4 8. Articulation and Visual Interest. The proposed development uses vertical and horizontal articulation appropriately to add visual interest, distinctiveness and human scale. Doors, windows, canopies and building projections are integrated with the design to relate to human scale. Storefront trim, banding, mullion design and canopies contribute to the visual interest of the building.
9. Materials. The building facades include a mix of materials including stucco, glass, steel and wood and appropriately designed for this architectural style and compatible with the surrounding development.
10. Parking and Access. Primary access to the project site would be provided from a 35-footwide driveway in the southern corner of the project site, which would connect to the existing easement north of the medical office and allow vehicles to both enter and exit the project site. A second 22-foot-wide entrance-only driveway would be provided from Cochrane Road, at the northwest corner of the site.
11. Landscaping. The proposed landscape planting provides new trees, screen planting, and shrubs that will enhance the surrounding area and are appropriate to the site.
12. Open Space and Public Places. The proposed development provides a covered outdoor seating area in addition to the indoor seating provided.
13. Signs. The proposed address signage is appropriate and compatible with the project design and surrounding context. A separate sign application will be submitted for project signage.
14. Lighting. The proposed exterior lighting is designed and located to minimize illumination of the sky and adjacent properties.
15. Accessory Structures. The proposed development provides for enclosed trash collection.
These accessory structures utilize the same material, color and design as the primary structure.
16. Mechanical Equipment, Trash Receptacles, and Utilities. The proposed development provides enclosures for trash receptacles and utilities are screened by landscaping.
CONCLUSION:
Staff recommends approval of the proposed Conditional Use Permit and Design Permit.
CEQA (California Environmental Quality Act):
An Initial Study was prepared (Attachment 5) that supports a determination that the proposed project qualifies for an exemption under CEQA Guidelines Section 15332, Class 32 for infill developments that meet the following criteria:
1. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
2. The proposed development is within the city limits on a project site of no more than five acres substantially surrounded by urban uses.
3. The project site has no value as habitat for endangered, rare, or threatened species.
4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
5. The site can be adequately served by all required utilities and public services.
The following additional studies were conducted as a part of the Initial Study to further support the
4 CEQA exemption determination:
Appendix A: Trip Generation and Operations Analysis: It was determined that the addition of project traffic would not result in the degradation of the nearby intersections’ LOS (Level of Service) during the AM and PM peak hours under both existing plus Project Conditions and Year 2030 Cumulative with Project Conditions. (Attachment 6)
Appendix B: Air Quality and Greenhouse Gas Modeling: It was determined that the proposed project would result in maximum construction and operational criteria air pollutant emissions that are below the applicable thresholds. (Attachment 7)
Appendix C: Environmental Noise and Vibration Assessment (Attachment 8) – None of the noise generation sources including those listed below would substantially increase noise levels from what currently exists in the project area;
• Parking lot movements
• Drive-through operations (vehicle passages and amplified menu speaker board) • On-site vehicle circulation
• Outdoor patio noise (patrons conversing)
• Delivery truck circulation and delivery activities
• Non-transportation sources, such as landscaping, maintenance, and heating ventilation and air conditioning (HVAC) equipment.
Appendix D: Vehicle Miles Traveled (VMT) Assessment: The proposed project would not result in an impact on the transportation system based on OPR’s recommended VMT impact criteria. (Attachment 9)
COMMUNITY ENGAGEMENT:
The proposed project was publicly noticed (mailing to property owners within 300 feet of the project and newpaper legal noticing) for the minimum 10-day period. A sign was also posted on the site regarding the pending project.
The following correspondence have been received:
Email correspondence dated 2/9/23 from Joanne Conca (owner of adjacent property 18525 Sutter Blvd.) in opposition to the Conditional Use Permit. (Attachment 10) Additional email correspondence received from Joanne Conca dated June 20, 2023 and August 21, 2023 is also attached.
Memorandum dated March 20, 2023 from Basil S. Shiber, attorney representing Chick-fil-a, regarding Access Easement issue. (Attachment 11)
ATTACHMENTS:
1. Planning Commission Resolution No. 23-08 Use Permit
2. Planning Commission Resolution No. 23-09 Design Permit
3. Statement of Operations
4. MHRBP PUD Ordinance
5. Initial Study
6. IS Appendix A - Trip Generation and Operations Analysis
7. IS Appendix B - Air Quality and Greenhouse Gas
8. IS Appendix C - Noise and Vibration Assessment
9. IS Appendix D - Vehicle-Miles Traveled (VMT) Assessment - August 29, 2023
10. Email from Joanne Conca
4 11. Memorandum re Access Easement
12. Building Elevations
13. Evergreen Village Plan
14. Design Review Final Plans
15. Use Permit Final Plans
16. Supplemental #1 - Public Comment and Staff's Response
17. Supplemental #2 Staff Presentation
18. Supplemental #3 Public Comment and Staff's Response
Item 4
Attachment 1
RESOLUTION NO. 23-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MORGAN HILL APPROVING A CONDITIONAL USE
PERMIT (UP2022-0007), TO ALLOW AN APPROXIMATELY
5,000 SQUARE FOOT DRIVE-THROUGH RESTAURANT
LOCATED ON THE SOUTHWEST CORNER OF COCHRANE
RD. AND SUTTER BLVD. (APNS 726-32-002, 022)
WHEREAS, on December 7, 2022 an application was submitted by 4G Development on behalf of Chick-fil-a for the request of a conditional use permit to allow an approximately 5,000 square foot drive-through restaurant including the demolition of the existing building; and
WHEREAS, such request was considered by the Planning Commission at its regular meeting of September 26, 2023; and
WHEREAS, pursuant to the Morgan Hill Municipal Code Section 18.136.050.A, the Director of Development Services determined the project exempt from the California Environmental Quality Act (CEQA) as it meets the criteria for the Infill Development Project Exemption (Guidelines Section 15332); and
WHEREAS, testimony was received at the duly noticed public hearing, along with exhibits and drawings and other materials on August 22, 2023; and WHEREAS, the public hearing, was continued to the Planning Commission meeting on September 26, 2023; and
WHEREAS, testimony was received at the duly noticed public hearing, along with exhibits and drawings and other materials on September 26, 2023; and WHEREAS, the City of Morgan Hill is the lead agency on the Project, and the Planning Commission is the decision-making body for the proposed Project.
NOW, THEREFORE, THE MORGAN HILL PLANNING COMMISSION DOES RESOLVE AS FOLLOWS:
SECTION 1. The Project approved pursuant hereto is exempt from the California Environmental Quality Act (CEQA) as the environmental checklist provides substantial evidence that the proposed project can be considered exempt from the California Environmental Quality Act on the basis that it meets the criteria for the Infill Development Project Exemption (Guidelines Section 15332) and does not meet any of the exceptions for exemptions (Guidelines Section 15300.2).
SECTION 2. The approved Conditional Use Permit has been found consistent with the Findings of approval contained in Section 18.108.030 of the Zoning Code
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Resolution No. 23-08
and hereby adopted:
a. The proposed use is allowed in the applicable district.
Drive-through facilities are identified as a “Conditional Use” in the CG General Commercial Zoning District as referenced in the Morgan Hill Ranch Business Park Planned Unit Development Zoning.
b. The proposed use is consistent with the General Plan, Zoning Code, and any applicable specific plan or area plan adopted by the City Council.
The proposed use is considered a commercial use that is consistent with the Commercial General Plan designation on the site. The project is consistent with the CG zoning on the property. The proposed site plan conforms with the Development Standards of the Morgan Hill Business Park Planned Unit Development zoning district and the Design Review Handbook for commercial uses. The proposed project enhances the existing use by redeveloping the site, and if approved, will construct the facility to meet all the development standards within the zoning district. c. The site is suitable and adequate for the proposed use.
The site is appropriately zoned and of adequate size to accommodate the proposed use. The project as proposed conforms with the supplemental standards for drive-through facilities in MHMC Chapter 18.92.040 including drive-through lane capacity and intersection separation requirements. d. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the property.
The proposed restaurant is located within a primarily commercial area and is similar in size, design and operating characteristics with similar existing and planned drive-through uses within the adjacent Evergreen Village shopping center and in the Cochrane Plaza to the east on Cochrane Road. e. The proposed use will not be detrimental to the public health, safety, and welfare.
The project's operations would not adversely affect public health, safety, or welfare as it conforms with the applicable Zoning code, Morgan Hill Business Ranch development standards, and Municipal code performance standards for drive-through uses. Noise analysis was performed to demonstrate that the surrounding uses would not be impacted by noise
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Resolution No. 23-08
from the new restaurant operations. The project will comply with stormwater and building code requirements.
f. The proposed use would not have a substantial adverse effect on traffic circulation and on the planned capacity of the street system.
An intersection level of service analysis was performed that shows that intersections in the vicinity currently operate at an acceptable LOS D or better conditions under existing conditions, and the addition of project traffic would not result in the degradation of the study intersections’ levels of service during the AM and PM peak hours under existing plus project conditions. The planned median closure on Sutter Blvd will also improve traffic operations as discussed within the staff report. g. The proposed use is properly located within the city and adequately served by existing or planned services and
infrastructure.
The proposed project is a redevelopment of an existing restaurant site and is located within a developed area, and within the Urban Service Area that is adequately served by existing or planned services and infrastructure.
SECTION 4. The Planning Commission hereby approves the Conditional Use Permit subject to the conditions set forth in Exhibit A attached hereto and incorporated herein this reference. Any expansion, intensification, or changes to the use approved under this conditional use permit deemed major by the Development Services Director shall be permitted only upon amendment of this Conditional Use Permit or approval of a separate Conditional Use Permit application.
PASSED AND ADOPTED THIS 26th DAY OF SEPTEMBER 2023, AT A REGULAR MEETING OF THE PLANNING COMMISSION BY THE FOLLOWING VOTE:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
City of Morgan Hill
Resolution No. 23-08
ATTEST: APPROVED:
___________________________ ______________________________ JENNA LUNA, Deputy City Clerk WAYNE TANDA, Chair
City of Morgan Hill
Resolution No. 23-08
EXHIBIT "A"
STANDARD CONDITIONS
APPLICATION NO: UP2021-0002/EA2021-0001
THE FOLLOWING APPROVAL REQUIREMENTS AND ANY SPECIAL CONDITIONS SHALL BE APPLIED THROUGH THE DEVELOPMENT APPROVAL PROCESS.
Legend
MHMC= Morgan Hill Municipal Code
MHARH= Morgan Hill Architectural Review Handbook
CMH= City of Morgan Hill
CFC= California Fire Code
I. PROJECT DESCRIPTION
The proposed project includes a Conditional Use Permit to allow an approximately 5,000 square foot drive-through restaurant on a 1.63-acre property, presently developed with a vacant 6,900 square foot restaurant building (formerly Marie Callender's & Forbes Grill) that is proposed to be demolished.
II. PROJECT CONDITIONS OF APPROVAL
It shall be the responsibility of the applicant to ensure that any changes or modifications to the Project are in compliance with the original City Conditions of Approval of the Project, which are hereby incorporated herein as set forth in full.
PLANNING DIVISION
A. Conditional Use Permit. This Conditional Use Permit approval is limited to the Project Description above and the plan set on file (UP2022-0007) with the Development Services Department. The proposal will require approval of a Design Permit prior to submittal of a building permit. The approved building plans and landscape plans must be in substantial conformance with the approved Use Permit and future Design Permit plans as determined by the Development Services Director.
B. Time Limits: The conditional use permit approval granted pursuant to this Resolution shall remain in effect for two years from the approval date. Failure to exercise this use within this term shall result in termination of approval unless an extension of time is granted with a showing of just cause prior to the expiration date. (MHMC 18.108.040 and 18.104.210)
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Resolution No. 23-08
C. A queue management plan is required prior to the issuance of a building permit to be implemented during abnormally high demand periods to ensure that circulation within the site parking lot and on adjacent drive aisles would not be negatively affected by drive-through operations.
D. Access shall be continually maintained to Sutter Blvd. at the applicant’s sole cost and expense.
E. The Conditional Use Permit is approved solely for the operation of a drive-through restaurant as described in the applicant’s proposed statement of operations on file with the Planning Division and as explained in the staff report. Any expansion, intensification, or changes to the uses approved under this Conditional Use Permit shall be permitted only upon amendment of this Conditional Use Permit or approval of a separate Conditional Use Permit.
F. Defense and Indemnity. As part of, and in connection, with this application to the City of Morgan Hill, Applicant agrees to defend, indemnify, and hold harmless the City of Morgan Hill, its officers, agents, employees, officials and representatives (Indemnitees) from and against any and all claims, actions, or proceedings arising from any suit for damages or for equitable or injunctive relief which is filed against City to attack, set aside, void or annul its approval of this application or any related decision, or the adoption of any environmental documents which relates to said approval. The City shall promptly notify the Applicant of any such claim, action or proceeding and the City shall cooperate fully in the defense thereof. In the event that Applicant is required to defend Indemnitees in connection with the proceeding, Indemnitees shall retain the right to approve (a) the counsel to so defend Indemnitees; (b) all significant decisions concerning the manner in which the defense is conducted; and (c) any and all settlements, which approval shall not be unreasonably withheld. This indemnification shall include but is not limited to, (a) all pre-tender litigation costs incurred on behalf of the City, including City's attorney's fees and all other litigation costs and expenses, including expert witnesses, required to defend against any lawsuit brought as a result of City's approval or approvals; (b) reasonable internal City administrative costs, including but not limited to staff time and expense spent on the litigation, after tender is accepted; and (c) all damages, costs, expenses, attorney fees or expert witness fees that may be awarded to the prevailing party arising out of or in connection with the approval of the application or related decision. City may, in its sole discretion, participate in the defense of such action; but such participation shall not relieve Applicant of its obligations under this condition. The undersigned hereby represents that they are the Applicant or are fully empowered by the Applicant their agent to agree to provide the indemnification, defense and hold harmless obligations, and the signature below represents the unconditional agreement by Applicant to be bound by such conditions.
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Resolution No. 23-08
ENGINEERING DIVISION
A. The Design Permit will be reviewed for compliance with the Municipal Code including but not limited to the on- and off-site improvements and storm water control plan.
B. The project will be subject to impact fees prior to issuance of any future building permit.
BUILDING DIVISION
A. California Code of Regulations: The Project shall be designed to comply with the edition of the California Codes of Regulations as amended by the Morgan Hill Municipal Code Title 15 that is in effect at the time of Building Permit Application submittal. The project shall be designed to comply with the most current California Code of Regulations as amended by Morgan Hill Municipal Code Title 15.
B. Project shall comply with the Morgan Hill Municipal Code (MHMC) including but not limited to:
• MHMC 15.65 Sustainable Building Regulations. LEED Silver Required • MHMC 18.72.04015.62 C. Electric Vehicle Charging Infrastructure. • MHMC 15.40 Building Security
• MHMC 15.38 Wage Theft Preventions
• MHMC 18.148 Water Conservation
• MHMC 15.63 Prohibition of Natural Gas Infrastructure in New Buildings
POLICE DEPARTMENT
A. Safety and Security Plan. The Police Department shall review and approve a safety and security plan for the facility including a security camera plan prior to the issuance of a building permit.
B. Camera Access. The Police department will require access to camera feed and camera recordings to be able to view real time and recorded footage if/when required.
Item 4
Attachment 2
RESOLUTION NO. 23-09
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF MORGAN HILL APPROVING A DESIGN
PERMIT TO ALLOW FOR THE CONSTRUCTION OF AN
APPROXIMATELY 5,000 SQUARE FOOT DRIVETHROUGH RESTAURANT LOCATED ON THE SOUTHWEST CORNER OF COCHRANE RD. AND
SUTTER BLVD. (APNS 726-32-002, 022)
WHEREAS, on December 7, 2022, 4G Development and Consulting applied for a Design Permit on behalf of Chick-fil-a to construct an approximately 5,000 square foot drive-through restaurant (SR2022-0024: Sutter – Chick-fil-a); and WHEREAS, testimony was received at the duly noticed public hearing, along with exhibits and drawings and other materials on August 22, 2023; and WHEREAS, the public hearing, was continued to the Planning Commission meeting on September 26, 2023; and
WHEREAS, testimony was received at the duly noticed public hearing, along with exhibits and drawings and other materials on September 26, 2023; and WHEREAS, an Initial Study was prepared that supports a determination that the proposed project qualifies for an exemption under CEQA Guidelines Section 15332, Class 32 for infill developments; and
WHEREAS, this project is located within the Morgan Hill Ranch Business Park PUD and is consistent with the development projections analyzed in the EIR for the project site. The Project also is designed to be consistent with the development standards in the General Plan and Zoning Code.
NOW, THEREFORE, THE MORGAN HILL PLANNING COMMISSION DOES RESOLVE AS FOLLOWS:
SECTION 1. The project is consistent with the Morgan Hill Ranch Business Park Planned Development, Zoning Ordinance, and General Plan.
SECTION 2. The Design Review has been found consistent with the criteria for Design Review permit approval contained in Section 18.108.040 of the Morgan Hill Municipal Code. The proposed project is in compliance with all applicable design standards and guidelines contained in the Design Review Handbook.
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Resolution No. 23-09
SECTION3. The Planning Commission approves SR2022-0024. The design shall be expressly conditioned in conformance with conditions incorporated herein and as attached as Exhibit “A”. Minor deviations to the site review permit may be approved by the Development Services Director when consistent with the overall intent of the project.
PASSED AND ADOPTED THIS 26th DAY OF SEPTEMBER 2023, AT A REGULAR MEETING OF THE PLANNING COMMISSION BY THE FOLLOWING VOTE:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
____________________________ ____________________________ JENNA LUNA, Deputy City Clerk WAYNE TANDA, Chair
City of Morgan Hill
Resolution No. 23-09
EXHIBIT "A" STANDARD CONDITIONS
APPLICATION NO: SR2022-0024
THE FOLLOWING APPROVAL REQUIREMENTS AND ANY SPECIAL CONDITIONS SHALL BE APPLIED THROUGH THE DEVELOPMENT APPROVAL PROCESS.
Legend
MHMC= Morgan Hill Municipal Code
MHARH= Morgan Hill Architectural Review Handbook
CMH= City of Morgan Hill
CFC= California Fire Code
I. PROJECT DESCRIPTION
A Design Permit is requested to construct an approximately 5,000 square foot drivethrough restaurant on a 1.63-acre property, presently developed with a vacant 6,000 square foot restaurant (formerly Marie Callender's) that is proposed to be demolished.
The project includes an additional approximately 8,400 square feet area for landscaping and sidewalk improvements within the easement on the adjoining property to the south at 18525 Sutter Blvd.
The project shall comply with all requirements of related project approvals granted by the City, including all of the following:
II. PROJECT CONDITIONS OF APPROVAL
This Design Permit approval is limited to the plan set on file (SR2022-0024) with the Development Services Department. The approved building plans and landscape plans must be in substantial conformance with the Design Review plans as determined by the Development Services Director. These documents show the location and dimensions of all buildings and elevations with colors and materials, amenities and square footage for all common areas, and vehicle and pedestrian circulation ways (ingress/egress), common areas, and other easement areas.
It shall be the responsibility of the applicant to ensure that any changes or modifications to the Project or any Unit are in compliance with the original City Conditions of Approval of the Project, which are incorporated herein.
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Resolution No. 23-09
PLANNING DIVISION
DEFENSE AND INDEMNITY
A. As part of, and in connection, with this application to the City of Morgan Hill, Applicant agrees to defend, indemnify, and hold harmless the City of Morgan Hill, its officers, agents, employees, officials and representatives (Indemnitees) from and against any and all claims, actions, or proceedings arising from any suit for damages or for equitable or injunctive relief which is filed against City to attack, set aside, void or annul its approval of this application or any related decision, or the adoption of any environmental documents which relates to said approval. The City shall promptly notify the Applicant of any such claim, action or proceeding and the City shall cooperate fully in the defense thereof. In the event that Applicant is required to defend Indemnitees in connection with the proceeding, Indemnitees shall retain the right to approve (a) the counsel to so defend Indemnitees; (b) all significant decisions concerning the manner in which the defense is conducted; and (c) any and all settlements, which approval shall not be unreasonably withheld. This indemnification shall include, but is not limited to, (a) all pre-tender litigation costs incurred on behalf of the City, including City's attorney's fees and all other litigation costs and expenses, including expert witnesses, required to defend against any lawsuit brought as a result of City's approval or approvals; (b) reasonable internal City administrative costs, including but not limited to staff time and expense spent on the litigation, after tender is accepted; and (c) all damages, costs, expenses, attorney fees or expert witness fees that may be awarded to the prevailing party arising out of or in connection with the approval of the application or related decision. City may, in its sole discretion, participate in the defense of such action; but such participation shall not relieve Applicant of its obligations under this condition. The undersigned hereby represents that they are the Applicant or are fully empowered by the Applicant as their agent to agree to provide the indemnification, defense and hold harmless obligations, and the signature below represents the unconditional agreement by Applicant to be bound by such conditions.
TIME LIMITS
A. Term: The Design Review approval granted pursuant to this Resolution shall remain in effect for two years to September 26, 2025. Failure to obtain building permits within this term shall result in termination of approval unless an extension of time is granted with a showing of just cause prior to expiration date. (MHMC
18.108.040)
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Resolution No. 23-09
SITE DEVELOPMENT
A. Final Site Development Plans: Final site development plans shall be reviewed for conformance with Design Permit SR2022-0024 and in accordance with Morgan Hill Municipal Code Section 18.108.040 (Design Permit) and approved by the Development Services Department prior to issuance of a building permit.
All such plans shall include:
1. Detail depicting all concrete curbs as full formed.
2. Exterior lighting of the building and site shall be designed so that lighting is not directed onto adjacent properties and light source is shielded from direct off-site viewing.
3. Ramps, special parking spaces, signing and other physical features for the disabled, shall be provided throughout the site for all publicly used facilities.
4. All mechanical equipment, including electrical and gas meters, post indicator valve, backflow prevention devices, etc., shall be architecturally screened from view or located interior to the building. All ground mounted utility appurtenances such as transformers shall not be visible from any public right-of-way and shall be adequately screened through the use or combination of concrete or masonry walls, berming, and landscaping. (MHARH p.20, 45, 79) For additional screening, backflow preventers shall be painted dark green, except the fire connection which shall be painted yellow.
5. All existing on-site overhead utilities shall be placed underground in an approved conduit from the service connection at the street or at the property line to the service connection at the building as detailed in engineering conditions within this document.
6. To the extent acceptable to end users, implement good faith Transportation Demand Management Plan measures to promote alternate means of transportation and reduce single occupancy vehicle trips to and from the Project.
B. Prohibition of Natural Gas Infrastructure in New Buildings. In accordance with Chapter 15.63 of the Municipal Code, future tenants will be required to demonstrate the need for gas service for manufacturing and other business uses.
Natural gas shall not be used for heating and cooling of the building.
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Resolution No. 23-09
C. Tree Protection: Unless tree removal is approved, all trees located within 25 feet of any site disturbance shall be protected using the following minimum protection measures (these guidelines shall be included with all site development plans):
1. Mark all trees to be saved with a survey flag or ribbon. Do not nail or staple directly to the tree.
2. Erect a temporary fence enclosing an area equal to at least the dripline of the tree (or as far from the trunk as possible). This tree protection zone shall not be used for parking, storage of building materials, or other equipment or the placement of temporary or permanent fill. Signs should be posted identifying the restriction of uses in the tree protection zone.
3. Locate structures, grade changes, and other ground or surface disturbances (e.g., concrete pours) as far as feasible from the “dripline” area of the tree.
4. Avoid root damage through grading, trenching, and compaction, at least within an area 1.5 times the dripline area of the tree. Where root damage cannot be avoided, roots encountered over 1 inch in diameter should be exposed approximately 12 inches beyond the area to be disturbed (towards the tree stem), by hand excavation, or with specialized hydraulic or pneumatic equipment, cut cleanly with hand pruners or power saw and immediately backfilled with soil. Avoid tearing or otherwise disturbing that portion of the roots to remain.
5. The addition of plant or other landscaping materials shall remain outside of the dripline of all trees.
6. All ordinance size trees proposed to be removed from the project site shall be replaced at a 1:1 ratio in accordance with approved landscape plan.
BUILDING DESIGN
A. Roof Mounted Mechanical Equipment: All roof mounted mechanical equipment shall be placed within a screened roof top enclosure depicted on the elevation drawings or located below the parapet level and shall not be visible from the ground at any distance from the building. Cross section roof drawings shall be provided at the building permit stage indicating the relative height of the screen
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Resolution No. 23-09
wall or parapet. Minimum screen height or parapet depth shall be 5 feet or greater to match the height of any proposed equipment. (MHARH p.48, 65, 87, 106) B. Building Mounted Lighting: Lighting fixtures shall not project above the facia or roofline of the building. Any ground mounted lighting projecting onto the building or site shall be subject to the review and approval of the Development Services Director. Adjustment to the lighting intensity may be required after the commencement of the use. (MHARH p. 67, 109)
PARKING, VEHICULAR ACCESS AND LANDSCAPING
A. Parking Lot Landscaping: All landscaping within parking lots shall comply with the requirements of Chapter 18.72 (Landscaping) in addition to the standards within this section.
1. Interior Landscaping. All areas within a parking lot not utilized for parking spaces or access/circulation shall be landscaped. For parking lots with more than fifteen spaces, the minimum amount of interior landscaping is specified in Table 18.72-6. Interior landscaping is defined as any landscaped area surrounded on at least two sides by parking spaces or drive aisles, and excluding areas around the perimeter of the parcel or development site.
2. Shade Trees.
a. One shade tree shall be provided for every five parking spaces in a parking lot.
b. Shade trees shall be a minimum twenty-four-inch box in size and shall provide a minimum thirty-foot canopy at maturity.
c. Shade trees shall be of a type that can reach maturity within fifteen years of planting and shall be selected from a city-recommended list of canopy tree species.
d. Shade trees shall be arranged in a parking lot to provide maximum shade coverage (based on a thirty-foot canopy) on August 21. The arrangement should approximate nearly fifty percent shade coverage.
3. Concrete Curbs.
a. All landscape areas shall be separated from parking spaces, drive aisles and driveways by a continuous, raised concrete curb. Raised concrete curbs shall be a minimum of six inches high by four inches deep.
b. The city may approve alternatives to raised concrete curbs as needed to comply with any mandatory stormwater drainage standards.
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Resolution No. 23-09
4. Parking Space Landscaping. A maximum of two feet at the front end of a parking space may be landscaped with low shrubs or ground cover in which a vehicle could extend over in lieu of paving surface. This landscaping may not count toward minimum required parking lot landscaped area.
5. Timing. Adjacent parking lot landscaping shall be installed prior to the city's authorization to occupy any buildings served by the parking area, or prior to the final inspection for the parking lot.
6. Exterior Parking Lot Lighting: For projects with more than six parking spaces, detailed lighting information is provided in compliance with Section
18.72.060.G of the Morgan Hill Municipal Code. Lights shall use cut-off shields and be downward directed.
B. Planting and Irrigation Working Drawings: Detailed landscape planting and irrigation working drawings shall be submitted to the Development Services Director for approval prior to issuance of building permits. Landscape plans for streets and landscape easements shall be part of the improvement plan submittal.
C. Lighting: Walkways and pedestrian pathways in landscaped areas or common areas not considered building entrances or a part of parking lot areas shall be illuminated with a minimum of one (1) foot-candle to ensure safe nighttime conditions. (MHARH p.30, 67, 108)
D. Maintenance of Landscaping: The landscaping installed and accepted with this project shall be maintained on the site as stated within the approved plans. Any alteration or modification to the landscaping shall not be permitted unless otherwise approved by the Development Services Director.
E. Water Conserving Landscaping Ordinance: The landscape plans shall be in conformance with the City’s Water Conserving Landscape Ordinance that was developed in accordance with California law. This Ordinance restricts landscaping turf to certain areas, specifies plant selection, requires certain types of irrigation equipment, and calls for the development of comprehensive water use calculations as an aspect of the submitted landscape plans. (MHMC 18.64) SIGNS
A. Separate Application Required for Sign Approval: Signs proposed for this development shall be designed in conformance with the Morgan Hill Business Park Sign program and shall require separate application and approval by the Planning Division prior to installation of any signs.
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Resolution No. 23-09
HABITAT PLAN
A. Fees: The approved project is covered pursuant to the Santa Clara Valley Habitat Plan (Habitat Plan) and subject to fees and conditions contained in the Habitat Plan.
B. Application Package: Prior to issuance of a grading permit, the project shall complete and submit a Habitat Plan Application Package. All fees shall be paid prior to issuance of a grading permit. (MHMC 18.132)
C. Conditions: Any additional conditions or mitigations required by the Habitat Plan shall be clearly stated on all plans that involve any ground disturbing activity (i.e., grading plans, improvement plans, paving plans, demolition plans or other plans for site clearing or temporary stockpile of dirt). (MHMC 18.132)
AIR QUALITY
A. Dust, Noise, Vibration and Materials Management Plan:
A management plan detailing strategies for control of noise, dust and vibration, and storage of hazardous materials during construction of the project shall be submitted for review prior issuance of a grading permit and requirements shall be included on all site development and grading plans. The intent of this condition is to minimize construction related disturbance of residents of the nearby or adjacent properties. (MHMC 18.76)
1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
4. All vehicle speeds on unpaved roads shall be limited to 15 mph.
5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
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6. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
7. All trucks and equipment, including their tires, shall be washed off prior to leaving the site.
8. Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a six- to 12-inch layer of compacted layer of wood chips,mulch, or gravel.
9. Publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations.
CULTURAL RESOURCES
A. Significant historic or archaeological materials: A moderate potential exists for unrecorded historic-period archaeological resources to be within the project area. The developer shall enter into written contracts with an archaeologist and the Tamien Nation Tribe, and pay all fees associated with the activities required by this condition. The following policies and procedures for treatment and disposition of inadvertently discovered human remains or archaeological materials shall apply:
1. Prior to start of grading or earthmoving activity on the “first day of construction”, the archaeologist and Tamien Nation Tribal Monitor shall hold a pre-construction meeting for the purposes of "cultural sensitivity training" with the general contractor and subcontractors.
2. A Tamien Nation Tribal Monitor shall be present on-site to monitor all ground-disturbing activities and an archaeologist shall be on-call. Where historical or archaeological artifacts are found, work in areas where remains or artifacts are found will be restricted or stopped until proper protocols are met, as described below:
a. Work at the location of the find will halt immediately within fifty feet of the find. If an archaeologist is not present at the time of the discovery, the applicant shall contact an archaeologist for evaluation of the find to determine whether it qualifies as a unique
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archaeological resource as defined by this chapter.
b. If the find is determined not to be a Unique Archaeological Resource, construction can continue. The archaeologist will prepare a brief informal memo/letter in collaboration with a tribal representative that describes and assesses the significance of the resource, including a discussion of the methods used to determine significance for the find.
c. If the find appears significant and to qualify as a unique archaeological resource, the archaeologist will determine if the resource can be avoided and will detail avoidance procedures in a formal memo/letter; and
d. If the resource cannot be avoided, the archaeologist in collaboration with a tribal representative shall develop within forty-eight hours an action plan to avoid or minimize impacts. The field crew shall not proceed until the action plan is approved by the Development Services Director. The action plan shall be in conformance with California Public Resources Code 21083.2.
3. The following policies and procedures for treatment and disposition of inadvertently discovered human remains or archaeological materials shall apply. If human remains are discovered, it is probable they are the remains of Native Americans,
a. If human remains are encountered, they shall be treated with dignity and respect as due to them. Discovery of Native American remains is a very sensitive issue and serious concern. Information about such a discovery shall be held in confidence by all project personnel on a need-to-know basis. The rights of Native Americans to practice ceremonial observances on sites, in labs and around artifacts shall be upheld.
b. Remains should not be held by human hands. Surgical gloves should be worn if remains need to be handled.
c. Surgical masks should also be worn to prevent exposure to pathogens that may be associated with the remains.
4. In the event that known or suspected Native American remains are encountered, or significant historic or archaeological materials are discovered, ground-disturbing activities shall be immediately stopped.
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Examples of significant historic or archaeological materials include, but are not limited to, concentrations of historic artifacts (e.g., bottles, ceramics) or prehistoric artifacts (chipped chert or obsidian, arrow points, ground stone mortars and pestles), culturally altered ash stained midden soils associated with pre-contact Native American habitation sites, concentrations of fire-altered rock and/or burned or charred organic materials and historic structure remains such as stone lined building foundations, wells or privy pits. Ground-disturbing project activities may continue in other areas that are outside the exclusion zone as defined below.
5. An "exclusion zone" where unauthorized equipment and personnel are not permitted shall be established (e.g., taped off) around the discovery area plus a reasonable buffer zone by the contractor foreman or authorized representative, or party who made the discovery and initiated these protocols, or if on-site at the time or discovery, by the monitoring archaeologist and tribal representative (typically twenty-five to fifty feet for single burial or archaeological find).
6. The discovery locale shall be secured (e.g., 24-hour surveillance) as directed by the City or County if considered prudent to avoid further disturbances.
7. The Contractor Foreman or authorized representative, or party who made the discovery and initiated these protocols shall be responsible for immediately contacting by telephone the parties listed below to report the find and initiate the consultation process for treatment and disposition:
• The City of Morgan Hill Development Services Director (408) 779- 7247
• The Contractor’s Point(s) of Contact
• The Coroner of the County of Santa Clara (if human remains found) (408) 793-1900
• The Native American Heritage Commission (NAHC) in Sacramento (916) 653-4082
• The Amah Mutsun Tribal Band (916) 481-5785 (H) or (916) 743- 5833 (C)
• The Tamien Nation (707)295-4011 (office) and (925)336-5359 (THPO)
8. The coroner has two working days to examine the remains after being notified of the discovery. If the remains are Native American, the Coroner has 24 hours to notify the NAHC.
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9. The NAHC is responsible for identifying and immediately notifying the Most Likely Descendant (MLD). (Note: NAHC policy holds that the Native American Monitor will not be designated the MLD.)
10. Within 24 hours of their notification by the NAHC, the MLD will be granted permission to inspect the discovery site if they so choose.
11. Within 24 hours of their notification by the NAHC, the MLD may recommend to the City’s Development Services Director the recommended means for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The
recommendation may include the scientific removal and non-destructive or destructive analysis of human remains and items associated with Native American burials. Only those osteological analyses or DNA analyses recommended by the appropriate tribe may be considered and carried out.
12. If the MLD recommendation is rejected by the City of Morgan Hill the parties will attempt to mediate the disagreement with the NAHC. If mediation fails, then the remains and all associated grave offerings shall be reburied with appropriate dignity on the property in a location not subject to further subsurface disturbance.
GENERAL
A. Mitigation Fee Act: Notice is hereby given that, pursuant to the Mitigation Fee Act, the City of Morgan Hill charges certain fees (as such term is defined in Government Code Section 66000) in connection with approval of this development project for the purpose of defraying all or a portion of the cost of public facilities related to this development project (Mitigation Fee Act Fees).
These fees do not include fees for processing applications for governmental regulatory actions or approvals, fees collected as part of development agreements, or as a part of the application for the City’s Residential Development Control System. The Mitigation Fee Act Fees applying to this project are listed in the schedule of fees to be provided at building permit stage. Notice is also hereby given that the Developer has an opportunity to protest the imposition of the Mitigation Fee Act Fees within 90 days of the approval or conditional approval of this development project and that the 90-day protest period has begun.
B. Signed Copies of Resolution with Conditions: Submit two (2) signed copies of the resolution with conditions to the Planning Division prior to issuance of a building permit.
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ENGINEERING DIVISION
I. General:
A. Easements:
1. The new private bioretention facility near the Cochrane Road frontage is allowed to be located within the existing 40’ Landscape & Public Service Easement. The width of this bioretention facility shown on the plans for Design Permit approval is the width approved by the City Engineer.
2. The project is also proposing a new public sidewalk adjacent to Sutter Boulevard frontage. The entire length of the new public sidewalk shall be located either within the existing 20’ Landscape & Public Service Easement or within the Sutter Boulevard right-of-way.
3. The project is proposing new landscape improvements and grading/pavement work over an existing drive aisle, with a 60’ ingress/egress easement, shared with the adjacent southerly parcel with medical office building and with APN:
726-32-022. At building permit/improvement plan stage, provide written confirmation from the owner of the adjacent parcel that the project’s proposed improvements and grading over the existing ingress/egress easement area is allowed.
II. Traffic:
A. The applicant shall construct a median on Sutter Blvd. to restrict left turns and through movements from the project’s Sutter Blvd. driveway at its sole cost and expense. Northbound and southbound left turns from Sutter Blvd. at this intersection shall be maintained. Plans shall be revised at the Building Permit/Improvement Plan stage to include the median island extension.
B. Right-turn only sign(s) are required at the project’s Sutter Boulevard driveway as a result of the median gap closure at Sutter Boulevard.
C. A one-way, inbound driveway access is required at the project’s Cochrane Road frontage.
III. Stormwater:
The project shall comply with the California Regional Water Quality Control Board Central Coast Region Resolution No. R3-2013-0032 as documented by the Stormwater Management Guidance Manual for Low Impact Development and PostPage 300 of 817 City of Morgan Hill
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Construction Requirements. A copy of the guidance manual can be obtained through the following link:
https://www.morgan-hill.ca.gov/DocumentCenter/View/12671/Storm-WaterManagement-Guidance-Manual?bidId=.
A. At building permit/improvement plan stage, revise the project’s Stormwater Control Plan Report and Civil plans to address the following:
1. Show proposed self-retaining areas that comply with the design criteria stated in the Stormwater Guidance Manual. Also add a self-retaining area detail.
2. Show the new DMA for the new detached sidewalk improvements along the project’s Cochrane Road frontage and provide treatment for this new DMA.
3. Add a paragraph in the Stormwater Control Plan Report describing how the treatment square footage is taken out of the pervious area quantities in the Excel Sizing Calculator tool.
4. Attach documentation in the Stormwater Control Plan Report that shows where the infiltration rates for the project site were obtained.
5. Revise the Stormwater Control Plan Report to include the pre-development peak flow calculations for the 2- and 10-year storm events and compare it to the post development peak flow 2- and 10-year storm events to show compliance with Performance Requirement 4, Peak Management.
B. The project is proposing a land use that is considered a priority by the City to implement trash full capture. At improvement plan/building permit stage, the project shall include the installation of a trash full capture system(s) from a list of certified trash full capture systems by the State Water Resources Control Board.
The list of certified trash full capture systems can be viewed from the Water Board’s webpage at:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/trash_ implementation/2022/fullcptre-availabletopublic10-11.pdf IV. Grading, Drainage & Flood Control:
A. The City’s regional detention pond, Fisher Basin, is downstream of the project site. There are existing flooding problems within the Fisher Creek watershed and there are also additional capacity needs in the Fisher Basin. Although the project’s peak flow rate during the 25-year storm event is less than the pre-project 25-year peak flow rate, the City is requiring the project to provide minor detention.
1. The project is required to detain a portion of the 25-year, 24-hour rainfall event using a 24-hour rainfall depth of 0.45 inches. The 0.45-inch rainfall depth is the difference between the 25-year, 24-hour rainfall depth of 5.24 inches stated in the 2018 Storm Master Plan and the 25-year, 24-hour rainfall depth of 4.79 inches stated in the City's Storm Design Standards. Show compliance with this flood control design criteria at building permit/improvement plan stage.
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B. At building permit/improvement plan stage, add a typical site cross-section through the project’s westerly and easterly property lines, and show sufficient adjoining area.
V. Street Improvements:
A. Public Sidewalks:
1. Cochrane Road Frontage: Provide a detached sidewalk with a park strip per City standards to match the sidewalk and park strip along the Evergreen Village development located west of the project site.
2. Sutter Boulevard Frontage: Provide a meandering sidewalk per City standards. Locate the sidewalk within the existing 20’ wide Landscape and Public Service Easement.
B. Curb Ramps: Upgrade to ADA/City standards the existing curb ramps located at the southwest corner of the Cochrane Road & Sutter Boulevard intersection, and at the northwest corner of the project site’s Sutter Boulevard driveway.
C. A sanitary sewer test manhole shall be provided and shall be accessible to the Pretreatment Inspector. The sanitary sewer test manhole shall be located within private property but adjacent to the street right-of-way or as approved by the City Engineer in conjunction with Pretreatment Inspector review.
D. At building permit/improvement plan stage, revise the plans to address the following:
1. Move the proposed decorative paving at the project’s Cochrane Road driveway entrance to be located outside the public right-of-way.
2. Show any existing, unused water and sewer laterals and note that these will be abandoned at the main pursuant to City Standards.
3. Show the screening of all above-ground utilities, including the backflow preventers for the project’s domestic and irrigation services, to the satisfaction of the Development Services Director.
E. Pavement restoration at the proposed utility cuts at Cochrane Road will be determined at building permit/improvement plan stage.
F. Install new street trees along the park strip of the project’s Cochrane Road frontage. The species and tree spacing of the street trees shall comply with Zone 1 in the City’s Master Street Tree Plan and will be reviewed at building permit/improvement plan stage.
G. Other frontage improvements along Cochrane Road and Sutter Boulevard will be reviewed and approved at building permit/improvement plan stage.
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H. At building permit/improvement plan stage, provide an engineer’s estimate of the proposed public improvements for City’s use in calculating the engineering & inspection fees due for this project.
LAND DEVELOPMENT ENGINEERING - STANDARD CONDITIONS
I. GENERAL
A. Public and Private Improvements: The applicant shall cause the construction of all public and private improvements in accordance with the latest City Standard Drawings and Specifications. (MHMC 12.02.090 A; 17.32.010 A) B. Encroachment Permit: Obtain an encroachment permit from the City of Morgan Hill and provide guarantee covering off-site improvements. (MHMC 12.08.040 A;
12.08.090)
C. Improvement Agreement: Enter into an Improvement Agreement with the City of Morgan Hill to cover required improvements. (MHMC 12.02.150; 17.32.010 B;
17.32.160)
D. Impact Fees & Fee Increase: The City of Morgan Hill, pursuant to City Code Chapter 3.56 has established impact fees to finance the cost of improvements required by new development. City Code Chapter 3.56.050 provides for automatic annual (July 1st) adjustment of those fees in existence utilizing the Engineering News Record Index for the preceding twelve months. The City maintains historical records on the Engineering News Record Index. These records are available for inspection during normal business hours. (MHMC
3.56.010; 3.56.030; 3.56.050)
1. The developer shall pay all applicable impact fees and other engineering review fees prior to building permit issuance. The fees shall be based on the Public Works Fee Schedule prepared by Land Development Engineering.
2. The project will be subject to the updated Water Capacity fees, which became effective May 15, 2023. Information related to the City’s impact and development fees are available on the City’s Finance Department webpage at: https://www.morganhill.ca.gov/1572/Fee-Schedules.
II. STREET IMPROVEMENTS
A. Public and Private Streets: The applicant shall cause the design and construction of all new public and private streets serving the project. The design of all new public and private streets shall be consistent with the General Plan Land Use and Circulation Element as well as the Street Standard Details as contained within the Public Works Standards Details. The construction of the
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streets shall be undertaken to the lines and grades and in a manner satisfactory to the City Engineer. All street improvements shall be constructed to the satisfaction of the City Engineer. The timing of the improvements will be determined by the City. (MHMC 12.02.010; 12.02.090; 17.32.060 B; CMH General Plan; CMH Design Standards and Standard Details for Construction)
B. Underground Existing Utilities: All existing overhead utilities adjacent to any site boundary or along any street frontage of the site shall be placed underground in accordance with City standards and affected utility company guidelines. (MHMC 12.02.090 B; 17.32.020 E.1)
III. STORM DRAIN SYSTEM
A. Storm Drainage Study: A complete storm drainage study of the proposed development must be submitted showing amount of run-off, and existing and proposed drainage structure capacities. This study shall be subject to review and approval by the City Engineer. All needed improvements will be made by the applicant. No overloading of the existing system will be permitted. (MHMC
17.32.020 B;17.32.090; CMH Design Standards and Standard Details for Construction)
B. Storm Drainage Design: The applicant shall cause the design and construction to be undertaken for a storm drainage collection system shown on the Tentative Map/Design Review plans. All storm drain improvements shall be constructed to the satisfaction of the City Engineer. (MHMC 17.32.020 A & B) C. Storm Drainage Capacity: Collection system shall be designed to be capable of handling a 10-year storm without local flooding. On-site detention facilities shall be designed to a 25-year storm capacity. Streets shall be designed to carry 100- year storm. Items of construction shall include, but not be limited to installation of storm line extension on proposed public street(s), surface and subsurface storm drain facilities, manholes with manhole frames and covers, catch basins and laterals. Note: the project may be required to retain stormwater runoff as part of resolution R3-2013-0032 prior to releasing discharge rates at pre-development flows. (MHMC 17.32.020 B; 18.74.440; CMH Design Standards and Standard Details for Construction; CMH Storm Drainage System Master Plan) D. Storm Drainage General Requirements: Prior to issuance of a grading permit, the applicant shall complete the following to the satisfaction of the City Engineer.
1. Storm drain calculations to determine detention/retention pond sizing and operations.
2. Plan describing how material excavated during construction will be controlled to prevent this material from entering the storm drain system.
3. Water Pollution Control Drawings (WPCD) for Sediment and Erosion Control.
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(CMH Design Standards and Standard Details for Construction) E. NPDES Construction Activity General Permit/SWPPP Requirements: As required by the State Water Resources Control Board (SWRCB) Order No. 2009- 0009-DWQ, construction activity resulting in a land disturbance of one (1) acre or more of soil, or whose projects are part of a larger common plan of development that in total disturbs more than one (1) acre, are required to obtain coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002 for Discharges of Storm Water Associated with Construction Activity (General Permit). To be permitted with the SWRCB under the General Permit, owners must file a complete Notice of Intent (NOI) ONLINE at:
http://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.jsp and develop a Storm Water Pollution Prevention Plan (SWPPP) Manual in accordance with the General Permit. The SWPPP Manual shall follow the CASQA SWPPP template/format at https://www.casqa.org/store/products/tabid/154/p-167- construction-handbookportal-initial-subscription.aspx and shall be approved by Public Works Engineering. A Waste Discharger Identification (WDID) number to be issued to the construction site after the SWRCB receives and verifies the submitted ONLINE NOI information. The WDID number and approved SWPPP Manual shall be provided to Public Works and the Building Department prior to any approval of grading activities (SWRCB NPDES General Permit CA000002).
F. NPDES General Permit Site SWPPP Inspections and Compliance:
1. ALL project onsite and offsite construction activity shall have the site inspected by a qualified third party SWPPP Inspector (QSD or QSP or RCE).
2. SWPPP Inspections shall occur weekly during the rainy season (September 15th thru May 1st).
3. SWPPP Inspections shall occur bi-weekly during the non-rainy season.
4. 48 hours prior to and following a forecasted rain event, SWPPP Inspections shall occur in addition to those of items 2 or 3 above.
5. Per each of the inspection conditions 2, 3, or 4, SWPPP inspection reports, and when applicable, Rain Event Action Plans (REAPS) shall be e-mailed to:
[email protected] no later than 12:00 PM each Monday for the previous week’s inspections with a brief statement whether the site is in compliance or non-compliant.
6. Prior to rain events, BMPs not in compliance will need to be corrected immediately.
7. Illicit discharges per the NPDES General Permit, non-compliance of tracking control, and inlet protection within the public right-of-way shall be addressed immediately.
8. Other non-compliance issues need to be addressed within a 24-hour period.
9. Non-compliance issues which have been corrected shall be verified by NPDES SWPPP Inspector by a follow-up inspection.
10.BMP maintenance/inspections shall include tree protection, if applicable.
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IV. WATER SYSTEM
A. Water Meters: Provide water services and meters for the project. These are to be installed by the developer. (MHMC 17.32.020 D)
V. OTHER CONDITIONS
A. Easement Dedications: The owner shall dedicate all necessary utility easements. (MHMC 12.02.080 D; 17.28.010 A)
B. Undergrounding New Utilities: The applicant shall cause the design and construction required to underground all electric, gas, Cable TV and communication lines within the development. Such design and construction shall be to the satisfaction of the affected utilities and the City Engineer. (MHMC
17.32.020 E.1)
C. Final Landscape Plans: Final landscape plans shall be submitted with and included as part of the improvement plans for the project. (MHMC 17.08.090) D. Pre-construction Meeting: Prior to the approval of any Building Permit for grading activity, the developer shall schedule a pre-construction meeting with the Public Works Inspection Division with the following project team members:
1. Civil Engineer of record
2. Geotechnical Engineer of record
3. Third Party QSD/QSP SWPPP Inspector
4. General Contractor
5. Sub-Contractors
E. As-Built Submittal Standards: The developer shall submit digital as-builts of the project’s Final Map, Grading Plan, and Improvement Plans which adhere to the City’s updated GIS/CAD Developer Submittal Standards.
VI. NPDES STORMWATER MANAGEMENT DEVELOPMENT STANDARDS
A. Stormwater Post Construction Requirements (PCRs): Project shall comply with the California Regional Water Quality Control Board Central Coast Region Resolution No. R3-2013-0032 as documented by the Stormwater Management Guidance Manual for Low Impact Development and Post-Construction Requirements (developed from Resolution No. R-2013-0032 Attachment 1 and 2 at:
http://www.waterboards.ca.gov/centralcoast/water_issues/programs/stormwater/ docs/lid/lid_hydromod_charette_index.shtml). A copy of the Guidance Manual can be obtained from the City’s Land Development Engineering webpage.
Project shall provide Stormwater Runoff Management Plan, Stormwater Control
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Plan and Checklist, and applicable calculations per the Guidance Manual. Project shall meet the applicable Post-Construction Requirements:
1. Performance Requirement 1: Site Design and Runoff Reduction
2. Performance Requirement 2: Water Quality Treatment
3. Performance Requirement 3: Runoff Retention
4. Performance Requirement 4: Peak Management
B. Peak Storm Water Runoff Discharge Rates: Post-development peak storm water runoff discharge rates shall not exceed the estimated pre-development rate for developments where the increased peak storm water discharge rate will result in increased potential for downstream erosion. Note: the project may be required to retain stormwater runoff as part of resolution R3-2013-0032 prior to releasing discharge rates at pre-development flows.
C. Storm Drain System Stenciling and Signage: All storm drain inlets and catch basins within the project area must be stenciled with prohibitive language (such as: “NO DUMPING – DRAINS TO CREEK”) and/or graphical icons to discourage illegal dumping. Signs and prohibitive language and/or graphical icons, which prohibit illegal dumping, must be posted at public access points along channels and creeks within the project area. Legibility of stencils and signs must be maintained.
D. Trash Enclosure Area: In addition to compliance with the requirements under Municipal Code Section 18.92.155 (Refuse and Recycling Enclosures), all trash enclosure areas must meet the following Structural or Treatment Control BMP requirements:
1. Roof Required: Trash enclosure areas shall have an all-weather noncombustible solid roof to prevent rainwater from mixing with the enclosure’s contents.
2. Walls Required: Trash enclosure shall have structural walls to prevent unauthorized off-site transport of trash.
3. Doors: Trash enclosure shall have door(s) which can be secured when closed.
4. Grades: The pad for the enclosure shall be designed to not drain outward, and the grade surrounding the enclosure shall be designed to not drain into the enclosure.
5. Drain Inlet: Within the enclosure, an area drain with an approved (Zurn) vandal proof drain shall be installed and shall be plumbed to the sanitary sewer system with grease trap. Grease trap shall be located within the trash enclosure footprint.
E. Design Standards for Structural or Treatment Control BMPs: The postconstruction treatment control BMPs shall incorporate, at a minimum, either a volumetric or flow- based treatment control design standard, or both, as identified below to mitigate (infiltrate, filter or treat) storm water runoff:
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1. Volumetric Treatment Control BMP
a. The 85th percentile 24-hour runoff event determined as the maximized capture storm water volume for the area, from the formula recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ASCE Manual of Practice No. 87, (1998); or
b. The volume of annual runoff based on unit basin storage water quality volume, to achieve 80 percent or more volume treatment by the method recommended in California Stormwater Best Management Practices Handbook – Industrial/ Commercial, (2003); or
c. The volume of runoff produced from a historical-record based reference 24-hour rainfall criterion for “treatment” that achieves approximately the same reduction in pollutant loads achieved by the 85th percentile 24-hour runoff event.
2. Flow Based Treatment Control BMP
a. The flow of runoff produced from a rain event equal to at least two times the 85th percentile hourly rainfall intensity for the area; or b. The flow of runoff produced from a rain event that will result in treatment of the same portion of runoff as treated using volumetric standards above.
F. Stormwater Runoff Management Plan (SWRMP): The Stormwater Runoff Management Plan shall include sufficient information to evaluate the environmental characteristics of affected areas, the potential impacts of the proposed development on water resources, and the effectiveness and acceptability of measures (post construction BMPs) proposed for managing stormwater runoff.
1. The Stormwater Runoff Management Plan shall be prepared under the direction of a professional civil engineer registered in the State of California.
The responsible professional civil engineer shall stamp and sign the approved Stormwater Runoff Management Plan.
2. The developer shall provide a signed certification from the civil engineer responsible for preparing the Stormwater Runoff Management Plan that all stormwater best management practices have been designed to meet the requirements of this chapter.
G. Stormwater BMP Operation, Maintenance, and Replacement Responsibility
1. Prior to building final, the property owner shall submit a signed certification (with signature, date & license number/seal) certifying that all postconstruction stormwater management/BMP facilities shown on the as-built drawings were inspected by the civil engineer (or by a qualified third-party stormwater inspector hired by the permittee/owner) and have been constructed in accordance with the approved plans and specifications.
2. All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s), an owners' or homeowners' association or other legal entity approved by the City.
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3. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans.
4. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan.
H. Stormwater BMP Operation and Maintenance Agreement (SWBOMA):
1. Prior to the issuance of any building permit requiring stormwater management BMPs, the owner(s) of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management BMPs. The City standard Stormwater BMP Operation and Maintenance Agreement will be provided by Land Development Engineering at building permit/improvement plan stage.
I. Stormwater BMP Inspection Responsibility
1. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a certified Qualified Stormwater Practitioner (QSP).
2. Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year (April 15th and September 15th) by the QSP. Written records shall be kept of all inspections and shall include, at minimum, the following information:
a. Site address;
b. Date and time of inspection;
c. Name of the person conducting the inspection;
d. List of stormwater facilities inspected;
e. Condition of each stormwater facility inspected;
f. Description of any needed maintenance or repairs; and g. As applicable, the need for site re-inspection.
3. Upon completion of each inspection, an inspection report shall be submitted to City’s Environmental Services Division.
J. Records of Maintenance and Inspection Activities: On or before April 15th and September 15th of each year, the party responsible for the operation and maintenance of on-site stormwater management facilities under the BMP Operation and Maintenance Agreement shall provide the City Engineer or designee with records of all inspections, maintenance and repairs.
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K. Annual Certification of SWRMP: On or before September 30th of each year, a Registered Civil Engineer (RCE) shall provide written certification that the project’s stormwater quality design standards are properly maintained and functioning as required by the SWRMP.
BUILDING DIVISION
A. California Code of Regulations: The Project shall be designed to comply with the edition of the California Codes of Regulations as amended by the Morgan Hill Municipal Code Title 15 that is in effect at time of Building Permit Application submittal.
B. Project shall comply with the Morgan Hill Municipal Code (MHMC) including but not limited to:
• MHMC 15.65 Sustainable Building Regulations. LEED Silver Required • MHMC 15.62 Electric Vehicle Charging Infrastructure.
• MHMC 15.40 Building Security
• MHMC 15.38 Wage Theft Preventions
• MHMC 18.148 Water Conservation
• MHMC 15.63 Prohibition of Natural Gas Infrastructure in New Buildings
FIRE DIVISION
A. Review of this Development proposal is limited to acceptability of site access as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits.
B. Fire Apparatus (Engine) Access Roads Required: Prior to the commencement of combustible construction, an access roadway with a paved all-weather surface and a minimum unobstructed width of 20 feet, vertical clearance of 13 feet, 6 inches shall be provided, with minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%, unless otherwise approved in writing by the Fire Marshal. Installations shall conform to the City of Morgan Hill Standard Details and Specifications 11-B. (CFC Section 503 as amended by MHMC 15.44.140
C. Fire Hydrants. Fire Hydrant spacing shall meet minimum requirements per CFC Appendix C
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D. During Building permit obtain separate approval for:
a. Fire Sprinklers
b. Fire Alarm
c. Hood Suppression
d. Underground Fire Service
Development & Consulting, Inc
P.O. Box 270571, San Diego, CA 92198-2571
Date 06/06/2023
Project Description
Project Name: 05180 Morgan Hill FSU - Chick-fil-A # 05180 Location/Address: 18599 Sutter Blvd, Morgan Hill, CA
Property Owner: BAT Limited Partnership, Gary Laabs
APN: #726-32-002
Project Summary:
Applicant, Chick-fil-A, Inc., A Georgia Corporation, via its Development Consultant, 4G Development & Consulting, Inc., proposes to construct a new, approximately 5,028 sf quick-service restaurant building, with approximately seventy-four interior dining seats, a small outdoor patio dining area that can accommodate roughly 20 patrons, and two-lane drive-thru service with a queuing capacity of approximately fifty-five vehicles.
Anticipated Discretionary Approvals needed:
● Conceptual Plan Review
● Conditional Use Permit
● Design Review
Days/Hours of Operation: Monday-Saturday: 6:00a – 10:00p Closed Sunday
Number of Employees and Description of Shifts:
This Chick-fil-A will employ approximately 50-75 full- and part-time employees. The number of employees on site will vary as the operational tempo varies, from four to fifteen employees.
Number of Children/Students: N/A
Number and Type of Security: N/A
Alcohol Service: N/A – Chick-fil-A does not serve alcohol or allow alcohol to be consumed on the premises.
Merchandise or Food Service:
Chick-fil-A is a quick-service restaurant featuring Chicken sandwiches. Food is prepared on site and sold for consumption on the premises, for carryout, curb-side delivery, and drive-through service.
Deliveries: Periodic, regular, daily by local vendors -deliveries are during non-peak hours Parking Operations or Layout:
Vehicle access to the site will be via a right only entrance driveway from Chochrane Rd.
Ingress and Egress is also available to Sutter Blvd and Evergreen Development via a driveway located at the south side of the site.
Drive-thru operations will consist of two-at-a-time ordering under a covered canopy providing sun and weather protection for customers and crew members. During normal/low operations, customers will Item 4
Attachment 3
Development & Consulting, Inc
P.O. Box 270571, San Diego, CA 92198-2571
merge into a single lane as they proceed past the ordering queue, proceeding to pick up their order at the drive-thru window. Team members are protected from sun and weather with structural canopies at both the ordering point and meal delivery window. During periods of higher operational tempo, customers will remain in the two-lane configuration as additional crew members are deployed to deliver food to customers in the outside lane (otherwise used as a by-pass lane as needed to efficiently move customers with smaller orders through the drive-through sequence.) Outdoor Uses:
This Chick-fil-A store will provide a small outdoor patio dining area open to customers only during business hours.
1. Trash/Litter/Graffiti/Site Maintenance, etc. Chick Fil A is committed to this project site and all public streets and spaces within three hundred feet of the site to remain well maintained, clean and free of litter and graffiti.
2. Security and Police Issues.
Security cameras are used strategically throughout the spaces, including facing the front door. All security camera video footage is retained for 30 days in the event that an incident needs review by security personnel or the police.
3. Loitering and Panhandling. Loitering and panhandling is not tolerated and the business operator will maintain a zero-tolerance policy. The Operator will cooperate with the local Police Department for property language and will post “No loitering” signs in conspicuous places containing wording that aligns with local and state law. All loitering and panhandling issues will be dealt with in a swift and consistent manner by notifying local police. No consumption of alcohol or open containers will be permitted on the premises. Signs specifically prohibiting this activity will be placed in conspicuous places in English and Spanish, if required.
4. Addressing Neighborhood Concerns. The project applicant/business operator will engage the community organization, neighborhood, and local leaders, etc. to address neighborhood concerns with any aspect of the business. The project applicant/business operator will be available to meet with concerned parties and endeavor to create a mutually beneficial mitigation plan in accordance with all relevant laws and regulations.
5. Entertainment. There are currently no entertainment uses proposed for this site.
6. Lighting and Windows. All lighting issues, such as inadequate lighting or burned-out lights, will be addressed promptly by our maintenance provider. The business is designed with full-height glass windows to provide a clear and unobstructed view from inside and out. All signage affixed to the windows will not obstruct these views.
7. Noise. The project will conform to all local noise performance standards as required by the Municipal Code. All efforts will be made to limit the amount of noise emanating from the business at all times. No entertainment is proposed for the space. Any music played during normal business operations will be kept to ambient background music.
Development & Consulting, Inc
P.O. Box 270571, San Diego, CA 92198-2571
8. Employee Training. All staff are trained to perform their assigned duties safely and in accordance with best management practices and in full compliance with applicable laws and Health Department Regulations.
Item 4
Attachment 4
City of Morgan Hill
Development Services Department
Chick-fil-A at 18599 Sutter Boulevard Project
Initial Study
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Prepared by
1501 Sports Drive, Suite A, Sacramento, CA 95834
Item 4
Attachment 5
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TABLE OF CONTENTS
A. BACKGROUND..............................................................................................................3 B. SOURCES ......................................................................................................................4 C. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED..........................................6 D. DETERMINATION...........................................................................................................7 E. BACKGROUND AND INTRODUCTION .........................................................................8 F. PROJECT DESCRIPTION ..............................................................................................8 G. SUMMARY....................................................................................................................14 H. ENVIRONMENTAL CHECKLIST..................................................................................20 I. AESTHETICS......................................................................................................21 II. AGRICULTURE AND FOREST RESOURCES....................................................23 III. AIR QUALITY......................................................................................................24 IV. BIOLOGICAL RESOURCES. ..............................................................................32 V. CULTURAL RESOURCES..................................................................................35 VI. ENERGY.............................................................................................................39 VII. GEOLOGY AND SOILS. .....................................................................................42 VIII. GREENHOUSE GAS EMISSIONS......................................................................46 IX. HAZARDS AND HAZARDOUS MATERIALS. .....................................................49 X. HYDROLOGY AND WATER QUALITY. ..............................................................52 XI. LAND USE AND PLANNING...............................................................................57 XII. MINERAL RESOURCES.....................................................................................58 XIII. NOISE.................................................................................................................59 XIV. POPULATION AND HOUSING. ..........................................................................74 XV. PUBLIC SERVICES. ...........................................................................................75 XVI. RECREATION.....................................................................................................76 XVII. TRANSPORTATION. ..........................................................................................77 XVIII. TRIBAL CULTURAL RESOURCES.....................................................................83 XIX. UTILITIES AND SERVICE SYSTEMS.................................................................84 XX. WILDFIRE...........................................................................................................88 XXI. MANDATORY FINDINGS OF SIGNIFICANCE...................................................89
FIGURES
Figure 1 Regional Project Location ............................................................................................ 9 Figure 2 Project Vicinity Map.....................................................................................................10 Figure 3 Proposed Site Plan .....................................................................................................12 Figure 4 Noise Survey Locations...............................................................................................61 TABLES
Table 1 BAAQMD Thresholds of Significance ...........................................................................25 Table 2 Maximum Unmitigated Construction Emissions (lbs/day) .............................................26 Table 3 Maximum Unmitigated Operational Emissions .............................................................27 Table 4 Ambient Noise Survey Results .....................................................................................60 Table 5 Noise Level Performance Standards ............................................................................62 Table 6 Construction Equipment Noise .....................................................................................63
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Table 7 Predicted Parking Area Noise Levels at Adjacent Uses................................................65 Table 8 Predicted Drive-Through Noise Levels at Adjacent Uses..............................................66 Table 9 Predicted On-Site Vehicle Circulation Noise Levels at Adjacent Uses..........................67 Table 10 Predicted Outdoor Patio Noise Levels at Adjacent Uses ............................................68 Table 11 Predicted Truck Delivery Noise Levels at Adjacent Uses............................................68 Table 12 Predicted On-Site Truck Circulation Noise Levels at Adjacent Uses...........................69 Table 13 Predicted HVAC Equipment Noise Levels at Adjacent Uses ......................................70 Table 14 Combined On-Site Noise Levels at Adjacent Uses.....................................................71 Table 15 Vibration Levels for Various Construction Equipment.................................................72
APPENDICES
Appendix A: Trip Generation and Operations Analysis
Appendix B: Air Quality and Greenhouse Gas Modeling Results Appendix C: Environmental Noise and Vibration Assessment Appendix D: VMT Assessment
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INITIAL STUDY
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A. BACKGROUND
1. Project Title: Chick-fil-A at 18599 Sutter Boulevard Project
2. Lead Agency Name and Address: City of Morgan Hill
Development Services Department
Morgan Hill, CA
17575 Peak Avenue
Morgan Hill, CA 95037
3. Contact Person and Phone Number: Rich Buikema
Contract Planner
(408) 778-6480
4. Project Location: 18599 Sutter Boulevard
Morgan Hill, CA 95037
APN: 736-32-002
5. Project Sponsor’s Name and Address: Chick-fil-A
5200 Buffington Road
Atlanta, GA 30349-2998
6. Existing General Plan Designation: Commercial
7. Existing Zoning Designation: General Commercial – Planned Unit Development (CG-PUD)
8. Required Approvals from Other Public Agencies: None Required
9. Surrounding Land Uses and Setting:
The project site consists of an approximately 1.82-acre parcel located at 18599 Sutter Boulevard in the City of Morgan Hill, California. The site is identified by Assessor’s Parcel Number (APN) 726-32-002. The City of Morgan Hill General Plan land use designation for the project site is Commercial, and the zoning designation for the site is General Commercial – Planned Unit Development (CG-PUD). The project site is currently developed with an unoccupied, single-story, 6,900-square foot (sf) restaurant and an associated surface parking lot, as well as multiple trees located along the edges of the project site.
Surrounding existing land uses include commercial and light industrial uses to the north, and a business park to the northwest, across Cochrane Road; a shopping center to the east, across Sutter Boulevard; medical offices to the southeast; and the 20-acre Evergreen Village, which will include commercial uses such as a Holiday Inn Express and an assisted living facility, to the southwest.
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10. Project Description Summary:
The Chick-fil-A at 18599 Sutter Boulevard Project (proposed project) would include the demolition of the existing on-site building and subsequent development of a 5,028-sf Chick-fil-A restaurant with 74 indoor seats, outdoor patio seating, and dual drive-thru lanes. The restaurant would include a meal fulfillment area, dining area, kitchen, team member room, office, and restrooms. A total of 48 parking stalls would be provided throughout the project site, including two Americans with Disabilities Act (ADA)-compliant parking stalls. Primary site access would be from an entrance-only driveway off of Cochrane Road, as well as a second driveway to the south, which would connect to the existing internal roadway north of the medical office building and would allow vehicles to enter and exit the project site.
The project would require the approval of a Conditional Use Permit and Design Review.
B. SOURCES
The following documents are referenced information sources used within this analysis:
1. Andi Borowski, Environmental Services Assistant, Morgan Hill Environmental Services Department. Personal communication [email] with Jesse Fahrney, Associate, Raney Planning and Management, Inc. July 26, 2022.
2. Association of Bay Area Governments. Dam Failure Inundation Hazard Map for Morgan Hill. 1995. Available at: http://www.mhcert.com/prepare/dam_failure.shtml. Accessed April 2023.
3. Association of Bay Area Governments. Resilience Program. Available at:
https://mtc.maps.arcgis.com/apps/webappviewer/index.html?id=4a6f3f1259df42eab29b3 5dfcd086fc8. Accessed April 2023.
4. Bay Area Air Quality Management District. 2022 California Environmental Quality Act Guidelines. April 2023.
5. Bay Area Air Quality Management District. 2022 California Environmental Quality Act Guidelines. April 2023.
6. Bollard Acoustical Consultants, Inc. Environmental Noise and Vibration Assessment:
Chick-fil-A Restaurant. May 1, 2023.
7. California Building Standards Commission. California Green Building Standards Code. 2022.
8. California Department of Conservation. California Important Farmland Finder. Available at: https://maps.conservation.ca.gov/dlrp/ciff/. Accessed April 2023.
9. California Department of Conservation. Earthquake Zones of Required Investigation.
Available at: https://maps.conservation.ca.gov/cgs/EQZApp/app//. Accessed April 2023.
10. California Department of Forestry and Fire Protection. Morgan Hill, Very High Fire Hazard Severity Zones in LRA. Available at: https://osfm.fire.ca.gov/media/5934/morgan_hill.pdf.
Accessed April 2023.
11. California Department of Resources Recycling and Recovery (CalRecycle). Facility/Site Summary Details: Monterey Peninsula Landfill (27-AA-0010). Available at:
https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/2642?siteID=1976.
Accessed April 2023.
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12. California Department of Transportation. Scenic Highways. Available at:
https://dot.ca.gov/programs/design/lap-landscape-architecture-and-communitylivability/lap-liv-i-scenic-highways. Accessed April 2023.
13. California Energy Commission. Title 24 2019 Building Energy Efficiency Standards FAQ.
November 2018.
14. California Water Boards. Central Coast Post-Construction Stormwater Requirements.
Available at:
https://www.waterboards.ca.gov/centralcoast/water_issues/programs/stormwater/docs/li d/hydromod_lid_docs/2013_0032_attach1_post_construction_requirements.pdf.
Accessed April 2023.
15. Caltrans. California State Scenic Highway System Map. Available at:
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8 e8057116f1aacaa. Accessed April 2023.
16. City of Morgan Hill. 2020 Urban Water Management Plan. October 2021.
17. City of Morgan Hill. 2035 General Plan, City of Morgan Hill. Adopted July 2016.
18. City of Morgan Hill. City Council Staff Report 2163, Accept Report Regarding Wastewater System Needs and Rate Study Schedule. February 6, 2019.
19. City of Morgan Hill. City of Morgan Hill Wildland Urban Interface Map. March 2009.
20. City of Morgan Hill. Emergency Operations Plan. January 11, 2018.
21. City of Morgan Hill. Morgan Hill 2035 Draft Environmental Impact Report. January 2016.
22. City of Morgan Hill. Morgan Hill 2035 Final Environmental Impact Report. Adopted July 2016.
23. City of Morgan Hill. Morgan Hill 2021 Climate Action Plan. December 15, 2021.
24. City of Morgan Hill. Stormwater and Urban Runoff Management. Available at:
https://www.morgan-hill.ca.gov/737/Phase-II-General-Stormwater-Permit. Accessed April 2023.
25. Department of Toxic Substances Control. Hazardous Waste and Substances Site List.
Available at:
https://www.envirostor.dtsc.ca.gov/public/map/?myaddress=18599+Sutter+Boulevard%2 C+Morgan+Hill%2C+CA. Accessed April 2023.
26. Dwight Good, Assistant Chief Cooperative Fire Protection, Morgan Hill Fire Department.
Personal communication [phone] with Nick Pappani, Vice President, Raney Planning and Management, Inc. June 1, 2021.
27. Federal Emergency Management Agency. National Flood Hazard Layer FIRMette No. 06085C0444H. Available at:
https://msc.fema.gov/portal/search?AddressQuery=17090%20Peak%20Avenue%2C%2 0Morgan%20Hill%2C%20CA#searchresultsanchor. Accessed April 2023.
28. Hexagon Transportation Consultants, Inc. Subject: Trip Generation and Operations Analysis for the Proposed 18599 Sutter Boulevard Chick-Fil-A in Morgan Hill, California.
June 23, 2023.
29. Hexagon Transportation Consultants, Inc. VMT Assessment for the Proposed 18599 Sutter Boulevard Chick-Fil-A in Morgan Hill, California. April 24, 2023.
30. Santa Clara County. Comprehensive Land Use Plan, Santa Clara County, South County Airport. Amended November 16, 2016.
31. Santa Clara Valley Habitat Agency. Final Santa Clara Valley Habitat Plan. August 2012.
32. Santa Clara Valley Habitat Agency. Geobrowser. Available at:
http://www.hcpmaps.com/habitat/. Accessed April 2023.
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33. Santa Clara Valley Transportation Authority. 2021 Congestion Management Program Document. December 2021.
34. Santa Clara Valley Water District. 2021 Groundwater Management Plan, Santa Clara and Llagas Subbasins. November 2021.
35. Santa Clara Valley Water District. C1: Anderson Dam Seismic Retrofit. Available at:
https://www.valleywater.org/project-updates/2012-c1-anderson-dam-seismic-retrofit.
Accessed June 2023.
36. State Water Resources Control Board. GeoTracker. Available at:
https://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=morgan+hill.
Accessed April 2023.
37. Stephen L. Kostka and Michael H. Zischke. Practice Under the California Environmental Quality Act, Second Edition. March 2019 Update.
38. United States Department of Agriculture. Web Soil Survey. Available at:
https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx. Accessed April 2023.
C. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
As indicated by the checklist on the following pages, the proposed project would not result in significant impacts to any of the environmental factors listed below, and mitigation would not be required.
Aesthetics Agriculture and Forest
Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology and Soils Greenhouse Gas Emissions Hazards and Hazardous Materials Hydrology and Water
Quality
Land Use and Planning Mineral Resources
Noise Population and Housing Public Services
Recreation Transportation Tribal Cultural Resources Utilities and Service
Systems
Wildfire Mandatory Findings of
Significance
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D. DETERMINATION
On the basis of this initial study:
I find that this environmental checklist provides substantial evidence that the proposed project can be considered exempt from the California Environmental Quality Act on the basis that it meets the criteria for the Infill Development Project Exemption (Guidelines Section 15332) and does not meet any of the exceptions for exemptions (Guidelines Section 15300.2).
I find that the Proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the Proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the Proposed Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
Signature Date
Rich Buikema, Contract Planner City of Morgan Hill__________________ Printed Name For
Auggust 15, 2023
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E. BACKGROUND AND INTRODUCTION
In July 2016, the City of Morgan Hill adopted the 2035 General Plan,1 as well as an associated Environmental Impact Report (EIR) for the updated General Plan.2 The General Plan EIR is a program EIR, prepared pursuant to Section 15168 of the California Environmental Quality Act (CEQA) Guidelines (Title 14, California Code of Regulations [CCR], Sections 15000 et seq.). The General Plan EIR analyzed full implementation of the General Plan and identified measures to mitigate the significant adverse impacts associated with the General Plan.
The purpose of this Initial Study is to evaluate whether the proposed project is exempt from review pursuant to CEQA. Secondly, this Initial Study evaluates whether the proposed project meets any of the exceptions or exemptions listed in Section 15300.2 of the CEQA Guidelines. The summary of the analysis contained in this Initial Study and the relevant findings related to the above key inquiries is presented in the following sections.
A further point is noteworthy before proceeding with the analysis. The relevant questions a lead agency must consider when determining if a particular project is exempt from CEQA are focused on the specific criteria for exemptions and the list of exceptions to an exemption within the CEQA Guidelines. Thus, for this project, the City of Morgan Hill could have focused this analysis on the criteria for the Infill Exemption in CEQA Guidelines Section 15332 and the list of exceptions in Section 15300.2. For this particular project, the City elected to prepare a full Initial Study checklist to provide the substantial evidence supporting its determination as to whether the project can be considered exempt from CEQA. For an overview of the focused list of criteria pursuant to Sections 15332 and 15300.2, see Section G of this Initial Study.
F. PROJECT DESCRIPTION
The following provides a description of the project site’s location and setting, as well as the proposed project components and required discretionary actions.
Project Location and Setting
The project site, identified by APN 726-32-002, consists of a 1.82-acre parcel located at 18599 Sutter Boulevard in the City of Morgan Hill, California (see Figure 1 and Figure 2). The City’s General Plan land use designation for the site is Commercial, and the City’s zoning designation for the site is CG-PUD.
The site is currently developed with an unoccupied, single-story, 6,900-sf restaurant and an associated surface parking lot, as well as multiple trees located along the edges of the project site.
The project site is bound by Cochrane Road to the northwest and Sutter Boulevard to the northeast. Surrounding existing land uses include commercial and light industrial uses to the north, and a business park to the northwest, across Cochrane Road; a shopping center to the east, across Sutter Boulevard; medical offices to the southeast; and the 20-acre Evergreen Village, which will include commercial uses such as a Holiday Inn Express and an assisted living facility, to the southwest.
Project Components
The proposed project would include the demolition of the existing on-site building and subsequent development of a 5,028-sf Chick-fil-A restaurant with dual drive-thru lanes and outdoor patio seating.
1 City of Morgan Hill. 2035 General Plan, City of Morgan Hill. Adopted July 2016. 2 City of Morgan Hill. Morgan Hill 2035 Final Environmental Impact Report. Adopted July 2016.
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Figure 1
Regional Project Location
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Figure 2
Project Vicinity Map
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The following sections present additional details related to the proposed restaurant, project operations, site access and circulation, landscaping, utilities, and requested entitlements.
Proposed Restaurant
The proposed project would require the demolition of the existing on-site 6,900-sf unoccupied restaurant building, which was constructed in 1990, and subsequent construction of a 5,028-sf Chick-fil-A restaurant (see Figure 3). The interior of the restaurant would include approximately 2,657 sf of work space, including a kitchen, office, and break area. The restaurant would include approximately 1,354 sf of public area, including a queue area and a dining area, which would contain 74 seats. An outdoor patio located southeast of the restaurant would provide additional seating for approximately 25 people. The restaurant would also include three bathrooms, two of which would be available to the public; one bathroom would be reserved for employees.
Public ingress and egress to the restaurant would be provided by one entry vestibule on the southeastern side of the building and an exit vestibule on the northeastern side of the building.
Two private entrances would be included on the northwestern side of the building, and one additional private entrance would be included on the southeastern side of the building.
Project Operations
The proposed restaurant would typically operate from 6:00 AM to 10:00 PM, Monday through Saturday, and would be closed on Sundays. The proposed project would employ a total of approximately 50 to 75 full- and part-time employees, with between four and 15 employees present on-site during operational hours. Customers would either order inside the restaurant building or from their vehicles using the dual drive-thru lane, which is described in greater detail below. Customers would either eat meals on-site, either within the internal 74-seat dining area or in the outdoor patio area, or would take their meals off-site.
The proposed project would include the development of a dual drive-through lane, which would consist of two parallel 10-foot-wide travel lanes separated by a three-foot divider. Each lane would have a maximum queue capacity of 24 vehicles per lane, assuming 20 feet per car and full utilization of each lane. Entrance to the dual drive-through lane is proposed adjacent to the southern entrance driveway. The drive-through lanes would extend past the eastern side of the proposed restaurant to the northern corner, where orders would be taken through two amplified menu speaker posts. The proposed speaker posts would have the ability to incorporate automatic volume control (AVC), which adjusts outbound volume based on the ambient noise level environment. The drive-through lanes would then extend to the other side of the building, where orders would be received. During normal operations, customers would merge to a single lane as they proceeded past the ordering area; during periods of higher operational tempo, customers would remain in two-lane configuration as employees would deliver food to customers in the outside lane.
Site Access and Circulation
Primary access to the project site would be provided from a 35-foot-wide driveway in the southern corner of the project site, which would connect to the existing internal roadway north of the medical office and allow vehicles to both enter and exit the project site. A second 22-foot-wide entranceonly driveway would be provided from Cochrane Road, at the northwest corner of the site. The northwest driveway would connect to a one-way internal roadway before merging into the main parking area.
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Figure 3
Proposed Site Plan
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The proposed project would also include the development of a sidewalk along the north and eastern frontages of the project site. Additional pedestrian walkways would be installed throughout the project site, especially surrounding the proposed building.
In addition, the proposed project would include 46 on-site surface parking spaces and six bicycle parking spaces. Of the 46 parking spaces, two parking spaces would be ADA-compliant, eight would be electrical vehicle (EV) charging spaces, 13 would be compact parking stalls, and the remaining 23 would be standard parking spaces.
Landscaping
The proposed project would require the removal of the existing on-site trees. However, pursuant to Section 18.64.050 of the City’s Municipal Code, landscaping would be provided throughout the site in accordance with the City’s Standard Details for Construction. The proposed project would include the planting of various trees, shrubs, and ground cover along the site perimeter, and within the proposed parking area. In addition, a low masonry wall would be installed along the outer perimeter of the dual drive-thru lane.
Utilities
Water and sewer service for the proposed development would be provided through connections to existing City infrastructure located in the site vicinity. The proposed project would include installation of a new two-inch water line from the proposed building to an existing water main within Cochrane Road. A new four-inch sanitary sewer line would be routed from the proposed building to a new six-inch sanitary sewer line, which would connect to the existing sanitary sewer line within Sutter Boulevard. In addition, a new four-inch grease waste line would run from the trash enclosure drain through a 1,500-gallon grease interceptor before joining with the new sixinch sanitary sewer line. The proposed project would include the installation of new electric lines to connect to the existing on-site electrical lines.
Two storm drain inlets would be installed in the proposed parking area which would capture stormwater from the impervious surfaces on-site. The proposed project would include the installation of storm drain lines which would transport flows into the two bioretention areas located north of the proposed restaurant building. From there, flows would be directed to the existing storm drain inlet located at the westernmost corner of the project site.
Design Review
Pursuant to Section 18.108.040 of the City’s Municipal Code, the proposed project would be subject to Design Review. Specifically, the site plan would be analyzed based on elements of design, development location, arrangement of all structures, and design in harmony with surrounding facilities. The purpose of Design Review is to allow the City to review all development, signs, buildings, structures, and other facilities in order to further enhance the City’s appearance, and the livability and usefulness of properties.
Conditional Use Permit
Pursuant to Section 18.24.020 of the City’s Municipal Code, drive-through facilities are a permitted use in the CG-PUD zoning designation, subject to approval of a Conditional Use Permit.
Therefore, the proposed project would require approval of a Conditional Use Permit.
Required Approvals
The proposed project would require the City’s approval of the following:
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• Design Review; and
• Conditional Use Permit.
G. SUMMARY
The following section contains a summary showing that the proposed project can be considered exempt from CEQA and is not subject to any of the exceptions set forth in Section 15300.2 of the CEQA Guidelines. As demonstrated throughout this Initial Study, the proposed project qualifies for exemption under CEQA Guidelines Section 15332, Class 32.
In-Fill Development Project Exemption
Article 19 of the CEQA Guidelines, Sections 15300 through 15333, includes a list of classes of projects that have been determined not to have a significant effect on the environment, and are therefore exempt from CEQA. Section 15332 of the CEQA Guidelines provides a categorical exemption for infill development projects that meet the following criteria:
(a) The project is consistent with the applicable general plan designation and all applicable general plan polices as well as with applicable zoning designation and regulations. (b) The proposed development occurs within the city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.
The applicability of the above criteria to the proposed project is summarized in the following sections.
Criterion 15332(a): General Plan and Zoning Consistency The below discussion demonstrates the project’s consistency with the General Plan designation and applicable General Plan policies, as well as the zoning designation and regulations.
The City’s General Plan designates the site Commercial and the site is zoned CG-PUD. The Commercial land use designation allows for a wide range of retail businesses, administrative and executive office uses, and professional services, either in stand-alone buildings or as part of shopping centers. Additionally, a drive-through facility is allowed within the CG-PUD district with approval of a Conditional Use Permit. Therefore, the proposed project would not conflict with the site’s zoning or land use designation.
Furthermore, the proposed project would comply with applicable General Plan policies and zoning regulations adopted for the purpose of avoiding and/or mitigating adverse environmental effects.
For example, Section 18.76.060 (Glare) of the Morgan Hill Municipal Code includes such requirements as cut-off lenses to direct light downward and minimum lighting standards for walkways to ensure safe nighttime conditions. The proposed project would be required to adhere to the applicable policies and standards listed in the City’s General Plan and Municipal Code.
General Plan Policy TR-3.4 sets forth the level of service (LOS) standards for the City of Morgan Hill intersections. While Section 15064.3 of the CEQA Guidelines provides that analysis of vehicle miles travelled (VMT) attributable to a project is the most appropriate measure of transportation impacts (see Section XVII of the following checklist for analysis of VMT), the project must still comply with applicable General Plan policies such as the LOS standards set forth by Policy TR3.4. The LOS standard for City of Morgan Hill intersections is LOS D, with limited exceptions that
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do not apply to the two study intersections. A Trip Generation and Operations Analysis was prepared for the proposed project by Hexagon Transportation Consultants, Inc. (see Appendix A), which included evaluation of the LOS at the following intersections under existing and 2025 cumulative traffic conditions both with and without project traffic:
3 1. Monterey Road and Cochrane Road;
2. Butterfield Boulevard and Cochrane Road;
3. Woodview Avenue/Evergreen Village and Cochrane Road;
4. Sutter Boulevard and Cochrane Road;
5. Madrone Parkway/Cochrane Plaza and Cochrane Road;
6. US 101 Southbound Ramps and Cochrane Road;
7. US 101 Northbound Ramps and Cochrane Road; and
8. Sutter Boulevard and Cochrane Plaza.
According to the Trip Generation and Operations Analysis, the foregoing intersections currently operate at LOS D or better conditions under Existing (No Project) Conditions. In addition, the Trip Generation and Operations Analysis determined that the addition of project traffic would not result in the degradation of the study intersections’ LOS during the AM and PM peak hours under both Existing Plus Project Conditions and Year 2030 Cumulative with Project Conditions. Therefore, the addition of project traffic would not result in the degradation of the study intersections’ LOS during the AM and PM peak hours, and, thus, the proposed project would not conflict with General Plan Policy TR-3.4.
In addition, the proposed project would be consistent with the noise standards established in the City’s General Plan and the Municipal Code. See Section XIII, Noise, of this Initial Study, for more information.
Based on the above, the project would be consistent with applicable General Plan policies and City zoning designation and regulations, and the proposed project meets Criterion 15332(a).
Criterion 15332(b): Project Location, Size, and Context The project site consists of 1.82 acres, located within the Morgan Hill city limits. The site is located near existing commercial development to the north, east, and south, as well as future commercial and residential development to the west, including the future Holiday Inn Express. Thus, the proposed project meets Criterion 15332(b).
Criterion 15332(c): Endangered, Rare, or Threatened Species The site is currently developed with an unoccupied, single-story, 6,900-sf restaurant and an associated surface parking lot, as well as multiple trees located along the edges of the project site. As discussed in Section IV, Biological Resources, of this Initial Study, the project site is located within the boundaries of the Santa Clara Valley Habitat Plan (SCVHP) permit area. The SCVHP designates the project site as an Urban-Suburban developed land cover type. Typically, species covered by the SCVHP are unlikely to occur within Urban-Suburban areas. Pursuant to the Santa Clara Valley Habitat Agency Geobrowser program, the project site is not located within a designated Plant or Wildlife Survey Area for any covered species. The project applicant would be subject to payment of all applicable development fees according to the SCVHP. Due to the highly disturbed nature of the area surrounding the project site, as well as the existing development that has occurred within the project site, the project site does not provide habitat 3 Hexagon Transportation Consultants, Inc. Subject: Trip Generation and Operations Analysis for the Proposed 18599 Sutter Boulevard Chick-Fil-A in Morgan Hill, California. June 2, 2023.
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value for endangered, rare, or threatened species. Thus, the proposed project meets Criterion 15332(c).
Criterion 15332(d): Traffic, Noise, Air Quality, and Water Quality The following sections present a summary of the Initial Study analysis regarding potential effects related to traffic, noise, air quality, and water quality resulting from implementation of the proposed project. As demonstrated below, the proposed project meets Criterion 15332(d).
Traffic
As discussed in Section XVII, Transportation, of this Initial Study, the Technical Advisory on Evaluating Transportation Impacts in CEQA published by the Governor’s Office of Planning and Research (OPR) in December 2018 provides recommendations regarding VMT evaluation methodology, significance thresholds, and screening thresholds for land use projects. The proposed project may be presumed to be a local-serving facility and would therefore have a lessthan-significant impact on VMT.
In addition, the proposed project is consistent with the project site’s existing General Plan land use and zoning designations. Therefore, vehicle trip generation associated with the project site and associated effects on local transportation facilities have been anticipated by the City and accounted for in regional planning efforts.
Noise
Operations associated with the proposed project would generate noise associated with parking lot movements, drive-through operations (vehicle passages and amplified menu speaker board), on-site vehicle circulation, outdoor patio noise (patrons conversing), delivery truck circulation and delivery activities, and non-transportation sources, such as landscaping, maintenance, and heating ventilation and air conditioning (HVAC) equipment. As discussed in detail in Section XIII, Noise, of this Initial Study, none of the foregoing noise generation sources would substantially increase noise levels from what currently exists in the project area.
During construction, the project would result in short-term noise level increases in the project vicinity. However, the Morgan Hill Municipal Code does not specify any short-term construction noise level limits. Construction activities would occur during normal daytime hours, as Chapter
8.28 of the Morgan Hill Municipal Code prohibits construction activities between 8:00 PM and 7:00 AM, Monday through Friday, and between 6:00 PM and 9:00 AM on Saturdays. Given the restrictions on construction hours and the City’s standard conditions of approval requiring the use of best available technology by construction contractors to minimize excessive noise from construction equipment, the project would not result in a substantial temporary increase in noise generation during construction activities.
Based on the above, noise generation associated with the proposed project has been anticipated by the City and accounted for in regional planning efforts.
Air Quality
A detailed discussion of applicable thresholds of significance and estimated construction and operational emissions is present in Section III, Air Quality, of this Initial Study. As discussed therein, the proposed project would result in maximum construction and operational criteria air pollutant emissions that are below the applicable thresholds. Because the proposed project would result in emissions below the applicable thresholds of significance, the proposed project would not be expected to result in a significant contribution to the region’s existing air quality conditions.
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Therefore, the proposed project is not anticipated to result in short-term construction-related or long-term operational emissions of air quality pollutants that would be considered to have the potential to result in significant effects on the environment.
Water Quality
Issues related to stormwater infrastructure are discussed in Section X, Hydrology and Water Quality, of this Initial Study. Preliminary stormwater control and treatment measures have been designed for the project. Two storm drain inlets would be installed in the proposed parking area which would capture stormwater from the impervious surfaces on-site. The proposed project would include the installation of storm drain lines which would transport flows into the two bioretention areas located north of the proposed restaurant building. From there, flows would be directed to the existing storm drain inlet located at the westernmost corner of the project site. All proposed stormwater treatment measures have been designed in accordance with the Santa Clara County Clean Water Program Technical Guidance Handbook.
The final drainage system design for the project will be subject to review and approval by the City of Morgan Hill City Engineer to confirm that the proposed drainage system for the project is consistent with the City’s Storm Drainage Master Plan and standard stormwater-related conditions of approval. Therefore, the proposed project would not result in any significant effects related to water quality.
Criterion 15332(e): Utilities and Public Services
Water and sewer service for the proposed development would be provided by the City through new connections to existing infrastructure within Cochrane Road and Sutter Boulevard, respectively. Given the presence of existing utilities in the immediate project vicinity, the proposed project would not require substantial off-site utility improvements. In addition, as discussed in Section XV, Public Services, and Section XIX, Utilities and Service Systems, of this Initial Study, the project would not exceed the capacity of public service or utility infrastructure. Thus, the site would be adequately served by all required utilities and public services.
Exceptions to Categorical Exemptions Analysis
Even if a project is ordinarily exempt under any of the potential categorical exemptions, CEQA Guidelines Section 15300.2 provides specific instances where exceptions to otherwise applicable exemptions apply. Exceptions to a categorical exemption apply in the following circumstances:
(a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. (b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.
(c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.
(d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.
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(e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.
(f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.
The following analysis addresses whether any of the exceptions to the CEQA exemption apply to the proposed project.
Criterion 15300.2(a): Location
CEQA exemptions 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located. The project site is located within an urbanized area and is not located within a sensitive environment. Furthermore, as discussed under Criterion 15300.2(e), the project site is not located near environmental resources of hazardous or critical concern. Therefore, an exception to the exemption under CEQA Guidelines Section 15300.2(a) does not apply to the proposed project.
Criterion 15300.2(b): Cumulative Impact
Pursuant to CEQA Section 15300.2(b), in applying this exception, the cumulative impact must result from “successive projects of the same type in the same place.” Both the “same type” and “same place” limitations restrict the scope of this exception.4 The project site is bound by Cochrane Road to the northwest and Sutter Boulevard to the northeast. Surrounding existing land uses include commercial and light industrial uses to the north, and a business park to the northwest, across Cochrane Road; a shopping center to the east, across Sutter Boulevard; medical offices to the southeast; and the 20-acre Evergreen Village, which will include commercial uses such as a Holiday Inn Express and an assisted living facility, to the southwest.
The proposed project is consistent with the project site’s General Plan land use and zoning designations. Therefore, cumulative impacts associated with buildout of the project site have been previously anticipated by the City and analyzed in the General Plan EIR. As discussed above, the project would not exceed the capacity of the existing utility infrastructure in the project vicinity or require other related improvements with the potential to result in cumulatively considerable impacts.
In addition, as discussed above, the Trip Generation and Operations Analysis prepared for the proposed project determined that the addition of project traffic would not result in the degradation of the study intersections’ LOS during the AM and PM peak hours under both Existing Plus Project Conditions and Year 2030 Cumulative with Project Conditions. Therefore, the addition of project traffic would not result in the degradation of the study intersections’ LOS during the AM and PM peak hours under cumulative conditions.
With regard to ambient noise, according to the Environmental Noise and Vibration Assessment (ENVA) prepared for the proposed project by Bollard Acoustical Consultants, Inc. (BAC) (see Appendix C),
5 the calculated noise levels generated by on-site operations in combination with cumulative conditions, including full development of Evergreen Village, would not be anticipated to generate a significant noise increase triggering the City’s applicable thresholds. In addition, 4 Stephen L. Kostka and Michael H. Zischke. Practice Under the California Environmental Quality Act, Second Edition [pg. 5-68]. March 2019 Update.
5 Bollard Acoustical Consultants, Inc. Environmental Noise and Vibration Assessment: Chick-fil-A Restaurant. May 1, 2023.
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construction noise is intermittent and temporary and, thus, would not contribute to the cumulative noise environment. Therefore, noise impacts would not be cumulatively considerable.
Thus, the proposed project would not result in a cumulative impact, and an exception to the exemption under CEQA Guidelines Section 15300.2(b) does not apply to the proposed project.
Criterion 15300.2(c): Significant Effect
In listing a class of projects as exempt, the Secretary has determined that the environmental changes typically associated with projects in that class are not significant effects within the meaning of CEQA, even though an argument might be made that they are potentially significant.
The plain language of Guidelines Section 15300.2, subdivision (c), requires that a potentially significant effect must be “due to unusual circumstances” for the exception to apply.
The determination as to whether there are “unusual circumstances” (Guidelines, Section 15300.2, subd. [c]) is reviewed under Public Resources Code (PRC) Section 21168.5’s substantial evidence prong. Whether a particular project presents circumstances that are unusual for projects in an exempt class is an essential factual inquiry. As to this question, the lead agency serves as “the finder of fact”.
Unusual circumstances are not defined by the Guidelines, but potential site characteristics could include sensitive habitats or contamination. The project site does not include any aquatic features or otherwise sensitive habitat, and is not included on any lists of hazardous waste sites. In addition, the project site is located within a FEMA Zone X, which is not considered a significant flood hazard area.
Thus, an exception to the exemption under CEQA Guidelines Section 15300.2(c) does not apply to the proposed project.
Criterion 15300.2(d): Scenic Highway
According to the California Department of Transportation (Caltrans) Scenic Highway Mapping System, officially designated State or County scenic highways do not occur in the project vicinity.6 Thus, an exception to the exemption under CEQA Guidelines Section 15300.2(d) does not apply to the proposed project.
Criterion 15300.2(e): Hazardous Waste Sites
The California Environmental Protection Agency (CalEPA) provides a list of data resources that provide information regarding the facilities or sites identified as meeting the “Cortese List” requirements, pursuant to Government Code 65962.5. Per a search of the State Water Resources Control Board’s (SWRCB) GeoTracker data management system, hazardous materials sites, including leaking underground storage tank (LUST) sites and Department of Toxic Substances Control (DTSC) cleanup sites, have not been identified on or within a 1,000-foot radius of the project area.7 In addition, the project site is not located on or near any hazardous waste sites identified on the Envirostor’s Hazardous Waste and Substance Site List.8 Thus, an exception to 6 California Department of Transportation. Scenic Highways. Available at: https://dot.ca.gov/programs/design/laplandscape-architecture-and-community-livability/lap-liv-i-scenic-highways. Accessed April 2023. 7 State Water Resources Control Board. GeoTracker. Available at:
https://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=morgan+hill. Accessed April 2023. 8 Department of Toxic Substances Control. Hazardous Waste and Substances Site List. Available at:
https://www.envirostor.dtsc.ca.gov/public/map/?myaddress=18599+Sutter+Boulevard%2C+Morgan+Hill%2C+CA . Accessed April 2023.
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the exemption under CEQA Guidelines Section 15300.2(e) does not apply to the proposed project.
Criterion 15300.2(f): Historical Resources
The project site is currently developed with a vacant restaurant building and an associated parking lot. As such, the site has been subject to significant disturbance, and is unlikely to contain any cultural resources. Furthermore, the existing on-site restaurant building was constructed in 1990, and, thus, the existing structure is not considered eligible for listing under the National Register of Historic Places (NRHP) and California Register of Historical Resources (CRHR). The proposed project would not result in a substantial adverse change in the significance of a historical resource, and an exception to the exemption under CEQA Guidelines Section 15300.2(f) does not apply to the proposed project.
H. ENVIRONMENTAL CHECKLIST
The following checklist contains the environmental checklist form presented in Appendix G of the CEQA Guidelines. The checklist form is used to describe the impacts of the proposed project. A discussion follows each environmental issue identified in the checklist. For this checklist, the following designations are used:
Potentially Significant Impact: An impact that could be significant, and for which no mitigation has been identified. If any potentially significant impacts are identified, an EIR must be prepared.
Less Than Significant with Mitigation Incorporated: An impact that requires mitigation to reduce the impact to a less-than-significant level.
Less-Than-Significant Impact: Any impact that would not be considered significant under CEQA relative to existing standards.
No Impact: The project would not have any impact.
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I. AESTHETICS.
Would the project:
Potentially
Significant
Impact
Less-ThanSignificant
with Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Have a substantial adverse effect on a scenic vista? b. Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a State scenic highway?
c. In non-urbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings? (Public views are those
that are experienced from publicly accessible
vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and
other regulations governing scenic quality?
d. Create a new source of substantial light or glare
which would adversely affect day or nighttime views
in the area?
Discussion
a,c. Examples of typical scenic vistas include mountain ranges, ridgelines, or bodies of water as viewed from a highway, public space, or other area designated for the express purpose of viewing and sightseeing. In general, a project’s impact to a scenic vista would occur if development of the project would substantially change or remove a scenic vista. The City’s General Plan does not designate official scenic view corridors or vistas. However, according to the General Plan, the hillsides that surround the City to the east and west are considered scenic. The project site is generally surrounded by existing development and is not located on a hillside or in the vicinity of a hillside. While distant views of the hills to the east and west of the City are visible to motorists, bicyclists, and pedestrians travelling along Cochrane Road and Sutter Boulevard, neither street is considered a scenic route.
In addition, such views are partially obscured through the site by existing on-site trees.
Because the project site is located in an urbanized area, this discussion focuses on project consistency with applicable zoning and other regulations governing scenic quality.
The project site is zoned CG-PUD. Pursuant to Section 18.24.030 of the City’s Municipal Code, a building within the CG-PUD zone may not exceed a height of 35 feet. The proposed height of the restaurant would be a maximum of approximately 24 feet. The project would also comply with the required setbacks. Further, the proposed project would exceed the minimum of ten percent of on-site landscaping required by Section 18.64.060 of the City’s Municipal Code. Thus, the project would comply with the applicable zoning regulations regarding scenic quality. Additionally, the proposed project is subject to Design Review in accordance with Morgan Hill Municipal Code Section 18.108.040, which would ensure that the project is consistent with the applicable design and development standards.
Based on the above, the proposed project would not have a substantial adverse effect on a scenic vista or conflict with applicable zoning and other regulations governing scenic quality. Thus, no impact would occur.
b. According to the Caltrans map of Santa Clara County prepared for the Scenic Highway Mapping System, officially designated State or County scenic highways do not occur in
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the project vicinity.9 Because the project site is not located in the vicinity of any State scenic highway, the proposed project would not damage any scenic resources within a State scenic highway. Therefore, no impact related to damaging scenic resources within a State scenic highway would occur.
d. As noted previously, the project site is currently developed with an unoccupied, singlestory, 6,900-sf restaurant and an associated surface parking lot, as well as multiple trees located along the edges of the project site. The project site is generally surrounded by existing development, and streetlights are provided along Cochrane Road and Sutter Boulevard. Thus, the project site and vicinity already contain existing sources of light and glare, including, but not limited to, headlights on cars traveling along the adjacent roadways, exterior light fixtures, light reflecting off windows, and interior light spilling through windows.
New sources of lighting included in the proposed project would be required to comply with Section 18.76.060 (Glare) of the Morgan Hill Municipal Code, which includes such requirements as cut-off lenses to direct light downward and minimum lighting standards for walkways to ensure safe nighttime conditions. Compliance with these requirements would help to ensure that the light and glare created by the proposed project would be consistent with the levels of light and glare currently emitted in the surrounding developed environment. Therefore, the proposed project would not introduce new sources of substantial light or glare to the site which would adversely affect day or nighttime views in the area, and no impact would occur.
9 Caltrans. California State Scenic Highway System Map. Available at:
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa.
Accessed April 2023.
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II. AGRICULTURE AND FOREST
RESOURCES.
Would the project:
Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the California
Resources Agency, to non-agricultural use?
b. Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?
d. Result in the loss of forest land or conversion of forest land to non-forest use?
e. Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
Discussion
a,e. According to the California Department of Conservation Farmland Mapping and Monitoring Program, the project site is designated as “Urban and Built-Up Land.”10 Given the designation of the site as Urban and Built-Up Land, development of the proposed project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to a non-agricultural use, or otherwise result in the loss of Farmland to non-agricultural use or forest land to non-forest use. Therefore, no impact would occur as a result of the proposed project.
b. The project site is not zoned or designated for agricultural purposes and is not under a Williamson Act contract.11 Therefore, buildout of the proposed project would not conflict with existing zoning for agricultural use or a Williamson Act contract, and no impact would occur. c,d. The project site is not considered forest land (as defined in PRC Section 12220[g]), timberland (as defined by PRC Section 4526), and is not zoned Timberland Production (as defined by Government Code Section 51104[g]). Therefore, the proposed project would have no impact with regard to conversion of forest land or any potential conflict with forest land, timberland, or Timberland Production zoning.
10 California Department of Conservation. California Important Farmland Finder. Available at:
https://maps.conservation.ca.gov/dlrp/ciff/. Accessed April 2023. 11 City of Morgan Hill. Morgan Hill 2035 Draft Environmental Impact Report [pg. 4.2-4]. January 2016.
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III. AIR QUALITY.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Conflict with or obstruct implementation of the applicable air quality plan?
b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard?
c. Expose sensitive receptors to substantial pollutant
concentrations?
d. Result in other emissions (such as those leading to
odors) adversely affecting a substantial number of
people?
Discussion
a,b. The City of Morgan Hill is located in the San Francisco Bay Area Air Basin (SFBAAB), which is under the jurisdiction of the Bay Area Air Quality Management District (BAAQMD).
The SFBAAB area is currently designated as a nonattainment area for State and federal ozone, State and federal fine particulate matter 2.5 microns in diameter (PM2.5), and State respirable particulate matter 10 microns in diameter (PM10) ambient air quality standards (AAQS). The SFBAAB is designated attainment or unclassified for all other AAQS. It should be noted that on January 9, 2013, the U.S. Environmental Protection Agency (USEPA) issued a final rule to determine that the Bay Area has attained the 24-hour PM2.5 federal AAQS. Nonetheless, the Bay Area must continue to be designated as nonattainment for the federal PM2.5 AAQS until such time as the BAAQMD submits a redesignation request and a maintenance plan to the USEPA, and the USEPA approves the proposed redesignation. The USEPA has not yet approved a request for redesignation of the SFBAAB; therefore, the SFBAAB remains in nonattainment for 24-hour PM2.5.
In compliance with regulations, due to the nonattainment designations of the area, the BAAQMD periodically prepares and updates air quality plans that provide emission reduction strategies to achieve attainment of the AAQS, including control strategies to reduce air pollutant emissions through regulations, incentive programs, public education, and partnerships with other agencies. The current air quality plans are prepared in cooperation with the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG).
The most recent federal ozone plan is the 2001 Ozone Attainment Plan, which was adopted on October 24, 2001 and approved by the California Air Resources Board (CARB) on November 1, 2001. The plan was submitted to the USEPA on November 30, 2001 for review and approval. The most recent State ozone plan is the 2017 Clean Air Plan, adopted on April 19, 2017. The 2017 Clean Air Plan was developed as a multi-pollutant plan that provides an integrated control strategy to reduce ozone, PM, toxic air contaminants (TACs), and greenhouse gases (GHGs). Although a plan for achieving the State PM10 standard is not required, the BAAQMD has prioritized measures to reduce PM in developing the control strategy for the 2017 Clean Air Plan. The control strategy serves as the backbone of the BAAQMD’s current PM control program.
The aforementioned air quality plans contain mobile source controls, stationary source controls, and transportation control measures to be implemented in the region to attain the State and federal AAQS within the SFBAAB. Adopted BAAQMD rules and regulations, as well as the thresholds of significance, have been developed with the intent to ensure
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continued attainment of AAQS, or to work towards attainment of AAQS for which the area is currently designated nonattainment, consistent with applicable air quality plans. For development projects, BAAQMD establishes significance thresholds for emissions of the ozone precursors reactive organic gases (ROG) and oxides of nitrogen (NOX), as well as for PM10, and PM2.5, expressed in pounds per day (lbs/day) and tons per year (tons/yr).
The thresholds are listed in Table 1. Thus, by exceeding the BAAQMD’s mass emission thresholds for construction and/or operational emissions of ROG, NOX, or PM10, a project would be considered to conflict with or obstruct implementation of the BAAQMD’s air quality planning efforts.
Table 1
BAAQMD Thresholds of Significance
Pollutant
Construction Operational
Average Daily
Emissions
(lbs/day)
Average Daily
Emissions
(lbs/day)
Maximum Annual
Emissions
(tons/year)
ROG 54 54 10
NOx 54 54 10
PM10 (exhaust) 82 82 15
PM2.5 (exhaust) 54 54 10
Source: BAAQMD, Air Quality Guidelines, April 2023.
Particulate matter can be split into two categories: fugitive and exhaust. The BAAQMD thresholds of significance for exhaust are presented in Table 1. It should be noted that BAAQMD does not maintain quantitative thresholds for fugitive emissions of PM10 or PM2.5, rather, BAAQMD requires all projects within the district’s jurisdiction to implement Basic Construction Mitigation Measures (BCMMs) related to dust suppression.
The proposed project’s construction and operational emissions were quantified using the California Emissions Estimator Model (CalEEMod) software version 2020.4.0 – a statewide model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify air quality emissions, including GHG emissions, from land use projects. The model applies inherent default values for various land uses, including construction data, vehicle mix, trip length, average speed, compliance with the 2019 California Building Standards Code (CBSC), etc. Where projectspecific information is available, such information should be applied in the model.
Accordingly, the proposed project’s modeling assumes the following project and/or sitespecific information:
• Demolition would begin in June 2024 and occur over approximately 20 days; • Construction would begin in July 2024 and occur over approximately one year; • The project would comply with the Model Water Efficient Landscape Ordinance (MWELO) and the 2019 CALGreen Code; and
• The project would comply with all applicable provisions of the 2022 California CBSC.
The proposed project’s estimated emissions associated with construction and operations is provided below. All CalEEMod results are included as Appendix B to this IS/MND.
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Construction Emissions
According to the CalEEMod results, the proposed project would result in maximum unmitigated construction criteria air pollutant emissions as shown in Table 2. As shown in the table, the proposed project’s maximum unmitigated construction emissions would be below the applicable thresholds of significance.
Table 2
Maximum Unmitigated Construction Emissions (lbs/day)
Pollutant
Proposed Project
Emissions
Threshold of
Significance
Exceeds
Threshold?
ROG 1.94 54 NO
NOX 14.12 54 NO
PM10* 0.63 82 NO
PM2.5* 0.59 54 NO
Note:
* Denotes emissions from exhaust only. BAAQMD has not yet adopted PM thresholds for fugitive emissions.
Source: CalEEMod, June 2023 (see Appendix B).
All projects within the jurisdiction of the BAAQMD are required to implement all of the BAAQMD’s BCMMs, which would be required by the City as conditions of approval:
1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
4. All vehicle speeds on unpaved roads shall be limited to 15 mph.
5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
6. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
7. All trucks and equipment, including their tires, shall be washed off prior to leaving the site.
8. Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a six- to 12-inch layer of compacted layer of wood chips, mulch, or gravel.
9. Publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations.
The proposed project’s required implementation of the BAAQMD’s BCMMs listed above for the project’s construction activities would help to minimize construction-related emissions.
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Because the proposed project would be below the applicable thresholds of significance for construction emissions, project construction would not result in a significant air quality impact.
Operational Emissions
According to the CalEEMod results, the proposed project would result in maximum unmitigated operational criteria air pollutant emissions as shown in Table 3. As shown in the table, the proposed project’s operational emissions would be below the applicable thresholds of significance. As such, the proposed project would not result in a significant air quality impact during operations.
Table 3
Maximum Unmitigated Operational Emissions
Pollutant
Proposed Project
Emissions
Threshold of
Significance Exceeds
lbs/day tons/yr lbs/day tons/yr Threshold?
ROG 2.53 0.42 54 10 NO
NOX 2.90 0.50 54 10 NO
PM10* 0.05 0.009 82 15 NO
PM2.5* 0.05 0.009 54 10 NO
Note:
* Denotes emissions from exhaust only. BAAQMD has not yet adopted PM thresholds for fugitive emissions.
Source: CalEEMod, June 2023 (see Appendix B).
Conclusion
As stated previously, the applicable regional air quality plans include the 2001 Ozone Attainment Plan and the 2017 Clean Air Plan. According to BAAQMD, if a project would not result in significant and unavoidable air quality impacts, after the application of all feasible mitigation, the project may be considered consistent with the air quality plans.
Because the proposed project would result in emissions below the applicable thresholds of significance, the proposed project would not be considered to conflict with or obstruct implementation of regional air quality plans.
Because the proposed project would not conflict with or obstruct implementation of the applicable air quality plans, violate any air quality standards or contribute substantially to an existing or projected air quality violation, or result in a cumulatively considerable net increase in any criteria air pollutant, no impact would occur. c. Some land uses are considered more sensitive to air pollution than others, due to the types of population groups or activities involved. Heightened sensitivity may be caused by health problems, proximity to the emissions source, and/or duration of exposure to air pollutants. Children, pregnant women, the elderly, and those with existing health problems are especially vulnerable to the effects of air pollution. Accordingly, land uses that are typically considered to be sensitive receptors include residences, schools, childcare centers, playgrounds, retirement homes, convalescent homes, hospitals, and medical clinics. The nearest existing sensitive receptors to the project site are the medical offices located south of the project site and the future hotel planned immediately west of the project site.
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The major pollutant concentrations of concern are localized carbon monoxide (CO) emissions and TACs, as well as regional effects of emissions of criteria pollutants, which are addressed in further detail below.
Localized CO Emissions
Localized concentrations of CO are related to the levels of traffic and congestion along streets and at intersections. High levels of localized CO concentrations are only expected where background levels are high, and traffic volumes and congestion levels are high.
Emissions of CO are of potential concern, as the pollutant is a toxic gas that results from the incomplete combustion of carbon-containing fuels such as gasoline or wood. CO emissions are particularly related to traffic levels.
In order to provide a conservative indication of whether a project would result in localized CO emissions that would exceed the applicable threshold of significance, the BAAQMD has established screening criteria for localized CO emissions. According to BAAQMD, a proposed project would result in a less-than-significant impact related to localized CO emission concentrations if all of the following conditions are true for the project:
• The project is consistent with an applicable congestion management program established by the county congestion management agency for designated roads or highways, regional transportation plan, and local congestion management agency plans;
• The project traffic would not increase traffic volumes at affected intersections to more than 44,000 vehicles per hour; and
• The project traffic would not increase traffic volumes at affected intersections to more than 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited (e.g., tunnel, parking garage, bridge underpass, natural or urban street canyon, below-grade roadway).
Given that the proposed project is consistent with the site’s current land use and zoning designations, the proposed project would not conflict with the Santa Clara Valley Transportation Authority (VTA) Congestion Management Program (CMP).12 Based on the Trip Generation and Operations Analysis prepared for the proposed project by Hexagon Transportation Consultants, Inc.,13 the proposed project would generate 820 vehicle trips per day. According to the City’s General Plan Draft EIR, average daily two-way traffic on Sutter Boulevard and Cochrane Road in the project vicinity is 4,349 trips and 20,436 trips, respectively.
14 Considering the proposed project is expected to generate up to 820 daily trips, traffic associated with the proposed development would not increase traffic volumes at any affected intersection to more than 44,000 vehicles per hour. Furthermore, areas where vertical and/or horizontal mixing is limited due to tunnels, underpasses, or similar features do not exist in the project area. Therefore, based on the BAAQMD’s screening criteria for localized CO emissions, the proposed project would not be expected to result in substantial levels of localized CO at surrounding intersections or generate localized concentrations of CO that would exceed standards or cause health hazards. 12 Santa Clara Valley Transportation Authority. 2021 Congestion Management Program Document. December 2021. 13 Hexagon Transportation Consultants, Inc. Subject: Trip Generation and Operations Analysis for the Proposed 18599 Sutter Boulevard Chick-Fil-A in Morgan Hill, California. June 2, 2023. 14 City of Morgan Hill. 2035 General Plan Draft Environmental Impact Report [pg. 4.14-23]. January 2016..
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TAC Emissions
Another category of environmental concern is TACs. The CARB’s Air Quality and Land Use Handbook: A Community Health Perspective (Handbook) provides recommended setback distances for sensitive land uses from major sources of TACs, including, but not limited to, freeways and high traffic roads, distribution centers, gas dispensing facilities, and rail yards. The CARB has identified diesel particulate matter (DPM) from diesel-fueled engines as a TAC; thus, high volume freeways, stationary diesel engines, and facilities attracting heavy and constant diesel vehicle traffic are identified as having the highest associated health risks from DPM. Health risks associated with TACs are a function of both the concentration of emissions and the duration of exposure, where the higher the concentration and/or the longer the period of time that a sensitive receptor is exposed to pollutant concentrations would correlate to a higher health risk. As noted above, the nearest existing sensitive receptors to the project site are the medical offices located south of the project site and the future hotel planned immediately west of the project site.
The proposed project does not include any operations that would be considered a substantial source of TACs. Accordingly, operations of the proposed project would not expose sensitive receptors to excess concentrations of TACs.
Short-term, construction-related activities would result in the generation of TACs, specifically DPM, from on-road haul trucks and off-road equipment exhaust emissions.
Construction is temporary and occurs over a relatively short duration in comparison to the operational lifetime of the proposed project. Health risks are typically associated with exposure to high concentrations of TACs over extended periods of time (e.g., 30 years or greater), whereas the construction period associated with the proposed project is estimated to be approximately one year.
All construction equipment and operation thereof would be regulated per the In-Use OffRoad Diesel Vehicle Regulation, which is intended to help reduce emissions associated with off-road diesel vehicles and equipment, including DPM. Project construction would also be required to comply with all applicable BAAQMD rules and regulations, particularly associated with permitting of air pollutant sources. In addition, only portions of the site would be disturbed at a time throughout the construction period, with operation of construction equipment occurring intermittently throughout the course of a day rather than continuously at any one location on the project site. Operation of construction equipment within portions of the development area would allow for the dispersal of emissions, and would ensure that construction-activity is not continuously occurring in the portions of the project site closest to existing receptors. Because construction equipment on-site would not operate for long periods of time and would be used at varying locations within the site, associated emissions of DPM would not occur at the same location (or be evenly spread throughout the entire project site) for long periods of time. Due to the temporary nature of construction and the relatively short duration of potential exposure to associated emissions, the potential for any one sensitive receptor in the area to be exposed to concentrations of pollutants for a substantially extended period of time would be low.
Furthermore, the project applicant would be required to prepare, and include on all site development and grading plans, a management plan detailing strategies for control of noise, dust and vibration, and storage of hazardous materials during construction of the project. Pursuant to Section 18.76.040 (Air Contaminants) of the City’s Municipal Code, the management plan must include all applicable BAAQMD rules and regulations, as well as the City’s standard conditions for construction activity. The City of Morgan Hill
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Development Services Department would ensure that the BAAQMD’s BCMMs, listed under section “a,b” above, would be noted on project construction drawings prior to issuance of a building permit or approval of improvement plans.
Criteria Pollutant Emissions
Criteria pollutant emissions have the ability to cause negative health effects. As discussed under section ‘a’ above, the AAQS presented are health-based standards designed to ensure safe levels of criteria pollutants that avoid specific adverse health effects. Because the SFBAAB is designated as nonattainment for State and federal eight-hour ozone and State PM10 standards, the BAAQMD, along with other air districts in the SFBAAB region, has adopted federal and state attainment plans to demonstrate progress towards attainment of the AAQS. Full implementation of the attainment plans would ensure that the AAQS are attained and sensitive receptors within the SFBAAB are not exposed to excess concentrations of criteria pollutants. The BAAQMD’s thresholds of significance were established with consideration given to the health-based air quality standards established by the AAQS, and are designed to aid the district in implementing the applicable attainment plans to achieve attainment of the AAQS. Thus, if a project’s criteria pollutant emissions exceed the BAAQMD’s emission thresholds of significance, a project would be considered to conflict with or obstruct implementation of the BAAQMD’s air quality planning efforts, thereby delaying attainment of the AAQS. Because the AAQSs are representative of safe levels that avoid specific adverse health effects, a project’s hinderance of attainment of the AAQS could be considered to contribute towards regional health effects associated with the existing nonattainment status of ozone and PM standards.
However, as discussed above, the proposed project would not result in exceedance of the BAAQMD’s thresholds of significance. Consequently, implementation of the proposed project would not conflict with the BAAQMD’s adopted attainment plans nor would the proposed project inhibit attainment of regional AAQS. Therefore, implementation of the proposed project would not contribute towards regional health effects associated with the existing nonattainment status of ozone and PM10 standards.
Conclusion
Based on the above, the proposed project would not expose any sensitive receptors to substantial concentrations of localized CO, TACs, or criteria air pollutants associated with construction or operation. Therefore, the proposed project would not result in the exposure of sensitive receptors to substantial pollutant concentrations, and no impact would occur. d. Emissions such as those leading to odors have the potential to adversely affect sensitive receptors within the project area. Pollutants of principal concern include emissions leading to odors, emission of dust, or emissions considered to constitute air pollutants. Air pollutants have been discussed in sections ‘a’ through ‘c’ above. Therefore, the following discussion focuses on emissions of odors and dust.
Pursuant to the BAAQMD CEQA Guidelines, odors are generally regarded as an annoyance rather than a health hazard.15 Manifestations of a person’s reaction to odors can range from psychological (e.g., irritation, anger, or anxiety) to physiological (e.g., circulatory and respiratory effects, nausea, vomiting, and headache). The presence of an 15 Bay Area Air Quality Management District. California Environmental Quality Act Air Quality Guidelines [pg. 7-1].
May 2017.
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odor impact is dependent on several variables including: the nature of the odor source; the frequency of odor generation; the intensity of odor; the distance of odor source to sensitive receptors; wind direction; and sensitivity of the receptor.
Due to the subjective nature of odor impacts, the number of variables that can influence the potential for an odor impact, and the variety of odor sources, quantification of significant odor impacts is relatively difficult. Typical odor-generating land uses include, but are not limited to, wastewater treatment plants, landfills, and composting facilities. The proposed project would not introduce any such land uses.
Construction activities often include diesel-fueled equipment and heavy-duty diesel trucks, which can create odors associated with diesel fumes, which could be found to be objectionable. However, as discussed above, construction activities would be temporary, and operation of construction equipment would be regulated and intermittent. Project construction would also be required to comply with all applicable BAAQMD rules and regulations, particularly associated with permitting of air pollutant sources. The aforementioned regulations would help to minimize air pollutant emissions, as well as any associated odors. Accordingly, substantial objectionable odors would not occur during construction activities or affect a substantial number of people.
In addition, the BAAQMD rules and regulations would act to reduce construction-related dust, which would ensure that construction of the proposed project does not result in substantial emissions of dust. Following project construction, the project site would not include any exposed topsoil. Thus, project operations would not include any substantial sources of dust.
For the aforementioned reasons, construction and operation of the proposed project would not result in emissions (such as those leading to odors) adversely affecting a substantial number of people, and no impact would result.
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IV. BIOLOGICAL RESOURCES.
Would the project:
Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the
California Department of Fish and Wildlife or US Fish and Wildlife Service?
c. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
d. Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites?
e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
f. Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Conservation Community
Plan, or other approved local, regional, or state habitat conservation plan?
Discussion
a,f. The project site is located within the boundaries of the SCVHP. The SCVHP was developed through a partnership between Santa Clara County, the cities of San José, Morgan Hill, and Gilroy, the Santa Clara Valley Water District (SCVWD), the Santa Clara VTA, the U.S. Fish and Wildlife Service (USFWS), and the California Department of Fish and Wildlife (CDFW). The SCVHP is intended to promote the recovery of endangered species and enhance ecological diversity and function, while accommodating planned growth in approximately 500,000 acres of southern Santa Clara County. The SCVHP provides take authorization for 18 covered species. In addition, the SCVHP includes conservation measures to protect the species covered by the SCVHP, as well as a conservation strategy designed to mitigate impacts on covered species and contribute to the recovery of the species in the study area.
The site is currently developed with an unoccupied, single-story, 6,900-sf restaurant and an associated surface parking lot, as well as multiple trees located along the edges of the project site. The observed site conditions are consistent with the SCVHP, which designates the site as an Urban-Suburban developed land cover type. 16 The UrbanSuburban land cover type is described in the SCVHP as developed areas “where the native vegetation has been cleared for residential, commercial, industrial, transportation, or recreational structures, and is defined as one or more structures per 2.5 acres.”17 16 Santa Clara Valley Habitat Agency. Geobrowser. Available at: http://www.hcpmaps.com/habitat/. Accessed April 2023. 17 Santa Clara Valley Habitat Agency. Final Santa Clara Valley Habitat Plan [pg. 3-100]. August 2012.
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Typically, species covered by the SCVHP are unlikely to occur within Urban-Suburban areas. Therefore, areas designated as Urban-Suburban are not subject to a Land Cover Fee.18 Pursuant to the SCVHP Geobrowser program, the project site is not located within a designated Plant or Wildlife Survey Area for any covered species.19 In addition, the SCVHP Geobrowser program indicates that the project site is located outside of the SCVHP Burrowing Owl Fee Area, and is not identified in the SCVHP as Occupied Nesting Burrowing Owl Habitat, Potential Burrowing Owl Nesting/Overwintering Habitat Depending on Site Conditions, or Overwintering Only Habitat.
Due to the disturbed nature of the project site and the existing development in the project vicinity, the project site does not provide habitat for endangered, rare, or threatened species. Thus, the project site meets the infill exemption criteria (c) established by CEQA Guidelines Section 15332. It should be noted that while not considered special-status species, migratory birds could potentially nest in the existing on-site trees and other vegetation. However, as part of the City’s standard conditions of approval, a preconstruction survey for migratory birds would be required prior to removal of on-site trees if tree removal would occur during the avian nesting season.
Therefore, development of the proposed project would not have a substantial adverse effect, either directly or through habitat modifications, on species identified as a candidate, sensitive, or special-status in local or regional plans, policies, or regulations, or by the CDFW or USFWS; nor would the proposed project conflict with the provisions of the SCVHP. Thus, no impact would occur.
b,c. The project site is primarily characterized by an existing vacant restaurant and an associated surface parking lot, as well as multiple trees located along the edges of the project site. The project site is generally surrounded by existing development and roadways. The site does not contain any existing wetlands or riparian habitat. Accordingly, the proposed project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community, or on federally-protected wetlands, and no impact would occur.
d. Movement corridors or landscape linkages are usually linear habitats that connect two or more habitat patches, providing assumed benefits to the species by reducing inbreeding depression and increasing the potential for recolonization of habitat patches. The project site does not fall within any regional corridor defined by the SCVHP. Furthermore, the project site does not support wildlife movement, as the site is currently developed and substantially surrounded by other urban development.
Given that the project site and the properties within the project vicinity are already developed or under construction and do not support any major wildlife movement corridors, buildout of the project site would not constrain native wildlife movement. As such, the proposed project would not interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites. Thus, no impact would occur. 18 Santa Clara Valley Habitat Agency. Geobrowser. Available at: http://www.hcpmaps.com/habitat/. Accessed April 2023. 19 Ibid.
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e. Section 12.32.030 (Permit-Required) of the City of Morgan Hill’s Municipal Code requires the approval of a tree removal permit before the removal of any Ordinance Sized Trees, defined as a non-indigenous tree with a circumference greater than 40 inches (approximately 12.7-inch diameter) or any indigenous tree with circumference greater than 18 inches (approximately 5.7 inches diameter). Indigenous tree means any tree native to the Morgan Hill region, such as oaks (all types), Sycamore, California Bay, Madrone, or Alder.
The proposed project would require the removal of all on-site trees. Currently, an evaluation of on-site trees has not been performed; as such, the project site has the potential to contain Ordinance Sized Trees. However, pursuant to Section 12.32.030(A) of the City’s Code of Ordinances, a permit shall not be required for “Developments which have been reviewed and approved by the planning commission or community development director and the tree removal conforms with the landscape plans of those developments.” The proposed project would be subject to Design Review, which, pursuant to Section 18.108.040 of the Code of Ordinances, shall be reviewed by the community development director. Therefore, the proposed project would not be required to obtain a tree removal permit. In addition, it is noted that the proposed project would include the planting of various shrubs and ground cover along the site perimeter, and within the proposed parking area. The Preliminary Landscape Plan prepared for the proposed project also reflects replacement planting of 14 crape myrtle trees, ten fruitless olives, and seven coast live oaks throughout the landscaped portions of the project site.
Based on the above, the proposed project would not conflict with local policies or ordinances protecting biological resources, and no impact would occur.
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V. CULTURAL RESOURCES.
Would the project:
Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5? b. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5?
c. Disturb any human remains, including those interred
outside of dedicated cemeteries.
Discussion
a,b,c. The project site is currently developed with a vacant restaurant building and an associated parking lot. As such, the site has been subject to significant disturbance, and is unlikely to contain any cultural resources. Furthermore, the existing on-site restaurant building was constructed in 1990, and, thus, does not meet the age for being considered historic.
Therefore, historical resources would not be affected by implementation of the proposed project.
However, as noted in the General Plan EIR, archaeological surveys conducted in Morgan Hill have identified numerous prehistoric sites with shell midden components, including human burials. Based on such findings, the potential exists for subsurface historical resources and previously unknown archaeological resources to be found on-site during grading and excavation associated with development of the proposed project. In the event that such resources are unearthed during ground disturbing activities (i.e., any activity that exposes, works or redistributes soil, including but not limited to excavating, filling, stockpiling, grading, grubbing, or clearing), the following City standard conditions of approval related to the protection of historical and archaeological resources would be implemented, consistent with Section 18.60.090 of the City’s Municipal Code:
A. The developer shall enter into written contracts with an archaeologist and the Tamien Nation Tribe, and pay all fees associated with the activities required by this condition. The following policies and procedures for treatment and disposition of inadvertently discovered human remains or archaeological materials shall apply:
1. Prior to start of grading or earthmoving activity (includes demolition and moving of heavy equipment on site) on the “first day of construction”, the archaeologist and Tamien Nation Tribal Monitor shall hold a preconstruction meeting for the purposes of "cultural sensitivity training" with the general contractor and subcontractors.
2. An archaeologist and a Tamien Nation Tribal Monitor shall be present on-site to monitor all ground disturbing activities and an archaeologist shall be on-call. Where historical or archaeological artifacts are found, work in areas where remains or artifacts are found will be restricted or stopped until proper protocols are met, as described below:
a) Work at the location of the find will halt immediately within fifty feet of the find. If an archaeologist is not present at the time of the discovery, the applicant shall contact an archaeologist for
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evaluation of the find to determine whether it qualifies as a unique archaeological resource as defined by this chapter. b) If the find is determined not to be a Unique Archaeological Resource, construction can continue. The archaeologist will prepare a brief informal memo/letter in collaboration with a tribal representative that describes and assesses the significance of the resource, including a discussion of the methods used to determine significance for the find;
c) If the find appears significant and to qualify as a unique archaeological resource, the archaeologist will determine if the resource can be avoided and will detail avoidance procedures in a formal memo/letter; and
d) If the resource cannot be avoided, the archaeologist in collaboration with a tribal representative shall develop within forty-eight hours an action plan to avoid or minimize impacts.
The field crew shall not proceed until the action plan is approved by the Development Services Director. The action plan shall be in conformance with California Public Resources Code 21083.2.
3. The following policies and procedures for treatment and disposition of inadvertently discovered human remains or archaeological materials shall apply. If human remains are discovered, it is probable they are the remains of Native Americans,
a) If human remains are encountered, they shall be treated with dignity and respect as due to them. Discovery of Native American remains is a very sensitive issue and serious concern.
Information about such a discovery shall be held in confidence by all project personnel on a need-to-know basis. The rights of Native Americans to practice ceremonial observances on sites, in labs and around artifacts shall be upheld.
b) Remains should not be held by human hands. Surgical gloves should be worn if remains need to be handled.
c) Surgical mask should also be worn to prevent exposure to pathogens that may be associated with the remains.
4. In the event that known or suspected Native American remains are encountered, or significant historic or archaeological materials are discovered, ground-disturbing activities shall be immediately stopped.
Examples of significant historic or archaeological materials include, but are not limited to, concentrations of historic artifacts (e.g., bottles, ceramics) or prehistoric artifacts (chipped chert or obsidian, arrow points, ground stone mortars and pestles), culturally altered ash stained midden soils associated with pre-contact Native American habitation sites, concentrations of fire-altered rock and/or burned or charred organic materials and historic structure remains such as stone lined building foundations, wells or privy pits. Ground-disturbing project
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activities may continue in other areas that are outside the exclusion zone as defined below.
5. An "exclusion zone" where unauthorized equipment and personnel are not permitted shall be established (e.g., taped off) around the discovery area plus a reasonable buffer zone by the contractor foreman or authorized representative, or party who made the discovery and initiated these protocols, or if on-site at the time or discovery, by the monitoring archaeologist and tribal representative (typically twenty-five to fifty feet for single burial or archaeological find).
6. The discovery locale shall be secured (e.g., 24-hour surveillance) as directed by the City or County if considered prudent to avoid further disturbances.
7. The Contractor Foreman or authorized representative, or party who made the discovery and initiated these protocols shall be responsible for immediately contacting by telephone the parties listed below to report the find and initiate the consultation process for treatment and disposition:
• The City of Morgan Hill Development Services Director (408) 779-7247
• The Contractor’s Point(s) of Contact
• The Coroner of the County of Santa Clara (if human remains found) (408) 793-1900
• The Native American Heritage Commission (NAHC) in
Sacramento (916) 653-4082
• The Amah Mutsun Tribal Band (916) 481-5785 (H) or (916) 743- 5833 (C)
• The Tamien Nation (707) 295-4011 (office) and (925) 336-5359 (THPO)
8. The Coroner has two working days to examine the remains after being notified of the discovery. If the remains are Native American the Coroner has 24 hours to notify the NAHC.
9. The NAHC is responsible for identifying and immediately notifying the Most Likely Descendant (MLD). (Note: NAHC policy holds that the Native American Monitor will not be designated the MLD.)
10. Within 24 hours of their notification by the NAHC, the MLD will be granted permission to inspect the discovery site if they so choose.
11. Within 24 hours of their notification by the NAHC, the MLD may recommend to the City’s Development Services Director the recommended means for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The
recommendation may include the scientific removal and nondestructive or destructive analysis of human remains and items
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associated with Native American burials. Only those osteological analyses or DNA analyses recommended by the appropriate tribe may be considered and carried out.
12. If the MLD recommendation is rejected by the City of Morgan Hill the parties will attempt to mediate the disagreement with the NAHC. If mediation fails then the remains and all associated grave offerings shall be reburied with appropriate dignity on the property in a location not subject to further subsurface disturbance.
Compliance with the above standard conditions of approval would ensure that construction of the proposed project would result in no impact related to historical resources and unique archeological resources, as well as the disturbance of human remains.
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VI. ENERGY.
Would the project:
Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or
operation?
b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
Discussion
a,b. The main forms of available energy supply are electricity, natural gas, and oil. A description of the 2022 California Green Building Standards Code (CALGreen Code) and the Building Energy Efficiency Standards, with which the proposed project would be required to comply, as well as discussions regarding the proposed project’s potential effects related to energy demand during construction and operations are provided below.
California Green Building Standards Code
The 2022 California Green Building Standards Code, otherwise known as the CALGreen Code (CCR Title 24, Part 11) is a portion of the CBSC, which became effective on January 1, 2023.20 The purpose of the CALGreen Code is to improve public health, safety, and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices. The CALGreen standards regulate the method of use, properties, performance, types of materials used in construction, alteration repair, improvement and rehabilitation of a structure or improvement to property. The provisions of the code apply to the planning, design, operation, construction, use, and occupancy of every newly constructed building or structure throughout California.
Requirements of the CALGreen Code include, but are not limited to, the following measures:
• Compliance with relevant regulations related to future installation of EV charging infrastructure in residential and non-residential structures; • Indoor water use consumption is reduced through the establishment of maximum fixture water use rates;
• Outdoor landscaping must comply with the California Department of Water Resources’ MWELO, or a local ordinance, whichever is more stringent, to reduce outdoor water use;
• Diversion of 65 percent of construction and demolition waste from landfills; and • Mandatory use of low-pollutant emitting interior finish materials such as paints, carpet, vinyl flooring, and particle board.
Building Energy Efficiency Standards
The 2022 Building Energy Efficiency Standards are a portion of the CBSC that expand upon energy efficiency measures from the 2019 Building Energy Efficiency Standards resulting in a reduction in energy consumption from the 2019 standards. Energy reductions relative to previous Building Energy Efficiency Standards would be achieved 20 California Building Standards Commission. California Green Building Standards Code. 2022.
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through various regulations including requirements for the use of high efficacy lighting, improved water heating system efficiency, and high-performance attics and walls.
As incorporated in the 2019 Building Energy Efficiency Standards, the 2022 Building Energy Efficiency Standards require that that certain nonresidential developments be constructed with solar readiness for the future installation of rooftop solar panels.
Construction Energy Use
Construction of the proposed project would involve on-site energy demand and consumption related to use of oil in the form of gasoline and diesel fuel for construction worker vehicle trips, hauling and materials delivery truck trips, and operation of off-road construction equipment. In addition, diesel-fueled portable generators may be necessary to provide additional electricity demands for temporary on-site lighting, welding, and for supplying energy to areas of the site where energy supply cannot be met via a hookup to the existing electricity grid. Project construction would not involve the use of natural gas appliances or equipment.
Even during the most intense period of construction, due to the different types of construction activities (e.g., site preparation, grading, building construction), only portions of the project site would be disturbed at a time, with operation of construction equipment occurring at different locations on the project site, rather than a single location. In addition, all construction equipment and operation thereof would be regulated pursuant to the CARB In-Use Off-Road Diesel Vehicle Regulation. The In-Use Off-Road Diesel Vehicle Regulation is intended to reduce emissions from off-road, heavy-duty diesel vehicles in California by imposing limits on idling, requiring all vehicles to be reported to CARB, restricting the addition of older vehicles into fleets, and requiring fleets to reduce emissions by retiring, replacing, or repowering older engines, or installing exhaust retrofits. In addition, as a means of reducing emissions, construction vehicles are required to become cleaner through the use of renewable energy resources. The In-Use Off-Road Diesel Vehicle Regulation would therefore help to improve fuel efficiency for equipment used in construction of the proposed project. Technological innovations and more stringent standards are being researched, such as multi-function equipment, hybrid equipment, or other design changes, which could help to further reduce demand on oil and limit emissions associated with construction.
Based on the above, the temporary increase in energy use occurring during construction of the proposed project would not result in a significant increase in peak or base demands or require additional capacity from local or regional energy supplies. In addition, the proposed project would be required to comply with all applicable regulations related to energy conservation and fuel efficiency, which would help to reduce the temporary increase in demand.
Operational Energy Use
In response to the growing climate crisis, the City has determined that natural gas use in local buildings, which accounts for approximately one-third of the community’s carbon footprint, represents the City’s greatest opportunity to reduce future GHG emissions.
Requiring all new buildings to be constructed without natural gas will dramatically reduce future emission growth as electricity procured by Silicon Valley Clean Energy is 100 percent carbon free. The City Council adopted Ordinance No. 2306 on November 6, 2019,
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which prohibits natural gas infrastructure in new buildings. According to the project designs, the proposed project would not be designed to include natural gas.
Energy use associated with operation of the proposed project would be typical of drivethru commercial uses, requiring electricity for interior and exterior building lighting, HVAC, electronic equipment, machinery, cooking equipment, refrigeration, appliances, security systems, and more. Maintenance activities during operations, such as landscape maintenance, would involve the use of electric or gas-powered equipment. In addition to on-site energy use, the proposed project would result in transportation energy use associated with vehicle trips generated by the proposed development.
The proposed project would be subject to all relevant provisions of the most recent update of the CBSC, including the CALGreen Code and the Building Energy Efficiency Standards.
Adherence to the most recent CALGreen Code and the Building Energy Efficiency Standards would ensure that the proposed structure would consume energy efficiently through the incorporation of such features as efficient water heating systems, high performance attics and walls, and high efficacy lighting. Required compliance with the CBSC would ensure that the building energy use associated with the proposed project would not be wasteful, inefficient, or unnecessary.
With regard to transportation energy use, the proposed project would comply with all applicable regulations associated with vehicle efficiency and fuel economy. In addition, as discussed in Section XVII, Transportation, of this Initial Study, the proposed project qualifies as a local-serving facility. As such, the proposed project would not result in a significant impact related to VMT, or, by extension, fuel consumption. Therefore, the proposed project would not result in an adverse impact related to transportation energy use.
Conclusion
Based on the context above, construction and operation of the proposed project would not result in wasteful, inefficient, or unnecessary consumption of energy resources or conflict with or obstruct a State or local plan for renewable energy or energy efficiency. Thus, no impact would occur.
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VII. GEOLOGY AND SOILS.
Would the project:
Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death
involving:
i. Rupture of a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the
area based on other substantial evidence of a
known fault? Refer to Division of Mines and
Geology Special Publication 42.
ii. Strong seismic ground shaking?
iii. Seismic-related ground failure, including
liquefaction?
iv. Landslides?
b. Result in substantial soil erosion or the loss of topsoil? c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
d. Be located on expansive soil, as defined in Table 18-1B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property?
e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of
wastewater?
f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Discussion
ai-ii. According to the City of Morgan Hill General Plan EIR, major faults located in the project area include the Calaveras Fault located approximately 4.1 miles northeast of the City, the San Andreas Fault located approximately five miles southwest of the City, and the Sargent Fault located approximately three miles west of the City. Given that known surface expressions of fault traces do not exist within the City of Morgan Hill, including the site, fault rupture hazard is not a significant geologic hazard at the site. In addition, AlquistPriolo Earthquake Fault Zones are not delineated within or near the project site.21 Due to the proximity of the site to nearby active faults, strong ground shaking could occur at the site as a result of an earthquake on any one of the faults. However, the proposed project would be subject to all applicable regulations within the CBSC and Chapter 15.08 (Building Code) of the City’s Municipal Code, which provide standards to protect property and public safety by regulating the design and construction of foundations, building frames, and other building elements. Therefore, no impact would occur related to exposure of people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault or strong seismic ground shaking.
21 California Department of Conservation. Earthquake Zones of Required Investigation. Available at:
https://maps.conservation.ca.gov/cgs/EQZApp/app//. Accessed April 2023.
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aiii,aiv,
c. The proposed project’s potential effects related to liquefaction, landslides, lateral spreading, and subsidence/settlement are discussed in detail below.
Liquefaction
Liquefaction is the temporary transformation of loose, saturated granular sediments from a solid state to a liquefied state as a result of seismic ground shaking. In the process, the soil undergoes transient loss of strength, which commonly causes ground displacement or ground failure to occur. Because saturated soils are a necessary condition for liquefaction, soil layers in areas where the groundwater table is near the surface have higher liquefaction potential than those in which the water table is located at greater depths. Additionally, loose unsaturated sandy soils have the potential to settle during strong seismic shaking.
According to the ABAG Resilience Program’s interactive Hazards Map, the project site is located in an area of low liquefaction susceptibility.22 However, the Safety, Services, and Infrastructure Element of the General Plan acknowledges the hazards associated with seismically induced liquefaction in the planning area, and includes a number of policies (SSI-1.1, 1.2, 2.1, and 2.3) that are relevant to the potential hazards. The CBSC and Morgan Hill Building Code also provide standards to protect property and public safety by regulating the design and construction of excavations, foundations, building frames, retaining walls, and other building elements, which would further reduce the potential for seismic-related ground failure, including liquefaction. Compliance with the aforementioned regulations would ensure that substantial adverse effects related to liquefaction would not occur.
Landslides
Seismically-induced landslides are triggered by earthquake ground shaking. The risk of landslide hazard is greatest in areas with steep, unstable slopes. The project site is located on level ground, and, thus, would not be subject to landslides.
Lateral Spreading
Lateral spreading is horizontal/lateral ground movement of relatively flat-lying soil deposits towards a free face such as an excavation, channel, or open body of water; typically, lateral spreading is associated with liquefaction of one or more subsurface layers near the bottom of the exposed slope. As stated above, the project site is generally flat. In addition, a free face such as an excavation or channel is not located immediately adjacent to the project site. Furthermore, the General Plan EIR concluded that impacts related to lateral spreading would be reduced to a less-than-significant level with compliance with the CBSC, the Santa Clara County General Plan, and the Morgan Hill Municipal Code.
Therefore, adverse impacts related to lateral spreading would not occur.
Subsidence/Settlement
Subsidence is the settlement of soils of very low density generally from either oxidation of organic material, or desiccation and shrinkage, or both, following drainage. Subsidence takes place gradually, usually over a period of several years. Given that the proposed 22 Association of Bay Area Governments. Resilience Program. Available at:
https://mtc.maps.arcgis.com/apps/webappviewer/index.html?id=4a6f3f1259df42eab29b35dfcd086fc8. Accessed April 2023.
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project would comply with the CBSC, the potential for subsidence to pose a risk to the proposed development is relatively low. In addition, the General Plan EIR concludes that impacts related to subsidence/settlement would be reduced to a less-than-significant level with compliance with the CBSC, the Santa Clara County General Plan, and the Morgan Hill Municipal Code. Therefore, adverse impacts related to subsidence or settlement would not occur.
Conclusion
Based on the above, the proposed project would not be subject to substantial risks related to liquefaction, landslides, lateral spreading, and subsidence/settlement. Compliance with standard construction regulations included in the CBSC would ensure that the proposed project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving liquefaction, subsidence, or settlement, and would not be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site subsidence, liquefaction, or collapse. Thus, no impact would occur.
b. Development of the proposed project would cause ground disturbance of mostly topsoil related to construction activity. The ground disturbance would be limited to the areas proposed for grading and excavation, including building pads, curb, gutter, drainage, sewer, and water infrastructure alignments. After grading and excavation and prior to overlaying the disturbed surfaces with impervious surfaces and structures, the potential exists for wind and water erosion to occur, which could adversely affect downstream storm drainage facilities.
New development within the City that disturbs one or more acres of land is required to comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit and prepare a Storm Water Pollution Prevention Plan (SWPPP) incorporating Best Management Practices (BMPs) to control sedimentation, erosion, and hazardous materials contamination of runoff during construction. The proposed project would disturb approximately 1.82 acres and, thus, would be subject to such requirements.
In addition, pursuant to Chapter 13.30 (Urban Storm Water Quality Management and Discharge Control) of the City’s Municipal Code, an Erosion Control Plan must be prepared for the proposed project. BMPs of the Erosion Control Plan would include drainage inlet protection, designation of a temporary construction entrance, as well as temporary fiber rolls and other BMPs to prevent pollution and erosion. In addition, the Erosion Control Plan would be subject to review and approval by the City Engineer prior to the approval of improvement plans and the issuance of building permits to ensure that the plan complies with City standards. Therefore, the proposed project would not result in substantial soil erosion or the loss of topsoil, and, no impact would occur. d. Expansive soils can undergo significant volume changes with changes in moisture content. Specifically, such soils shrink and harden when dried and expand and soften when wetted. If structures are underlain by expansive soils, foundation systems must be capable of withstanding the potential damaging movements of the soil. According to the U.S. Department of Agriculture’s Web Soil Survey, the project site consists entirely of Arbuckle gravelly loam, which is not limited with regard to shrink-swell potential. 23 In
addition, the proposed project would be required to comply with all applicable CBSC 23 United States Department of Agriculture. Web Soil Survey. Available at:
https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx. Accessed April 2023.
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standards to ensure the structural integrity of the proposed structures. Given required compliance with the CBSC and all applicable construction standards provided in the Municipal Code, the proposed project would not be subject to substantial risks related to expansive soils.
Based on the above, the proposed project would not create substantial direct or indirect risks to life or property related to being located on expansive soil, as defined in Table 18- 1B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property. Thus, a less-than-significant impact would occur. e. The proposed development would connect to existing City-maintained sewer infrastructure and would not include the use of septic tanks. Accordingly, no impact would occur related to soils incapable of adequately supporting the use of septic tanks. f. Paleontological resources or fossils are the remains of prehistoric plant and animal life.
As noted in the General Plan EIR, based on a review of the University of California’s Museum of Paleontology’s fossil locality database conducted for all of Santa Clara County, paleontological resources have not been identified within the City of Morgan Hill.24 In addition, the project site has been subject to previous disturbance. Thus, paleontological resources are not expected to occur on the site. Furthermore, the proposed project would be subject to the City’s standard measures listed in Section V, Cultural Resources, of this Initial Study. As noted in the General Plan EIR, such measures would ensure adverse impacts to paleontological resources are avoided.
As noted in the City’s General Plan, occurrences of fossil resources are closely tied to the geologic units. The soil types at the project site are not considered unique geologic features and are common within the geographic area of the City. As such, development of the proposed project would not destroy a unique geologic feature. Therefore, the proposed project would not result in the direct or indirect destruction of a unique paleontological resource or unique geological feature, and no impact would occur. 24 City of Morgan Hill. Morgan Hill 2035 Draft Environmental Impact Report [pg. 4.5-17]. January 2016.
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VIII. GREENHOUSE GAS EMISSIONS.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
greenhouse gasses?
Discussion
a,b. Emissions of GHGs contributing to global climate change are attributable in large part to human activities associated with the industrial/manufacturing, utility, transportation, residential, and agricultural sectors. Therefore, the cumulative global emissions of GHGs contributing to global climate change can be attributed to every nation, region, and city, and virtually every individual on Earth. An individual project’s GHG emissions are at a micro-scale level relative to global emissions and effects to global climate change; however, an individual project could result in a cumulatively considerable incremental contribution to a significant cumulative macro-scale impact. As such, impacts related to emissions of GHG are inherently considered cumulative impacts.
Implementation of the proposed project would cumulatively contribute to increases of GHG emissions. Estimated GHG emissions attributable to future development would be primarily associated with increases of carbon dioxide (CO2) and, to a lesser extent, other GHG pollutants, such as methane (CH4) and nitrous oxide (N2O) associated with area sources, mobile sources or vehicles, utilities (electricity and natural gas), water usage, wastewater generation, and the generation of solid waste. The primary source of GHG emissions for the project would be mobile source emissions. The common unit of measurement for GHG is expressed in terms of annual metric tons of CO2 equivalents (MTCO2e/yr).
The proposed project is located within the jurisdictional boundaries of BAAQMD. The most recent BAAQMD Air Quality Guidelines were released in April 2023.25 The updated GHG thresholds address more recent climate change legislation, including Senate Bill (SB) 32, and provide qualitative thresholds related to Buildings and Transportation.
Construction GHG emissions are a one-time release and are, therefore, not typically expected to generate a significant contribution to global climate change. Neither the City nor BAAQMD has an adopted threshold of significance for construction-related GHG emissions and does not require quantification. Nonetheless, the proposed project’s construction GHG emissions, as well as operational emissions, have been estimated using CalEEMod under the same assumptions discussed in Section III, Air Quality, of this IS (see Appendix B). The emissions estimates prepared for the proposed project determined that unmitigated construction of the project would result in total GHG emissions of 801.88 MTCO2e over the entire construction period.
Potential impacts related to operational GHG emissions resulting from implementation of the proposed project are considered in comparison with BAAQMD’s adopted thresholds of significance below.
25 Bay Area Air Quality Management District. 2022 California Environmental Quality Act Guidelines. April 2023.
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BAAQMD Thresholds of Significance
The BAAQMD’s adopted thresholds of significance for GHG emissions are qualitative, and address recent climate change legislation, including SB 32. According to the new thresholds of significance, a project must either include specific project design elements (e.g., exclude use of natural gas, achieve a specific reduction in project-generated VMT below the regional average) or be consistent with a local GHG reduction strategy that meets the criteria under State CEQA Guidelines Section 15183.5(b).26 In December of 2021, the City of Morgan Hill adopted a Climate Action Plan (CAP); 27 however, the City’s CAP does not qualify as a local GHG reduction strategy under CEQA Guidelines Section 15183.5(b). Therefore, the following analysis focuses on the new BAAQMD GHG thresholds related to specific project design elements.
According to the BAAQMD’s thresholds of significance, in order to find a less-thansignificant GHG impact, projects must include, at a minimum, the following project design elements:
1. The project will not include natural gas appliances or natural gas plumbing (in both residential and nonresidential development);
2. The project will not result in any wasteful, inefficient, or unnecessary energy usage as determined by the analysis required under CEQA Section 21100(b)(3) and Section 15126.2(b) of the State CEQA Guidelines;
3. The project will achieve a reduction in project-generated VMT below the regional average consistent with the current version of the California Climate Change Scoping Plan (currently 15 percent) or meet a locally adopted SB 743 VMT target, reflecting the recommendations provided in the Governor’s Office of Planning and Research’s Technical Advisory on Evaluating Transportation Impacts in CEQA; and
4. The project will achieve compliance with off-street electric vehicle requirements in the most recently adopted version of CALGreen Tier 2.
In order to be consistent with the first criterion, the proposed project would be required to include all electric appliances and plumbing. The 2022 Building Energy Efficiency Standards requires that new development be built electric-ready (i.e., structures will be required to have electric supply panels and circuitry to support all-electric appliances and heating). According to the project design, the proposed project would not include natural gas. Thus, the proposed project would be consistent with the first criterion.
Regarding the second criterion, as discussed in Section VI, Energy, of this IS, the proposed project would comply with all applicable federal, State, and local regulations regarding energy use during both project construction and project operations. Therefore, as discussed therein, the proposed project would not result in any wasteful, inefficient, or unnecessary energy usage.
With respect to the third criterion, as discussed in Section XVII, Transportation, of this IS, the proposed project may be presumed to be a local-serving facility and would therefore have a less-than-significant impact on VMT. Therefore, the project would be consistent with the current version of the California Climate Change Scoping Plan. 26 Bay Area Air Quality Management District. 2022 California Environmental Quality Act Guidelines. April 2023. 27 City of Morgan Hill. Morgan Hill 2021 Climate Action Plan. December 15, 2021.
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With respect to the fourth criterion, the proposed project would be conditioned to comply with the Tier 2 CALGreen standards related to off-street electric vehicle requirements.
Conclusion
Based on the above, the proposed project would not be considered to generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment, or conflict with any applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs; and no impact would occur.
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IX. HAZARDS AND HAZARDOUS
MATERIALS.
Would the project:
Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
b. Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the likely release of
hazardous materials into the environment?
c. Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
d. Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the environment?
e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
g. Expose people or structures, either directly or indirectly, to the risk of loss, injury or death involving wildland fires? Discussion
a. Commercial land uses, especially restaurants such as the proposed project, are not typically associated with the routine transport, use, disposal, or generation of substantial amounts of hazardous materials. Project operations and upkeep may require the use common household cleaning products, fertilizers, and herbicides on-site, any of which could contain potentially hazardous chemicals; however, such products would be expected to be used in accordance with label instructions. In addition, Section 8.40.750 of the City’s Municipal Code establishes regulations related to the types and quantities of hazardous materials that may be stored or used within the City. Based on the allowances within Section 8.40.750 of the Morgan Hill Municipal Code, should operation of the proposed project require the use or storage of hazardous materials in excess of the accepted limits, a formal request must be made to the City, including a declaration of information regarding the type and quantities of hazardous materials to be used or stored within the project site. Such requests would be considered by the City’s Development Services Department. Therefore, such materials would be safely managed in accordance with the applicable regulations and would be subject to City review depending on the type or quantity of chemicals proposed for use.
Given the stringent regulations governing such materials, the proposed project would not create a significant hazard to the public or the environment related to the routine transport, use, or disposal of hazardous materials, and no impact would occur. b. Buildout of the proposed project would include the demolition of the existing on-site 6,900- sf unoccupied restaurant building. During demolition, the potential exists for construction
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personnel or nearby receptors to be exposed to hazardous materials that are present in the existing structure. The primary hazardous materials of concern are asbestos and lead, as discussed below.
For buildings constructed prior to 1980, the Code of Federal Regulations (29 CFR 1926.1101) states that all thermal system insulation (boiler insulation, pipe lagging, and related materials) and surface materials must be designated as “presumed asbestoscontaining material” unless proven otherwise through sampling in accordance with the standards of the Asbestos Hazard Emergency Response Act. As noted previously, the proposed project would require the demolition of the existing on-site 6,900-sf unoccupied restaurant building, which was constructed in 1990. Given that the on-site structure was constructed after 1980, the building is unlikely to contain asbestos-containing materials that could be released during demolition activities.
Lead-based paint (LBP) is defined by federal guidelines as any paint, varnish, stain, or other applied coating that has one milligram of lead per square centimeter or greater. Lead is a highly toxic material that may cause a range of serious illnesses, and in some cases death. Structures built prior to 1978, and especially prior to the 1960s, are expected to contain LBP. As noted above, the existing on-site building was developed in 1990 and, thus, is assumed not to include LBP. Therefore, demolition of the on-site building would not result in exposure to LBP.
Hazardous materials could be stored, used, and transported in varying amounts during construction of the proposed project. Construction activities associated with the proposed project would involve the use of various products such as concrete, paints, and adhesives.
In addition, heavy-duty construction equipment operating on the project site would contain hydraulic fluid, diesel fuel, and other petroleum products. Small quantities of such potentially toxic substances would be used at the project site and transported to and from the site during construction. However, the project contractor would be required to comply with all California Health and Safety Codes and local ordinances regulating the handling, storage, and transportation of hazardous and toxic materials. Compliance with such regulations would ensure that the proposed project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment during construction activities.
Based on the above, implementation of the proposed project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment. As such, no impact would occur.
c. The nearest school relative to the project site is Ann Sobrato High School, located approximately 0.9-mile northwest of the site. Thus, the project site is not located within a quarter mile of any existing or proposed schools. Therefore, the proposed project would have no impact related to hazardous emissions or the handling of hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school.
d. The CalEPA has compiled a list of data resources that provide information regarding the facilities or sites identified as meeting the “Cortese List” requirements, pursuant to Government Code 65962.5. The components of the Cortese List include the DTSC
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Hazardous Waste and Substances Site List, the list of LUST sites from the SWRCB’s GeoTracker database, the list of solid waste disposal sites identified by the SWRCB, and the list of active Cease and Desist Orders (CDO) and Cleanup and Abatement Orders (CAO) from the SWRCB. Pursuant to the SWRCB GeoTracker data management system, hazardous materials sites, including LUST sites and DTSC cleanup sites, have not been identified on or within a 1,000-foot radius of the project site. 28 In addition, the project site
is not located on or near any hazardous waste sites identified on the Envirostor’s Hazardous Waste and Substance Site List.29
Based on the above, the proposed project would not be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. As such, no impact would occur.
e. The public airport nearest to the project site is the San Martin Airport, which is located approximately 5.5 miles southeast of the project site at 13030 Murphy Avenue. The project site is located well outside of the Airport Influence Area identified in the South County Airport Comprehensive Land Use Plan.30 In addition, the project site is not located within the vicinity of a private airstrip. Therefore, the proposed project would not result in an airport-related safety hazard for people residing or working in the project area, and no impact would occur.
f. Implementation of the proposed project would not result in any modifications to the City’s existing roadway system. In addition, during construction, heavy equipment would be staged on-site such that the local roadways would not be blocked. Thus, implementation of the proposed project would not interfere with potential evacuation or response routes used by emergency response teams. Furthermore, the project would not conflict with the City’s Emergency Operations Plan because the project would not affect the local roadway network.31 Therefore, the project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan, and no impact would occur.
g. The City’s Wildland Urban Interface map indicates that the project site is not located in a High or Very High Fire Hazard Severity Zone (FHSZ).32 In addition, the project site is substantially surrounded by urban development, thereby limiting the sources of fuel (e.g., dry grass) that could be ignited. Therefore, the proposed project would not expose people or structures to the risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands, and no impact would occur.
28 State Water Resources Control Board. GeoTracker. Available at:
https://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=morgan+hill. Accessed April 2023. 29 Department of Toxic Substances Control. Hazardous Waste and Substances Site List. Available at:
https://www.envirostor.dtsc.ca.gov/public/map/?myaddress=18599+Sutter+Boulevard%2C+Morgan+Hill%2C+CA . Accessed April 2023. 30 Santa Clara County. Comprehensive Land Use Plan, Santa Clara County, South County Airport. Amended November 16, 2016. 31 City of Morgan Hill. Emergency Operations Plan. January 11, 2018. 32 City of Morgan Hill. City of Morgan Hill Wildland Urban Interface Map. March 2009.
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X. HYDROLOGY AND WATER
QUALITY.
Would the project:
Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the
project may impede sustainable groundwater
management of the basin?
c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i. Result in substantial erosion or siltation on- or offsite; ii. Substantially increase the rate or amount of
surface runoff in a manner which would result in
flooding on- or offsite;
iii. Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted runoff;
or
iv. Impede or redirect flood flows?
d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
e. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management
plan?
Discussion
a. The proposed project’s potential to result in water quality impacts during construction and operations is discussed in further detail separately below.
Construction
Project construction activities such as grading, excavation, and trenching for site improvements would result in the disturbance of on-site soils. The exposed soils have the potential to affect water quality in two ways: 1) suspended soil particles and sediments transported through runoff; or 2) sediments transported as dust that eventually reach local water bodies. Spills or leaks from heavy equipment and machinery, staging areas, or building sites also have the potential to enter runoff. Typical pollutants include, but are not limited to, petroleum and heavy metals from equipment and products such as paints, solvents, and cleaning agents, which could contain hazardous constituents. Sediment from erosion of graded or excavated surface materials, leaks or spills from equipment, or inadvertent releases of building products could result in water quality degradation if runoff containing the sediment or contaminants should enter receiving waters in sufficient quantities. Impacts from construction-related activities would generally be short-term and of limited duration.
Water quality degradation is regulated by the federal NPDES Program, established by the Clean Water Act, which controls and reduces pollutants to water bodies from point and non-point discharges. In California, the NPDES permitting program is administered by the
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SWRCB through nine Regional Water Quality Control Boards (RWQCBs). As discussed in Section VII, Geology and Soils, of this Initial Study, new development within the City that disturbs one or more acres of land is required to comply with the NPDES General Construction Permit and prepare a SWPPP incorporating BMPs to control sedimentation, erosion, and hazardous materials contamination of runoff during construction. The proposed project would disturb approximately 1.82 acres, and, thus, would be subject to the State NPDES General Construction Permit.
The proposed project would also be subject to all regional and local water quality regulations. In order to meet water quality objectives for the region, the City of Morgan Hill, City of Gilroy, and County of Santa Clara have prepared and are implementing a Revised Regional Storm Water Management Plan (SWMP).33 The SWMP incorporates the efforts of the City of Morgan Hill, the City of Gilroy, and the unincorporated portion of Santa Clara County, within the watershed of the Pajaro River and Monterey Bay, to meet the Phase II Storm Water Permit requirements for small municipal separate storm sewer systems (MS4s). The City of Morgan Hill implements the SWMP through an extensive program that entails: 1) the establishment of SWMP goals for the City; 2) public education and outreach; 3) public involvement and participation; 4) illicit discharge control; 5) construction site stormwater runoff control; 6) post-construction stormwater management in development; and 7) pollution prevention. For construction activities, the SWMP presents BMPs that are required for the control of stormwater runoff quality during construction. Compliance with the City’s SWMP, as well as the NPDES General Construction Permit, would ensure that adverse impacts to water quality would not occur during construction.
Operation
After project construction, impervious surfaces on the project site could contribute incrementally to the degradation of downstream water quality during storm events. During the dry season, vehicles and other urban activities may release contaminants onto the impervious surfaces, where they would accumulate until the first storm event. During the initial storm event, or first flush, the concentrated pollutants would be transported via stormwater runoff from the site to the stormwater drainage system and eventually a downstream waterway. Typical urban and commercial restaurant facility pollutants that would likely be associated with the proposed project include sediment, pesticides, oil and grease, nutrients, metals, bacteria, and trash.
The proposed project would be managed in accordance with Resolution R3-2013-0032 issued by the Central Coast RWQCB. The Resolution formally adopts post-construction stormwater management requirements for development projects in the Central Coast Region.34 The requirements identify 10 Watershed Management Zones (WMZs) in the covered area, and specify stormwater management requirements for each zone, depending on the size of the development project. Because the project site is located in an area classified as WMZ-1, stormwater management at the project site must include site design and runoff features to limit the amount of runoff from the project site as well as onsite water quality treatment to reduce pollutant loads in the stormwater runoff using a Low 33 City of Morgan Hill. Stormwater and Urban Runoff Management. Available at: https://www.morganhill.ca.gov/737/Phase-II-General-Stormwater-Permit. Accessed April 2023. 34 California Water Boards. Central Coast Post-Construction Stormwater Requirements. Available at:
https://www.waterboards.ca.gov/centralcoast/water_issues/programs/stormwater/docs/lid/hydromod_lid_docs/20 13_0032_attach1_post_construction_requirements.pdf. Accessed April 2023.
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Impact Development (LID) treatment system such as biofiltration. In WMZ-1, the treatment system must retain 95 percent of the runoff from the project site and also maintain peak runoff flows such that they do not exceed pre-project flows.
Although a Stormwater Control Plan (SWCP) has not yet been prepared for the proposed project, preliminary stormwater control and treatment measures have been conceptually designed for the project. Two storm drain inlets would be installed in the proposed parking area which would capture stormwater from the impervious surfaces on-site. The proposed project would include the installation of storm drain lines which would transport flows into the two bioretention areas located north of the proposed restaurant building. From there, flows would be directed to the existing storm drain inlet located at the westernmost corner of the project site. All proposed stormwater treatment measures have been designed in accordance with the Santa Clara County Clean Water Program Technical Guidance Handbook.
The design, construction, operation, and maintenance of the proposed stormwater system would need to be addressed in a SWCP to be submitted to the City of Morgan Hill in accordance with the stormwater management requirements set forth in Chapter 18.140 of the City’s Municipal Code. The SWCP would demonstrate how the stormwater system would meet the specified water quality, runoff retention, and peak flow management requirements. Prior to the issuance of building permits, the stormwater controls would be verified by the City of Morgan Hill to confirm design of the controls in accordance with the specified standards, and the controls would be subject to later operation and maintenance inspections by the property owner.
The final design of the proposed drainage system would be reviewed and approved by the City Engineer, who would ensure that the proposed drainage system complies with all applicable regional and local standards and requirements with respect to incorporating sufficient permanent stormwater treatment control BMPs. Therefore, water quality standards or waste discharge requirements would not be violated, and water quality would not be substantially degraded as a result of operations of the proposed project.
Conclusion
Based on the above discussions, the proposed project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality during construction and operations. Therefore, no impact would occur.
b,e. The City’s water supplies currently consist entirely of groundwater. Approximately 25 percent of the City’s supply is extracted from the Coyote Valley subarea of the Santa Clara Subbasin, and approximately 75 percent is extracted from the Llagas Subbasin. The project site is located within the Llagas Subbasin. Neither of the subbasins are in a condition of overdraft, and groundwater levels are not expected to drop.35 It should be noted that water supply is further discussed in Section XIX, Utilities and Service Systems, of this Initial Study.
Groundwater within the Llagas Subbasin is managed by the SCVWD. The 2021 Groundwater Management Plan (GWMP), prepared pursuant to the Sustainable Groundwater Management Act of 2014, describes the SCVWD’s comprehensive 35 City of Morgan Hill. Morgan Hill 2035 Draft Environmental Impact Report [pg. 4.9-18]. January 2016.
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groundwater management framework, including existing and potential actions to achieve basin sustainability goals and ensure continued sustainable groundwater management.
The GWMP covers the Santa Clara and Llagas subbasins, located entirely in Santa Clara County and identified by the Department of Water Resources (DWR) as Basins 2‐9.02 and 3‐3.01, respectively. DWR identified the Santa Clara and Llagas subbasins as highpriority based on criteria that include overlying population, projected growth, number of wells, irrigation acreage, groundwater reliance, and groundwater impacts. However, neither subbasin has been identified as being critically overdrafted.36 Major recharge facilities within the Llagas Subbasin include the Uvas and Chesbro Reservoirs, in-stream recharge in Llagas and Uvas Creeks, the Madrone Channel, the San Pedro and Main Avenue groundwater recharge ponds, and the Uvas-Llagas pipeline, which is capable of diverting water from Uvas Reservoir to Llagas Creek. The project site is not located in the vicinity of any such facilities. In addition, the proposed stormwater drainage system would allow for a portion of the captured runoff to infiltrate underlying soils in a manner similar to what currently occurs on-site.
Given that groundwater levels within the subbasin underlying the project site are currently stable, and that the proposed project would provide for opportunities for on-site recharge, the project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the Llagas Subbasin. In addition, the project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. Thus, no impact would occur. ci-iii. The project site consists of the demolition of the existing on-site building and subsequent development of a 5,028-sf Chick-fil-A restaurant with dual drive-thru lanes and outdoor patio seating. Because the project site is currently developed with impervious surfaces, buildout of the proposed project would not significantly alter the existing amount of on-site impervious surface. Stormwater runoff could cause soil erosion if not properly addressed and provide a more lucrative means of transport for pollutants to enter the waterways.
However, as discussed above, the proposed stormwater system would treat and retain runoff from the project site and would be required to maintain peak runoff flows such that they do not exceed pre-project flows in accordance with the stormwater management requirements adopted by Resolution R3-2013-0032.
Stormwater runoff associated with the site would be required to comply with the City’s SWMP standards. As such, the project would not significantly increase stormwater flows into the existing system. The final drainage system design for the project will be subject to review and approval by the City Engineer, who will confirm that the proposed drainage system for the project is consistent with the City’s Storm Drainage Master Plan and standard stormwater-related conditions of approval. Therefore, the proposed project would not substantially alter the existing drainage pattern of the site or area in a manner that would result in substantial erosion, siltation, or flooding on- or off-site, create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems, or provide substantial additional sources of polluted runoff. Thus, no impact would occur.
36 Santa Clara Valley Water District. 2021 Groundwater Management Plan, Santa Clara and Llagas Subbasins [pg.
ES-1]. November 2021.
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civ. According to FEMA Flood Insurance Rate Map number 06085C0444H, the project site is located within Zone X, which is not considered a Special Flood Hazard Area. 37 Therefore, the proposed project would not impede or redirect flood flows, and no impact would occur. d. A discussion of flood hazards can be found above, under question ‘civ.’ A seiche is defined as a wave generated by rapid displacement of water within a reservoir or lake, due to an earthquake that triggers land movement within the water body or land sliding into or beneath the water body. The project site is not located near a water body that is susceptible to seiche hazard. In addition, the distance to the nearest coastline does not subject the site to tsunami hazards.
The project site is, however, located within the dam failure inundation hazard zone for Anderson Reservoir as indicated within the dam failure inundation hazard maps.38 The dams in Santa Clara County are managed by the SCVWD. The dams are inspected twice each year and are continuously monitored for seepage and settling and inspected immediately following significant earthquakes. A seismic stability evaluation performed in 2007 for Anderson Dam indicated that the downstream and upstream embankments could become unstable during a very large magnitude earthquake and the rupture of faults underlying the dam may have adverse impact on the outlet pipes and intake structure. The SCVWD has initiated a capital project, the Anderson Dam Seismic Retrofit Project (ADSRP), to complete the planning, design, and construction of the seismic retrofit of the dam. Construction work for the ADSRP was planned to start in 2021, but is still in the planning phase.
39 Until recently, in order to protect the public from potential effects until the ADSRP is complete, a storage restriction of approximately 45 feet below the dam crest has been put in place, with a reduced storage capacity of 61,810 acre-feet. The SCVWD and regulatory agencies (California Division of Safety of Dams and the Federal Energy Regulatory Commission) have approved the restriction and believe that the restriction would be sufficient to prevent the uncontrolled release of water in case of dam failure after a major earthquake. As of December 2020, Anderson Reservoir, the largest reservoir in Santa Clara County, has been completely drained under the direction of federal dam regulators.
Based on the above, the proposed project would not be exposed to substantial risks related to flooding as a result of the failure of a dam, tsunamis, or seiches. Therefore, the project would not result in the release of pollutants due to project inundation, and no impact would occur.
37 Federal Emergency Management Agency. National Flood Hazard Layer FIRMette No. 06085C0444H. Available at:
https://msc.fema.gov/portal/search?AddressQuery=17090%20Peak%20Avenue%2C%20Morgan%20Hill%2C%2 0CA#searchresultsanchor. Accessed April 2023. 38 Association of Bay Area Governments. Dam Failure Inundation Hazard Map for Morgan Hill. 1995. Available at:
http://www.mhcert.com/prepare/dam_failure.shtml. Accessed April 2023. 39 Santa Clara Valley Water District. C1: Anderson Dam Seismic Retrofit. Available at:
https://www.valleywater.org/project-updates/2012-c1-anderson-dam-seismic-retrofit. Accessed June 2023.
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XI. LAND USE AND PLANNING.
Would the project:
Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Physically divide an established community?
b. Cause a significant environmental impact due to a
conflict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating an
environmental effect?
Discussion
a. A project risks dividing an established community if the project would introduce infrastructure or alter land use so as to change the land use conditions in the surrounding community, or isolate an existing land use. Currently, the project site consists of an unoccupied, single-story, 6,900-sf restaurant and an associated surface parking lot, and the site is generally surrounded by existing and planned development. The proposed project is consistent with the former use on the project site and, therefore, would not introduce a new land use, change the conditions in the surrounding community, or isolate an existing land use. Therefore, the proposed project would not physically divide an established community and no impact would occur.
b. The project site is designated Commercial within the City’s General Plan and is zoned CG-PUD. The Commercial land use designation allows for a wide range of retail businesses, administrative and executive office uses, and professional services, either in stand-alone buildings or as part of shopping centers. Additionally, a drive-through facility is allowed within the CG-PUD district with approval of a Conditional Use Permit. Therefore, the proposed project would not conflict with the site’s zoning or land use designation.
In addition, the proposed project would be consistent with other applicable policies and regulations adopted for the purpose of avoiding or mitigating environmental effects. For example, as discussed in Section IV, Biological Resources, of this Initial Study, the proposed project would comply with Section 12.32.030 of the City’s Municipal Code regarding the removal of Ordinance Sized Trees. The project would not conflict with any applicable policies, regulations, or ordinances related to the protection of biological resources. Additionally, as discussed under Section XIII, Noise, of this Initial Study, the project would comply with the noise level thresholds established in the City’s General Plan and Municipal Code during construction and operation. In addition, the proposed project would comply with Section 8.28.040.D of the City’s Municipal Code, which limits the hours construction activities may occur.
Therefore, the proposed project would not cause a significant adverse environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect, and no impact would occur.
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XII. MINERAL RESOURCES.
Would the project:
Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Result in the loss of availability of a known mineral resource that would be of value to the region and the
residents of the state?
b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
Discussion
a,b. The City’s General Plan does not identify any regionally or locally important mineral resources within the City of Morgan Hill. The Santa Clara County General Plan does identify mineral resources of importance; however, the project site is not located in proximity to the quarries currently in operation. Furthermore, mining is not allowed by the project site’s land use and zoning designations, and mining would be incompatible with the surrounding uses. Consequently, the proposed project would not result in the loss of a known mineral resource that would be of value to the region nor would the project result in the loss of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan. Therefore, no impact to mineral resources would occur as a result of the proposed project.
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XIII. NOISE.
Would the project result in:
Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable
standards of other agencies?
b. Generation of excessive groundborne vibration or
groundborne noise levels?
c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or
public use airport, would the project expose people
residing or working in the project area to excessive noise levels?
Discussion
a. The following section includes a discussion of noise standards and criteria applicable to various land uses, as well as potential traffic noise and non-transportation noise sources associated with the proposed project. The analysis below is based on the ENVA prepared for the proposed project by BAC (see Appendix C).40 The following terms are referenced in this discussion:
• Decibel (dB): A unit of sound energy intensity. An A-weighted decibel (dBA) is a decibel corrected for the variation in frequency response to the typical human ear at commonly encountered noise levels. All references to dB in this discussion will be A-weighted unless noted otherwise.
• Day-Night Average Level (DNL): The average sound level over a 24-hour period, with a penalty of 10 dB applied to noise occurring during nighttime hours (10:00 PM to 7:00 AM).
• Community Noise Equivalent Level (CNEL): The average sound level over a 24- hour period, with a penalty of 5 dB applied to noise occurring during daytime hours (7:00 AM to 10:00 PM) and a penalty of 10 dB applied to noise occurring during nighttime hours (10:00 PM to 7:00 AM).
• Equivalent Sound Level (Leq): The average sound level over a given time-period. • Maximum Sound Level (Lmax): The maximum sound level over a given time-period.
Sensitive Receptors
Noise-sensitive land uses are generally defined as locations where people reside or where the presence of unwanted sound could adversely affect the primary intended use of the land. Places where people live, sleep, recreate, worship, and study are considered to be sensitive to noise because intrusive noise can be disruptive to such activities. Within the project vicinity, and for the purposes of a CEQA evaluation, the nearest sensitive receptors are the medical offices located south of the project site and the future hotel planned immediately west of the project site.
40 Bollard Acoustical Consultants, Inc. Environmental Noise and Vibration Assessment: Chick-fil-A Restaurant. May 1, 2023.
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Existing Noise Environment
The ambient noise environment in the immediate project vicinity is defined by noise from traffic on Cochrane Road and Sutter Boulevard, as well as activities at nearby commercial uses. In order to quantify the existing ambient noise environment within the project vicinity, BAC conducted short-term ambient noise level measurements at two locations on February 14, 2023. The noise survey locations are shown in Figure 4, and are identified as Sites A and B. The ambient noise level survey results are summarized below in Table
4. Table 4
Ambient Noise Survey Results
Survey Location1 Time Period
Average Measured Noise Levels
(dBA)
Leq Lmax
Site A
10:00 AM to 11:00 AM 58.0 93.6
11:00 AM to 12:00 PM 58.3 93.9
12:00 PM to 1:00 PM 58.2 93.8
Site B
10:00 AM to 11:00 AM 60.3 77.5
11:00 AM to 12:00 PM 58.3 86.8
12:00 PM to 1:00 PM 58.4 78.2
Notes:
1 Noise survey site locations are shown in Figure 4.
Source: Bollard Acoustical Consultants, Inc. 2023.
City Noise Standards and Criteria
Chapter 9, Safety, Service, and Infrastructure, of the City’s General Plan contains the following policies that would be applicable to the proposed project:
SSI-8.2 Impact Evaluation. The impact of a proposed development project on existing land uses should be evaluated in terms of the potential for adverse community response based on significant increase in existing noise levels, regardless of compatibility guidelines.
SSI-8.5 Traffic Noise Level Standards. Consider noise level increases resulting from traffic associated with new projects significant if: a) the noise level increase is 5 dBA Ldn or greater, with a future noise level of less than 60 dBA Ldn, or b) the noise level increase is 3 dBA Ldn or greater, with a future noise level of 60 dBA Ldn or greater.
SSI-8.6 Stationary Noise Level Standards. Consider noise levels produced by stationary noise sources associated with new projects significant if they substantially exceed existing ambient noise levels.
SSI-8.7 Other Noise Sources. Consider noise levels produced by other noise sources (such as ballfields) significant if an acoustical study demonstrates they would substantially exceed ambient noise levels.
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Figure 4
Noise Survey Locations
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SSI-8.9 Site Planning and Design. Require attention to site planning and design techniques other than sound walls to reduce noise impacts, including: a) installing earth berms, b) increasing the distance between the noise source and the receiver, c) using non-sensitive structures such as parking lots, utility areas, and garages to shield noise-sensitive areas, d) orienting buildings to shield outdoor spaces from the noise source, and e) minimizing the noise at its source.
In addition to the policies listed above, Section 18.76.090 (Noise) of the City’s Municipal Code contains maximum noise levels for non-transportation noise sources. The City’s quantitative exterior noise standards are reproduced below in Table 5. Importantly, this section of the Code states that noise standards in the below table (i.e., Table 18.76-1 of the Code) do not apply to noise generated by vehicle traffic in the public right-of-way or from temporary construction, demolition, and vehicles that enter and leave the site of the noise-generating use (e.g., construction equipment, trains, trucks).
Table 5
Noise Level Performance Standards
Receiving Land Use
Maximum Noise Level at Lot Line of
Receiving Use1,2
Industrial and Wholesale 70 dBA
Commercial 65 dBA
Residential or Public/Quasi Public 60 dBA
Notes:
1 The standards presented herein are interpreted as being hourly average (Leq) noise level standards. 2 The planning commission may allow an additional 5 dBA noise level at the lot line if the maximum noise level shown above cannot be achieved with reasonable and feasible mitigation.
Source: City of Morgan Hill Municipal Code.
Furthermore, Section 8.28.040.D of the Morgan Hill Municipal Code, limits construction activity noise as follows:
"Construction activities" are defined as including but not limited to excavation, grading, paving, demolition, construction, alteration or repair of any building, site, street or highway, delivery or removal of construction material to a site, or movement of construction materials on a site. Construction activities are prohibited other than between the hours of seven a.m. and eight p.m., Monday through Friday and between the hours of nine a.m. to six p.m. on Saturday. Construction activities may not occur on Sundays or federal holidays. No third person, including but not limited to landowners, construction company owners, contractors, subcontractors, or employers, shall permit or allow any person working on construction activities which are under their ownership, control or direction to violate this provision.
Construction activities may occur in the following cases without violation of this provision:
a. In the event of urgent necessity in the interests of the public health and safety, and then only with a permit from the Building Official, which permit may be granted for a period of not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues.
b. If the Building Official determines that the public health and safety will not be impaired by the construction activities between the hours of eight p.m.
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and seven a.m., and that loss or inconvenience would result to any party in interest, the Building Official may grant permission for such work to be done between the hours of eight p.m. and seven a.m. upon an application being made at the time the permit for the work is issued or during the progress of the work.
c. The city council finds that construction by the resident of a single residence does not have the same magnitude or frequency of noise impacts as a larger construction project. Therefore, the resident of a single residence may perform construction activities on that home during the hours in this subsection, as well as on Sundays and federal holidays from nine a.m. to six p.m., provided that such activities are limited to the improvement or maintenance undertaken by the resident on a personal basis. d. Public Works projects are exempt from this section and the City Engineer shall determine the hours of construction for City public projects.
Project Construction Noise
During construction of the proposed project, heavy-duty equipment would be used for demolition, grading, excavation, paving, and building construction, which would result in temporary noise level increases while in operation. Noise levels would vary depending on the type of equipment used, how the equipment is operated, and how well the equipment is maintained. In addition, noise exposure at any single point outside the project site would vary depending on the proximity of construction activities to that point. Standard construction equipment, such as graders, backhoes, loaders, and haul trucks would be used on-site. The nearest sensitive receptors are the medical offices located south of the project site and the future hotel planned immediately west of the project site.
Table 6 shows the maximum noise levels associated with typical construction equipment.
Table 6
Construction Equipment Noise
Type of Equipment Maximum Level, dB at 50 feet
Backhoe 78
Compactor 83
Compressor (air) 78
Dozer 82
Dump Truck 76
Excavator 81
Generator 81
Pneumatic Tools 85
Source:Federal Highway Administration, Roadway Construction Noise Model User’s Guide, January 2006.
Based on the table, activities involved in typical construction would generate maximum noise levels up to 85 dB at a distance of 50 feet. The medical offices are located approximately 250 feet away from the project site and could be subject to construction noise levels up to 71 dB. The planned hotel would be located less than 50 feet to the west and, thus, could be exposed to noise levels greater than 85 dB.
As noted in Section 18.76.090 of the City’s Municipal Code, the noise level performance standards set forth therein do not apply to noise generated by construction activities.
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Additionally, Chapter 8.28 of the Morgan Hill Municipal Code prohibits construction activities between 8:00 PM and 7:00 AM, Monday through Friday, and between 6:00 PM and 9:00 AM on Saturdays. Construction activities may not occur on Sundays or federal holidays.
Given the restrictions on construction hours, and the City’s standard conditions of approval requiring the use of best available technology by construction contractors to minimize excessive noise from construction equipment, the project would not result in an impact related to a substantial temporary increase in noise generation during construction activities.
Project Operational Noise
The project consists of operation of a Chick-fil-A restaurant with drive-through services.
The project proposes restaurant operations (including drive-through services) during the hours of 6:00 AM to 10:00 PM. In addition to increased traffic on nearby roadways, the primary noise sources associated with project on-site operations have been identified in the ENVA as parking lot movements, drive-through operations (vehicle passages and amplified menu speaker board), on-site vehicle circulation, outdoor patio noise (patrons conversing), delivery truck circulation and delivery activities, and mechanical equipment.
For noise generated by on-site operations, Section 18.76.090 of the Morgan Hill Municipal Code establishes a property line exterior noise level standard of 65 dB Leq for commercial uses. Additionally, Policy SSI-8.4 of the Morgan Hill General Plan states that interior noise levels in office buildings should be maintained at 45 dB Leq. Furthermore, General Plan Policy SSI-8.6 states that noise levels produced by stationary noise sources associated with new projects shall be considered significant if they substantially exceed existing ambient noise levels. However, Policy SSI-8.6 does not contain numeric increase significance criteria. In terms of determining the temporary noise increase due to project on-site operations and demolition/construction activities (non-transportation noise sources) at existing sensitive receptors in the vicinity, an impact would occur if such activities would noticeably increase ambient noise levels above background levels at existing sensitive receptors. The threshold of perception of the human ear is approximately 3 to 5 dB; a 5 dB change is considered to be clearly noticeable. For the following analysis of project on-site commercial operations and demolition/construction activity noise level increases at existing sensitive receptors, a noticeable increase in ambient noise levels is assumed to occur where such activities would result in an increase by 5 dB or more over existing ambient noise levels. Satisfaction of the City’s noise level criteria at the closest commercial uses would ensure compliance with the City’s noise level limits at commercial uses located farther away.
Analyses of each of the identified project noise sources at the future hotel to the west and the existing medical offices to the south are provided below.
Increased Traffic on Nearby Roadways
Operation of the proposed project would generate noise associated with increased traffic on nearby roadways. Pursuant to General Plan Policy SSI-8.5, noise level increases resulting from traffic associated with new projects are considered significant if: a) the noise level increase is 5 dBA day-night average sound level (Ldn) or greater, with a future noise level of less than 60 dB Ldn; or b) the noise level increase is 3 dB Ldn or greater, with a future noise level of 60 dB Ldn or greater.
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As part of the ENVA, BAC evaluated existing and cumulative traffic noise levels in the project vicinity using traffic data provided by Hexagon Transportation Consultants, Inc. As shown in Table 8 and Table 10, respectively, of the ENVA, in both Existing Plus Project Conditions and Cumulative Plus Project Conditions, the greatest increase in traffic noise levels in the proximity of a sensitive receptor would be 0.1 dB. Therefore, the proposed project would not result in a traffic noise level increase of 3 dB or greater. In addition, vehicle trips generated by the proposed project are generally included in the estimate of buildout of the General Plan because the proposed project is consistent with the site’s Commercial land use designation. Considering the anticipated change in transportation noise on adjacent roadways would not exceed the City’s standards set forth in Policy SSI8.5, traffic noise increases attributable to the project would be less than significant.
Parking Area Noise
As a means of determining potential noise exposure due to project parking lot activities, BAC utilized specific parking lot noise level measurements conducted by BAC.
Specifically, a series of individual noise measurements were conducted of multiple vehicle types arriving and departing a parking area, including engines starting and stopping, car doors opening and closing, and persons conversing as they entered and exited the vehicles. The results of those measurements revealed that individual parking lot movements generated mean noise levels of approximately 70 dB mean sound exposure level (SEL) at a reference distance of 50 feet. Using the foregoing information, project parking activity noise exposure at the future hotel and existing medical offices was calculated; the results are presented below in Table 7.
Table 7
Predicted Parking Area Noise Levels at Adjacent Uses
Receiver1 Direction
Assessment
Location
Predicted Noise
Level, Leq (dB)2
Future Hotel West Property Line 54
Medical Offices South Property Line 45
Building Façade 33
Notes:
1 Noise survey site locations are shown in Figure 4. 2 Number of parking stalls included in analysis: Future Hotel (15) and Existing Medical Offices (25).
Source: Bollard Acoustical Consultants, Inc. 2023.
As shown in Table 7, project parking area movements are predicted to satisfy the Municipal Code 65 dB Leq exterior noise level standard at the property lines of the adjacent future and existing uses. In addition, given the predicted noise level at the building facade of the existing medical offices to the south shown in Table 7, and after consideration of the exterior to interior noise level reduction typically provided by standard building construction (e.g., 25 dB with windows closed and 15 dB with windows open), project parking area noise level exposure is expected to be well below the General Plan’s interior noise level standard of 45 dB Leq within the closest medical office buildings.
According to the ENVA, the parking-generated increase in ambient daytime noise levels would be less than 0.1 dB Leq at the closest medical office buildings to the south. The calculated increase in ambient daytime noise levels indicated above would be well below the applied increase significance criterion of 5 dB. Therefore, impacts related to increased parking area noise generated by the proposed project would be less than significant.
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Drive-Through Operations
The proposed project would include two drive-through lanes with two amplified menu speaker posts. In order to quantify the noise emissions of the proposed drive-through speaker usage, BAC utilized noise level measurements from the speaker manufacturer.
BAC determined that the proposed speaker posts have the ability to incorporate automatic volume control (AVC), which adjusts outbound volume based on the ambient noise level environment. For example, assuming an outdoor ambient noise level of 45 dB, the speaker would adjust the volume of the system to 45 dB for a resulting overall sound level of 48 dB at a distance of four feet. Without the AVC option, the speaker reference noise level would be 72 dB at four feet. Based on data collected for similar drive-through operations, the ENVA determined that drive-through vehicle passages, including vehicle idling, have median and maximum noise levels of 60 dB Leq at a distance of five feet. Using the foregoing information, data were projected from the proposed drive-through lanes and speaker posts to the future hotel and existing medical offices. The results of such projections, summarized in Table 8, below, include conservative predictions of project drive-through speaker noise levels (i.e., AVC option not enabled).
Table 8
Predicted Drive-Through Noise Levels at Adjacent Uses
Receiver1 Direction
Assessment
Location
Predicted Noise Level,
Leq (dB)2
Speakers3 Vehicles
Future Hotel West Property Line 44 37
Medical Offices South Property Line 34 50
Building Façade 29 26
Notes:
1 Noise survey site locations are shown in Figure 4. 2 Combined noise level from two speakers in operation simultaneously (worst-case). 3 Predicted speaker noise level with AVC option not enabled.
Source: Bollard Acoustical Consultants, Inc. 2023.
As indicated in Table 8, above, project drive-through operations noise levels are predicted to satisfy the Municipal Code 65 dB Leq exterior noise level standard at the property lines of the adjacent future and existing uses. It should be noted that activation of the drivethrough speaker model’s AVC option would further reduce speaker noise level exposure at adjacent uses. In addition, after consideration of the exterior to interior noise level reduction typically provided by standard building construction, project drive-through operations noise level exposure is expected to be well below the General Plan’s interior noise level standard of 45 dB Leq within the closest existing medical office buildings.
Furthermore, the ENVA determined that drive-through related increases in ambient daytime noise levels would be less than 0.1 dB Leq at the closest medical office buildings.
The calculated increase in ambient daytime noise levels indicated above is well below the applied increase significance criterion of 5 dB. Therefore, impacts related to noise generated by the proposed drive-through operations would be less than significant.
On-Site Vehicle Circulation Noise
In order to quantify project on-site passenger vehicle circulation noise exposure, BAC utilized specific automobile passby noise level measurements, which indicate that individual passbys generate mean noise levels of approximately 70 dB SEL at a reference distance of 50 feet.
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According to the ENVA, the project is estimated to generate up to 101 vehicle trips during an AM peak hour and as many as 201 vehicle trips during a PM peak hour. Based on a conservative 201 vehicle trips per hour, worst-case project on-site passenger vehicle circulation noise exposure at the future hotel and existing medical offices was calculated.
The results are summarized below in Table 9. It is noted that the results presented in Table 9 conservatively assume that worst-case busy hour vehicle trip generation would all occur within the on-site drive lane located closest to the nearest adjacent commercial use.
However, it is likely that on-site vehicle circulation would be more evenly distributed.
Table 9
Predicted On-Site Vehicle Circulation Noise Levels at Adjacent Uses
Receiver1 Direction
Assessment
Location
Predicted Noise
Level, Leq (dB)2
Future Hotel West Property Line 61
Medical Offices South Property Line 61
Building Façade 46
Notes:
1 Noise survey site locations are shown in Figure 4. 2 Predicted noise levels are based on 201 vehicle trips during a given worst-case busy hour.
Source: Bollard Acoustical Consultants, Inc. 2023.
As indicated in Table 9, predicted worst-case project on-site vehicle circulation noise would satisfy the Municipal Code 65 dB Leq exterior noise level standard at the property lines of the future hotel and existing medical offices. Furthermore, the ENVA determined that increases in ambient daytime noise levels generated by on-site vehicle circulation would be 0.3 dB Leq at the closest medical office buildings. The calculated increase in ambient daytime noise levels indicated above is well below the applied increase significance criterion of 5 dB. Therefore, impacts related to noise generated by on-site passenger vehicle circulation would be less than significant.
Outdoor Patio Noise
The proposed project would include a small outdoor patio which would be able to accommodate approximately 25 people at full capacity. In order to quantify outdoor patio area noise levels for the ENVA, BAC used reference file data for persons speaking in normal and raised voices. According the ENVA, a normal voice would be 57 dB per person at three feet and a raised voice would be 64 dB per person at three feet. Given the type of restaurant proposed, the ENVA assumed that patrons would generally occupy the patio area for a duration of approximately 15 to 30 minutes. However, the ENVA analysis conservatively assumed that patrons would occupy the patio area for a minimum of 30 minutes. Based on the foregoing information, and assuming full patio occupancy, outdoor seating area patron noise was projected at the future hotel and existing medical offices; the results of the analysis are present in Table 10, below.
As indicated in Table 10, predicted worst-case patio conversation noise levels would satisfy the Municipal Code 65 dB Leq exterior noise level standard at the property lines of the future hotel and existing medical offices. Furthermore, the ENVA determined that outdoor patio-related increases in ambient daytime noise levels would be less than 0.1 dB Leq at the closest medical office buildings. The calculated increase in ambient daytime noise levels indicated above is well below the applied increase significance criterion of 5
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Initial Study
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dB. Therefore, impacts related to patio conversation noise levels would be less than significant.
Table 10
Predicted Outdoor Patio Noise Levels at Adjacent Uses
Receiver1 Direction
Assessment
Location
Predicted Noise
Level, Leq (dB)2
Future Hotel West Property Line 40
Medical Offices South Property Line 40
Building Façade 32
Notes:
1 Noise survey site locations are shown in Figure 4. 2 Predicted noise levels are based on 25 people conversing simultaneously (20 normal speaking voices and five raised voices).
Source: Bollard Acoustical Consultants, Inc. 2023.
Truck Delivery Noise
Deliveries of product to the proposed restaurant would likely occur at the front of the building with medium-duty trucks/vans. However, while preparing the ENVA, BAC conservatively assumed that the project would receive deliveries from heavy trucks. The primary noise sources associated with delivery activities are trucks stopping (air brakes), trucks backing into position (back-up alarms), and trucks pulling away from the unloading area (revving engines). The ENVA states that noise levels associated with truck deliveries are approximately 76 dB SEL at a distance of 100 feet. In order to calculate hourly average noise level exposure from truck deliveries, the ENVA assumes that the project would conservatively have one heavy truck and one medium duty truck delivery during the same worst-case busy hour. Based on the foregoing information, worst-case project truck delivery noise exposure at the future hotel and existing medical offices was calculated; the results of the analysis are present in Table 11, below.
Table 11
Predicted Truck Delivery Noise Levels at Adjacent Uses
Receiver1 Direction
Assessment
Location
Predicted Noise
Level, Leq (dB)2
Future Hotel West Property Line 43
Medical Offices South Property Line 43
Building Façade 33
Notes:
1 Noise survey site locations are shown in Figure 4. 2 Predicted noise levels are based on one heavy truck and one medium truck delivery within the same hour.
Source: Bollard Acoustical Consultants, Inc. 2023.
As indicated in Table 11, predicted truck delivery noise levels would satisfy the Municipal Code 65 dB Leq exterior noise level standard at the property lines of the future hotel and existing medical offices. Furthermore, the ENVA determined that truck delivery-related increases in ambient daytime noise levels would be less than 0.1 dB Leq at the closest medical office buildings. The calculated increase in ambient daytime noise levels indicated above is well below the applied increase significance criterion of 5 dB. Therefore, impacts related to truck delivery noise levels would be less than significant.
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On-Site Truck Circulation Noise
As discussed above, although deliveries of product to the proposed restaurant would likely occur at the front of the building with medium-duty trucks/vans, while preparing the ENVA, BAC conservatively assumed that the project would receive deliveries from heavy trucks.
On-site truck passbys are expected to be relatively brief and would occur at low speeds.
The ENVA determined that single-event heavy and medium truck passby noise levels are approximately 83 and 76 dB SEL, respectively, at a reference distance of 50 feet. In order to calculate hourly average noise level exposure from truck circulation, the ENVA assumes that the project would conservatively have one heavy-duty truck and one medium-duty truck delivery during the same worst-case busy hour. Based on the foregoing information, worst-case project on-site truck circulation noise exposure at the future hotel and existing medical offices was calculated; the results of the analysis are presented in Table 12, below.
Table 12
Predicted On-Site Truck Circulation Noise Levels at Adjacent Uses
Receiver1 Direction
Assessment
Location
Predicted Noise
Level, Leq (dB)2
Future Hotel West Property Line 53
Medical Offices South Property Line 53
Building Façade 33
Notes:
1 Noise survey site locations are shown in Figure 4. 2 Predicted noise levels are based on one heavy truck and one medium truck delivery within the same hour.
Source: Bollard Acoustical Consultants, Inc. 2023.
As indicated in Table 12, predicted on-site truck circulation noise levels would satisfy the Municipal Code 65 dB Leq exterior noise level standard at the property lines of the future hotel and existing medical offices. Furthermore, the ENVA determined that on-site truck circulation-related increases in ambient daytime noise levels would be less than 0.1 dB Leq at the closest medical office buildings. The calculated increase in ambient daytime noise levels indicated above is well below the applied increase significance criterion of 5 dB. Therefore, impacts related to on-site truck circulation noise levels would be less than significant.
Mechanical Equipment Noise
In preparing the ENVA, BAC determined that HVAC requirements for the proposed project would most likely be met using packaged roof-mounted systems. BAC reference file data for HVAC systems indicate that a 12.5-ton packaged unit would be expected to generate an A-weighted sound power level of 85 dB. Using the foregoing information, project HVAC equipment noise exposure at the future hotel and existing medical offices was calculated; the results of the analysis are presented in Table 13, below.
As indicated in Table 13, predicted HVAC equipment noise levels associated with the proposed project would satisfy the Municipal Code 65 dB Leq exterior noise level standard at the property lines of the future hotel and existing medical offices. Furthermore, the ENVA determined that project HVAC equipment-related increases in ambient daytime noise levels would be less than 0.1 dB Leq at the closest medical office buildings. The
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calculated 0.1 dB Leq increase in ambient daytime noise levels is well below the applied increase significance criterion of 5 dB. Therefore, impacts related to project HVAC equipment noise levels would be less than significant.
Table 13
Predicted HVAC Equipment Noise Levels at Adjacent Uses
Receiver1 Direction
Assessment
Location
Predicted Noise
Level, Leq (dB)
Future Hotel West Property Line 45
Medical Offices South Property Line 41
Building Façade 33
Notes:
1 Noise survey site locations are shown in Figure 4.
Source: Bollard Acoustical Consultants, Inc. 2023.
Combined On-Site Operational Noise
The calculated combined noise levels from all foregoing analyzed on-site operations at the adjacent future hotel and existing medical offices are presented in Table 14, below. It should be noted that due to the logarithmic nature of the decibel scale, the sum of two noise values which differ by 10 dB equates to an overall increase in noise levels of 0.4 dB.
When the noise sources are equivalent, the sum would result in an overall increase in noise levels of 3 dB.
As indicated in Table 14, calculated combined noise level exposure from project operations would satisfy the Municipal Code 65 dB Leq exterior noise level standard at the property lines of the future hotel and existing medical offices. Furthermore, the ENVA determined that combined project-related increases in ambient daytime noise levels would be 0.3 dB Leq at the closest medical office buildings. The calculated increase in ambient daytime noise levels indicated above is well below the applied increase significance criterion of 5 dB. Therefore, impacts related to combined noise level exposure from project operations would be less than significant.
Conclusion
Based on the above, implementation of the proposed project would not result in the generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the City’s General Plan and the Municipal Code. Therefore, no impact would occur.
b. Similar to noise, vibration involves a source, a transmission path, and a receiver. However, noise is generally considered to be pressure waves transmitted through air, whereas vibration usually consists of the excitation of a structure or surface. As with noise, vibration consists of an amplitude and frequency.
A person’s perception to the vibration depends on their individual sensitivity to vibration, as well as the amplitude and frequency of the source and the response of the system which is vibrating. Vibration is measured in terms of acceleration, velocity, or displacement. A common practice is to monitor vibration in terms of the velocity in decibels in root-mean-square (VdB, RMS).
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Table 14
Combined On-Site Noise Levels at Adjacent Uses
Receiver1 Direction Parking
Drive-Through2 On-Site
Vehicle
Circulation2
Outdoor
Patio2
On-Site
Truck
Circulation2
Truck
Deliveries2
HVAC
2 Combined
Leq (dB) Speakers Vehicles 3
Future Hotel West 54 44 37 61 40 53 43 45 62
Medical
Offices South 45 34 50 61 40 53 43 41 62
33 29 26 46 32 33 33 33 47
Notes:
1 Noise survey site locations are shown in Figure 4. 2 Predicted exterior noise levels, Leq (dB). 3 Calculated combined noise levels are based on the predicted noise levels presented in the analysis above.
Source: Bollard Acoustical Consultants, Inc. 2023.
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During project demolition and construction, heavy equipment would be used for grading, excavation, paving, and building construction, which would generate localized vibration in the immediate vicinity of construction. According to the ENVA, the nearest existing structures to the project site have been identified as relatively newer engineered commercial buildings, and, thus, are not highly susceptible to damage by vibration.
Table 15 shows the typical vibration levels produced by construction equipment at 25 feet, as well as projected equipment vibration levels at the future hotel and existing medical offices.
Table 15
Vibration Levels for Various Construction Equipment
Type of Equipment
Maximum
Vibration at 25
feet, VdB (rms)
Medical Offices Future Hotel
Vibratory Roller 94 60 73
Hoe Ram 87 <55 63
Large bulldozer 87 <55 63
Caisson drilling 87 <55 63
Loaded trucks 86 <55 62
Jackhammer 79 <55 58
Small bulldozer 58 <55 <55
Source: 2018 Federal Transit Administration Transit Noise and Vibration Impact Assessment Manual and BAC calculations.
Based on the data presented in Table 15, vibration levels generated from on-site demolition/construction activities are predicted to be below the applicable threshold for damage to engineered structures. Demolition/construction-related vibration levels at the nearest medical office buildings are predicted to be below the 65 VdB threshold of human perception. Although the existing medical buildings to the south of the project may contain equipment sensitive to vibration, the ENVA determined that predicted demolition/construction-related vibration levels at the closest medical building would be below the applicable threshold for buildings where vibration would interfere with interior operations/equipment.
It should be noted that an analysis of project-generated vibration levels was also conducted at the future off-site hotel building located west of the site in the event the structure is completed and operational before project construction activities commence.
As indicated in Table 15, construction-related vibration levels are predicted to be below levels considered to be annoying (75 VdB) at the future hotel building. Therefore, on-site construction within the project area is not expected to result in excessive groundborne vibration levels at nearby off-site structures.
Based on the above, the proposed project would not expose people to or generate excessive groundborne vibration or groundborne noise levels, and no impact would occur.
c. The public airport nearest to the project site is the San Martin Airport, which is located approximately 5.5 miles southeast of the project site at 13030 Murphy Avenue. The project site is located well outside of the Airport Influence Area identified in the South County