TO BE MAINTAINED BY THE HOA SS SD
W
W

SD W W W
SD
W
W
W

W SS SS SS W W W SD SD SD SD SD W W SD SD SD SD SD W W W W W W W W W W W W W W W W W W W W W W W W W W W W W CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO

W W W SS W F W W W
W

W F F F SD
SD
SD > > > SD
13'
CO
SS SS
W
W
W
Building 12
Building 6
Building 8 46' 46' Stamp 'S' On Top of Curb at Sewer Crossing Stamp 'S' On Top of Curb at Sewer Crossing SSMH RIM 343.04 INV 334.52, 6"∅In INV 334.52, 6"∅Out SSMH RIM 343.08 INV 334.92, 6"∅Out INV 334.92, 6"∅In Juniper Loop (private street) 10'PSE (SS) SCALE: SHEET of DRAWN BY: JOB #: DATE: 16075 VINEYARD BOULEVARD MORGAN HILL, CA 95037 (408) 779-7381 1 1 218149.FM 8-14-23 1"=40' HS North Scale 1" = 40' EXHIBIT "C" PERMANENT SEWER IMPROVEMENT

13 EXHIBIT “D”

TEMPORARY IMPROVEMENTS
DRAFT

9 CITY COUNCIL STAFF REPORT
MEETING DATE: August 23, 2023
PREPARED BY:

Juan Paulo Pausanos, Assistant Engineer
Charlie Ha, Supervising Civil Engineer
APPROVED BY: City Manager
APPROVE FINAL MAP FOR SAN SEBASTIAN PHASE 4B - TRACT NO. 10604

RECOMMENDATION(S)

1. Approve the Final Map; and

2. Authorize recordation of the Final Map.

COUNCIL PRIORITIES, GOALS & STRATEGIES
2022-2023 Strategic Priorities
Economic Development
REPORT NARRATIVE:

San Sebastian Phase 4B – Tract No. 10604 is a 4-lot subdivision located northwest of the intersection of Cochrane Road and Half Road (as shown on the attached site map) (Attachment 1). The developer, Toll CA XX, LP, has completed all the conditions specified by the Planning Commission in the approval of the Tentative Map (SD-09-07) on February 12, 2013.

The City Council is required to approve the Final Map (Attachment 2) if it conforms to all the requirements of the Subdivision Map Act, and any conditions of approval for the Tentative Map.

The developer has furnished the City with the necessary documents to complete the processing of the Final Map and has made provisions to provide the City with the required fees, security, and insurance prior to recordation of the Final Map. The Final Map conforms to the requirements of the Subdivision Map Act, and conditions of approval have been met. Staff recommends that City Council approve the Final Map.

On June 21, 2023, the City Council approved the Final Map and Subdivision Improvement Agreement for San Sebastian Phase 4A – Tract 10600. The Subdivision Improvements Agreement for Phase 4A of San Sebastian with surety bonds and insurance covered all public improvements necessary for Phase 4B of San Sebastian.

Therefore, no additional Subdivision Improvements Agreement will be needed with the

9 processing of the San Sebastian Phase 4B Final Map.

COMMUNITY ENGAGEMENT:

On February 12, 2013, the Planning Commission approved the project's Tentative Map.

Residents within a 300 feet radius were informed of the Planning Commission’s intent to approve the Tentative Map for the project, in which a public hearing was held to allow the public to be involved and voice their concerns over the Tentative Map requirements.

ALTERNATIVE ACTIONS:

There is no feasible alternative action as the developer has met the requirements of the tentative map conditions approved by the Planning Commission to file for a final map approval.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On June 21, 2023 the City Council approved the San Sebastian Phase 4A Final Map and related Subdivision Improvements Agreement.

On March 2, 2022 the City Council approved the San Sebastian Phase 3A Final Map and related Subdivision Improvements Agreement.

FISCAL AND RESOURCE IMPACT:

Development review costs for this project are paid for from development processing fees.

CEQA (California Environmental Quality Act):

An Environment Impact Report was adopted by the City Council on February 27, 2013.

10 CITY COUNCIL STAFF REPORT
MEETING DATE: August 23, 2023
PREPARED BY:

Chris Ghione, Public Services Director
APPROVED BY: City Manager

APPROVE PARKS AND RECREATION COMMISSION WORK PLAN

RECOMMENDATION(S)
Approve the proposed Parks and Recreation Commission FY 2023-24 Work Plan.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Protecting the Environment and Preserving Open Space and Agricultural Land Maintaining and Enhancing Infrastructure
Supporting our Youth, Seniors, and Entire Community
Fostering a Positive Organizational Culture
Preserving and Cultivating Public Trust
Enhancing Diversity and Inclusiveness
2022-2023 Strategic Priorities
Fiscal Sustainability
Community Outreach, Engagement, and Messaging
Economic Development
Transportation
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

Annually, the Library, Culture and Arts Commission (LCAC) and the Parks and Recreation Commission (PRC) submit Work Plans for approval by the City Council.

After approval by the Council, the Commissions use these Work Plans to guide their work over the next year. The LCAC Work Plan was approved in June. City staff believe that the Work Plan of the PRC can be achieved with moderate impact on staff resources. As has been the case in past years, many commissioners have volunteered to take on some of the legwork associated with the specific Work Plan items.

The PRC Work Plan includes items carried forward from the previous fiscal years.This is due to limitations on available City staff resources and aggressive Work Plan items established by the Commission. Some items are also multi-year in nature.

10 COMMUNITY ENGAGEMENT:

Consult
The development of the Work Plans occurred at noticed public meetings of the PRC and the LCAC. Specific Work Plan items will include appropriate public engagement.

ALTERNATIVE ACTIONS:

The Council could alternatively modify a Commission’s Work Plan to eliminate, add, or change specific items within a Work Plan.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The PRC approved their Work Plan for City Council review on July 18, 2023.

FISCAL AND RESOURCE IMPACT:

There is no direct fiscal impact associated with the approval of the Commission Work Plans. Each Work Plan identifies the estimated staff resources necessary to support the specific Work Plan items. Supporting the LCAC and PRC is an ongoing activity for the Public Services Department.

CEQA (California Environmental Quality Act):

Not a Project
Development of Commission Work Plans is an administrative activity of government that will not result in direct or indirect physical changes in the environment. While some projects on the Work Plans may result in changes to the physical environment, those projects would undergo appropriate environmental review on a project by project basis to meet CEQA requirements.

Parks & Recreation Commission
FY 2023-24 Work Plan – Final Draft for Council
Project
(Commissioner
Responsible)
City Council
Priority
Supported
Staff Resources
Required
Desired Outcome

1. Get youth more active
in Parks and Recreation
Supporting Our Youth, Seniors
& Entire Community
Recreation
Manager
(Minimal)
Review program opportunities for new youth
programming. (Maniar/Vittal/Lovato)

2. Support bicycle and
trails development
efforts
Supporting Our Youth, Seniors
& Entire Community
PS Director
(Minimal)
Work to coordinate with community members on
bicycle and trails issues with volunteer Bicycle and
Pedestrian Advocacy Group. (Lovato)

3. Support the Morgan
Hill Magical Bridge
ongoing operations
Supporting Our Youth, Seniors
& Entire Community
Recreation
Supervisor and
Coordinator
(Moderate)
Support and enhance the ongoing volunteer and
ambassador efforts at the Morgan Hill Magical Bridge
Playground, including a youth volunteer program.
(Vittal/Maniar)

4. Support planning for
updated sports facilities
and partnerships
Supporting Our Youth, Seniors
& Entire Community
Economic Development
Recreation
Manager
(Minimal)

1. Monitor Outdoor Sports Center transition to new
operator. (van Keulen)

2. Monitor Centennial Recreation Center Expansion
programming. (van Keulen)

5. Support City in grant
opportunities
Supporting Our Youth, Seniors
& Entire Community
Fiscal Sustainability
PS Director
(Moderate)
Mngt Analyst
(Moderate)

1. Support City staff in identifying and evaluating grant opportunities and associated projects. (Scott/Maniar)

2. Explore opportunities for tree establishment watering funding. (Scott)

6. Increase volunteer
Adopt a Park Program
participation
Supporting Our Youth, Seniors
& Entire Community
Fiscal Sustainability
PS Director
(Minimal)
CS Supervisor
(Minimal)
As an exploratory committee, evaluate the opportunity
to recreate ongoing volunteer groups to support park
maintenance. (Scott/Lovato)

7. Evaluate opportunities
to increase youth
involvement in park
planning
Supporting Our Youth, Seniors
& Entire Community
PS Director
(Minimal)
Rec Coord
(Minimal)
Work with City staff to review opportunities to more
formally include youth in park planning projects.
(Vittal/Lovato)

Project
(Commissioner
Responsible)
City Council
Priority
Supported
Staff Resources
Required
Desired Outcome

8. Support City park
planning efforts
Supporting Our Youth, Seniors
& Entire Community
PS Director
(Minimal)

1. Evaluate future opportunities for parkland acquisition and development. (van Keulen/Lovato)

2. Research opportunities for the creation of additional dog parks in existing or new park spaces. (Moniz)

3. Review options for the future of the Community Park
Pond. (All)

8. Support the Annual
Open Streets Event
Supporting Our Youth, Seniors
& Entire Community
PS Director
(Minimal)
CS Supervisor
(Moderate)
Support the planning and implementation of the annual
Open Streets Event. (Moniz/Lovato)

9. Explore an “Art in the
Park” Type Event
Supporting Our Youth, Seniors
& Entire Community
PS Director
(Minimal)
CS Supervisor
(Minimal)
Explore the opportunity to develop and implement an
“Art in the Park” event, program or improvement.
(Moniz)

10. Develop Health and
Wellness Fair for the
General Community
Supporting Our Youth, Seniors
& Entire Community
Recreation
Coordinator
(Moderate)
Organize a health and wellness community resource
fair. (Vittal/ Lucido/Lovato)
Staff Resources Required: 0-50 hours = Minimal 51-100 hours = Moderate 100+ hours = Significant

City Council
Meeting Minutes
Mark Turner - Mayor
Rene Spring - Mayor Pro Tem
Gino Borgioli - Council Member
Marilyn Librers - Council Member
Yvonne Martinez Beltran - Council Member
Wednesday, June 21, 2023 5:00 PM
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037

SPECIAL/REGULAR MEETING
A special meeting of the City Council was called at 5:00 pm for the purpose of conducting a closed session.

SPECIAL MEETING
5:00 pm closed session

CALL TO ORDER
Mayor Turner called the City Council meeting to order at 5:00 pm.

ROLL CALL ATTENDANCE
City Clerk Michelle Bigelow called the roll.

PRESENT Rene Spring, Gino Borgioli, Yvonne Martinez Beltran, Mark Turner, Marilyn Librers
ABSENT None

DECLARATION OF POSTING AGENDA
City Clerk Michelle Bigelow declared the posting of the agenda.

June 21, 2023
2 CLOSED SESSION
City Attorney Don Larkin announced the closed session items.

Conference with Labor Negotiators
Authority: Pursuant Government Code Section 54957.6
City Negotiators: Christina Turner, City Manager; Donald Larkin, City Attorney; Michael Horta, Human Resources Director; Dat Nguyen, Finance Director; Edith Ramirez, Assistant City Manager, Development Services
Employee Organization: Morgan Hill Police Officers Association; AFSCME Local 101 Morgan Hill; Community Service Officers Association; Employees Covered under Management Resolution #21-050
Conference with Legal Counsel – Anticipated Litigation
Significant exposure to litigation pursuant to § 54956.9(b): (One case)

OPPORTUNITY FOR PUBLIC COMMENT
Public comment opened at 5:01 pm. There being no requests to speak, public comment closed.

ADJOURN TO CLOSED SESSION
The meeting adjourned to closed session at 5:01 pm.

REGULAR MEETING
The regular meeting convened at 6:00 pm.

SILENT INVOCATION

PLEDGE OF ALLEGIANCE

PROCLAMATIONS
Proclaiming June 19, 2023 as Juneteenth
Proclaiming the month of July as Parks and Recreation Month

PRESENTATIONS
Morgan Hill Library Presentation

June 21, 2023
3 CITY COUNCIL REPORTS
Council Member Librers announced that she attended the Santa Clara Valley Habitat Agency Board meeting for the first time. She also attended the Santa Clara County Cities Association Annual Dinner.

CITY MANAGER'S REPORT
City Manager Christina Turner announced that today, June 21, 2023, is the first day of summer. She mentioned that the City will be hosting summer activities highlighting the value of parks and recreation in July. She announced that the southern portion of the Hale Avenue Extension Project will be opening on July 5, 2023. She stated that the northern portion of the project between Dunne Avenue and Main Avenue will remain closed until Valley Water's Upper Llagas Creek Flood Protection project is completed, which is estimated to be January 2024. She also announced that the Spanish Community Police Academy (CPA) is being advertised on the City's website. The first day of the session is September 11, 2023. She announced that on Thursday morning, June 22, 2023, the Morgan Hill Police Department will be participating in the Law Enforcement Torch Run, escorting the Special Olympics Torch, the "Flame of Hope," as it passes through Morgan Hill on its way to opening ceremonies at Santa Clara University. Lastly, she announced that the community is invited to join the Mayor for coffee this Saturday, June 22, 2023, at the Centennial Recreation Center from 9:00 am to 10:00 am.

CITY ATTORNEY'S REPORT
City Attorney Don Larkin announced that there was no reportable action from the first closed session item and that the second closed session item would be continued until after the meeting.

OTHER REPORTS
Mayor Turner announced that he attended the Santa Clara County Cities Association Annual Dinner. He also attended the VTA meeting as an alternate on behalf of Gilroy's mayor. He also attended the City School Liaison Committee meeting where an update was provided regarding the Restorative Justice Diversion Program to train mentors and provide scholarships.

PUBLIC COMMENT
Public comment opened at 6:22 pm. The following people were called to speak:

Michael Burchfield
Sharon Luna (Zoom)
There being no requests to speak, public comment closed.

June 21, 2023
4 ADOPTION OF AGENDA
MOTION:

Adopting the agenda as posted.

RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Mayor Pro Tem Spring
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Council Member Librers
NAYS: None
ABSTAIN: None
ABSENT: None

CONSENT CALENDAR
Items appearing on the Consent Calendar are considered routine and may be approved by one motion. Pursuant to City Council Policies and Procedures (CP 97-01), any member of the Council or public may request to have an item removed from the Consent Calendar for comment and action.

MOTION:

Approving consent calendar items 3 through 8, 10 through 12, and 14.

RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Mayor Pro Tem Spring
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Council Member Librers
NAYS: None
ABSTAIN: None
ABSENT: None

3. ADOPT A RESOLUTION OF LOCAL SUPPORT AND AUTHORIZE THE FILING OF AN OBAG 3 FUNDING APPLICATION FOR THE MONTEREY

ROAD TRAFFIC, BICYCLE, AND PEDESTRIAN IMPROVEMENTS PROJECT Recommendation:

Adopt a Resolution of Local Support and authorize the filing of an application for funding assigned to the Metropolitan Transportation Commission (MTC) and

June 21, 2023
5 committing any necessary matching funds and stating assurance to complete the project.

4. ADOPT A RESOLUTION APPROVING FISCAL YEAR (FY) 2023-24 LIST OF STREET REHABILITATION PROJECTS FUNDED BY SENATE BILL (SB) 1:

THE ROAD REPAIR AND ACCOUNTABILITY ACT
Recommendation:

Adopt a resolution approving a list of street rehabilitation projects for Fiscal Year 2023-24 funded by SB 1, The Road Repair and Accountability Act of 2017.

5. APPROVE CONSULTANT AGREEMENTS WITH ENGEO, INC. IN THE AMOUNT OF $400,000 AND TWINING, INC. IN THE AMOUNT OF $200,000,

FOR GENERAL COMPACTION TESTING AND SPECIAL INSPECTION
Recommendation:

Approve and authorize the City Manager to execute and administer agreements with contingencies to provide general compaction testing and special inspection for various Capital Improvement Program Projects: Engeo, Inc. in the amount of $400,000 and Twining, Inc. in the amount of $200,000.

6. APPROVE A THREE-YEAR MAINTENANCE SERVICE AGREEMENT WITH

PETERSON POWER SYSTEMS FOR GENERATOR MAINTENANCE AND

REPAIR SERVICES
Recommendation:

Approve and authorize the City Manager to execute and administer a three year agreement with Peterson Power Systems in the not-to-exceed amount of $295,195 for annual and preventive maintenance, repair, emergency repair, and rentals for the City’s 28 standby generators.

7. APPROVE FINAL MAP FOR SAN SEBASTIAN PHASE 4A - TRACT NO. 10600 AND RELATED SUBDIVISION IMPROVEMENTS AGREEMENT
Recommendation:

1. Approve Final Map;

2. Authorize City Manager to execute the Subdivision Improvements Agreement with Toll CA XX, LP; and

3. Authorize the recordation of the Final Map and Subdivision Improvements Agreement.

8. APPROVE FREEWIRE TECHNOLOGIES, INC., AGREEMENT FOR

INSTALLATION AND OPERATION OF ELECTRIC VEHICLE CHARGING

INFRASTRUCTURE
Recommendation:

June 21, 2023
6 Authorize the City Manager to enter into an Own and Operate License Agreement with FreeWire Technologies, Inc.

10. APPROVE THE JUNE 7, 2023 CITY COUNCIL MEETING MINUTES Recommendation:

Approve the June 7, 2023 City Council Meeting Minutes.

11. APPROVE THE PURCHASE OF AN OFF-ROAD ALL-TERRAIN VEHICLE AND EQUIPMENT IN THE AMOUNT OF $175,763 FROM ALLTRACK INC.

Recommendation:

Approve and authorize the City Manager to execute a purchase order to Alltrack Inc. in the amount of $175,763 for the purchase of an off-road all-terrain vehicle and equipment, to provide access to utility infrastructure.

12. AUTHORIZE WRITE-OFF OF CERTAIN UNCOLLECTIBLE RECEIVABLES IN

ACCORDANCE WITH THE CITY'S WRITE-OFF POLICY
Recommendation:

Authorize write-off of certain uncollective receivables in the amount of $161,494 in accordance with the City's write-off policy.

14. RECEIVE MONTHLY BUDGET UPDATE AND MAY 2023 FINANCIAL AND

INVESTMENT REPORTS
Recommendation:

Accept and file report.

ITEMS PULLED FOR DISCUSSION

1. ADOPT A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO

EXECUTE AN IMPACT FEE FREEZE AGREEMENT, AND A

SEWER/TRAFFIC IMPACT FEE FINANCING AGREEMENT WITH CUTINA MORGAN HILL LLC FOR A HOTEL DEVELOPMENT ON A 2.21 ACRE
PARCEL IDENTIFIED BY ASSESSOR PARCEL NUMBER (APN) 726-58-006 Recommendation:

Adopt a resolution to authorize the City Manager to execute an Impact Fee Freeze Agreement and a Sewer/Traffic Impact Fee Financing Agreement with Cutina Morgan Hill LLC for a 114-room hotel development on a 2.21 acre parcel identified by assessor parcel number (APN) 726-58-006.

Economic Development Director Matt Mahood provided a report. The applicant, Cosmo Fagundo, answered questions.

Public comment opened at 6:43 pm. There being no request to speak, public

June 21, 2023
7 comment closed.

MOTION:

Approving the recommended action
RESULT: Passed
MOVER: Council Member Martinez Beltran
SECONDER: Mayor Pro Tem Spring
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Council Member Librers
NAYS: None
ABSTAIN: None
ABSENT: None

2. APPROVE AN IMPACT FEE FREEZE AGREEMENT WITH MERSHO

INVESTMENTS, LLC AND CLAYTON PLAZA, LLC FOR INDUSTRIAL
DEVELOPMENTS ON 6 PARCELS TOTALING 20.14 ACRES IDENTIFIED BY ASSESSOR PARCEL NUMBERS 726-31-038, APN 726-31-025, APN 726-33- 026, APN 726-33-025, APN 726-25-026 , AND APN 726-32-025 Recommendation:

1. Approve an Impact Fee Freeze Agreement with Mersho Investments, LLC and Clayton Plaza, LLC for the development of six (6) separate industrial/commercial facilities located throughout Morgan Hill Ranch and Madrone Business Park; and

2. Authorize the City Manager to execute the Impact Fee Freeze Agreement.

Economic Development Director Matt Mahood provided a report to Council and a representative for Mersho Investements, Christopher Conway, answered questions.

Public comment opened at 7:12 pm.

Joe Baranowski was called to speak.

There being no additional requests to speak, public comment closed.

MOTION:

Approving the recommended action with corrected acreage of 22.54 acres.

RESULT: Passed
MOVER: Mayor Pro Tem Spring
SECONDER: Council Member Librers
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Council Member

June 21, 2023
8 Martinez Beltran, Mayor Turner, Council Member Librers NAYS: None
ABSTAIN: None
ABSENT: None

9. APPROVE LIBRARY, CULTURE AND ARTS COMMISSION WORK PLAN Recommendation:

Approve the proposed Library, Culture and Arts Commission FY 2023-24 Work Plan.

Public Services Director Chris Ghione and LCAC Chair Mandy Santiago provided a report and answered questions.

Public comment opened at 7:36 pm. The following people were called to speak:

Suman Ganapathy
Kathy Chavez Napoli
Dave
Jennifer Blalack (Zoom)
Robyn Carrillo (Zoom)
There being no additional requests to speak, public comment closed.

SUBSTITUTE MOTION:

Approving the recommended action.

RESULT: Failed
MOVER: Council Member Martinez Beltran
SECONDER: Mayor Pro Tem Spring
AYES: Council Member Martinez Beltran, Mayor Pro Tem Spring NAYS: Mayor Turner, Council Member Librers, Council Member Borgioli ABSTAIN: None
ABSENT: None
MOTION:

Approving the LCAC work plan with the removal of the land acknowledgment statement.

RESULT: Passed
MOVER: Mayor Turner

June 21, 2023
9 SECONDER: Council Member Borgioli
AYES: Council Member Borgioli, Mayor Turner, Council Member Librers NAYS: Mayor Pro Tem Spring, Council Member Martinez Beltran ABSTAIN: None
ABSENT: None
The meeting recessed at 7:56 p.m. and reconvened at 8:04 p.m.

13. RATIFY CITY POSITIONS ON PENDING LEGISLATION
Recommendation:

Ratify the City’s position opposing pending legislation, Senate Bill 623 (Laird) Workers' compensation: post-traumatic stress disorder.

City Manager Christina Turner provided a report.

Public comment opened at 8:14 pm. There being no requests to speak, public comment closed.

SUBSTITUTE MOTION:

Rescind the City's position for pending legislation for Senate Bill 623 (Laird).

RESULT: Failed
MOVER: Council Member Martinez Beltran
SECONDER: Mayor Pro Tem Spring
AYES: Mayor Pro Tem Spring, Council Member Beltran
NAYS: Mayor Turner, Council Member Borgioli, Council Member Librers ABSTAIN: None
ABSENT: None
MOTION:

Approving the City's position opposing Senate Bill 623 (Laird).

RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Council Member Librers
AYES: Council Member Borgioli, Mayor Turner, Council Member Librers NAYS: Mayor Pro Tem Spring, Council Member Martinez Beltran ABSTAIN: None

June 21, 2023
10 ABSENT: None

PUBLIC HEARINGS

15. 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:

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.

Principal Planner Adam Paszkowski and Community Development Director Jennifer Carman provided a presentation and report. Public Services Director Chris Ghione answered questions.

Mayor Turner and Council Members Borgioli, Librers, and Martinez Beltran announced their ex-parte contacts.

The public hearing opened at 9:10 pm. The following people were called to speak Dick Oliver (Zoom) and Joshua Vrotsos (Applicant)
Joe Baranowski
There being no additional requests to speak, the public hearing closed.

MOTION:

Extending the meeting to 10:30 p.m.

RESULT: Passed
MOVER: Council Member Martinez Beltran
SECONDER: Mayor Pro Tem Spring
AYES: Mayor Pro Tem Spring, Council Member Martinez Beltran, Mayor Turner, Council Members Librers
NAYS: Council Member Borgioli
ABSTAIN: None

June 21, 2023
11 ABSENT: None
MOTION:

Approving the recommended actions.

RESULT: Passed
MOVER: Council Member Martinez Beltran
SECONDER: Council Member Borgioli
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Council Member Librers
NAYS: None
ABSTAIN: None
ABSENT: None

16. 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:

1. Open/close public hearing;

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

3. Introduce Ordinance Amendment
Economic Development Director Matt Mahood and Principal Planner Adam Paszowski provided a presentation and report.

The public hearing opened at 10:18 pm. The following people were called to speak:

David Wendt
Nick Gaich
Ryan Warren
Joe Baranowski
Miguel Jimenez
Asit Panwala (Zoom)
There being no additional requests to speak, public comment closed.

June 21, 2023
12 MOTION:

Extending the meeting to 11:30 pm.

RESULT: Passed
MOVER: Council Member Martinez Beltran
SECONDER: Mayor Pro Tem Spring
AYES: Mayor Pro Tem Spring, Council Member Martinez Beltran, Mayor Turner, Council Member Librers
NAYS: Council Member Borgioli
ABSTAIN: None
ABSENT: None
SUBSTITUTE MOTION:

Waiving the first and second readings of the Ordinance Amendment and directing staff to develop design guidelines for auto-related uses.

RESULT: Passed
MOVER: Mayor Turner
SECONDER: Council Member Librers
AYES: Mayor Turner, Council Member Borgioli, Council Member Librers NAYS: Mayor Pro Tem Spring, Council Member Martinez Beltran ABSTAIN: None
ABSENT: None
MOTION:

Introducing the Ordinance.

RESULT: Passed
MOVER: Mayor Turner
SECONDER: Council Member Librers
AYES: Council Member Borgioli, Mayor Turner, Council Member Librers NAYS: Mayor Pro Tem Spring, Council Member Martinez Beltran ABSTAIN: None
ABSENT: None

June 21, 2023
13 FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Martinez Beltran requested the Morgan Hill Agricultural Policy be brought as a future item to discuss conserving agricultural land in Morgan Hill.

ADJOURNMENT
The meeting adjourned to closed session at 11:01 pm. Mayor Turner adjourned the meeting at 11:20 pm.

Minutes Prepared by:

Ivan Carmona-Torres, Deputy City Clerk

12 CITY COUNCIL STAFF REPORT
MEETING DATE: August 23, 2023
PREPARED BY:

Chris Ghione, Public Services Director
APPROVED BY: City Manager

APPROVE UTILITY BOX ART FOR DEPOT STREET AND EAST DUNNE AVENUE

RECOMMENDATION(S)
Approve Utility Box Art for Utility Box Located at Depot Street and East Dunne Avenue.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
Preserving our Community History
Enhancing Diversity and Inclusiveness
Guiding Documents
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

Ten City owned traffic signal utility boxes were painted by artists through a project by Leadership Morgan Hill in 2018. Following the initial program by Leadership Morgan Hill, the Library, Culture and Arts Commission developed a program to pair sponsors with local artists to continue painting additional utility boxes within the City.

The sub-committee of the Commission has identified another artist/sponsor to paint another utility box. Artist Amanda Santiago has proposed painting an additional traffic signal utility box. The artist has taken the initiative to propose this artwork and also proposed the associated inspirational phrase “Celebrating our Shared History.” The artwork is sponsored by Colibri Gallery/Colibri Art and Framing.

Per the City’s Public Art Policy, the Library, Culture and Arts Commission must make a recommendation to the City Council for the approval of public art. The art proposal is included as Attachment 1 for review by the Council. The artwork could be installed at one of several locations, but the consensus from the Commission was the intersection of East Dunne Avenue and Depot Street, adjacent to the Community and Cultural Center.

COMMUNITY ENGAGEMENT:

Empower

12 The program has been primarily managed by the volunteers on the Commission and the project was brought forward by a local artist who identified a sponsor for the work.

ALTERNATIVE ACTIONS:

The City Council could choose not to approve the project, provide for direction on changes to the artwork, or provide other alternate direction to staff and the Commission.

Addititionally, the Council could approve an alternative location for the site. The potential alternative location discussed with the artist and sponsor was the utility boxes at the intersection of Tennant Avenue and Butterfield Boulevard.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The Library, Culture and Arts Commission has recommended approval of the artwork.

Artist Amanda Santiago is a member of the Commission, but recused herself and did not participate in the meeting during the Commission's review of the artwork. The City Council previously approved artwork for the initial Utility Box Art Program on July 25, 2018. Since that time numerous individual sites and artwork have been approved as part of the program. Most recently, the Council approved artwork on the utility box art at Murphy Avenue and East Dunne Avenue on December 15, 2021.

FISCAL AND RESOURCE IMPACT:

The project will be funded by a sponsorship provided by the Colibri Gallery/Colibri Art and Framing. This will include payment to the artist and funding of the anti-graffiti coating over the artwork. The implementation of a utility box art program is in the approved Library, Culture and Arts Commission Work Plan, with planned limited support from Public Services Department staff.

CEQA (California Environmental Quality Act):

Categorical Exemption
The planned maintenance and management of city facilities falls within the CEQA categorical exemption of Class 1, Existing Facilities.

Email
Artist Name 1 response
Amanda Santiago
Artist Address including City, State & Zip Code1 response Morgan Hill
Artist Email Address1 response
Phone Number1 response
Website, if available1 response
https://instagram.com/enigmaartworx
Social media, if available1 response
https://instagram.com/enigmaartworx
Requested location of utility box (1st, 2nd & 3rd choices)1 response Tennant/ Butterfield, Tenant at Safeway
Name & contact info of sponsor, if applicable.1 response Colibri Gallery/ Colibri Art and Framing
Artist Biography (up to 150 words)1 response

Amanda is an artist, Framer, Designer and General Manager at Colibri Art and Framing as well as a lifetime student and teacher of the visual and performing arts. Her favorite mediums include acrylic, oil, 12 string acoustic guitar, piano and traditional beadwork. She has a strong background in mathematics that brings a graceful simplicity to complex designs and projects; having studied engineering management in the Ira A.

Fulton School of Engineering at Arizona State University and visual and performing arts at Gavilan College.

She has participated in local mural and painting projects creating twenty pavers for the Morgan Hill Community Garden, working with the Leadership Morgan Hill program and has participated as a showing artist with Morgan Hill Open Studios.

With years of multi media experience, Amanda is able to draw from a well developed knowledge base of art techniques, both traditional and modern.

Amanda is passionate about bringing the fine arts to Morgan Hill and making history and art available and accessible to all of our residents and neighbors. She participates in local commissions promoting art, culture and literacy and can often be found working with local artists to encourage, promote and recognize their talent.

Short Inspirational/thought-provoking/positive message for the original artwork:1 response Celebrating our shared History
Description of artwork interpreting the message:1 response One side of the box will feature the father daughter bond between Hiram Morgan Hill and his daughter Diana Hill, in front of Villa Miramonte laughing and playing in their front yard with roses and hummingbirds surrounding them. The other side will feature an Amah Mutsun father and daughter in traditional garb in front of their home, also sharing a fun moment. Little details such as a petroglyph and acorns will complete the layout I would like this to show that we are united in our love for our families and wanting to see our children and homes safe, healthy, and thriving. Art to follow via Suman/ and email Monday. Design is complete, layout is still in process. Color schemes will reflect a natural and historic palate, Villa Miramonte will be painted in colors reflecting the building as it is today, the Amah Mutsun family will be depicted in natural colors as seen in the landscape at Chitactac Park. Patterns in the painted "frame" that will encompass the artwork will be traditional Ohlone baskets on the Amah Mutsun side, and the stained glass windows of Villa Miramonte on the Hills side. The short sides of the box will have a continuation of the hummingbirds and roses on one side and acorns and crows on the other. Listed email is for this project only as that my account is yahoo and I cannot get it to access this form. Thanks so much! Mandi The following documents should be included and attached in PDF or document format:

1. Box template with artwork design (Required). Link to template: https://drive.google.com/file/d/1v4VUFmpEfc4Q64gFm6L4HiUzY9wPrrMe/view?usp=drive_li nk(Download and fill.)

The following documents should be included and attached in PDF, JPEG or PNG format, maximum 1MB:

2. PDF of images of prior finished artwork by artist (Required) (Pasted at the end)
20230728_174204 - John Zaucha.jpg
20230417_200103 - John Zaucha.jpg
20221104_160445 - John Zaucha.jpg
MandiSantiago_5 - John Zaucha.jpg

AGREEMENT TO TERMS OF ARTIST AGREEMENTS:

I understand that if selected, that prior to commencing work on the Utility Box Art Program I will be required to sign and execute the City of Morgan Hill Artists Agreement.

I further understand that during the selection and review process, the materials I have submitted will be made public through the review process.

Please sign (type your name) and add the date below:

Amanda Santiago 7/30/2023
Thank you for your interest in participating in the Morgan Hill Library, Culture, and Arts Committee's 'Art & Inspiration' Utility Box Art (Phase 2) Project. We will get back to you promptly. If you have additional questions, please contact us at [email protected].

13 CITY COUNCIL STAFF REPORT
MEETING DATE: August 23, 2023
PREPARED BY:

Adam Paszkowski, Principal Planner
APPROVED BY: City Manager
INTRODUCE ORDINANCE ESTABLISHING CHAPTER 18.29
(MONTEREY CORRIDOR FORM-BASED CODE) OF TITLE 18 (ZONING)

OF THE MUNICIPAL CODE OF THE CITY OF MORGAN HILL AND

ESTABLISHING THE MONTEREY CORRIDOR FORM-BASED CODE

REGULATING PLAN IMPLEMENTING A FORM-BASED CODE ALONG
THE MONTEREY ROAD CORRIDOR CREATING A VIBRANT MIXEDUSE CORRIDOR THAT ENCOURAGES WALKING AND BIKING AS ENVISIONED WITHIN THE CITY OF MORGAN HILL 2035 GENERAL
PLAN

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
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
Preserving our Community History
Enhancing Diversity and Inclusiveness
2022-2023 Strategic Priorities
Fiscal Sustainability
Affordable Housing and Homelessness
Economic Development
Guiding Documents
Economic Blueprint
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

An ordinance is being proposed that would establish Chapter 18.29 (Monterey Corridor Form-Based Code) of Title 18 (Zoning Code) to create a vibrant mixed-use corridor that

13 encourages walking and biking north and south of Downtown, from approximately Main Avenue north to Burnett Avenue and from approximately Dunne Avenue south to Rome Avenue.

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.

BACKGROUND:

The City of Morgan Hill is guided by several key policy and regulatory documents to manage future growth. Adopted by the City Council in July 2016, the Morgan Hill 2035 General Plan establishes a vision for a prosperous, vibrant city, supported by a framework of goals, policies, and actions that guide the City’s decisions for the next two decades. The Morgan Hill Downtown Specific Plan, adopted in November 2009, complements the General Plan, ensuring that residential and commercial development standards support the community’s vision for a vibrant and accessible Downtown village. The General Plan vision for the Monterey Corridor is as follows:
“North and south of Downtown will transform from its current predominantly strip commercial character to a vibrant mixed-use corridor that encourages walking and biking. Buildings will front onto the street and a range of commercial and office uses will be located within close proximity to attached residential units. Density will decrease with distance from Downtown.”
In January 2017, the City of Morgan Hill contracted with Lisa Wise Consulting, Inc. (LWC) for the preparation of a market and land use capacity study for the Monterey Road corridor. The Market Analysis Report (Report) provided a summary of demographic and socio-economic conditions in the City of Morgan Hill as they relate to economic performance, as well as a high-level analysis of the commercial market, and a

13 land use capacity assessment for the corridor. The Report was used to inform the development of implementation plan options for the Monterey Corridor. The Report indicated, among other key findings, that the Monterey Corridor has a theoretical market demand of 215,000 square feet of commercial (retail and office) with development capacity for between 150 and 890 residential units (the residential capacity did not take into account recent State laws that may yield significantly more housing units along the corridor).

The Report summarized five options:

1.1 Comprehensive Form-Based Code;

1.2 Scaled-Down Form-Based Code;

2. Conventional Code with Updates to Standards;

3. Specific Plan for the Study Area;

4. Guidelines for “Block-Level Master Plans”; and,

5. Streetscape Improvement Plan and a Façade Incentive Program.

As indicated by LWC, the two form-based code options (1.1 Comprehensive FormBased Code and 1.2 Scaled-Down Form-Based Code) would, in their experience, be most effective in helping to realize the General Plan’s vision for the Monterey Corridor.

On April 4, 2018, the City Council discussed the Monterey Corridor Study Report, Implementation Memo, and the Planning Commission’s recommendations. Several implementation measures were discussed including the preparation of a Specific Plan.

However, due to the cost to update the Specific Plan (approximately $1,000,000 at the time), funding was not provided via the General Fund; and, therefore, staff was instead directed to proceed with the preparation of a Block-Level Master Plan (BLMP) for the Monterey Road corridor and to seek other funding and grants in pursuit of a Specific Plan update at a later undertermined date. BLMPs for Monterey Corridor Block One and Monterey Corridor Block Four were approved by the City Council on February 6, 2019.

As part of the Plan Bay Area 2050, on December 18, 2019, the City Council adopted a resolution to expand the City of Morgan Hill’s existing Priority Development Area (PDA) beyond Downtown, along the Monterey Corridor north and south of Downtown. The purpose of designating a Priority Development Area is to focus both on housing and job growth within a quarter mile of transit, expressing a local government's priorities for growth in jobs and housing and inform regional agencies that jurisdictions want and need assistance, specifically to complete planning actions that will provide for and foster quality design adjacent to transportation. A Priority Development Area provides the opportunity for the City to pursue planning grant funds through Bay Area Metro should they become available. On February 14, 2020, ABAG approved the City's PDA expansion.

Long Range Planning Staff secured grant funding through the 2019 Planning Grants Program from the State of California, Department of Housing and Community Development in the amount of $160,000 for the preparation and development of a formbased code for the Monterey Road Corridor. The BLMPs thereby served as the

13 foundation for the Monterey Corridor Form-Based Code; and the form-based code will be the basis for a future Specific Plan. On March 4, 2020, the City Council approved a Consultant Agreement with LWC to prepare the Monterey Corridor Form-Based Code.

The Monterey Corridor Form-Based Code will serve as the backbone, and reduce the cost, for a future Monterey Corridor Specific Plan that includes a Downtown Specific Plan update.

WHAT IS A FORM-BASED CODE:

A Form-Based Code (FBC) is a tool used to shape the urban environment through a set of objective standards. This approach is an alternative to the conventional zoning code, using a place-based planning approach that promotes a walkable urban environment over sprawl.

A FBC can address the relationship between the building facade and public realm, form, and mass of buildings in relation to one another, and the scale and types of streets and blocks. Regulations and standards in a FBC are usually presented in tables and graphics alongside supplemental text. The standards vary in intensity based on each form-based zone. The form-based zones are mapped on a Regulating Plan, a document similar to a zoning map.

FBC’s are now being utilized by cities, towns, and counties across the country as communities like Morgan Hill desire vibrant, mixed-use areas where residents can live, work, and play within close walking distance. For the Monterey Corridor, a FBC can establish objective development standards that implement the community vision described in the General Plan, emphasizing pedestrian-oriented building form and efficient housing development with an appropriate mix of uses.

Although a FBC is a type of Zoning Code, FBCs differ from conventional zoning codes in terms of the process by which they are prepared, the substance of the standards they contain, how those standards are presented, the mechanism by which they are implemented, and the built form they produce. In summary, a FBC is a transformative regulatory tool used to implement a community’s vision for how it should look and feel, holistically shaping the urban environment through a set of objective standards.

PROJECT ANALYSIS AND FINDINGS:

LWC has prepared the attached draft FBC which is proposed to be included as Chapter

18.29 (Monterey Corridor Form-Based Code) of Title 18 (Zoning Code). If the draft FBC is approved, parcels located within the FBC boundary will have their zoning amended to one of the three Form-Based Zoning Districts as described below. The draft FBC establishes development standards that are objective and implement the community vision, emphasizing pedestrian-oriented building form and streamlined housing development with an appropriate mix of uses. The draft FBC is designed with a userfriendly organizational structure, where City staff and community members can easily navigate and recognize the standards and requirements that apply to the applicable development site.

13 The draft FBC is organized consistent with other Chapters of the Zoning Ordinance; however, it lists standards that are only applicable to the Form-Based Zoning Districts.

The draft FBC is organized pursuant to the following subject matter:

1. Introduction. This Section introduces the FBC, describes its components, and provides an illustrative explanation of how to use and apply the FBC to a typical development review application.

2. Purpose and Applicability of the Form-Based Code. This Section provides the general purpose and intent of the form-based zoning districts and standards, as well as the applicability of the FBC.

3. Form-Based Zoning Districts. This Section establishes the applicability of the form-based zoning districts, an overview of the zoning districts, and the specific purpose statements and development standards associated with each zoning district.

4. Building Type Standards. This Section establishes the purpose and intent of the building type standards, the applicability of the standards, a description of each building type, and objective standards associated with each type.

5. Frontage Type Standards. This Section establishes the purpose and intent of the frontage type standards, the applicability of the standards, a description of each frontage type, and objective standards associated with each type.

6. Civic Space Standards. This Section establishes the purpose and intent of the civic space standards, the applicability of the standards, a description of each civic space type, and objective standards associated with each type.

7. Land Use Standards. This Section establishes the land uses permitted in each form-based zoning district and any applicable specific use standards.

8. Standards Supplemental to Form-Based Zoning Districts. This Section provides any additional standards or requirements necessary to implement walkable areas, including alternatives for parking requirements, design and dimensional standards for signs, and landscaping provisions.

9. Permits and Administration for Form-Based Zoning Districts. This Section establishes any additional or unique provisions necessary to administer the FBC.

10. Definitions for Form-Based Zoning Districts. This Section provides any additional or unique definitions necessary to understand the standards and requirements of the FBC.

The draft FBC proposes the following three Form-Based Zoning Districts within the FBC:
• Neighborhood Form-Based (FB-N). A variety of housing opportunities that are accessible to a range of income levels in a walkable environment with neighborhood-serving retail and services.
• Corridor Form-Based (FB-C). Variable intensities of infill and redevelopment with a mix of walkable uses, such as retail, service, and commercial, that are sensitive to the scale and character of the area.
• Urban General Form-Based (FB-UG). Mixed-use commercial and residential hubs with a variety of uses and clustered job opportunity centers. Accessible

13 corridors and streets with internal block patterns and an improved pedestrian experience transitioning from an auto-centric environment to a walkable environment.

These three Form-Based Zoning Districts are keyed to a plan, referred to as a Regulating Plan (see attachment), that functions like a zoning map, assigning an appropriate form-based zone to specific lots. The proposed Regulating Plan boundary, in which the FBC would apply to, generally includes parcels adjacent to Monterey Road within the City limit, excluding the Downtown Specific Plan Area and parcels south of Watsonville Road. The boundary extends north and south of Downtown from approximately Main Avenue north to Burnett Avenue and from approximately Dunne Avenue south to Rome Avenue.

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

1. General Plan Consistency
The proposed text amendments are consistent with the General Plan in that it implements the Morgan Hill 2035 General Plan.

2. Zoning Ordinance Consistency
The purpose of the Monterey Corridor Form-Based Code is to implement the General Plan and to protect the 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 in that it implements the vision in the Morgan Hill 2035 General Plan to transform the Monterey Road Corridor north and south of Downtown (from approximately Main Avenue north to Burnett Avenue and from approximately Dunne Avenue south to Rome Avenue) from its current predominantly strip commercial character to a vibrant mixed-use corridor that encourages walking and biking with buildings fronting onto the street and a range of commercial and office uses located in close proximity to new and existing residential development.
b. The proposed amendments will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Consistent
The proposed Form-Based Code consists of implementing the City of Morgan Hill 2035 General Plan and will implement the vision to transform the Monterey Road Corridor north and south of Downtown as a vibrant mixed-use corridor that encourages walking and biking, and, therefore, will not be detrimental to the City. c. The proposed amendment is internally consistent with other applicable provisions

13 of the zoning code.

Consistent
The proposed Form-Based Code will implement the City of Morgan Hill 2035 General Plan and refers to and cross-references other Chapters within the Municipal Code, and, therefore, is internally consistent with the overall zoning code. d. The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the permitted land uses and development will comply with the zoning code and general plan and contribute to the health, safety, and welfare of the property, surrounding properties, and the community at large.

Consistent
The proposed Form-Based Code will implement the City of Morgan Hill 2035 General Plan vision for the Monterey Corridor through standards for neighborhood design, building form, and land use, and does not amend or affect the existing residential density on the subject properties.

PLANNING COMMISSION ACTION:

The Planning Commission reviewed the proposed amendments on July 25, 2023.

Following discussion, the Planning Commission approved Resolution No. 23-06 recommending the City Council approve the proposed Monterey Corridor Form-Based Code with the following changes: remove the word “typically” throughout the draft ordinance; allow “Porch, Engaged” and “Porch, Projecting” as permitted frontage types within the Corridor Form-Based (FB-C) Zoning District; and add minimum and maximum height requirements to the first floor within the Urban General Form-Based (FB-UG) Zoning District. These changes are reflected in the attached Monterey Corridor FormBased Code.

COMMUNITY ENGAGEMENT:

Inform/Engage
The Planning Commission held the first workshop regarding the FBC on September 8, 2020, in which LWC provided a presentation on ‘What is a Form-Based Code’, as well as the proposed boundary for the FBC. The Commission also reviewed, discussed, and provided feedback on the FBC Impediments and Recommendations Memo. The memo provided an overview of state legislation and form-based codes, highlighted policy direction related to form-based codes, assessed relevant standards in the existing Zoning Code, evaluated impediments to achieving the vision and objectives of the General Plan, and presented recommendations for the most effective form-based code approach.

A second Planning Commission workshop was held on April 13, 2021, in which LWC presented the Public Review Draft FBC, discussed FBC principles, and gathered input.

The workshop was intended as an opportunity for the community and Planning Commission to learn more about the project and review and comment on the Public Review Draft FBC. The workshop concluded with four key takeways which required revisions to the FBC, including: 1. Verifying parking requirements and parking diagrams are clear; 2. Confirm base flood elevation considerations; 3. Consider a stepback

13 requirement for a building’s upper floors; and 4. Consider an increased number of building types and/or revisions to how building types are allowed in each zoning district.

Please refer to the May 18, 2022 memo from LWC regarding responses to these takeaways attached to the July 25, 2023 Planning Commission agenda.

A hybrid community meeting regarding the Monterey Corridor Form-Based Code was held on July 19, 2023 to update residents, property owners, and developers of the most recent version of the draft Form-Based Code.

In addition, City Staff presented the Monterey Corridor Form-Based Code at the Chamber of Commerce Economic Development Committee meeting on August 10, 2023.

A 10-day public hearing notice was published in the Friday, June 30, 2023, edition of the Morgan Hill Times pursuant to Government Code Sections 65090-65096. Notices were also provided in the City's 411 and the City's website:
https://www.morganhill.ca.gov/2060/Monterey-Corridor---Form-Base-Code. On July 25, 2023, the Planning Commission held a public hearing regarding the proposed ordinance in which a 10-day public hearing notice was published in the Friday, June 30, 2023 edition of the Morgan Hill Times.

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 March 4, 2020, the City Council approved a Consultant Agreement with LWC to prepare the Monterey Corridor Form-Based Code (FBC).

On July 25, 2023, the Planning Commission considered and recommended the City Council approve the Monterey Corridor Form-Based Code, on a vote of 6-0 with one member absent.

FISCAL AND RESOURCE IMPACT:

This item is included in the current adopted budget (FY22-23 and FY23-24) and is part of the Long Range Planning workplan and is funded through the Long Range Planning Fund (207). In addition, Long Range Planning secured grant funding through the 2019 Planning Grants Program from the State of California, Department of Housing and Community Development in the amount of $160,000 for the preparation and development of a form-based code for the Monterey Road Corridor.

CEQA (California Environmental Quality Act):

Exempt
This Form-Based Code is exempt from environmental review pursuant to Section

13 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. The proposed project is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed project will not result in any direct impact upon the physical environment. Any development that occurs in the future subject to such standards will undergo an independent analysis per the requirements of CEQA.

The Environmental Impact Report (EIR) for the Morgan Hill 2035 General Plan, which envisioned the transformation of the Monterey Corridor north and south of Downtown into a vibrant mixed-use corridor, was prepared in accordance with CEQA and certified by the Morgan Hill City Council on July 27, 2016 (SCH#2015022074).

ORDINANCE NO. , NEW SERIES

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MORGAN HILL ESTABLISHING CHAPTER 18.29
(MONTEREY CORRIDOR FORM-BASED CODE) WITHIN
TITLE 18 (ZONING) OF THE MUNICIPAL CODE OF THE

CITY OF MORGAN HILL AND ESTABLISHING THE

MONTEREY CORRIDOR FORM-BASED CODE

REGULATING PLAN IMPLEMENTING A FORM-BASED

CODE ALONG THE MONTEREY ROAD CORRIDOR

CREATING A VIBRANT MIXED-USE CORRIDOR THAT

ENCOURAGES WALKING AND BIKING AS ENVISIONED
WITHIN THE CITY OF MORGAN HILL 2035 GENERAL
PLAN

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

Section 1. The City Council incorporates by reference the findings contained in Planning Commission Resolution No. 23-06 which support approving the Zoning Text Amendments and Zoning Map to the Morgan Hill Municipal Code.

Section 2. The City of Morgan Hill Zoning Map is hereby amended to rezone properties located within the Monterey Corridor Form-Based Code plan area, referred to as the “Monterey Corridor Form-Based Code Regulating Plan”, as provided herein and as indicated in Exhibit “A”. The plan area generally encompasses the Monterey Road corridor north and south of Downtown, from approximately Main Avenue north to Burnett Avenue and from approximately Dunne Avenue south to Rome Avenue. This initiative involves updating the former zoning designations to new zoning districts of Neighborhood Form-Based (FB-N), Corridor Form-Based (FB-C), and Urban General Form-Based (FB-UG).

Section 3. Title 18 (Zoning) of the Morgan Hill Municipal Code, which establishes development standards and regulations for all zoning districts within City boundaries, is hereby amended to establish Chapter 18.29 (Monterey Corridor Form-Based Code) as shown within attached Exhibit “B”, introduced herewith and as specifically shown in this Ordinance.

Section 4. 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 5. 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 23rd DAY OF AUGUST, 2023, 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: e
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.

XXXX, 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

1 00.250.50.751Miles
Neighborhood Form-Based (FB-N) Zoning District
Corridor Form-Based (FB-C) Zoning District
Urban General Form-Based (FB-UG) Zoning District
Monterey Corridor Form-Based Code Regulating Plan
Public Review Draft
Form-Based Code Boundary
Legend

Monterey Corridor
Form-Based Code
City of Morgan Hill
City Council | August 2023
Prepared by: Lisa Wise Consulting, LWC

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2 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-i Contents

18.29.010 Introduction 29-1

18.29.010.A Purpose of the Form-Based Code 29-1

18.29.010.B Organization of the Form-Based Code 29-2

18.29.010.C How to Use the Form-Based Code 29-3

18.29.020 Purpose and Applicability of the Form-Based Code 29-5

18.29.020.A Title 29-5

18.29.020.B Purpose 29-5

18.29.020.C Applicability 29-5

18.29.030 Form-Based Zoning Districts 29-7

18.29.030.A Purpose and Intent 29-7

18.29.030.B Overview of Form-Based Zoning Districts 29-7

18.29.030.C Neighborhood Form-Based (FB-N) Zoning District 29-8

18.29.030.D Corridor Form-Based (FB-C) Zoning District 29-10

18.29.030.E Urban General Form-Based (FB-UG) Zoning District 29-12

18.29.040 Building Type Standards 29-15

18.29.040.A Purpose and Intent 29-15

18.29.040.B Applicability 29-15

18.29.040.C House 29-16

18.29.040.D Accessory Dwelling Unit 29-17

18.29.040.E Duplex/Duet 29-18

18.29.040.F Multiplex Small 29-19

18.29.040.G Multiplex Large 29-20

18.29.040.H Bungalow Court 29-21

18.29.040.I Townhouse 29-22

18.29.040.J Courtyard Building 29-23

18.29.040.K Main Street Building 29-24

18.29.040.L Liner Building 29-25

29-ii | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.050 Frontage Type Standards 29-27

18.29.050.A Purpose and Intent 29-27

18.29.050.B Applicability 29-27

18.29.050.C Forecourt 29-28

18.29.050.D Front Yard 29-29

18.29.050.E Porch, Engaged 29-30

18.29.050.F Porch, Projecting 29-31

18.29.050.G Shopfront 29-32

18.29.050.H Stoop 29-33

18.29.050.I Terrace 29-34

18.29.060 Civic Space Standards 29-35

18.29.060.A Purpose and Intent 29-35

18.29.060.B Applicability 29-35

18.29.060.C Passage 29-36

18.29.060.D Pocket Park/Plaza 29-37

18.29.060.E Plaza 29-38

18.29.070 Land Use Standards 29-39

18.29.070.A Purpose and Applicability 29-39

18.29.070.B Permitted Land Uses 29-39

18.29.070.C Specific Use Standards 29-42

18.29.080 Standards Supplemental to Form-Based Zoning Districts 29-43

18.29.080.A Purpose and Applicability 29-43

18.29.080.B Landscaping Standards 29-43

18.29.080.C Outdoor Lighting Standards 29-43

18.29.080.C Outdoor Lighting Standards 29-44

18.29.080.D Open Space Standards 29-44

18.29.080.E Parking and Loading Standards 29-44

18.29.080.F Sign Standards 29-45

18.29.090 Permits and Administration for Form-Based Zoning Districts 29-55

18.29.090.A Administrative Responsibility 29-55

18.29.090.B Common Permit Requirements 29-55

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-iii

18.29.090.C Specific Permit Requirements 29-55

18.29.090.D Sign Permit Requirements 29-55

18.29.090.E Appeals 29-55

18.29.090.F Zoning Code Amendments 29-55

18.29.090.G Development Agreements 29-55

18.29.090.H Reasonable Accommodations 29-55

18.29.090.I Enforcement 29-55

18.29.100 Definitions for Form-Based Zoning Districts 29-57

18.29.100.A “A” Terms 29-57

18.29.100.B “B” Terms 29-58

18.29.100.C “C” Terms 29-59

18.29.100.D “D” Terms 29-60

18.29.100.E “E” Terms 29-60

18.29.100.F “F” Terms 29-60

18.29.100.G “G” Terms 29-60

18.29.100.H “H” Terms 29-60

18.29.100.I “I” Terms 29-61

18.29.100.J “J” Terms 29-61

18.29.100.K “K” Terms 29-61

18.29.100.L “L” Terms 29-61

18.29.100.M “M” Terms. 29-61

18.29.100.N “N” Terms. 29-62

18.29.100.O “O” Terms. 29-62

18.29.100.P “P” Terms. 29-62

18.29.100.Q “Q” Terms. 29-62

18.29.100.R “R” Terms. 29-63

18.29.100.S “S” Terms. 29-63

18.29.100.T “T” Terms. 29-64

18.29.100.U “U” Terms. 29-64

18.29.100.V “V” Terms. 29-64

18.29.100.W “W” Terms. 29-64

18.29.100.X “X” Terms. 29-64

18.29.100.Y “Y” Terms. 29-64

18.29.100.Z “Z” Terms. 29-64

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29-iv | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-1

18.29.010 Introduction
Subsections:

18.29.010.A Purpose of the Form-Based Code

18.29.010.B Organization of the Form-Based Code

18.29.010.C How to Use the Form-Based Code

18.29.010.A Purpose of the Form-Based Code
The Form-Based Code (FBC) represents a paradigm shift in the way that the built environment is regulated. The formal short definition of a Form-Based Code is as follows:
“A form-based code is a land development regulation that fosters predictable built results and a highquality public realm by using physical form (rather than separation of uses) as the organizing principle for the code. A form-based code is a regulation, not a mere guideline, adopted into city, town, or county law.

A form-based code offers a powerful alternative to conventional zoning regulation.” – Form-Based Codes Institute
Unlike conventional, use-based codes, FBCs utilize the intended form and character of a neighborhood, rather than use as the organizing framework of the code. Morgan Hill will join cities and counties across the country that are now utilizing FBCs to shift their “main streets” and commercial corridors into vibrant, mixed-use areas where residents can live, work, and play within close walking distance.

For the Monterey Corridor (Corridor), the FBC establishes development standards that are objective and implement the community vision, emphasizing pedestrian-oriented building form and streamlined housing development with an appropriate mix of uses. The FBC is designed with a user-friendly organizational structure, where City staff and community members can easily navigate and recognize the standards and requirements that apply to the applicable development site.

Regulations and standards in a FBC are presented graphically in simple diagrams and photographs as well as supplemental text. These standards are keyed to a plan (i.e., a Regulating Plan) that functions like a zoning map, assigning an appropriate form and scale through the application of form-based zones to specific lots. While FBCs focus on an intended physical form, they also regulate use by allowing a mix of appropriate land uses chosen to ensure compatibility among different contexts and the intended physical form of the area. The standards ultimately shape the relationship between building facades and the public realm (i.e., the public and private space between buildings), the form and mass of buildings in relation to one another, and the scale and type of blocks.

29-2 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.010.B Organization of the Form-Based Code
The following advisory text is intended to give a brief overview of the overall structure of Chapter 18.29 (Form-Based Zoning Districts).

1. Section 18.29.010: Introduction. This Section introduces the FBC, describes its components, and provides an illustrative explanation of how to use and apply the FBC to a typical development review application.

2. Section 18.29.020: Purpose and Applicability of the Form-Based Code. This Section provides the general purpose and intent of the form-based zoning districts and standards, as well as the applicability of the FBC.

3. Section 18.29.030: Form-Based Zoning Districts. This Section establishes the applicability of the form-based zoning districts, an overview of the zoning districts, and the specific purpose statements and development standards associated with each zoning district.

4. Section 18.29.040: Building Type Standards. This Section establishes the purpose and intent of the building type standards, the applicability of the standards, a description of each building type, and objective standards associated with each type.

5. Section 18.29.050: Frontage Type Standards. This Section establishes the purpose and intent of the frontage type standards, the applicability of the standards, a description of each frontage type, and objective standards associated with each type.

6. Section 18.29.060: Civic Space Standards. This Section establishes the purpose and intent of the civic space standards, the applicability of the standards, a description of each civic space type, and objective standards associated with each type.

7. Section 18.29.070: Land Use Standards. This Section establishes the land uses permitted in each form-based zoning district and any applicable specific use standards.

8. Section 18.29.080: Standards Supplemental to Form-Based Zoning Districts. This Section provides any additional standards or requirements necessary to implement walkable areas, including additional standards for landscaping, outdoor lighting, open space, signs, and a cross-reference to parking and loading standards (See Chapter 18.72, Parking and Loading).

9. Section 18.29.090: Permits and Administration for Form-Based Zoning Districts. This Section establishes any additional or unique provisions necessary to administer the FBC.

10. Section 18.29.100: Definitions for Form-Based Zoning Districts. This Section provides any additional or unique definitions necessary to understand the standards and requirements of the FBC.

Select the building type(s) from
the types allowed in the zoning
district
Select the civic space type(s), if
applicable, from the types allowed
in the zoning district, and apply the
standards to the building/site
Comply with the
standards specific to your use and
supplemental standards, if applicable
Comply with the standards in
the zoning district
See Sec. 18.29.030 Form-Based Zoning Districts
See Sec. 18.29.040 Building Type Standards

APPROVED
Submit
Engineering Plans
and/or Building
Permit Application
(or any other
applicable plans/
permits)
Reapply and submit
revised application
and fee
Find the Form-Based Zoning
District for your parcel See Regulating Plan

NOT APPROVED
1 2
4 5
6 7 7
Select the frontage type(s) from
the types allowed in the zoning
district
See Sec. 18.29.030 Form-Based Zoning Districts
See Sec. 18.29.050 Frontage Type Standards
3 See Sec. 18.29.030 Form-Based Zoning Districts
See Sec. 18.29.060 Civic Space Standards
See Sec. 18.29.070 Land Use Standards
See Sec. 18.29.080 Standards Supplemental to
Form-Based Zoning Districts
See Sec. 18.29.030 Form-Based Zoning Districts
Step
Reference
Figure 18.29-1 How to Use the Form-Based Code
August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-3

18.29.010.C How to Use the Form-Based Code

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29-4 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-5

18.29.020 Purpose and Applicability of the Form-Based Code Subsections:

18.29.020.A Title

18.29.020.B Purpose

18.29.020.C Applicability

18.29.020.A Title
Chapter 18.29 (Form-Based Zoning Districts) of the Morgan Hill Municipal Code shall be known and may be cited as the Form-Based Code. Within this Chapter, it may also be known as the “FBC.”

18.29.020.B Purpose
The purpose of the FBC is to implement the General Plan, specifically the General Plan’s vision for the Corridor as a “vibrant mixed-use corridor that encourages walking and biking,” through standards for neighborhood design, building form, and land use. The specific purpose and intent of each zoning district is established in Section 18.29.030 (FormBased Zoning Districts).

18.29.020.C Applicability

1. This Chapter applies to all new uses and projects on land delineated in the Form-Based Code Regulating Plan map. This area may be known and referred to as the “FBC Area.”

2. If any provision within this Chapter conflicts with another chapter of the Zoning Code, the FBC shall control.

3. Where the FBC is silent or does not provide an explicit provision, the Zoning Code shall apply.

4. Any requirement of state law will supersede any provision of this Chapter.

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29-6 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-7

18.29.030 Form-Based Zoning Districts
Subsections:

18.29.030.A Purpose and Intent

18.29.030.B Overview of Form-Based Zoning Districts

18.29.030.C Neighborhood Form-Based (FB-N) Zoning District

18.29.030.D Corridor Form-Based (FB-C) Zoning District

18.29.030.E Urban General Form-Based (FB-UG) Zoning District

18.29.030.A Purpose and Intent

1. General. The purpose of the form-based zoning districts is to provide for active, vibrant, and walkable destinations and neighborhoods in Morgan Hill with a diversity of residential and commercial land uses. The form-based zoning districts support a range of housing products, pedestrian-friendly public realm, and vertical and horizontal mixed-use projects. The diversity of pedestrian-friendly development, land uses, and general level of activity in the form-based zoning districts is intended to support a range or transportation choices, including walking, biking, and transit.

2. Specific. For specific intent statements, see each form-based zoning district established in this Section.

18.29.030.B Overview of Form-Based Zoning Districts
Table 18.29-1 provides an overview of each form-based zoning district.

Table 18.29-1 Summary Table of Form-Based Zoning Districts Zoning
District
Neighborhood Form-Based (FB-N) Corridor Form-Based (FB-C) Urban General Form-Based (FB-UG) Desired
Form
Medium setbacks Buildings placed at or near ROW Small to large setbacks Neighborhood character Mixed-use, walkable character Mixed-use, walkable urban character Heights up to 35 ft. Heights up to 45 ft. Heights up to 55 ft.

Compatible with neighborhood context Diverse mix of building frontages Diverse mix of building frontages General
Use
Residential with both detached and
attached dwellings that offer a variety of
housing options in a range of densities
close to neighborhood-serving commercial
uses.

Primarily ground floor commercial or
service uses with a mix of commercial,
residential, service, and/or office uses on
upper stories.

Primarily business-oriented with a variety
of supporting uses, including high-intensity
residential projects.

Intent A variety of housing opportunities that are
accessible to range of income levels in a
walkable environment with neighborhoodserving retail and services.

Variable intensities of infill and
redevelopment with a mix of walkable
uses, such as retail, service, and
commercial, that are sensitive to the scale
and character of the area.

Mixed-use commercial and residential
hubs with a variety of uses and clustered
job opportunity centers. Accessible
corridors and streets with internal block
patterns and an improved pedestrian
experience transitioning from an autocentric environment to a walkable environment.

Subsection 18.29.030.C 18.29.030.D 18.29.030.E

29-8 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.030.C Neighborhood Form-Based (FB-N) Zoning District Note: image is illustrative, not regulatory.

1. Intent
The purpose of the Neighborhood Form-Based (FB-N) zoning district is to accommodate a variety of housing opportunities that are accessible to a range of income levels in a walkable environment with neighborhood-serving retail and services.

2. Lot Requirements
Dimension Standard
a. Area 5,000 s.f. min.
b. Width 50 ft. min.
c. Depth 100 ft. min.

3. Building Placement
a. Building Setback
(i). Front 5 ft. min., 15 ft. max.
(ii). Interior Side 5 ft. min.
(iii). Street Side 5 ft. min., 15 ft. max.
(iv). Rear 15 ft. min.
b. Build-to-Zone
(i). Front 70% min. within setback range
(ii). Street Side 30% min. within setback range

4. Permitted Building Types
House
Accessory Dwelling Unit
Duplex/Duet
Multiplex Small
Bungalow Court
Townhouse
A
B
D
C
Key for Diagrams
Lot Line Building Setback Line
Principal Building
B
Accessory Building
E
F
Front
C
B
Street Side
D
F
E
A

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-9 K
J L
I
Front
Alley
Street Side
Building Form/Height
G
H

5. Building Form
a. Projections
(i). Front 5 ft. max.
(ii). Interior Side 3 ft. max.
(iii). Street Side 5 ft. max.
(iv). Rear 3 ft. max.
b. Height Limit
35 ft. max. 1
c. Building Coverage
75% max.

Note:

1. 40 ft. allowed for vertical mixed-use.

6. Permitted Frontage Types
Front Yard
Porch, Engaged
Porch, Projecting
Stoop

7. Parking Placement
Setback Standard
a. Front 30 ft. min.
b. Interior Side 5 ft min.
c. Street Side 10 ft min.
d. Rear 0 ft min.

8. Permitted Civic Space Types
Passage
Pocket Park/Plaza

9. Supplemental Standards
a. See Section 18.29.040 (Building Type Standards) for building type standards.
b. See Section 18.29.050 (Frontage Type Standards) for frontage type standards.
c. See Section 18.29.060 (Civic Space Standards) for civic space type standards.
d. See Section 18.29.080 (Standards Supplemental to FormBased Zoning Districts) for supplemental standards. e. See Section 18.56.020 (Height Exceptions) for allowed projections above height limits.
f. See Chapter 18.84 (Accessory Dwelling Units) for accessory dwelling unit standards.
g. See Section 18.92.130 (Residential Transition Standards) for residential transition standards.
h. See Chapter 18.44 (Accessory Structures and Uses) for standards for accessory structures.

Key for Diagrams
Lot Line Building Setback Line
Parking Area
H
G
K
J
L
I

29-10 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Front
Street Side
B
D

18.29.030.D Corridor Form-Based (FB-C) Zoning District
Note: image is illustrative, not regulatory.

1. Intent
The purpose of the Corridor Form-Based (FB-C) zoning district is to accommodate variable intensities of infill and redevelopment with a mix of walkable uses, such as retail, service, and commercial, that are sensitive to the scale and character of the area.

2. Lot Requirements
Dimension Standard
a. Area 6,000 s.f. min.
b. Width 60 ft. min.
c. Depth 100 ft. min.

3. Building Placement
a. Building Setback
(i). Front 0 ft. min., 15 ft. max.
(ii). Interior Side 0 ft. min.
(iii). Street Side 0 ft. min., 15 ft. max.
(iv). Rear 10 ft. min.
b. Build-to-Zone
(i). Front 80% min. within setback range
(ii). Street Side 40% min. within setback range

4. Permitted Building Types
Accessory Dwelling Unit
Duplex/Duet
Multiplex Small
Multiplex Large
Townhouse
Courtyard Building
Main Street Building
Liner Building
A
B
D
C
Key for Diagrams
Lot Line Building Setback Line
Principal Building
B
Accessory Building
E
F
A
F
E
Rear
C

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-11 Front
Alley
Street Side
J
L
J
K
M L

5. Building Form
a. Projections
(i). Front 5 ft. max.
(ii). Interior Side 3 ft. max.
(iii). Street Side 5 ft. max.
(iv). Rear 3 ft. max.
b. Height Limit
45 ft. max.
c. Upper Story Stepback
8 ft. min. required for third story or higher
d. Building Coverage
75% max.

6. Permitted Frontage Types
Forecourt
Porch, Engaged
Porch, Projecting
Shopfront
Stoop
Terrace

7. Parking Placement
Setback Standard
a. Front 40 ft. min.
b. Interior Side 0 ft min.
c. Street Side 10 ft min.
d. Rear 0 ft min.

8. Permitted Civic Space Types
Passage
Pocket Park/Plaza
Plaza

9. Supplemental Standards
a. See Section 18.29.040 (Building Type Standards) for building type standards.
b. See Section 18.29.050 (Frontage Type Standards) for frontage type standards.
c. See Section 18.29.060 (Civic Space Standards) for civic space type standards.
d. See Section 18.29.080 (Standards Supplemental to FormBased Zoning Districts) for supplemental standards. e. See Section 18.56.020 (Height Exceptions) for allowed projections above height limits.
f. See Chapter 18.84 (Accessory Dwelling Units) for accessory dwelling unit standards.
g. See Section 18.92.130 (Residential Transition Standards) for residential transition standards.
h. See Chapter 18.44 (Accessory Structures and Uses) for standards for accessory structures.

Key for Diagrams
Lot Line Building Setback Line
Parking Area
H
G K
J
L
M
I
H
I
G

29-12 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Front
Street Side
B
D

18.29.030.E Urban General Form-Based (FB-UG) Zoning District Note: image is illustrative, not regulatory.

1. Intent
The purpose of the Urban General Form-Based (FB-UG) zoning district is to accommodate mixed-use commercial and residential hubs with a variety of uses, clustered job opportunity centers, and vehicular accessible corridors with internal block patterns and an improved pedestrian experience transitioning from an auto-centric environment to a walkable environment.

2. Lot Requirements
Dimension Standard
a. Area 10,000 s.f. min.
b. Width 100 ft. min.
c. Depth 100 ft. min.

3. Building Placement
a. Building Setback
(i). Front 5 ft. min., 25 ft. max.
(ii). Interior Side 0 ft. min.
(iii). Street Side 0 ft. min., 25 ft. max.
(iv). Rear 20 ft. min.
b. Build-to-Zone
(i). Front 65% min. within setback range
(ii). Street Side 25% min. within setback range

4. Permitted Building Types
Accessory Dwelling Unit
Multiplex Large
Courtyard Building
Main Street Building
Liner Building
A
B
D
C
Key for Diagrams
Lot Line Building Setback Line
Principal Building
B
Accessory Building
E
F
A
E
F
C

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-13 H
Front
Alley
Street Side
J
L
J
K
M L

5. Building Form
a. Projections
(i). Front 5 ft. max.
(ii). Interior Side 3 ft. max.
(iii). Street Side 5 ft. max.
(iv). Rear 3 ft. max.
b. Height Limit
55 ft. max.
c. Ground Floor Ceiling Height
14 ft. min. 18 ft. max.
d. Upper Story Stepback
8 ft. min. required for third story or higher
e. Building Coverage
80% max.

6. Permitted Frontage Types
Forecourt
Shopfront
Stoop
Terrace

7. Parking Placement
Setback Standard
a. Front 40 ft. min.
b. Interior Side 0 ft min.
c. Street Side 10 ft min.
d. Rear 0 ft min.

8. Permitted Civic Space Types
Passage
Pocket Park/Plaza
Plaza

9. Supplemental Standards
a. See Section 18.29.040 (Building Type Standards) for building type standards.
b. See Section 18.29.050 (Frontage Type Standards) for frontage type standards.
c. See Section 18.29.060 (Civic Space Standards) for civic space type standards.
d. See Section 18.29.080 (Standards Supplemental to FormBased Zoning Districts) for supplemental standards. e. See Section 18.56.020 (Height Exceptions) for allowed projections above height limits.
f. See Chapter 18.84 (Accessory Dwelling Units) for accessory dwelling unit standards.
g. See Section 18.92.130 (Residential Transition Standards) for residential transition standards.
h. See Chapter 18.44 (Accessory Structures and Uses) for standards for accessory structures.

Key for Diagrams
Lot Line Building Setback Line
Parking Area
H
G K
J
L
M
J
J
G
I
I

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29-14 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-15

18.29.040 Building Type Standards
Subsections:

18.29.040.A Purpose and Intent

18.29.040.B Applicability

18.29.040.C House

18.29.040.D Accessory Dwelling Unit

18.29.040.E Duplex/Duet

18.29.040.F Multiplex Small

18.29.040.G Multiplex Large

18.29.040.H Bungalow Court

18.29.040.I Townhouse

18.29.040.J Courtyard Building

18.29.040.K Main Street Building

18.29.040.L Liner Building

18.29.040.A Purpose and Intent
The purpose of this Section is to establish standards for all building types within the form-based zoning districts.

The standards in this Section supplement the standards in Section 18.29.030 (Form-Based Zoning Districts) and are intended to provide a range of housing and development options that reinforce the character and scale of Morgan Hill’s history and small-town development pattern.

18.29.040.B Applicability

1. This Section applies to all proposed projects within the form-based zoning districts. All new projects in the formbased zoning districts must apply at least one of the building types in this Section and be consistent with the identified building type standards and the standards in the applicable zoning district (see Section 18.29.030 (Form-Based Zoning Districts)). The building types support a variety of uses, as allowed in the zoning district (e.g., the “house” building type may include residential uses, eating and drinking uses, professional offices, or others if allowed in the zoning district) (see Section 18.29.070 (Land Use Standards)).

2. Building types not indicated as “permitted” in the applicable zoning district (see Section 18.29.030 (Form-Based Zoning Districts)) are not permitted in the zoning district.

3. If an applicant proposes multiple principal buildings on a single lot, the proposal must include potential lot lines in order to determine compliance with this Section.

4. The development of transportation, communications, and/or infrastructure facilities is exempt from this Section.

29-16 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Key for Diagram
Lot Line Frontage
Primary Building Type Accessory Building
B
A
D
C
E
Front
Street Side

18.29.040.C House
Note: image is illustrative, not regulatory.

1. Description
A detached building with 1 unit, shallow setbacks, a rear yard, and located within a low intensity walkable neighborhood.

2. Building Size and Massing
a. Height

2.5 stories max.
b. Main Body
Width 45 ft. max.

Depth 45 ft. max.
c. Secondary Wing
Width 20 ft. max.

Depth 20 ft. max.

3. Pedestrian Access
Primary Entrance Front Setback

4. Private Open Space (per unit)
Private open space is required per Subsection 18.29.080.D (Open Space Standards). Common open space is not required.

A
B
C
D
E

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-17 Key for Diagram
Lot Line
Accessory Building Type Primary Building
B
A
Front

18.29.040.D Accessory Dwelling Unit
Note: image is illustrative, not regulatory.

1. Description
An accessory structure usually located at the rear of a lot that provides a unit; may be located above the garage.

2. Building Size and Massing
a. Height
2 stories max.
b. Main Body
Width 36 ft. max.

Depth 30 ft. max.

3. Pedestrian Access
Primary Entrance Street Side Setback, Alley, or
Internal to Lot

4. Miscellaneous
Accessory dwelling units are permitted consistent with Section 18.29.070 (Land Use Standards) and Chapter 18.84 (Accessory Dwelling Units).

A
B
C

29-18 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Note: image is illustrative, not regulatory.

Key for Diagram
Lot Line Frontage
Primary Building Type Accessory Building
B
A
D
C
E
Front
Street Side

18.29.040.E Duplex/Duet

1. Description
A detached building consisting of 2 side-by-side or stacked units with shallow setbacks. For side-by-side units, both face the street with separate entrances; for stacked units, both are accessible via a single entrance or separate entrances that face the street. This type has the appearance of a house and is scaled to fit within low and medium intensity walkable neighborhoods.

2. Building Size and Massing
a. Height
35 ft. max.
b. Main Body
Width 48 ft. max.

Depth 40 ft. max.
c. Secondary Wing
Width 20 ft. max.

Depth 24 ft. max.

3. Pedestrian Access
Primary Entrance Front Setback

4. Private Open Space (per unit)
Private open space is required per Subsection 18.29.080.D (Open Space Standards). Common open space is not required.

A
B
C
D
E

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-19 Note: image is illustrative, not regulatory.

Key for Diagram
Lot Line Frontage
Primary Building Type
B
A
D
C
E
Front
Street Side

18.29.040.F Multiplex Small

1. Description
A detached building that consists of 3 to 6 side-by-side and/or stacked units, with one shared entry or individual entries along the front. This type has the appearance of a house and is scaled to fit within low and medium intensity walkable neighborhoods.

2. Building Size and Massing
a. Height
35 ft. max.
b. Main Body 1
Width 45 ft. max.

Depth 45 ft. max.
c. Secondary Wing
Width 20 ft. max.

Depth 30 ft. max.

Note:

1. May be exempt from the build-to-zone requirement established in the form-based zoning district if the maximum width and depth preclude the ability to meet the percentage required.

3. Pedestrian Access
Primary Entrance Front Setback

4. Common Open Space
Common open space is required per Subsection 18.29.080.D (Open Space Standards). Private open space is not required.

A
B
C
D
E

29-20 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Note: image is illustrative, not regulatory.

Key for Diagram
Lot Line Frontage
Primary Building Type
B
A
D
C
E
Street Side

18.29.040.G Multiplex Large

1. Description
A detached building that consists of 7 to 12 side-by-side and/or stacked units, usually with one shared entry. This type is scaled to fit within medium intensity walkable neighborhoods.

2. Building Size and Massing
a. Height
45 ft. max.
b. Main Body
Width 60 ft. max.

Depth 60 ft. max.
c. Secondary Wing
Width 24 ft. max.

Depth 40 ft. max.

3. Pedestrian Access
Primary Entrance Front Setback

4. Common Open Space
Common open space is required per Subsection 18.29.080.D (Open Space Standards). Private open space is not required.

A
B
C
D
E
Front

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-21 Note: image is illustrative, not regulatory.

Key for Diagram
Lot Line Frontage
Primary Building Type
A
A
A
B
B
B
A
A
A
B
B
B
A
B
C
C
C C
C
C
C
D
E
F
Front
Street Side

18.29.040.H Bungalow Court

1. Description
A group of detached buildings (3 to 9 separate units) arranged to define a shared courtyard that is generally perpendicular to the street. The shared courtyard is common open space and replaces the need for private rear yards. This type is scaled to fit within low and medium intensity walkable neighborhoods.

2. Building Size and Massing 1
a. Height

1.5 stories max.
b. Main Body 1
Width 32 ft. max.

Depth 24 ft. max.

Note:

1. May be exempt from the build-to-zone requirement established in the form-based zoning district if the maximum width and depth preclude the ability to meet the percentage required.

3. Pedestrian Access
Primary Entrance Shared Courtyard
Shared Courtyard Accessible from Front Setback/Street
Pedestrian connections shall link all buildings to the shared courtyard, parking area(s), and public right-of-way.

4. Common Open Space/Courtyard
Width 20 ft. min.

Depth 3-4 units: 75 ft. min.; 5-9 units: 90 ft. min.

Private open space is not required.

A
B
C
D
E
F

29-22 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Key for Diagram
Lot Line Frontage
Primary Building Type Accessory Building
Note: image is illustrative, not regulatory.

B

A A A A
D
C

E E E E
Front
Street Side

18.29.040.I Townhouse

1. Description
An attached building that consists of 3 to 10 units placed side-by-side with individual entries along the front. This type has a rear yard and is located within medium and high intensity walkable neighborhoods, or on or near a neighborhood main street.

2. Building Size and Massing
a. Height

3.5 stories max.
b. Main Body
Width 18 ft. min.; 36 ft. max. (per unit)
Depth 50 ft. max.
c. Secondary Wing
Width 14 ft. max.

Depth 25 ft. max.

3. Pedestrian Access
Primary Entrance Front Setback

4. Private Open Space (per unit)
Private open space is required per Subsection 18.29.080.D (Open Space Standards). Common open space is not required.

A
B
C
D
E

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-23 Key for Diagram
Lot Line Frontage
Primary Building Type
B
A
C C
C
D
E
F
Note: image is illustrative, not regulatory.

Front
Street Side

18.29.040.J Courtyard Building

1. Description
A building comprised of multiple attached and/or stacked units, accessed from one or more shared courtyards. The shared courtyard is common open space and replaces the need for private rear yards. This type is frequently integrated into medium and high intensity walkable neighborhoods and can be applied in non-residential contexts.

2. Building Size and Massing
a. Height
45 ft. max.
b. Main Body
Width 100 ft. max.

Depth 100 ft. max.

3. Pedestrian Access
Primary Entrance Shared Courtyard and/or Front
Setback/Street
Shared Courtyard Front Setback/Street

4. Common Open Space/Courtyard
Width 20 ft. min.; 50 ft. max.

Depth 20 ft. min.; 100 ft. max.

Private open space is not required.

A
B
C
D
E
F

29-24 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Note: image is illustrative, not regulatory.

Key for Diagram
Lot Line Frontage
Primary Building Type
B
A

D C C C C
D
D
Front
Street Side

18.29.040.K Main Street Building

1. Description
An attached building intended to provide a vertical mix of uses with ground floor retail, office, or service uses with individual entries, and upper floor office, service, or residential uses with one or more shared entries. This type is the primary component of main street building form.

2. Building Size and Massing
a. Height
55 ft. max.
b. Main Body
Width 200 ft. max.

Depth 120 ft. max.

3. Pedestrian Access
Primary Entrance, Ground
Floor Spaces/Units
Front Setback/Street
Primary Entrance, Upper
Floor Spaces/Units
Front Setback, Street Side
Setback, Street, or Alley

4. Common Open Space
Common open space is required per Subsection 18.29.080.D (Open Space Standards). Private open space is not required.

A
B
C
D

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-25 Note: image is illustrative, not regulatory.

Key for Diagram
Lot Line Frontage
Primary Building Type
A

G F F F F
G
G
Front
Street Side
B C
E
D

18.29.040.L Liner Building

1. Description
A building in which the interior building is wrapped or lined by an exterior building. The interior building is usually a parking structure or large retail/ entertainment space while the exterior building is intended for retail, service, office, or residential space. This type is a component of main street building form.

2. Building Size and Massing
a. Height
55 ft. max.
b. Exterior Building
Length 400 ft. max.

Width 300 ft. max.

Depth 50 ft. max.
b. Interior Building
Width 180 ft. max.

Depth 230 ft. max.

3. Pedestrian Access
Primary Entrance, Ground
Floor Spaces/Units
Front Setback/Street
Primary Entrance, Upper
Floor Spaces/Units
Front Setback, Street Side
Setback, Street, or Alley

4. Common Open Space
Common open space is required per Subsection 18.29.080.D (Open Space Standards). Private open space is not required.

A
B
C
D
E
F
G

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29-26 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-27

18.29.050 Frontage Type Standards
Subsections:

18.29.050.A Purpose and Intent

18.29.050.B Applicability

18.29.050.C Forecourt

18.29.050.D Front Yard

18.29.050.E Porch, Engaged

18.29.050.F Porch, Projecting

18.29.050.G Shopfront

18.29.050.H Stoop

18.29.050.I Terrace

18.29.050.A Purpose and Intent
The purpose of this Section is to establish standards for all frontage types within the form-based zoning districts.

Private frontages are the components of a building that provide an important transition and relationship between the public realm and private development. The standards in this Section supplement the standards in Section 18.29.030 (Form-Based Zoning Districts) and are intended to ensure that development reinforces the character and scale of Morgan Hill’s history and small-town development pattern.

18.29.050.B Applicability

1. This Section applies to all proposed projects within the form-based zoning districts. The standards in this Section must be considered in combination with the standards in the applicable zoning district (see Section 18.29.030 (Form-Based Zoning Districts)).

2. Frontage types not indicated as “permitted” in the applicable zoning district (see Section 18.29.030 (Form-Based Zoning Districts)) are not permitted in the zoning district.

3. Every new project and/or structure in the form-based zoning districts must provide at least one frontage type for each street frontage.

4. The development of transportation, communications, and/or infrastructure facilities is exempt from this Section.

29-28 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.050.C Forecourt
Note: image is illustrative, not regulatory.

1. Description
The main facade of the building is at or near the right-of-way and a portion (usually the central portion) is set back, creating a courtyard space. The space is commonly used as an entry court, shared garden area, or additional shopping or restaurant seating area.

2. Size
Width 15 ft. min.

Depth 15 ft. min.

Ratio, Width-to-Height 2:1 max.

Transparency, Ground
Floor
70% min.

Transparency, Upper
Floors
30% min.

3. Miscellaneous
May be used in conjunction with another permitted frontage type (e.g., shopfront).

A
B
Key for Diagrams
Lot Line Setback Line
Grade Building
A
B
B

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-29

18.29.050.D Front Yard
Note: image is illustrative, not regulatory.

1. Description
The main facade of the building has a landscaped area between the building and the right-of-way providing separation from the street. The front yard is visually continuous with adjacent yards and supports landscape in conjunction with other private frontages.

2. Size
Width 12 ft. min.

Depth 10 ft. min.

Height, Fences or Walls 1 3 ft max.

3. Miscellaneous
Must be used in conjunction with another permitted frontage type (e.g., porch).

Must be landscaped to the property line.

Note:

1. Fences or walls must comply with Chapter 18.52 (Fences and Walls).

A
B
Key for Diagrams
Lot Line Setback Line
Grade Building
B
B
A

29-30 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.050.E Porch, Engaged
Key for Diagrams
Lot Line Setback Line
Grade Building
C
D
B
A B
Note: image is illustrative, not regulatory.

1. Description
The main facade of the building is set back from the right-of-way and a porch is attached providing access to the building. The porch provides necessary physical separation for the private lot from the public right-ofway. The engaged porch has two adjacent sides attached to the building while the other two sides are open.

2. Size
Width 50% min., 80% max. of building
width
Depth 5 ft. min.

Height, Clear 8 ft. min., 14 ft. max.

Finish Level Above
Sidewalk

1.5 ft. min., 6 ft. max.

3. Miscellaneous
Must be open on two sides and have a roof.

Reasonable accommodation must be provided consistent with Chapter

18.118 (Reasonable Accommodations).

Note:

1. May be increased by max. 50% to meet the base flood elevation plus 1-foot consistent with Chapter 15.80 (Flood Damagee Prevention).

A
B
C
D

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-31

18.29.050.F Porch, Projecting
Key for Diagrams
Lot Line Setback Line
Grade Building
C
D
B
A B
Note: image is illustrative, not regulatory.

1. Description
The main facade of the building is set back from the right-of-way and a porch is attached providing access to the building. The porch provides necessary physical separation for the private lot from the public right-ofway. The projecting porch is open on three sides and projects in front of the primary building wall.

2. Size
Width 70% min. of building width
Depth 5 ft. min.

Height, Clear 8 ft. min., 14 ft. max.

Finish Level Above
Sidewalk

1.5 ft. min., 6 ft. max.

3. Miscellaneous
Must be open on three sides and have a roof.

Reasonable accommodation must be provided consistent with Chapter

18.118 (Reasonable Accommodations).

Note:

1. May be increased by max. 50% to meet the base flood elevation plus 1-foot consistent with Chapter 15.80 (Flood Damagee Prevention).

A
B
C
D

29-32 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.050.G Shopfront
Note: image is illustrative, not regulatory.

1. Description
The main facade of the building is placed at or near the right-of-way with an at-grade entrance along the sidewalk. The shopfront is generally intended for retail or service uses and has substantial glazing at the ground floor level.

2. Size
Entry Recess 5 ft. max.

Transparency, Ground Floor 75% min.

3. Projection 1
Depth 4 ft. min.

Setback from Curb 2 ft. min.

Height 8 ft. min.

4. Miscellaneous
May be used in conjunction with another permitted frontage type (e.g., terrace).

Note:

1. May project over the sidewalk subject to approval of an Encroachment Permit.

A
B
C
D
Key for Diagrams
Lot Line Setback Line
Grade Building
A
B
C
D
A
C

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-33

18.29.050.H Stoop
Key for Diagrams
Lot Line Setback Line
Grade Building
B
C
A B
Note: image is illustrative, not regulatory.

1. Description
The main facade of the building is near the right-of-way and the stoop engages the sidewalk. The stoop is elevated above the sidewalk, and the entrance is usually an exterior stair and landing.

2. Size
Width 4 ft. min., 8 ft. max.

Depth 4 ft. min., 8 ft. max.

Finish Level Above Sidewalk 1 1.5 ft. min., 3 ft. max.

3. Miscellaneous
Stairs may be perpendicular or parallel to the building facade.

Entry doors must be covered or recessed.

Gates are not permitted.

Reasonable accommodation must be provided consistent with Chapter

18.118 (Reasonable Accommodations).

Note:

1. May be increased by max. 50% to meet the base flood elevation plus 1-foot consistent with Chapter 15.80 (Flood Damage Prevention).

A
B
C

29-34 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.050.I Terrace

1. Description
The main facade of the building has an elevated terrace that projects outward and engages the sidewalk with frequent stairs. The terrace allows at-grade access to all ground floor uses due to natural grade constraints or by artificially elevating the terrace floor. The terrace acts as a buffer from the sidewalk and may be landscaped to provide additional privacy.

Building activities are slightly separated from the adjacent sidewalk by the terrace finish level, and the depth of the terrace provides space for outdoor seating, private yards, or any other appropriate uses.

2. Size
Length 120 ft. max
Depth 8 ft. min.

Finish Level Above Sidewalk 1 1.5 ft. min., 5 ft. max.

Distance Between Stairs 25 ft. max.

Wall Setback from Right-of-Way 5 ft. min

3. Miscellaneous
May be used in conjunction with another permitted frontage type (e.g., shopfront).

Reasonable accommodation must be provided consistent with Chapter

18.118 (Reasonable Accommodations).

Note:

1. May be increased by max. 50% to meet the base flood elevation plus 1-foot consistent with Chapter 15.80 (Flood Damage Prevention).

A
B
C
D
E
Key for Diagrams
Lot Line Setback Line
Grade Building
C
E
A
B
D
E

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-35

18.29.060 Civic Space Standards
Subsections:

18.29.060.A Purpose and Intent

18.29.060.B Applicability

18.29.060.C Passage

18.29.060.D Pocket Park/Plaza

18.29.060.E Plaza

18.29.060.A Purpose and Intent
The purpose of this Section is to establish standards for all civic space types within the form-based zoning districts.

The standards in this Section are intended to ensure that publicly accessible civic space is provided to reinforce walkable environments within Morgan Hill.

18.29.060.B Applicability

1. The standards in this Section apply to all projects within the form-based zoning districts that meet the following criteria.
a. All residential projects including 20 or more units must provide one civic space type. b. All non-residential or mixed-use projects including two or more structures, or over 10,000 square feet of building space must provide one civic space type.
c. All projects greater than two acres in total site area must provide a passage and pocket park, or a plaza.

2. The standards in this Section must be considered in combination with the standards in the applicable zoning district (see Section 18.29.030 (Form-Based Zoning Districts)).

3. Civic space types not indicated as “permitted” in the applicable zoning district (see Section 18.29.030 (FormBased Zoning Districts)) are not permitted in the zoning district.

29-36 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.060.C Passage
Note: image is illustrative, not regulatory.

1. Description
An informal or formal gathering space that serves as a pedestrian connector between other gathering places, streets, and/or parking areas. Passages are hardscaped and located near the middle of a block, providing a pedestrian connection through a block. Passages may be linear or L-shaped. Passages provide additional frontage opportunities for retail and/or residential uses along edges.

2. Size
Width 15 ft. min
Length 30 ft. min.

3. Miscellaneous
Access Must access the public right-of-way and/or
internal alleys or sidewalks on 2 sides.

Required Amenities Seating, potted plants, planters: Min. 1 each per 250 s.f.

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-37

18.29.060.D Pocket Park/Plaza
Note: image is illustrative, not regulatory.

1. Description
A small-scale landscaped or hardscaped open space designed to provide opportunities for neighborhood gathering and/or passive recreation, generally for those who live within walking distance. Pocket parks/plazas are usually accessible from the public right-of-way, but clearly delineated as a separate space.

2. Size
Area 500 s.f. min., 0.25 ac. max.

Width 20 ft. min.

Length 20 ft. min.

3. Miscellaneous
Frontage Must have building frontages on at least 2
sides
Required Amenities Seating, potted plants, planters: Min. 1 each per 250 s.f.

Bicycle Parking: Min. 4 short-term spaces

29-38 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.060.E Plaza
Note: image is illustrative, not regulatory.

1. Description
A space available for civic purposes and commercial activities intended to add to the activity and vibrancy of streets and neighborhoods. Plazas are formal spaces with interior green spaces and defined edges made primarily of hardscape materials.

2. Size
Area 0.25 ac. min.; 0.5 ac. max.

Width 60 ft. min.

Length 60 ft. min.

3. Miscellaneous
Frontage Must have building frontages on at least 2
sides
Required Amenities Seating, potted plants, planters: Min. 1 each per 250 s.f.

Bicycle Parking: Min. 6 short-term spaces

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-39

18.29.070 Land Use Standards
Subsections:

18.29.070.A Purpose and Applicability

18.29.070.B Permitted Land Uses

18.29.070.C Specific Use Standards

18.29.070.A Purpose and Applicability

1. This Section establishes the land uses permitted in each form-based zoning district and any specific use standards necessary to implement walkable areas. Where appropriate, land uses may cross-reference to applicable standards in Chapter 18.92 (Supplemental Standards).

2. Land uses are defined in Chapter 18.124 (Land Use Definitions). If a land use requires a distinct and different definition in the form-based zoning districts, the definition established in Section 18.29.100 (Definitions for FormBased Zoning Districts) applies.

18.29.070.B Permitted Land Uses

1. Table 18.29-2 (Permitted Land Uses in the Form-Based Zoning Districts), identifies the land uses permitted in the form-based zoning districts by letter designation as follows unless a use or activity is prohibited or subject to a higher level of permit pursuant to other parts of this Code or other applicable regulations. a. “P” designates uses permitted by right in the zoning district and is not subject to discretionary review and approval.
b. “A” designates uses that are permitted after review and approval of an Administrative Use Permit. c. “C” designates uses that are permitted after review and approval of a Conditional Use Permit. d. “-“ designates uses that are not permitted.

2. A project which includes two or more categories of land use in the same building or on the same site is subject to the highest permit level required for any individual use or single component of the project.

29-40 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Table 18.29-2 Permitted Land Uses in the Form-Based Zoning Districts Land Use Permit Required by Zone Additional Regulations FB-N FB-C FB-UG Residential Uses
Accessory Dwelling Unit (ADU) P P P See Chapter 18.84
Duplex/Duet P P P See Subsection 18.29.100.D
Group Housing P P P
Live/Work Unit P P P
Mixed-Use Residential P P P
Multi-Family Dwellings P P P See Subsection 18.29.070.C.3 Nursing Homes and Long-Term Care C C C
Residential Care Facilities P P P
Residential Care Facilities, Small P P P
Senior Housing, Independent Living P P P
Single-Family Attached Dwelling P P P
Single-Family Detached Dwelling P - -
Public and Quasi-Public Uses
College and Trade Schools C P P
Community Assembly C C C
Cultural Institutions A A A
Day Care Centers C C C
Emergency Shelters C C C See Section 18.92.050
Government Offices A A A
Home Day Care, Large P P P
Home Day Care, Small P P P
Hospitals - C C
Instructional Services A P P
Medical Offices and Clinics A P P
Park and Recreational Facilities P P P
Public Safety Facilities C C C
Schools, Public and Private C C C
Social Services C C C
Commercial Uses
Veterinarian Clinics and Hospitals C C C
Banks and Financial Institutions P P P
Business Support Services P P P
Cinemas and Theaters A A P
Commercial Recreation, Indoor
≤ 15,000 sq. ft. A P P
> 15,000 sq. ft. A A A
P = Permitted Use
A = Administrative Use Permit required (See Section 18.108.020 (Administrative Use Permits)) C = Conditional Use Permit required (See Section 18.108.030 (Conditional Use Permits)) T = Temporary Use Permit required (See Chapter 18.108.090 (Temporary Use Permits)) - = Use not permitted

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-41 Table 18.29-2 Permitted Land Uses in the Form-Based Zoning Districts Land Use Permit Required by Zone Additional Regulations FB-N FB-C FB-UG Drive- Through Facilities - C C See Subsection 18.29.070.C.2 Eating and Drinking Uses
Bars and Nightclubs - C C
Restaurant, Fast Food C P P
Restaurant, Sit Down P P P
Tasting Rooms A P P
Farmers Markets A A A
Lodging Facilities
Bed and Breakfast P P P
Hotels and Motels C C C
Personal Services A P P
Professional Offices A P P
Retail
Convenience Market A P P See Section 18.92.030
General Retail A P P
Vehicle-Related Uses
Fuel and Service Station - - C
Vehicle Rentals - - C
Vehicle Washing - - C
Industrial Uses
Food and Beverage Production
< 5,000 sq. ft. 1 - P P
5,000 sq. ft. to 10,000 sq. ft. 1 - C C
Transportation, Communication, and Utility Uses
Parking Lots or Structures 2 C C C
Recycling Facilities
Reverse Vending Machines - C C
Transportation Terminals - - -
Wireless Communication Facilities See Chapter 18.96
Other Uses
Accessory Use(s) See Chapter 18.44
Home Occupations See Section 18.92.060
Temporary Use(s) See Section 18.92.150
Urban Agriculture
Community Garden A A A
Home Gardens P P P
Urban Farm C C C
Notes:

1. On-site wholesale or retail sales required.

2. When proposed as a primary use.

29-42 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.070.C Specific Use Standards

1. Purpose and Applicability
a. This Subsection provides site planning, development, and operating standards for certain land uses where permitted in compliance with Subsection 18.29.070.B (Permitted Land Uses) if necessary to meet the intent of the form-based zoning districts.
b. This Subsection applies to all land uses and development within the form-based zoning districts. If a land use is not specified below, the standards in Chapter 18.92 (Supplemental Standards) apply. If a land use is specified below, the standards in this Subsection supersede any requirements in Chapter 18.92 unless otherwise described below. If a conflict exists between a provision in this Subsection and any other chapter of the Code, the most restrictive provision applies.
c. Parking for all land uses shall comply with Subsection 18.29.080.E (Parking and Loading Standards). d. Signage for all land uses shall comply with Subsection 18.29.080.F (Sign Standards).

2. Drive-Through Facilities
a. Design Objectives. A drive-through facility shall only be permitted if the Planning Commission determines that the design and operation will accommodate pedestrian connections, avoid congestion, and excessive pavement.
b. Location Limitations.
(i) A drive-through facility shall only be located along a building facade away from a street frontage. (ii) The drive aisle shall not be located between the property line and front of building. (iii) The stacking area shall not be located adjacent and parallel to streets or public rights-of-way. c. Visual Buffer. The drive aisle shall be screened from streets or public rights-of-way with landscaping or walls and berms.
d. Drive-Through Lane Capacity. See Subsection 18.92.040.B. e. Drive-Through Lane Separation. See Subsection 18.92.040.C. f. Pedestrian Access. See Subsection 18.92.040.D.
g. Drive-Through Lane Setback from Intersection. See Subsection 18.92.040.E.

3. Multi-Family Dwellings. Walkways in multi-family dwelling developments shall be provided to connect units to recreational and other internal facilities as well as the other residential units and nearby public streets.

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-43

18.29.080 Standards Supplemental to Form-Based Zoning Districts Subsections:

18.29.080.A Purpose and Applicability

18.29.080.B Landscaping Standards

18.29.080.C Outdoor Lighting Standards

18.29.080.D Open Space Standards

18.29.080.E Parking and Loading Standards

18.29.080.F Sign Standards

18.29.080.A Purpose and Applicability
This Section provides standards that are supplemental to the regulations of each form-based zoning district, and are specific to particular aspects of development, such as landscaping, parking, outdoor lighting, and signage. These standards are intended to promote projects that complement the character of Morgan Hill while meeting the intent of the form-based zoning districts.

18.29.080.B Landscaping Standards

1. This Subsection provides standards that complement infill development, walkable areas, and built environments that frame the public right-of-way with parking located to the side and rear of structures. Unless otherwise described below, Chapter 18.64 (Landscaping) shall apply.

2. This Subsection applies to the following:
a. Structures that are located 10 feet or fewer from the back of sidewalk; or b. Structures that are located on the property line.

3. Public amenities (e.g., seating), structural shade elements, public art, or potted plants are required in the available space between the back of sidewalk and the structure.

4. Alternative paving materials (e.g., permeable paving, porous concrete, brick pavers) are permitted in areas between the back of sidewalk and the structure.

5. The Director may accept alternative design solutions consistent with Section 18.29.060 (Civic Space Standards).

29-44 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.080.C Outdoor Lighting Standards

1. Exterior lighting and parking lot lighting shall be provided, erected and maintained so any light is a fully-shielded light fixture and will not cast direct light or glare upon adjacent properties or public rights-of-way.

2. A parking area with six or more parking spaces shall include outdoor lighting that provides a minimum illumination of 1.0 foot-candles over the entire parking area.

3. All outdoor lighting along walkways, open space and recreation areas shall be pedestrian-scaled, fully shielded fixtures with a minimum illumination of 1.0 foot-candles.

4. The following types of outdoor lighting are prohibited:
a. Unshielded Light Fixtures.
b. Search lights, laser lights, or similar high intensity light, except as necessary for official emergency services. c. Any lighting device located on the exterior of a building or on the inside of a window which is visible beyond the property boundaries of the lot or parcel with intermittent fading, flashing, blinking, rotating, or strobe light illumination.
d. Lighting that results in glare to motor vehicles on public rights-of-way.

18.29.080.D Open Space Standards

1. Applicability. Common and private open space is required for the building types specified in Section 18.29.040 (Building Type Standards). Standards and requirements for each type of open space are established below.

2. Common Open Space. All building types subject to common open space requirements must comply with the following provisions, unless otherwise indicated in Section 18.29.040 (Building Type Standards). a. Minimum Area: 15 percent of the site. The area requirement may be met by providing a civic space type (see Section 18.29.060 (Civic Space Standards)), roof terrace, or roof garden, as approved by the Planning Commission.
b. Minimum Horizontal Dimension: 15 feet.
c. Usability. Common open space shall be accessible to all on-site residents. If the area requirement is met using a civic space type, the open space shall be publicly accessible.

3. Private Open Space. All building types subject to private open space requirements must comply with the following provisions.
a. Minimum Area: 100 square feet per unit. The area requirement may be met by providing a patio, deck, balcony, roof terrace, or other similar space.
b. Minimum Horizontal Dimension: 12 feet.

18.29.080.E Parking and Loading Standards
Parking and Loading Standards are provided in Chapter 18.72 (Parking and Loading) in the Zoning Code.

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-45

18.29.080.F Sign Standards

1. Purpose. This Subsection establishes standards related to the type, size, height, placement, number, and design of signs in the form-based zoning districts. The standards are intended to promote well-designed signs that reflect the intent of the form-based zoning districts.

2. Signs Allowed Subject to a Sign Permit. All sign types in this Subsection are permitted in the form-based zoning districts, subject to a sign permit, except as provided in Subsection 18.29.080.F.3.

3. Signs Allowed Without a Sign Permit. Window signs are allowed without a sign permit consistent with the standards in this Subsection. See Section 18.88.040 (Signs Allowed Without Permits) for all sign types that do not require a permit.

4. Prohibited Signs. All signs prohibited in Section 18.88.050 (Prohibited Signs) are prohibited in the form-based zoning districts with the exception of painted wall signs, which are permitted in all form-based zoning districts.

5. General Sign Standards. Standards for each allowed permanent sign type are provided in tables with a supporting illustration of each sign type. All permanent signs must comply with the standards for sign area, height, number, type, and other requirements provided in these tables. a. Sign Area for Permanent Building-Mounted Signs
(i) Aggregate sign area of all building-mounted signs shall be limited to a maximum of 1.25 square feet per linear foot of building frontage along Monterey Road and a maximum of 1 square foot per linear foot of building frontage along other streets.
(ii) See Section 18.88.080.B.3 (Sites with Multiple Frontages) for sign standards regarding buildings with more than one frontage on a public street, excluding alleys. b. Monument Signs. See Table 18.29-8 (Monument Signs) for free-standing sign standards. c. Font Types per Sign. Signs shall be limited to a maximum of two letter styles or font types. d. Illumination
(i) Signs may be internally or externally illuminated except where specifically prohibited. Internal illumination is permitted only when the portion of the sign that appears illuminated is primarily the sign text, registered trademark, or logo.
(ii) The light source for externally illuminated signs must be arranged and shielded to substantially confine all direct light rays onto the sign face and away from streets and adjacent properties. e. Materials and Design
(i) Except for interior window signs, all permanent signs shall be constructed of wood, metal, plastic, glass, or similar durable and weatherproof materials.
(ii) The size of letters and graphics shall be proportional to the overall sign area. (iii) Signs shall employ the use of simple and symmetrical sign shapes.

6. Standards for Specific Sign Types. The sign standards in this Subsection supersede the standards in Section

18.88.100 (Standards for Specific Sign Types).

7. Adjustments to Sign Standards. See Section 18.88.070 (Adjustment to Sign Standards).

8. Master Sign Program. See Section 18.88.110 (Master Sign Program).

9. Temporary Signs. See Section 18.88.120 (Temporary Signs).

10. Nonconforming Signs. See Section 18.88.130 (Nonconforming Signs).

11. Violations and Enforcement. See Section 18.88.140 (Violations and Enforcement).

29-46 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Table 18.29-4 Awning Signs
C
D
B
E
A
Standards Requirements
Sign Type Awning
Max. Area 2/3 of awning valance area and 15% of awning face, or 25 s.f. overall, whichever is less A Max. Projection from Building Wall 4 ft.; May project into public right-of-way with permit approval B Min. Vertical Clearance 8 ft. C
Min. Horizontal Clearance 2 ft. from street or drive aisle curb D Placement May only be mounted on the wall area below the second floor E Illumination Illumination from below the awning or non-illuminated Materials Plastic or vinyl material is not permitted
C
A
D
B
E

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-47 Table 18.29-5 Blade Signs
Standards Requirements
Sign Type Blade
Max. Number 1 per tenant space
Max. Area 12 s.f. A
Min. Vertical Clearance 8 ft. B
Projection May project into public right-of-way with permit approval Placement If mounted below the underside of a walkway or overhead structure, must not extend beyond the edge of the structure on which it is located; Must be mounted perpendicular to the building face or corner of the building
Illumination Internal or external illumination
A
B
A
B

29-48 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Table 18.29-6 Canopy Signs
A
C
D
E B
Standards Requirements
Sign Type Canopy
Max. Number 1 per tenant space
Max. Area 1 s.f. per linear foot of canopy width A
Max. Height 20 ft. B
Max. Width No greater than 60% of the width of the canopy on which it is displayed C Min. Horizontal Clearance 2 ft. from street or drive aisle curb D Min. Vertical Clearance 8 ft. E
Projection May project into public right-of-way with permit approval Placement Must be placed above the doors and windows of the ground floor of a building Illumination Internal illumination

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-49 Table 18.29-7 Marquee Signs
A
C
D
B
Standards Requirements
Sign Type Marquee
Max. Number 1 per building A
Max. Height 35 ft.

Use Restrictions Limited to theaters, auditoriums, and indoor amusement/entertainment facilities Max. Projection from
Building Wall
12 ft.; May project into public right-of-way with permit approval B Min. Vertical Clearance 8 ft. C
Placement Shall be affixed to a building wall directly above the primary public entrance of the use D Illumination Internal, direct illumination, or chase lights only

29-50 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Table 18.29-8 Monument Signs
A
B
Standards Requirements
Sign Type Monument
Max. Number 1 per street frontage or 1 per vehicle access point from street Max. Height 8 ft. A
Max. Area 0.5 s.f. per linear foot of property street frontage up to 50 s.f. B Max. Base Width The monument sign’s base must be at least 60% of the width of the sign.

Setbacks 6 ft. min. from vehicle access ways and 3 ft. min. from property lines Illumination Internal or external illumination
Min. Separation Shall be separated a min. of 75 ft. from monument signs on abutting properties and 100 ft. from monument signs on the same property
Landscaping Base area shall be located in an irrigated landscaped planting area

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-51 Table 18.29-9 Projecting Signs
A
B
C
Standards Requirements
Sign Type Projecting
Max. Number 1 per tenant space
Max. Area 24 s.f. A
Max. Projection from
Building Wall
6 ft.; May project into public right-of-way with permit approval B Min. Vertical Clearance 8 ft. C
Min. Horizontal Clearance 2 ft. from street or drive aisle curb Landscaping Internal illumination

29-52 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Table 18.29-10 Suspended Signs
A
B
C
Standards Requirements
Sign Type Suspended
Max. Number 1 per tenant space
Max. Area 5 s.f. A
Max. Projection from
Building Wall
No greater than the structure to which it is attached; May project into public right-of-way with permit approval
Min. Horizontal Clearance 2 ft. from street or drive aisle curb B Min. Vertical Clearance 8 ft. C
Illumination Internal or external illumination
Placement Shall be suspended below a ground-level awning, canopy, or ceiling of an arcade

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-53 Table 18.29-11 Wall Signs
A B
Standards Requirements
Sign Type Wall
Max. Number 1 per building frontage for single-tenant buildings and 1 per tenant space for multi-tenant buildings Max. Height Not to exceed the top of the parapet of the building wall to which it is attached A Max. Area See Subsection 18.29.040.F.5.a B
Max. Projection from
Building Wall
10 in.

Illumination Internal or external illumination
Placement Shall be attached to the building wall of the use associated with the sign; for multi-tenant buildings, shall be affixed to the portion of the wall where the business is located

29-54 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Table 18.29-12 Window Signs
A
Standards Requirements
Sign Type Window
Max. Area of Permanent
Sign
25% of window to which it is attached; Painted window signs and perforated vinyl signs are included in the 25% calculation
Illumination Non-illuminated, neon, or single- or two-color LED A Placement Permitted on windows on the ground floor and second story only

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-55

18.29.090 Permits and Administration for Form-Based Zoning Districts Subsections:

18.29.090.A Administrative Responsibility

18.29.090.B Common Permit Requirements

18.29.090.C Specific Permit Requirements

18.29.090.D Sign Permit Requirements

18.29.090.E Appeals

18.29.090.F Zoning Code Amendments

18.29.090.G Development Agreements

18.29.090.H Reasonable Accommodations

18.29.090.I Enforcement

18.29.090.A Administrative Responsibility
For all provisions related to administrative responsibility, see Chapter 18.100 (Administrative Responsibility).

18.29.090.B Common Permit Requirements
For all common permit requirements, see Chapter 18.104 (Common Permit Requirements).

18.29.090.C Specific Permit Requirements
For all common permit requirements, see Chapter 18.108 (Specific Permit Requirements).

18.29.090.D Sign Permit Requirements
For all sign permit requirements, see Section 18.88.030 (Required Permits) of Chapter 18.88 (Signs).

18.29.090.E Appeals
For all procedures related to appeals, see Chapter 18.112 (Appeals).

18.29.090.F Zoning Code Amendments
For all procedures related to Zoning Code Amendments, see Chapter 18.114 (Zoning Code Amendments).

18.29.090.G Development Agreements
For all procedures related to Development Agreements, see Chapter 18.116 (Development Agreements).

18.29.090.H Reasonable Accommodations
For all procedures related to reasonable accommodations, see Chapter 18.118 (Reasonable Accommodations).

18.29.090.I Enforcement
For procedures enforcement, see Chapter 18.120 (Enforcement).

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29-56 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-57

18.29.100 Definitions for Form-Based Zoning Districts
Subsections:

18.29.100.A “A” Terms

18.29.100.B “B” Terms

18.29.100.C “C” Terms

18.29.100.D “D” Terms

18.29.100.E “E” Terms

18.29.100.F “F” Terms

18.29.100.G “G” Terms

18.29.100.H “H” Terms

18.29.100.I “I” Terms

18.29.100.J “J” Terms

18.29.100.K “K” Terms

18.29.100.L “L” Terms

18.29.100.M “M” Terms

18.29.100.N “N” Terms

18.29.100.O “O” Terms

18.29.100.P “P” Terms

18.29.100.Q “Q” Terms

18.29.100.R “R” Terms

18.29.100.S “S” Terms

18.29.100.T “T” Terms

18.29.100.U “U” Terms

18.29.100.V “V” Terms

18.29.100.W “W” Terms

18.29.100.X “X” Terms

18.29.100.Y “Y” Terms

18.29.100.Z “Z” Terms

18.29.100.A “A” Terms

1. Active Ground Floor. A street frontage that allows for active visual engagement between the people outside of a structure and the use, activities, or people, located in the structure’s ground floor. In an active ground floor, the front facade of buildings and the main entrance face and open towards the right-of-way along which pedestrian access is provided.

2. Affordable Units. Units that are made available for rent at a price below the Fair Market Rent value, as recorded and updated from time to time by the City based on the U.S. Department of Housing and Urban Development data.

29-58 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Figure 18.29-2 Build-to-Zone

1. Architectural Feature. An architectural element, which alone or as part of a pattern, embodies the style, design, or general arrangement of the exterior of a building or structure, including but not limited to the kind, color, and texture of building materials, and style and type of windows, doors, lights, porches, and signs.

18.29.100.B “B” Terms

1. Block Face. The aggregate of all the building facades on one side of a block. The block face provides the context for establishing the architectural form of the edge of the block.

2. Bungalow Court. A group of detached buildings (ranging from three to nine separate units) arranged to define a shared courtyard that is generally perpendicular to the street. The shared courtyard is common open space and replaces the need for private rear yards. This type is scaled to fit within low and medium intensity walkable neighborhoods.

3. Build-to-Zone. The linear street frontage between the minimum and maximum setback lines along the front of a parcel and along the side street of a corner parcel in which a building must occupy for the established percentage of the street frontage.

4. Building Entrance. The place of pedestrian ingress and egress to a building most frequently used by the public.

5. Building Form. The overall shape and dimensions of a building.

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-59 Figure 18.29-3 Secondary Wing

6. Building, Main Body. The primary massing of a building.

7. Building, Secondary Wing. A part of a building or structure that is physically attached to the building or structure, but is secondary and incidental in terms of form and massing.

8. Building Type. A structure defined by a combination of its configuration, placement on a lot, and function.

18.29.100.C “C” Terms

1. Ceiling Height, Ground Floor. The height from the finished floor to the finished ceiling of primary rooms on the ground floor, not including secondary rooms such as bathrooms, closets, utility rooms, and storage spaces.

2. Civic. A term defining not-for-profit organizations that are dedicated to arts, culture, education, recreation, government, transit, and public parking facilities.

3. Corner Entry. A pedestrian entrance located on the corner of a building.

4. Courtyard. An unroofed area that is completely or partially enclosed by walls or buildings and often shared by multiple residential units or commercial spaces.

5. Courtyard Building. A building comprised of multiple attached and/or stacked units, accessed from one or more shared courtyards. The shared courtyard is common open space and replaces the need for private rear yards.

This type is often integrated into medium and high intensity walkable neighborhoods and can be applied in nonresidential contexts.

6. Covered Parking. A portion of a parking area in which a shade structure(s) has been installed to provide shade for parked vehicles.

29-60 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.100.D “D” Terms

1. Depth, Ground Floor Space. The distance from the street-facing facade to the rear interior wall of the groundfloor space available for a permitted use.

2. Development Services Director. The Development Services Director of the City of Morgan Hill or their designee, including Community Development Director. The Development Services Director is appointed by the City Manager.

3. Direct Illumination. Illumination resulting from light emitted directly from a bulb or light fixture, and not light diffused through translucent signs or reflected from other surfaces such as the ground or building face.

4. Distance Between Entries. The horizontal distance measured parallel to the facade between entrances to a building or buildings.

5. Duplex/Duet. A detached building consisting of two side-by-side or stacked units with shallow setbacks. For side-by-side units, both face the street with separate entrances; for stacked units, both are accessible via a single entrance or separate entrances that face the street. This type has the appearance of a house and is scaled to fit within low and medium intensity walkable neighborhoods.

18.29.100.E “E” Terms

1. Entry. An opening, such as a door, passage, or gate, that allows access to a building.

18.29.100.F “F” Terms

1. Facade, Primary. The exterior wall of a building facing a primary street.

2. Facade, Secondary. The exterior wall of a building facing a secondary street or side street.

3. Finish Level, Ground Floor. The height difference between the finished floor on the ground floor and the adjacent public sidewalk.

4. Footprint. The outline of the area of ground covered by the foundations of a building or structure.

5. Forecourt. The main facade of the building is at or near the right-of-way and a portion (usually the central portion) is set back, creating a courtyard space. The space may be used as an entry court, shared garden area, or additional shopping or restaurant seating area.

6. Frontage. A strip of land abutting a thoroughfare, civic space, or other public right-of-way. a. Frontage Private. The area between the building facade and the shared lot line between the public right-ofway and the lot. b. Frontage Public. The area between the curb of the vehicular lanes and the edge of the right-of-way.

7. Frontage Line. The lot line(s) of a lot fronting a thoroughfare or other public way, or a civic space.

8. Front Yard. The main facade of the building has a large, landscaped area between the building and the right-ofway providing a separation from the street. The front yard is visually continuous with adjacent yards and supports a landscape in conjunction with other private frontages.

18.29.100.G “G” Terms

1. Ground Floor. The floor of a building located nearest to the level of the ground around the building.

18.29.100.H “H” Terms

1. House. A detached building with one dwelling unit, shallow setbacks, a rear yard, and located within a low intensity walkable neighborhood.