Morgan Hill City Council
March 6, 2024

City of Morgan Hill
Ordinance No., New Series

≤ 15,000 sq. ft. P P
> 15,000 sq. ft. C C
Drive-Through Facilities C C 18.92.040
Eating and Drinking Uses
Bars and Nightclubs C C
Restaurant, Fast Food P P
Restaurants, Sit Down P P
Tasting Rooms P P
Farmers Markets A A
Lodging Facilities
Bed and Breakfast A A
Hotels and Motels C C
Personal Services P P
Professional Offices P P
Retail
Convenience Market A A 18.92.030
General Retail P P
Vehicle-Related Uses
Fuel and Service Stations — C
Vehicle Rentals — C
Vehicle Washing — C
Industrial Uses
Food and Beverage Production

City of Morgan Hill
Ordinance No., New Series

< 5,000 sq. ft. [3] P P
5,000 sq. ft. to 10,000 sq. ft. [3] C C
Transportation,
Communication, and Utility
Uses
Parking Lots or Structures [2] C C
Recycling Facilities
Reverse Vending Machines — C
Transportation Terminals — —
Wireless Communications
Facilities
See Chapter 18.96
Other Uses
Accessory Uses See Chapter 18.44
Home Occupations See Section 18.92.060
Temporary Uses See Section 18.92.150
Notes:
[1] Permitted only on a lot of record existing prior to July 7, 2018. [2] When proposed as a primary use.
[3] On-site wholesale or retail sales required.
[4] Supportive Housing consistent with Government Code Sections 65650-65656 shall adhere to entitlement application timing provisions.

Section 4. Table 18.28-1 (Permitted Land Uses in the Open Space and Public Facilities Zoning Districts) within Section 18.28.020 (Land Use Regulations) of Chapter 18.28 (Open Space, Public, And Recreation Zoning Districts) of Title 18 (Zoning) is hereby amended to read as follows:

Table 18.28-1: Permitted Land Uses in the Open Space and Public Facilities Zoning Districts Key
P Permitted Use
Zoning
District
Additional Regulations

City of Morgan Hill
Ordinance No., New Series

A Administrative Use Permit
required
C Conditional Use Permit required
— Use not allowed
OS PF
Residential Uses
Accessory Dwelling Units P — Chapter 18.84
Agricultural Labor
Accommodations
P —
Single-Family Detached
Dwellings
P —
Public and Quasi-Public Uses —
Cemeteries C C
Colleges and Trade Schools — C
Community Assembly — C
Cultural Institutions — P [1]
Day Care Centers — C
Emergency Shelters — P
Government Offices — P
Home Day Care, Small P —
Hospitals — P
Instructional Services — P [1]
Parks and Recreational Facilities P P [1]
Public Safety Facilities C P
Schools, Public — P

City of Morgan Hill
Ordinance No., New Series

Schools, Private — C
Commercial Uses
Animal-Related Commercial Uses
Animal Boarding C —
Equestrian Centers C —
Farmer's Markets C C
Plant Nurseries C [2] —
Transportation,
Communication, and Utility
Uses
—
Parking Structures and Facilities — P [1]
Utilities, Major — C
Wireless Communications
Facilities
See Chapter 18.96
Agriculture and Natural
Resource Uses
Crop Cultivation P —
Animal Raising and Production,
Intensive
C —
Animal Raising and Production,
Limited
P —
Wildlife Refuges P —
Other Uses
Accessory Uses See Chapter 18.44
Home Occupations See Section 18.92.060
Temporary Uses See Section 18.92.150

City of Morgan Hill
Ordinance No., New Series

Notes:
[1] A Conditional Use Permit is required if not owned or operated by a governmental agency. [2] Sales are limited to horticultural products grown on site.

Section 5. Table 18.44-2 (Minimum Accessory Structure Setbacks) within Section 18.44.030 (Accessory Structures in Residential Zoning Districts) of Chapter 18.44 (Accessory Structures and Uses) of Title 18 (Zoning) is hereby amended to read as follows:

Table 18.44-2: Minimum Accessory Structure Setbacks
Accessory Structure Minimum Setbacks from Property Lines Front Side and Rear
Roofed structures such as detached garages and
sheds and other structures such as trellises
Height 8 ft. or less 3 ft.

Height greater than 8 ft. to 12 ft. 5 ft.

Height greater than 12 ft.

Same as minimum
primary structure
setback
Same as minimum
primary structure
setback
Mechanical equipment and mechanical
equipment enclosures
Same as minimum
primary structure
setback
50 percent of
minimum primary
structure setback
Decks, detached [2]
Height 18 in. or less 5 ft. 1 ft.

Height 6 ft. or less Same as minimum
primary structure
setback
5 ft.

Height greater than 6 ft. Same as minimum
primary structure
setback

12.5 ft. or same as
minimum primary
structure setback,
whichever is less
In ground pools, spas and hot tubs Same as minimum
primary structure
4 ft.

City of Morgan Hill
Ordinance No., New Series

setback
Above ground pools, spas, hot tubs and related
equipment, accessories, and improvements
Same as minimum
primary structure
setback
5 ft.

Ponds less than 18 in. in depth 10 ft. 1 ft.

Fireplaces, barbeque structures, statuary and
fountains [1]
Height 8 ft. or less 3 ft. 3 ft.

Height greater than 8 ft. to 12 ft. 5 ft. 5 ft.

Notes:
[1] All openings for freestanding fireplaces and built-in barbeques shall meet all Uniform Building Code and Uniform Fire Code requirements.
[2] Height measured from ground to walking surface.

Section 6. Table 18.56-2 (Allowed Projections Into Required Setbacks) within Section

18.56.030 (Setback Exceptions) of Chapter 18.56 (Height, Setback And Lot Coverage Exceptions) of Title 18 (Zoning) is hereby amended to read as follows:

Table 18.56-2: Allowed Projections Into Required Setbacks Projecting Features Maximum Projection into
Required Setback
Minimum Distances from
Property Lines
Cornices, awnings, eaves, and
other similar roof projections
3 ft. 1.5 ft.

Canopies and similar features
within any non-residential
zoning district
Two-thirds of required setback 5 ft.

Ground floor porches 7 ft. 5 ft.

Upper story porches, attached
decks, and balconies
5 ft. 5 ft.

Uncovered stairs, ramps,
stoops, or landings that service
5 ft. 5 ft.

City of Morgan Hill
Ordinance No., New Series

upper stories
Bay windows and chimneys 3 ft. [1] 1.5 ft.

Notes:
[1] Features may not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.

Section 7. Table 18.72-2 (Required On-Site Parking, Other Zoning Districts) within Section

18.72.030 (Required Parking Spaces) of Chapter 18.72 (Parking and Loading) of Title 18 (Zoning) is hereby amended to read as follows:

Table 18.72-2: Required On-Site Parking, Other Zoning Districts Land Use Number of Required Parking Spaces
Residential Uses
Agricultural Labor Accommodations 1 per 2 beds
Caretaker Quarters 1 per unit
Duplexes and Duets 2 covered per unit
Group Housing 1 per bedroom
Live/Work Unit 2 per unit
Mixed Use Residential As required for each individual use, except that parking serving residential uses may be
uncovered
Multifamily Dwellings
Studio or One-Bedroom 1 covered per unit
Two Bedroom 1 covered and 1 uncovered per unit
Three Bedroom 1 covered and 1.5 uncovered per units
Nursing Homes and Long Term Care 1 per two beds
Recreational Vehicle (RV) Park 1 per 250 sq. ft. of office floor area Residential Care Facilities, Large and Small 0.6 per bedroom

City of Morgan Hill
Ordinance No., New Series

Accessory Dwelling Units See Chapter 18.84 (Accessory Dwelling Units) Senior Housing, Multifamily Dwellings 1 covered per unit Senior Housing, Single-Family Dwellings 50% of units with 2 covered spaces, 50% with 1 covered space
Shared Living Residences 1 per bedroom
Single-Family Dwellings, Attached and
Detached
2 covered per unit
Supportive Housing 1 per bedroom [1]
Transitional Housing 1 per bedroom
Public and Quasi-Public Uses
Cemeteries 1 per 4 seats in a chapel or other assembly area Colleges and Trade Schools 1 per 40 sq. ft. of classroom area Community Assembly 1 per 5 fixed seats, or 1 per 35 sq. ft. of assembly space, whichever is more, plus 1 per
250 sq. ft. of office area
Cultural Institutions 1 per 4 fixed seats, or 1 per 60 sq. ft. of assembly area for uses without fixed seats
Day Care Centers 1 per 300 sq. ft. used for daycare
Emergency Shelters 1 per 8 beds plus 1 per 250 sq. ft. of office Government Offices 1 per 250 sq. ft.

Home Day Care, Large 1 per 400 sq. ft. of floor area used for daycare and 1 per employee in addition to what is
required for the residential use.

Home Day Care, Small None in addition to what is required for the residential use.

Hospitals 1 per each two beds

City of Morgan Hill
Ordinance No., New Series

Instructional Services 1 per 2 employees plus 1 per 4 students at maximum enrollment
Low Barrier Navigation Centers 1 per 8 beds plus 1 per 250 sq. ft. of office Medical Offices and Clinics 1 per 200 sq. ft., or 5 per doctor/dentist, whichever is greater
Parks and Recreational Facilities As determined by a parking demand study Public Safety Facilities 1 per 1,000 sq. ft. and 2 additional parking spaces for station vehicles
Schools, Public and Private Elementary and middle schools: 1 per classroom, plus 1 per 250 sq. ft. of office area.

High schools: 7 per classroom.

Social Services 1 per 200 sq. ft.

Commercial Uses
Adult Businesses 1 per 250 sq. ft.

Animal-Related Commercial Uses
Animal Boarding 1 per employee plus an area for loading and unloading animals on site.

Veterinarian Clinics and Hospitals 1 per 500 sq. ft.

Banks and Financial Institutions 1 per 250 sq. ft.

Business Support Services 1 per 250 sq. ft.

Cinemas and Theaters 1 per 3.5 seats or one per 32 square feet of seating area, whichever is greater
Commercial Parking 1 per employee
Commercial Recreation, Indoor Establishments with seating: 1 for each 4 fixed seats, or 1 for every 30 sq. ft. of seating area
where temporary or moveable seats are
provided.

Athletic clubs: 1 per 150 sq. ft. of floor area.

City of Morgan Hill
Ordinance No., New Series

Bowling alleys: 2 per lane.

Game courts (e.g., tennis): 2 per court.

Swimming pools: 1 per 200 sq. ft. of pool area
plus 1 per 500 sq. ft. of area related to the pool.

Other commercial entertainment and recreation
uses: as determined by the Director.

Commercial Recreation, Outdoor As determined by a parking demand study Drive-Through Facilities As required by use served.

Eating and Drinking Uses
Bars and Nightclubs 1 per 100 sq. ft.

Restaurants, Fast Food 1 per 100 sq. ft. for establishments with more than 12 seats. 1 per 250 sq. ft. for
establishments with 12 seats or less
Restaurants, Sit Down 1 per 100 sq. ft.

Tasting Rooms 1 per 100 sq. ft. of tasting area
Equestrian Centers As determined by a parking demand study Funeral Parlors and Mortuaries 1 per 4 permanently located seats or 1 per 45 sq. ft. of assembly space
Lodging Facilities
Bed and Breakfast Lodging 1 per guest room plus 1 for each 10 rooms Hotels and Motels 1 per guest room plus 1 for each 10 rooms Mini-Storage 2 spaces or 1 per 250 storage units, whichever is greater, plus 1 additional covered and 1
additional uncovered for an on-site manager
residence
Personal Services 1 per 250 sq. ft.

Plant Nurseries 1 per 1,000 sq. ft. of site area for the first 10,000 sq. ft., then 1 per each additional 5,000
sq. ft., plus 1 per each 250 sq. ft. of floor area.

City of Morgan Hill
Ordinance No., New Series

Min. 7 spaces plus 1 space per vehicle to be
parked on the site overnight
Professional Offices 1 per 250 sq. ft.

Retail
Convenience Markets 1 per 250 sq. ft.

Farmers Market As determined by a parking demand study
General Retail 1 per 250 sq. ft.

Home Improvement Centers 1 per 250 sq. ft.

Large Commodity Retail 1 per 350 sq. ft.

Open-Air Sales 1 per 1,000 sq. ft. of site area
Vehicle-Related Uses
Fuel and Service Stations 1 per 200 sq. ft.

Towing and Impound 1 per 250 sq. ft. of office space in addition to space for storage of towing vehicles
Vehicle Rentals 1 per 250 sq. ft. of office space in addition to space for storage of rental vehicles
Vehicle Repair and Maintenance, Major and
Minor
1 per 200 sq. ft.

Vehicle Sales and Leasing 5 per for the first 10,000 sq. ft. of lot area and 1 for each additional 3,000 sq. ft.

Vehicle Storage, Outdoor 1.5 for each employee on the largest shift.

Minimum of 2.

Vehicle Washing 5 per for the first 10,000 sq. ft. of lot area and 1 for each additional 3,000 sq. ft.

Wholesaling 1 per 1,000 sq. ft. of floor area plus 1 per 300 sq. ft. of office area

City of Morgan Hill
Ordinance No., New Series

Industrial Uses
Construction and Material Yards 1 per 2,500 sq. ft.

Food and Beverage Production 1 per 500 sq. ft.

Warehousing and Distribution 1 per 1,000 sq. ft. plus 1 per 300 sq. ft. of office area
Manufacturing, Light and General 1 per 500 sq. ft.

Research and Development 1 per 350 sq. ft.

Salvage and Wrecking 1 per 500 sq. ft.

Warehousing and Distribution, Large 1 per 1,000 sq. ft. plus 1 per 300 sq. ft. of office area
Warehousing and Distribution, Small As determined parking demand study, but no less than 1 per 1,000 sq. ft. of gross floor area
Warehousing and Distribution, Outdoor
Storage
1 per 1,000 sq. ft. plus 1 per 300 sq. ft. of
office area
Transportation, Communication, and Utility
Uses
Freight/Truck Terminals and Warehouses 1 per 1,000 sq. ft. plus 1 per 300 sq. ft. of office area
Parking Lot and Structures 1 per 300 sq. of office area Recycling Facilities
Reverse Vending Machine 1 per machine
Recycling Collection Facility 1 per 1,000 sq. ft.

Recycling Processing Facility 1 per 1,000 sq. ft.

Transportation Terminals As determined by parking demand study Utilities, Major 1 for each employee on the largest shift plus 1 for each vehicle used in connection with the

City of Morgan Hill
Ordinance No., New Series

use. Minimum of 2.

Notes:
[1] Minimum required on-site parking shall not apply if the development is located within onehalf mile of a public transit stop.

Section 8. Table 18.72-3 (Required Guest Parking Spaces) within Section 18.72.030 (Required Parking Spaces) of Chapter 18.72 (Parking and Loading) of Title 18 (Zoning) is hereby amended to read as follows:

Table 18.72-3: Required Guest Parking Spaces
Land Use Number of Guest Spaces
Single-Family Dwellings 1 per 4 units
Multifamily Dwellings 1 per 4 units
Multifamily Dwellings for Senior Citizens 1 per 5 units Section 9. Section 18.72.040 (General Requirements) of Chapter 18.72 (Parking and Loading) of Title 18 (Zoning) is hereby amended to read as follows:

A. Availability and Use of Spaces.

1. Required parking spaces for multifamily and non-residential uses shall be permanently available and maintained to provide parking for the use they are intended to serve.

2. Owners, lessees, tenants, or persons having control of the operation of a use for which parking spaces are required shall not prevent or restrict authorized persons from using these spaces.

3. Required parking spaces shall be used exclusively for the temporary parking of vehicles and shall not be used for the sale, lease, display, repair, advertising, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use not authorized by the zoning code.

B. Location of Parking.

1. Residential Uses. Required minimum on-site parking to serve all residential uses shall be located on the same parcel or site as the use which it serves except as allowed by Section 18.72.050.D (Off-Site Parking).

2. Non-Residential Uses. Required minimum on-site parking to serve all non-residential residential uses shall be located on the same parcel or site as the use which it serves except as allowed by Section 18.72.050.D (Off-Site Parking).

3. Parking on Landscape Violation. No person shall park or store any automobile or other vehicle, including but not limited to motorcycles, campers, boats, trailers, or

City of Morgan Hill
Ordinance No., New Series

other similar vehicles, in any front yard in any residential district. Parking shall be permitted for automobiles only in and upon an improved paved driveway in said front yard area if each vehicle is currently licensed and operative. Parking for camper, boat, trailer, and other similar vehicles shall comply with Section 18.72.040.F.

C. Electric Vehicle Charging. Refer to Chapter 15.62 (Electric Vehicle Charging Infrastructure) for electric vehicle charging requirements.

D. Garage and Carport Setbacks. Garages and carports in the detached residential zoning districts shall comply with setback requirements in Section 18.16.030 (Garage and Carport Setbacks).

E. Parking for Persons with Disabilities.

1. Parking spaces for persons with disabilities shall be provided in compliance with California Code of Regulations Title 24.

2. Parking spaces required for the disabled shall count toward compliance with the number of parking spaces required by Table 18.72-1 and Table 18.72-2.

F. Camper, Boat, and Trailer Parking. Camper, boat, and trailer parking spaces shall be located and screened so as not to be visible from the public street.

Section 10. Subsection D of Section 18.72.050 (On-Site Parking Alternatives) of Chapter

18.72 (Parking and Loading) of Title 18 (Zoning) is hereby amended to read as follows:

D. Off-Site Parking.

1. For multifamily housing and non-residential uses, the planning commission may allow off-site parking if the commission finds that practical difficulties prevent the parking from being located on the same lot it is intended to serve.

2. Off-site parking shall be located within a reasonable distance of the use it is intended to serve, as determined by the planning commission.

3. A covenant record, approved by the city attorney, shall be filed with the county recorder. The covenant record shall require the owner of the property where the onsite parking is located to continue to maintain the parking space so long as the building, structure, or improvement is maintained in Morgan Hill. This covenant shall stipulate that the title and right to use the parcels shall not be subject to multiple covenant or contract for use without prior written consent of the city.

Section 11. Subsection F of Section 18.72.050 (On-Site Parking Alternatives) of Chapter

18.72 (Parking and Loading) of Title 18 (Zoning) is hereby amended to read as follows:

F. Shared Parking. When an entity is not using the required on-site parking to meet parking requirements, the City shall allow the entity with underutilized parking to share their underutilized parking spaces with the public, local agencies, or other entities, if those entities submit a shared parking agreement to the City and information identifying the benefits of the proposed shared parking agreement. Within this subsection, underutilized parking shall mean parking where 20 percent or more of a development’s parking spaces are not occupied during the period that the parking is proposed to be shared by another user, group, development, or the public.

City of Morgan Hill
Ordinance No., New Series

1. In cases where an entity is entering into a shared parking agreement and proposes to use the shared parking spaces to meet the required on-site parking, all of the following shall apply:
a. The City shall approve a shared parking agreement if it:
i. Includes a parking analysis using peer-reviewed methodologies developed by a professional planning association, such as the methodology established by the Urban Land Institute, National Parking Association, and the International Council of Shopping Centers, sufficient to determine how many parking spaces can be reasonably shared between uses to fulfill parking requirements.
ii. Secures long-term provision of parking spaces or affords the opportunity for periodic review and approval by the City.
b. The City shall allow parking spaces identified in a shared parking agreement to count toward meeting any automobile parking requirement for a new or existing development or use, including, but not limited to, shared parking in underutilized spaces and in parking lots and garages that will be constructed as part of the development or developments under any of the following conditions:
i. The entities that will share the parking are located on the same, or contiguous, parcels.
ii. The sites of the entities that will share parking are separated by no more than 2,000 feet of travel by the shortest walking route. iii. The sites of the entities that will share the parking are separated by more than 2,000 feet of travel by the shortest walking route, but there is a plan for shuttles or other accommodations to move between the parking and site, including a demonstrated commitment to sustain such transportation accommodations.
c. The shared parking agreement shall be recorded against the parcels that are part of the agreement.

2. If entities submit a shared parking agreement without the parking analysis described above, the Development Services Director shall decide whether to approve or deny the shared parking agreement, and determine the number of parking spaces that can be reasonably shared between uses to fulfill parking requirements.

3. For shared parking agreements for developments of 10 residential units or more, or 18,000 square feet or more, before making the determination, the Development Services Director shall:
a. Notify all property owners within 300 feet of the shared parking spaces of the proposed agreement, including that the property owner has 14 days to request a

City of Morgan Hill
Ordinance No., New Series

public meeting before the City decides whether to approve or deny the shared parking agreement.
b. If the Development Services Director receives a request to hold a public meeting within 14 days of notifying property owners, the Development Services Director shall hold a public meeting on the shared parking agreement to approve or deny the shared parking agreement and determine the number of parking spaces that can be reasonably shared between uses to fulfill parking requirements.

4. The Development Services Director shall not require the curing of any preexisting deficit of the number of parking spaces as a condition for approval of the shared parking agreement.

5. The Development Services Director shall not withhold approval of a shared parking agreement between entities solely on the basis that it will temporarily reduce or eliminate the availability of parking spaces for the original proposed uses.

6. For a development project in which a designated historical resource on a federal, state, or local register of historic places is being converted or adapted, the Development Services Director shall allow the project applicant to meet minimum parking requirements through the use of off-site shared parking.

7. This section shall not reduce, eliminate, or preclude the enforcement of any requirement imposed on a residential or nonresidential development to provide parking spaces that are accessible to persons with disabilities that would have otherwise applied to the development.

8. This section shall not reduce the percentage of parking spaces that are designated for electric vehicles that would otherwise have applied.

9. The City, private landowner, or lessor shall examine the feasibility of shared parking agreements to replace new parking construction or limit the number of new parking spaces that will be constructed, in either of the following circumstances:
a. When state funds are being used on a proposed new development and the funding availability is announced after June 30, 2024.
b. When public funds are being used to develop a parking structure or surface parking and the public funding has not been awarded as of June 30, 2024.

Section 12. Subsection B of Section 18.84.050 (Site and Design Standards) of Chapter 18.84 (Accessory Dwelling Units) of Title 18 (Zoning) is hereby amended to read as follows:

B. Number of Accessory Units.

City of Morgan Hill
Ordinance No., New Series

1. Single-Family Dwelling. No more than one detached accessory dwelling unit, no more than one attached accessory dwelling unit, and no more than one junior accessory dwelling unit is permitted on a single lot with an existing or proposed single-family dwelling.

2. Proposed Multifamily Dwellings. Proposed multifamily dwelling structures may have no more than two detached accessory dwelling units on a lot.

3. Existing Multifamily Dwellings. Existing multifamily dwelling structures may have no more than two detached accessory dwelling units on a lot. In addition, existing multifamily dwelling structures may also have no more than one accessory dwelling unit or up to twenty-five percent of the existing multifamily dwelling units, whichever is larger, within portions of an existing multifamily dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

Section 13. Subsection C of Section 18.84.050 (Site and Design Standards) of Chapter 18.84 (Accessory Dwelling Units) of Title 18 (Zoning) is hereby amended to read as follows:

C. Relationship to Primary Dwelling.

1. An accessory dwelling unit may be within, attached to, or detached from the primary dwelling. Attachment to the primary dwelling shall be by sharing a common interior wall or common roof. No passageway (as defined in Government Code Section 65852.2) is required in conjunction with the construction of an accessory dwelling unit.

2. An accessory dwelling unit shall have its own kitchen, bathroom facilities, and entrance separate from the primary dwelling.

3. The city shall allow junior accessory dwelling units as defined in Government Code Section 65852.22 to be constructed within the walls of the proposed or existing single-family residence with a separate entrance from the main entrance to the primary dwelling, an efficiency kitchen (consisting of a cooking facility with appliances, a food preparation counter and storage cabinets) and shared or independent bathroom facilities

4. The accessory unit shall be clearly subordinate to the primary dwelling by size, appearance, and location on the parcel and shall comply with all applicable building and safety codes.

5. A detached accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a proposed or existing single-family dwelling may be combined with a junior accessory dwelling unit.

Section 14. Subsection C of Section 18.92.050 (Emergency Shelters) of Chapter 18.92

City of Morgan Hill
Ordinance No., New Series

(Supplemental Standards) of Title 18 (Zoning) is hereby amended to read as follows:

C. Minimum Performance Standards.

1. The number of beds shall be limited to thirty.

2. The size of outdoor waiting areas shall be sufficient to accommodate the expected number of clients without infringing upon the public right-of-way.

3. On-site management shall be provided during the hours that the emergency shelter is in operation.

4. An emergency shelter shall be located at least three hundred feet from other emergency shelters.

5. The length of stay at any emergency shelter shall not exceed ninety days, unless the management plan provides for longer residency by those enrolled and regularly participating in a training or rehabilitation program.

6. Exterior lighting of the property shall be designed to provide a minimum maintained horizontal illumination of at least one foot candle of light on parking surfaces and walkways that serve the facility.

7. Security shall be provided during the hours that the emergency shelter is in operation.

Section 15. Subsection 11 of Subsection F of Section 18.108.040 (Design Permit) of Chapter

18.108 (Specific Permit Requirements) of Title 18 (Zoning) is hereby amended to read as follows:

11. Murals with or without signage that comply with Chapter 18.88 (Signs) and any applicable specific plan or area plan.

Section 16. Section 18.118.070 (Criteria for Decision) of Chapter 18.118 (Reasonable Accommodations) of Title 18 (Zoning) is hereby amended to read as follows:

The community development director or the reviewing authority, as applicable, shall make a written determination and either approve, approve with modifications, or deny a request for reasonable accommodation based on consideration of all of the following factors:

A. Whether the housing which is the subject of the request will be used by an individual with disabilities protected under fair housing law.

B. Whether the request for reasonable accommodation is necessary to make housing available to an individual with disabilities protected under fair housing law.

C. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City.

D. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning.

E. Physical attributes of the property and structures.

F. Availability of other reasonable accommodations that may provide an equivalent level of

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Ordinance No., New Series

benefit.

Section 17. Section 18.124.020 (Residential Land Uses) of Chapter 18.124 (Land Use Definitions) of Title 18 (Zoning) is hereby amended to read as follows:

A. Accessory Dwelling Units. A self-contained living unit, either attached to or detached from, and in addition to, the primary residential unit on the parcel, that includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling or multifamily dwelling is situated. This includes an efficiency unit as defined in Section 17958.1 of the Health and Safety Code and a manufactured home, as defined in Section 18007 of the Health and Safety Code. Further includes a junior accessory dwelling unit which is a unit that is no more than five hundred square feet in size and contained entirely within a single-family residence and includes separate or shared sanitation facilities with the existing structure.

B. Agricultural Labor Accommodations. Housing for transient labor, such as labor cabins or camps, where incidental to a permitted agricultural use.

C. Caretaker Quarters. A residence that is accessory to a nonresidential primary use of the site, where needed for security, or twenty-four-hour care or supervision.

D. Duets. A residential structure that contains two independent dwelling units, each with its own entrance that are separated by a property line along a shared building wall with each unit located on a separate lot.

E. Duplexes. A single residential structure on one lot that contains two independent dwelling units, each with its own entrance.

F. Group Housing.

1. Housing shared by unrelated persons with disabilities that provide peer and other supportive services for their residents’ disability related needs but not services that require licenses under state law and in which residents share cooking, dining, and living areas.

2. Includes group homes that may provide some supportive services for their residents but not services that require licenses under state law (see “Residential Care Facilities”).

G. Live/Work Units. A building or space within a building that is used jointly for commercial and residential purposes.

H. Mixed Use Residential. A development project with both residential and commercial/office uses which are either 1) located together in a single building; or 2) in separate buildings on a single site of one or more contiguous properties.

I. Multifamily Dwellings. A building that contains three or more dwelling units, with each unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. Includes multifamily senior housing limited to occupancy by persons fifty-five years of age or older

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Ordinance No., New Series

for residents who are independent and do not require assistance with everyday living ("independent living").

J. Nursing Homes and Long-Term Care. Establishments that provide twenty-four-hour medical, convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves, and is licensed as a skilled nursing facility by the state of California. Excludes "residential care facilities" and "senior housing."
K. Residential Care Facilities.

1. A state licensed facility as a Residential Care Facility for the Elderly or a residential care facility as defined in the California Health and Safety Code.

2. Includes group homes that provide services that require licenses under state law serving more than six residents.

L. Residential Care Facilities, Small. A state licensed facility as a Residential Care Facility for the Elderly or a residential care facility as defined in the California Health and Safety Code, or “Group Housing”, serving six or fewer residents.

M. Shared Living Residences. Shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. Includes rooming and boarding houses, single-room occupancy housing, dormitories, and other types of organizational housing, and extended stay hotels intended for long-term occupancy (thirty days or more). Excludes "hotels and motels", “group housing”, and "residential care facilities."
N. Single-Family Dwellings. A residential structure designed for occupancy by one household. A single-family dwelling provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. Includes all construction types, including prefabricated and manufactured homes.

O. Single-Family Attached Dwellings. Three or more single-family dwelling units connected by common walls along the side property lines, sometimes called a townhouse or row house. Excludes "duplexes" and "duets."
P. Single-Family Detached Dwellings. A detached building that contains one single-family dwelling.

Q. Supportive Housing. A residential structure with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Target population shall mean persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors,

City of Morgan Hill
Ordinance No., New Series

families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

R. Transitional Housing. A residential structure configured as a rental housing development, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.

Section 18. Section 18.124.030 (Public and Quasi-public Uses) of Chapter 18.124 (Land Use Definitions) of Title 18 (Zoning) is hereby amended to read as follows:

A. Cemeteries. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including crematories, mausoleums, burial places, columbariums, and memorial gardens.

B. Colleges and Trade Schools. Institutions of higher education providing curricula of a general, religious or professional nature, typically granting recognized degrees. Includes junior colleges, business and computer schools, management training, vocational education, and technical and trade schools.

C. Community Assembly. Facilities that provide space for public or private meetings or gatherings. Includes places of worship, community centers, meeting space for clubs and other membership organizations, social halls, union halls, banquet centers, and other similar facilities.

D. Cultural Institutions. Public or nonprofit institutions that engages in cultural, scientific, and/or educational enrichment. Includes libraries, museums, performing art centers, aquariums, environmental education centers, non-profit art centers and galleries, botanical gardens, and other similar uses.

E. Day Care Centers. Facilities that provide non-medical care and supervision of minors or adults for periods of less than twenty-four hours. Includes nursery schools, day nurseries, child care centers, infant day care centers, cooperative day care centers, adult day programs, and similar uses.

F. Emergency Shelters. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Includes other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.

G. Government Offices. Places of employment occupied by governmental agencies and their employees. Includes offices for administrative, clerical, and public contact functions but excludes corporation yards, equipment service centers, and similar facilities that primarily provide maintenance and repair services and storage facilities for vehicles and equipment.

H. Home Day Care. Facilities providing daytime supervision and care for children where the provider permanently resides.

City of Morgan Hill
Ordinance No., New Series

1. Home Day Care, Large. A home day care facility supervising nine to fourteen children.

2. Home Day Care, Small. A home day care facility supervising eight children or less.

I. Hospitals. Facilities providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.

J. Instructional Services. Establishments that offer specialized programs in personal growth and development. Includes music studios, drama schools, dance academies, art schools, tutoring schools, and instruction in other cultural and academic pursuits.

K. Low Barrier Navigation Centers. A housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

2. Pets.

3. The storage of possessions.

4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

L. Medical Offices and Clinics. Facilities where medical, mental, dental, or other personal health services are provided on an outpatient basis using specialized equipment. Includes offices for physicians, dentists, and optometrists, diagnostic centers, blood banks and plaza centers, and emergency medical clinics offered exclusively on an out-patient basis. May include educational aspects such as medical instruction and/or training as well as house a laboratory, radiology/imaging, pharmacy, rehabilitation and other similar services as accessory uses. Excludes "hospitals."
M. Parks and Recreational Facilities. Non-commercial facilities that provide open space and/or recreational opportunities to the public. Includes parks, community gardens, community centers, passive and active open space, wildlife preserves, playing fields, tennis courts, swimming pools, gymnasiums, and other similar facilities.

N. Public Safety Facilities. Facilities operated by a governmental agency for the purpose of protecting public safety. Includes fire stations and other fire-fighting facilities, police stations, public ambulance dispatch facilities, and other similar uses.

O. Schools. Educational institutions providing instruction to minors as required by the California Education Code. Includes elementary, junior high, and high schools.

1. School, Public. A school operated or under control of the Morgan Hill Unified School District or Santa Clara County Board of Education. Includes public charter schools.

City of Morgan Hill
Ordinance No., New Series

2. School, Private. A school operated or under control of an entity other than the Morgan Hill Unified School District or Santa Clara County Board of Education.

P. Social Services. Establishments providing assistance and aid to those persons requiring counseling and/or treatment for psychological problems, addictions, learning disabilities, and physical disabilities or to those persons in need of jobs, food, or clothing. Excludes residential care on an overnight, short-term, or long-term basis.

Section 19. Subsection Q of Section 18.124.040 (Commercial Uses) of Chapter 18.124 (Land Use Definitions) of Title 18 (Zoning) is hereby amended to read as follows:

Q. Vehicle-Related Uses.

1. Fuel and Service Stations. A retail business establishment supplying fuels and oil and minor accessories for automobiles. Includes establishments supplying gasoline, hydrogen, and electric vehicle charging as a primary land use. Includes incidental food and beverage sales, car wash facilities, minor automotive repair and service, and towing service with up to two trucks. Excludes body and fender work, painting, and other major automotive repairs.

2. Towing and Impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. May provide incidental services, such as vehicle storage and emergency road repair services.

3. Vehicle Rentals. The rental of automobiles and other similar light vehicles.

4. Vehicle Repair and Maintenance, Major. An establishment providing not provided for under "vehicle repair and maintenance, minor," including, but not limited to, general repair, rebuilding or reconditioning of: major vehicle components, such as engines, transmissions and differentials; non-passenger vehicles, motor homes or trailers and trucks exceeding one and one-half ton capacity; or body, frame or fender components, including collisions service, upholstery or painting.

5. Vehicle Repair and Maintenance, Minor. An establishment providing general service and maintenance of passenger cars and trucks not exceeding one and onehalf ton capacity. Service may include the repair or replacement of worn or defective parts and gaskets external to the basic engine block, such as intake and exhaust manifolds, carburetors and water pumps; engine replacement; the repair or replacement of worn or defective brake parts, clutch parts, mufflers, exhaust system parts, wheel bearings, shock absorbers, tires, batteries, spark plugs and other accessible minor parts; and maintenance work such as the changing or supplementing of vehicle fluids and the adjustment of mechanical components while on the vehicle.

6. Vehicle Sales and Leasing. The retail sales or rental of new or used vehicles.

Includes the sale of vehicle parts and vehicle repair, provided that these activities are incidental to the sale of vehicles.

7. Vehicle Storage, Outdoor. Storage of operative or inoperative vehicles for long term storage in open lots. Includes, but is not limited to, storage of parking towaways, impound yards, and storage lots for automobiles, trucks, buses, recreation

City of Morgan Hill
Ordinance No., New Series

vehicles, and boats; including satellite storage of vehicles related to Vehicle Sales and Leasing. Does not include the storage of customer’s goods and possessions (see Mini-Storage) or retail sales (see Vehicle Sales and Leasing).

8. Vehicle Washing. The washing, waxing, or cleaning of automobiles or similar light vehicles, including self-serve washing facilities.

Section 20. Subsection 1 of Subsection B of Section 18.128.020 (Definitions) of Chapter

18.128 (General Terms) of Title 18 (Zoning) is hereby amended to read as follows:

1. Balcony. An unroofed platform, without stairs, that projects from the wall of a building that is surrounded by a railing or balustrade and does not require separate understructure for support, with access from an upper-floor window or door.

Section 21. Subsection 1 of Subsection D of Section 18.128.020 (Definitions) of Chapter

18.128 (General Terms) of Title 18 (Zoning) is hereby amended to read as follows:

1. Deck. An unroofed platform, either freestanding or attached to a building accessible by a door, with or without stairs, that is supported by piers, pillars, or posts.

Section 22. Subsection 4 of Subsection P of Section 18.128.020 (Definitions) of Chapter

18.128 (General Terms) of Title 18 (Zoning) is hereby amended to read as follows:

4. Porch. A covered but unenclosed projecting platform providing access to a door, with or without stairs, which extends from the main wall of a building that may or may not use columns or other ground supports for structural purposes. A porch that is screened-in, without a heating or cooling system, is considered unenclosed.

Section 23. Severability. Should any provision of this ordinance be deemed unconstitutional or unenforceable by a court of competent jurisdiction, such provision shall be severed from the ordinance, and such severance shall not affect the remainder of the ordinance.

Section 24. Effective Date; Posting. This Ordinance shall take effect on ____ ______, 20__.

The City Clerk is hereby directed to publish this Ordinance or a summary thereof pursuant to Government Code Section 36933.

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

City of Morgan Hill
Ordinance No., New Series

APPROVED: ATTEST:
______________________________ _______________________________ MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk

City of Morgan Hill
Ordinance No., New Series

CERTIFICATE OF THE CITY CLERK

I, MICHELLE BIGELOW, CITY CLERK OF THE CITY OF MORGAN HILL, CALIFORNIA, do hereby certify that the foregoing is a true and correct copy of Ordinance No. , New Series, adopted by the City Council of the City of Morgan Hill, California at their regular meeting held on the ____ day of ________, 2024.

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

DATE: _____________________ _____________________________ MICHELLE BIGELOW, City Clerk

ZA2023-0001
Miscellaneous Code Amendments
March 6, 2024

Project:

Zoning Amendment Amending
• Various sections of Title 18 (Zoning)
o Implements 2023-2031 Housing Element
o Updates to Electric Charging Provisions to provide consistency with Chapter 15.62 (Electric Vehicle Charging Infrastructure) o Updates to shared parking provisions (Section 18.72.050.F (On-Site Parking Alternatives)) to comply with Assembly Bill 894 o Implements minor amendments due to clerical errors and inconsistencies
Request:

Adopt Ordinance approving the amendments as
recommended by Planning Commission on February 13, 2024 Miscellaneous Code Amendments
1

Table 18.16-1 (Permitted Land Uses – Residential Detached Zoning Districts)
\
Implements:
• Action HE-5.G By-right Transitional and Supportive Housing • Action HE-6.E Residential Care Facilities
Miscellaneous Code Amendments
(Permitted Land Uses)
2 Key
P Permitted Use
A Administrative Use Permit required
C Conditional Use Permit required
— Use not allowed
Zoning District

RE RDL RDM RDH
Group Housing P P P P
Residential Care Facilities C C C C
Supportive Housing P P P P
Transitional Housing P P P P

Table 18.18-1 (Permitted Land Uses – Residential Attached Zoning Districts)
Implements:
• Action HE-5.G By-right Transitional and Supportive Housing • Action HE-6.E Residential Care Facilities
Miscellaneous Code Amendments
(Permitted Land Uses)
3 Key
P Permitted Use
A Administrative Use Permit required
C Conditional Use Permit required
— Use not allowed
Zoning District

RAL RAM RAH
Group Housing C [1]P C P C P
Shared Living Residences C C C
Supportive Housing P [1] P [1] P [1]
Transitional Housing P P P
Notes:
[1] Limited to no more than eight residents. Supportive Housing consistent with Government Code Sections 65650- 65656 shall adhere to entitlement application timing provisions.

Table 18.22-1 (Permitted Land Uses – MU-N and MU-F
Zoning Districts)
Implements:
• Action HE-5.G By-right Transitional and Supportive Housing • Action HE-6.E Residential Care Facilities
• Action HE-5.A Low Barrier Navigation Centers
• Action HE-5.J Emergency Shelters
Miscellaneous Code Amendments
(Permitted Land Uses)
4 Zoning District

MU-N MU-F
Group Housing C P C P
Shared Living Residences C C
Supportive Housing P [4] P [4]
Transitional Housing P P
Emergency Shelters — C P
Low Barrier Navigation Centers P P
Notes:
[4] Supportive Housing consistent with Government Code Sections 65650-65656 shall adhere to entitlement application timing provisions.

Miscellaneous Code Amendments
(Residential Land Use Definitions)
5 Chapter 18.124 (Land Use Definitions)
Group Housing.

1. Housing shared by unrelated persons with disabilities that provide peer and other supportive services for their residents’ disability related needs but not services that require licenses under state law and in which residents share cooking, dining, and living areas.

2. Includes group homes that may provide some supportive services for their residents but not services that require licenses under state law (see “Residential Care Facilities”).

Residential Care Facilities.

1. A state licensed facility as a Residential Care Facility for the Elderly or a residential care facility as defined in the California Health and Safety Code.

2. Includes group homes that provide services that require licenses under state law serving more than six residents.

Residential Care Facilities, Small. A state licensed facility as a Residential Care Facility for the Elderly or a residential care facility as defined in the California Health and Safety Code, or “Group Housing”, serving six or fewer residents.

Miscellaneous Code Amendments
(Residential Land Use Definitions)
6 Chapter 18.124 (Land Use Definitions)
Supportive Housing. A residential structure with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Target population shall mean persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

Transitional Housing. A residential structure configured as a rental housing development, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.

Miscellaneous Code Amendments
(Residential & Public Land Use Definitions)
7 Chapter 18.124 (Land Use Definitions)
Shared Living Residences. Shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. Includes rooming and boarding houses, single-room occupancy housing, dormitories, and other types of organizational housing, and extended stay hotels intended for longterm occupancy (thirty days or more). Excludes "hotels and motels", “group housing”, and "residential care facilities.“
Emergency Shelters. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Includes other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.

Miscellaneous Code Amendments
(Public/Quasi-Public Land Use Definitions)
8 Chapter 18.124 (Land Use Definitions)
Low Barrier Navigation Centers. A housing-first, low-barrier, serviceenriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

2. Pets.

3. The storage of possessions.

4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

Table 18.28-1 (Permitted Land Uses in the Open Space
and Public Facilities Zoning Districts)
Implements:
• Action HE-2.F Agricultural Labor Accommodations
Miscellaneous Code Amendments
(Permitted Land Uses)
9 Key
P Permitted Use
A Administrative Use Permit required
C Conditional Use Permit required
— Use not allowed
Zoning District
OS PF
Agricultural Labor Accommodations C P —

Miscellaneous Code Amendments
(Balconies, Decks, & Porches)
10 Table 18.44-2 (Minimum Accessory Structure Setbacks) Accessory Structure Minimum Setbacks from Property Lines Front Side and Rear
Mechanical equipment and mechanical
equipment enclosures
Same as minimum
primary structure
setback
50 percent of
minimum primary
structure setback
Decks, attached and detached, roofed or
unroofed [2]
Height 18 in. or less (unroofed only) 5 ft. 1 ft.

Height 6 ft. or less Same as minimum
primary structure
setback 15 ft.
5 ft.

Height greater than 6 ft. 20 ft. or same Same
as minimum primary
structure setback,
whichever is less

12.5 ft. or same as
minimum primary
structure setback,
whichever is less
Notes:
[2] Height measured from ground to walking surface.

Miscellaneous Code Amendments
(Balconies, Decks, & Porches)
11 Projecting Features Maximum Projection into
Required Setback
Minimum Distances from
Property Lines
Upper story porches,
attached decks, and
balconies
5 ft. 5 ft.

Table 18.56-2 (Allowed Projections into Required
Setbacks)
Balcony. An unroofed platform, without stairs, that projects from the wall of a building that is surrounded by a railing or balustrade and does not require separate understructure for support, with access from an upper-floor window or door.

Deck. An unroofed platform, either freestanding or attached to a building accessible by a door, with or without stairs, that is supported by piers, pillars, or posts.

Porch. A covered but unenclosed projecting platform providing access to a door, with or without stairs, which extends from the main wall of a building that may or may not use columns or other ground supports for structural purposes. A porch that is screened-in, without a heating or cooling system, is considered unenclosed.

Table 18.72-2 (Required On-Site Parking, Other Zoning
Districts)
Implements:
• Action HE-1.K Parking for Smaller Bedroom Units
• Action HE-5.I Emergency Shelters Parking
Miscellaneous Code Amendments
(Parking Requirements)
12 Land Use Number of Required Parking Spaces
Studio or One-Bedroom 1 covered and 0.5 uncovered per unit Shared Living Residences 1 per bedroom
Supportive Housing 1 per bedroom [1]
Transitional Housing 1 per bedroom
Emergency Shelters 1 per 8 beds plus 1 per 300 250 sq. ft. of office or other non-residential floor area
Low Barrier Navigation Centers 1 per 8 beds plus 1 per 250 sq. ft. of office Vehicle Storage, Outdoor 1.5 for each employee on the largest shift.

Minimum of 2.

Notes:
[1] Minimum required on-site parking shall not apply if the development is located within one-half mile of a public transit stop.

Miscellaneous Code Amendments
(Parking Requirements)
13 Table 18.72-3 (Required Guest Parking Spaces)
Implements:
• Action HE-1.K Parking for Smaller Bedroom Units
Land Use Number of Guest Spaces
Single-Family Dwellings 1 per 4 units
Multifamily Dwellings 1 per 3 4 units
Multifamily Dwellings for Senior Citizens 1 per 5 units

Section 18.72.040 (General Requirements) of Chapter 18.72 (Parking and Loading)
• Clarify clerical error requiring minimum on-site parking to serve residential uses ‘except as allowed by Section 18.72.050.D (Off-Site Parking)’
• Remove requirements to Electric Vehicle Charging Stations and instead refer to Chapter 15.62 (Electric Vehicle Charging Infrastructure)
Section 18.72.050.D (Off-Site Parking)
• Clarify clerical error to properly reference ‘off-site’ instead of ‘on-site’ Section 18.72.050.F (Shared Parking)
• Amend subsection to be consistent with AB 894 to allow entities with underutilized parking to share their parking with the public, local agencies, or other entities.

Miscellaneous Code Amendments
(Parking Requirements)
14

Section 18.84.050.B (Number of Accessory Units) of
Chapter 18.84 (Accessory Dwelling Units)
• Clarify Single-Family Dwellings are allowed 1 detached ADU, 1 attached ADU and 1 Junior ADU (3 total)
• Clarify Proposed Multifamily Dwellings are allowed 2 detached ADUs
• Clarify Existing Multifamily Dwellings are allowed 2 detached ADUs and an additional 1 or up to 25% of the existing
multifamily dwelling units (whichever is larger) within an existing multifamily structure
Section 18.84.050.C (Number of Accessory Units)
• Clarify a detached ADU that does not exceed 4-ft side and rear setbacks may be combined with a Junior ADU on a
single-family dwelling lot
Miscellaneous Code Amendments
(Accessory Dwelling Units)
15

Section 18.118.070 (Criteria for Decision) of Chapter 18.118 (Reasonable Accommodations)
• Remove the “potential impacts on surrounding uses” as a factor for approval, or denial, of a reasonable accommodation request Implements:
• Action HE-6.C Residential Accommodation Ordinance
Chapter 18.124 (Land Use Definitions)
• Vehicle Storage, Outdoor. Storage of operative or inoperative vehicles for long term storage in open lots. Includes, but is not limited to, storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses, recreation vehicles, and boats; including satellite storage of vehicles related to Vehicle Sales and Leasing. Does not include the storage of customer’s goods and possessions (see Mini-Storage) or retail sales (see Vehicle Sales and Leasing).

Miscellaneous Code Amendments
16

Recommendation

1. Open/close public hearing

2. Waive reading of the Ordinance Amendment

3. Introduce the Ordinance Amendment
Findings

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

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

3. The proposed amendment is internally consistent with other provisions of the zoning code
Miscellaneous Code Amendments
17

Questions?
18

6 CITY COUNCIL STAFF REPORT
MEETING DATE: March 6, 2024
PREPARED BY:

Michael Horta, Human Resources Director
APPROVED BY: City Manager

ADOPT AN AMENDED RESOLUTION FOR AN EXCEPTION TO THE
180-DAY WAITING PERIOD TO HIRE A RETIRED ANNUITANT,

ANDREW CRABTREE, TO SERVE AS A TEMPORARY EXTRA HELP
EMPLOYEE (GOVERNMENT CODE SECTIONS 7522.56 AND 21224) IN

THE DEVELOPMENT SERVICES DEPARTMENT

RECOMMENDATION(S)
Adopt an amended Resolution for an exception to the 180-day waiting period to appoint Andrew Crabtree, a retired annuitant, to serve as temporary extra help (Government Code Sections 7522.56 and 21224).

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Fostering a Positive Organizational Culture
2024-2025 Strategic Priorities
Fiscal Sustainability
Community Engagement
REPORT NARRATIVE:

Upon further review, CalPERS is requiring a revision of the previously approved resolution for Andrew Crabtree. The following has been updated to be in compliance:

1. The assignment must be assigned as extra help to a specific position. This assignment will be extra help for the Development Services Director.

2. The salary range must match the salary range of the specific position. The salary range is $91.64 to $120.68.

3. The assignment may not receive any additional benefits. The PARS contribution has been removed.

Generally, the Public Employment Retirement Law (PERL) requires that retired annuitants serve a 180-day wait period before working in a retired annuitant position.

However, the PERL also provides for exceptions to this waiting period if certain criteria are met and the governing body of the public agency adopts a non-consent calendar

6 resolution at a public meeting approving the appointment as a critically needed position before the 180 days have passed. The adoption of the resolution allows the employer to hire a retired annuitant to perform work of a limited duration, such as specialized work and limited-term complex projects.

There are two types of post-retirement appointments possible under Government Code Section 7522.56:

1. Extra help retired annuitants hired to perform work of limited duration such as special projects (Government Code Section 21224); and

2. Appointment to a vacant position on an interim basis while a permanent replacement is being recruited (an active recruitment must be in place for this type of appointment, and the appointment must end when the replacement is hired, Government Code Section 21221(h)).

Andrew Crabtree recently retired from the City of Santa Clara where he was the Community Development Director from August 2016 until December 30, 2023. As Director, he successfully led a department of approximately 75 employees with a $34 million operating budget, achieving multiple City objectives, including the adoption of the City’s first comprehensive zoning code update, an affordable housing ordinance, four specific/neighborhood plans, and an update of the climate action plan. He oversaw a restructuring of the City’s Housing Division, the implementation of a new permit tracking system, the development of budget tracking tools and the first update of the Building Division fee schedule since 1990, enabling the Building program to develop a robust fund reserve. He reduced his department’s dependence upon the City of Santa Clara General Fund while expanding service delivery and improving service cycle times and customer satisfaction. Andrew has familiarity with the City of Morgan Hill, having previously served as the Community Development Director for Morgan Hill from September 2013 until July 2016, leading the adoption of the City’s General Plan and Residential Development Control System (RDCS) updates.

Staff recommends hiring Mr. Crabtree, on a temporary, part-time, extra help basis to work on special projects to support the Development Services Director. His scope of work will include the review and preparation of recommendations related to the Department’s budget, developing recommendations for capacity building and improvements to the operations and work flow to support the growing needs of the administration of new housing laws with limited staffing resources. Mr. Crabtree will report to the Assistant City Manager for Development Services and also help with special projects as needed. The term of Mr. Crabtree’s employment is anticipated to be approximately four to six months, averaging 20 hours per week, starting January 22, 2024. This employment arrangement would fall under the State Government Code type 1 appointment (Government Code Section 21224).

COMMUNITY ENGAGEMENT:

This staff report serves to inform the Community.

6 ALTERNATIVE ACTIONS:

Direct staff to return with other options.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

Resolution 2024-001 was adopted at the City Council meeting on January 17, 2024.

FISCAL AND RESOURCE IMPACT:

The Public Employees’ Pension Reform Act (PEPRA) sets forth limitations for compensating retired annuitants. All retirees must be paid hourly, at no less than the minimum, nor more than the maximum, paid to employees doing similar work. Based on the CalPERS formula for setting retired annuitant pay rates, the individual will be paid at the hourly rate for the as-needed position as follows:

Retired Annuitant Hourly Rate of Pay Fiscal Years Not to Exceed Amount
Andrew Crabtree $115.00 2023-2024 (22
weeks) and 2024-
2025 (2 weeks)
$55,200
Sufficient appropriations are available in the Development Services Department to fund this position.

CEQA (California Environmental Quality Act):

Not a Project - Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

RESOLUTION NO. 24-XXX

AN AMENDED RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MORGAN HILL FOR EXCEPTION TO THE
180-DAY WAITING PERIOD TO HIRE A RETIRED

ANNUITANT AS A TEMPORARY EXTRA HELP
EMPLOYEE (GOVERNMENT CODE SECTIONS 7522.56
AND 21224) IN THE DEVELOPMENT SERVICES

DEPARTMENT
WHEREAS, in compliance with Government Code section 7522.56 the City of Morgan Hill must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and
WHEREAS, Andrew Crabtree (CalPERS ID XXXXXXXXXX) retired from the City of Santa Clara in the position of Community Development Director, effective December 30, 2023; and
WHEREAS, section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is June 27, 2024, without this certification resolution; and
WHEREAS, section 7522.56 provides that this exception to the 180 day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the City of Morgan Hill, City of Santa Clara, and Andrew Crabtree certify that Andrew Crabtree has not received a Golden Handshake or any other retirement-related incentive; and
WHEREAS, the City of Morgan Hill hereby appoints Andrew Crabtree as an extra help retired annuitant to perform the critically needed duties of the Development Services Director for the City of Morgan Hill under Government Code section 21224, effective January 22, 2024; and WHEREAS, the entire employment agreement, contract or appointment document between the City of Morgan Hill and Andrew Crabtree has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties; and

City of Morgan Hill
Resolution No. 24-

WHEREAS, effective January 18, 2024, the maximum hourly salary rate for the Temporary Employee position is $120.68, and the minimum hourly equivalent is $91.64; and WHEREAS, the hourly rate paid to Andrew Crabtree will be $115.00; and WHEREAS, Andrew Crabtree has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate.

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

SECTION 1: The City of Morgan Hill hereby certifies the appointment of Andrew Crabtree and that this appointment is necessary to perform the critically needed duties of Development Services Director for the City of Morgan Hill. Andrew Crabtree’s scope of work will be to review and prepare recommendations related to the Development Services Department’s budget, developing recommendations for capacity building and improvements to the operations and workflow to support the growing needs of the administration of new housing laws and support with special assignments as needed. Andrew will also assist the Development Services Director on special projects as needed.

PASSED AND ADOPTED by the City Council of Morgan Hill at a Regular Meeting held on the 6 th day of March 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: ATTEST:

MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk

City of Morgan Hill
Resolution No. 24-

 CERTIFICATION 
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No.24-XXX adopted by the City Council at the meeting held on the 6
th day of March 2024.

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL DATE:

MICHELLE BIGELOW, City Clerk
Date

Human Resources Department
17575 Peak Avenue
Morgan Hill, CA
95037-4128
Phone: 408-779-7278
FAX: 408-779-1592
WWW.MORGANHILL.CA.GOV
March 6, 2024 Revised Letter
Andrew Crabtree
Dear Andrew:

The City of Morgan Hill is excited to offer you a Retired Annuitant temporary position to perform extra help duties of the Development Services Director effective, Monday, January 22, 2024, subject to City Council approval. Your rate of pay will be $115.00 per hour. Your duties will include supporting the implementation of systems and administrative improvements of the Development Services Department while supporting key project deliverables.

The project is anticipated to last until June 30, 2024. It should be noted that as a temporary, atwill employee, your employment may end at any time without notice.

As a CalPERS retired annuitant with specialized skills and knowledge as described in Section 21224 of the California Government Code, you shall adhere to the following terms and conditions of employment:
• The duration of the assignment is not to exceed one year. • You will be limited to working a total of 960 hours per fiscal year. • You must track your hours and not exceed 960 hours per fiscal year. • You will not exceed 40 hours in a week without prior authorization from your supervisor.
• Consistent with current Government Code provisions, you may not receive benefits, incentives, compensation in lieu of benefits, or other forms of compensation in addition to the hourly pay rate.

Please indicate your acceptance of this offer by signing this letter and returning it to Human Resources. You can scan and email acceptance form to [email protected].

Sincerely,
Michael Horta
Human Resources Director
I, Andrew Crabtree, accept the terms outlined in this revised offer of employment letter dated March 6, 2024.
________________________________________________________________ Signature Date
cc: Personnel File

7 CITY COUNCIL STAFF REPORT
MEETING DATE: March 6, 2024
PREPARED BY:

Michael Horta, Human Resources Director
APPROVED BY: City Manager

ADOPT RESOLUTION OF INTENTION AND INTRODUCTION OF

ORDINANCE TO AMEND THE CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’

RETIREMENT SYSTEM (CALPERS) AND THE CITY OF MORGAN HILL

TO IMPLEMENT MILITARY SERVICE CREDIT AS PUBLIC SERVICE IN ACCORDANCE WITH SECTION 21024 OF THE CALIFORNIA

GOVERNMENT CODE

RECOMMENDATION(S)

1. Adopt Resolution of Intention of the City Council of the City of Morgan Hill stating its intent to amend the contract between the California Public Employees' Retirement System (CalPERS) and the City of Morgan Hill in order to implement Military Service Credit as Public Service in accordance with California Government Code section 21024;

2. Waive the first and second reading of the ordinance; and

3. Introduce ordinance by title

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Fostering a Positive Organizational Culture
2024-2025 Strategic Priorities
Fiscal Sustainability
REPORT NARRATIVE:

During the negotiations process in 2023 with the Labor Unions, it was agreed upon that the City would amend the CalPERS contract to allow military service credit to count towards service credit for the members in the miscellaneous retirement group. This benefit is currently available for members in the safety retirement group.

Section 21024 Military Service Credit as Public Service A member may elect to purchase up to four years of service credit for any active military or merchant marine service prior to employment. The benefit applies only to active members while in employment with an employer providing this benefit in its contract.

7 The process is for the City Council to adopt a Resolution of Intention and introduce the ordinance amending its contract with the California Public Employees Retirement System (CalPERS). The final ordinance will return to the Council for approval and adoption on April 24, 2024. This date cannot be earlier than twenty (20) days after adoption of the Resolution of Intention and the effective date of the ordinance will be 30 days following the date of adoption. The effective date of the CalPERS amendment to the contract will be the pay period beginning May 26, 2024. The amended provision is included in the attached exhibit to the ordinance in Item A.12.e., "Section 21024 (Military Service Credit as Public Service) for local miscellaneous members and local police members only."
COMMUNITY ENGAGEMENT:

Inform
ALTERNATIVE ACTIONS:

Not Applicable
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On May 18, 2022, the Council adopted ordinance 2334, new series, authorizing an amendment to the contract between the City of Morgan Hill and the Board of Administration of the California Public Employees' Retirement System in order to implement the pension cost share provision in accordance with California Government Code section 20516 .

FISCAL AND RESOURCE IMPACT:

No immediate cost to the City but potential costs will emerge in future valuations and will be incorporated in the City budget as appropriate.

CEQA (California Environmental Quality Act):

Not a Project

RESOLUTION OF INTENTION

TO APPROVE AN AMENDMENT TO CONTRACT

BETWEEN THE

BOARD OF ADMINISTRATION

CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM

AND THE

CITY COUNCIL

CITY OF MORGAN HILL
WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:

To provide Section 21024 (Military Service Credit as Public Service) for local miscellaneous members.

NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof.

By:_________________________________
Presiding Officer
_________________________________
Title
________________________________
Date adopted and approved
(Amendment)
CON-302

ORDINANCE NO. XX, NEW SERIES

AN ORDINANCE OF THE CITY OF MORGAN HILL

AUTHORIZING AN AMENDMENT TO THE CONTRACT

BETWEEN THE CITY OF MORGAN HILL AND THE

BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM

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

SECTION 1: That an amendment to the contract between the City of Morgan Hill and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full.

SECTION 2: The City Manager or their designee is authorized, empowered, and directed to execute said amendment for and on behalf of the City of Morgan Hill.

SECTION 3: This ordinance shall take effect thirty (30) days after the date of its passage and adoption. TheCity Clerk is hereby directed to publish in full orsummary this ordinance pursuant to §36933 of the Government Code in a newspaper of general circulation in the City of Morgan Hill.

The foregoing ordinance was introduced and the title thereof read at a regular meeting of the City Council of the City of Morgan Hill held on the day of 2024, and was finally adopted at a regular meeting of said Council on the day of 2024, and said ordinance was duly passed and adopted in accordance with the law.

PASSED AND ADOPTED by the City Council of Morgan Hill at the regular meeting held on the ___
th day of _____, 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: ATTEST:

MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk

City of Morgan Hill
Ordinance No. , New Series

 CERTIFICATE OF THE CITY CLERK 

I, MICHELLE BIGELOW, CITY CLERK OF THE CITY OF MORGAN HILL, CALIFORNIA, do hereby certify that the foregoing is a true and correct copy of Ordinance No. ___, New Series, adopted by the City Council of the City of Morgan Hill, California the meeting held on this ____ day of ____, 2024 and has been published pursuant to Government Code.

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

DATE:

MICHELLE BIGELOW, City Clerk

8 CITY COUNCIL STAFF REPORT
MEETING DATE: March 6, 2024
PREPARED BY:

Christina Turner, City Manager
APPROVED BY: City Manager

PROVIDE DIRECTION TO STAFF ON PROPOSED FUTURE COUNCIL

INITIATED AGENDA ITEMS

RECOMMENDATION(S)
Determine if the majority of the City Council wants the following items agendized at a future meeting for discussion:

1. Consider a resolution for sustainable peace to end the war and the loss of life in Israel and Palestine; and

2. Consider continuing the discussion on remote public comments.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
Preserving and Cultivating Public Trust
Enhancing Diversity and Inclusiveness
2024-2025 Strategic Priorities
Community Engagement
REPORT NARRATIVE:

Section 4.2 of City Council Policy 97-01 (Attachment 1) allows members of the City Council to request items be added to an upcoming City Council agenda by requesting an item during the “Future Council Initiated Agenda Items” section of the agenda. A City Council report will then be placed on an upcoming agenda for Council discussion and consideration.

Below are brief descriptions of recent items proposed for Council consideration.

1. Consider a discussion on a resolution for sustainable peace to end the war and the loss of life in Israel and Palestine (requested by Council Member Martinez Beltran, attachment 2)
Council Member Martinez Beltran has requested the City Council consider discussing a resolution, proclamation, issued statement, or an open letter declaring sustainable

8 peace.

Staff seeks direction from the City Council on whether they would like to agendize this item for a formal discussion. The estimated staff time to prepare a full City Council Staff Report on this topic is approximately 4 hours.

2. Consider continuing the discussion on remote public comments (requested by Council Member Martinez Beltran)
At the October 4, 2023 City Council meeting, hateful and hostile comments were made by people participating by Zoom for public comment. This occurred in Morgan Hill and throughout the nation. In response, public comment on Zoom was no longer allowed.

Several factors contributed to this decision:
• Promoting a safe and inclusive space: the City works to create an environment where everyone feels safe and respected during public meetings. Hate speech can create a hostile atmosphere that hinders meaningful public participation and disrupts the purpose of the meetings.
• Protection of vulnerable communities: hate speech often targets specific communities based on their characteristics, such as race, religion, gender, or sexual orientation. Taking steps to prevent hate speech protects these communities from harm and harassment. Further, as an employer, the City must take reasonable steps to prevent exposure to verbal conduct based on protected classifications (including race, religion, gender, and/or sexual orientation) that are objectively and subjectively offensive.
• Ensuring efficient meetings: the City’s goal is to conduct productive and efficient meetings that allow for the exchange of diverse opinions and ideas. Hate speech can disrupt these meetings, challenging maintaining a respectful and constructive environment.

On December 6, 2023, the City Council directed staff to explore options to allow for public comment on Zoom requiring registration/authentication. Staff prepared a Memorandum (attachment 3) for discussion at the February 2, 2024, City Council Goal Setting Workshop, and the topic ended in an impasse with a 2-2 split (Council Member Librers was absent), hence the request to revisit the topic (attachment 4).

Staff seeks direction from the City Council on whether they would like to re-agendize this item for further discussion.

The estimated staff time to prepare a full City Council Staff Report on this topic is approximately 2 hours.

COMMUNITY ENGAGEMENT:

This report seeks direction from the City Council on whether or not to further agendize these topics for Council consideration.

8 ALTERNATIVE ACTIONS:

Not Applicable
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

At City Council meetings, Council Members directed staff to bring back these topics for Council consideration.

FISCAL AND RESOURCE IMPACT:

There is no fiscal impact associated with seeking direction from the Council on these items.

CEQA (California Environmental Quality Act):

Not a Project.

Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

Request from Council Member Martinez Beltran
Per the discussion at our 2/21 Council meeting, and our follow up conversation, I would like to request a future agenda item to discuss a statement , a resolution, a proclamation, an issued statement or open letter by all Council Members or a letter on behalf of Council to send to federal officials for sustainable peace to support all of our community and end the war and the loss of life in Israel and Palestine.

Cities have taken the following actions: 1) adopted a resolution, 2) issued a proclamation, 3) issued a statement or open letter signed by all Council Members (risks violating the Brown Act if done without public discussion), or 4) voted to write a letter on behalf of the council to federal officials regarding the Israel-Palestine conflict.

It is important we acknowledge the pain and suffering being experienced locally by our neighbors who have been impacted by the war in Israel and Palestine. It is important we denounce any Anti-Semitism, Anti-Arab or Islamophobic sentiments, incidents, violence, etc. It is important we reaffirm our neighbors' sense of safety here in Morgan Hill, our home, so everyone knows they are supported and valued at home. And that we acknowledge our wish for sustainable peace I know all of our community hopes for and offer support how we can, which is the Morgan Hill way.

Memorandum
City Clerk's Office
Date: January 25, 2024
To: Christina Turner
From: Michelle Bigelow
Subject: Remote Public Comments and Public Video
At the October 4, 2023, City Council meeting, hateful and hostile comments were made by people participating on Zoom for public comment. This occurred in Morgan Hill and throughout the nation. In response, public comment on Zoom was no longer allowed. Several factors contributed to this decision:
• Promoting a safe and inclusive space: the City works to create an environment where everyone feels safe and respected during public meetings. Hate speech can create a hostile atmosphere that hinders meaningful public participation and disrupts the purpose of the meetings.
• Protection of vulnerable communities: hate speech often targets specific communities based on their characteristics, such as race, religion, gender, or sexual orientation. Taking steps to prevent hate speech protects these communities from harm and harassment.

Further, as an employer, the City must take reasonable steps to prevent exposure to verbal conduct based on protected classifications (including race, religion, gender, and/or sexual orientation) that are objectively and subjectively offensive. • Ensuring efficient meetings: the City's goal is to conduct productive and efficient meetings that allow for the exchange of diverse opinions and ideas. Hate speech can disrupt these meetings, making maintaining a respectful and constructive environment challenging.

Through this change, the City of Morgan Hill aimed to strike a balance between promoting free speech and protecting the safety and dignity of all participants in its public meetings.

The State's Brown Act, which governs public access to government meetings, only requires cities to offer the public a chance to comment at public sessions in person. Since the pandemic, many cities have allowed the public to comment by Zoom or phone. However, a growing number of cities in the Bay Area, including Morgan Hill, have moved to prohibit remote comments because of the increasing incidents of antisemitic callers.

A staff report was presented at the City Council meeting on December 6, 2023. The City Council directed staff to explore options to allow for public comment on Zoom requiring registration/authentication.

Staff is seeking direction from the City Council on:
• Does the Council wish to allow remote public comments? o If yes:

1. Does the Council wish to put a registration and/or verification in place?

2. Does the Council wish to show a list of names for all remote participants?

3. Does the Council wish to allow or require meeting attendees to show their video?
Registration/Verification Options for Remote Public Comment Should the City Council decide that it wants to allow remote public comment and to put measures in place to help protect employees and the Community from hostile verbal conduct, there are a few options to consider:
• Option 1: Require both registration and authentication on Zoom o Uses an existing available tool requiring no additional expenditures or staff management of another program during City Council meetings o Requires minimal additional staff time to verify/manage speakers o Authentication allows the host (the City) to restrict webinar attendees to sign-in users only, confirming that they have a legitimate email account o Registration allows the host to view and manage the registrants, be aware of how many will potentially join, and it ensures that attendees do not share their attendance link with others, ensuring that each person joining has to register with a unique email address
o Scheduling a webinar with registration requires registrants to complete a brief form before receiving the link to join the webinar. This allows the agency to collect the names, email addresses, and other information from the registrants o It can be set not to allow attendees to change their name • Option 2: Require registration through an online form o Requires speakers to sign up via an online form on the City website o Requires a cutoff time to allow staff review
o Requires more staff time to manage speakers/requests
o No added cost, as the form would be created through the City's website o Registration allows the host to view and manage the registrants, and be aware of how many will potentially join
• Option 3: CivicBell Virtual Speaker Card
o This product is still in the beta testing phase and has no current agencies using it o Ensures the speaker is a real person and not a "bot"
o Prevents participant from changing name
o Cost $2,000 annually
o Requires an additional tool and additional staff time * Important note: We cannot prohibit speakers from using assumed or false names. None of the options listed above stop workarounds, and we may still experience hate speech and use of vulgar names.

Meeting Attendee Video
Staff recommend against allowing remote meeting participants to show their video. We are seeking a balance between inclusion and protection. For in-person meetings, we leverage uniformed Police presence for physical protection. We protect online meetings by leveraging software restrictions such as not allowing video and requiring running the latest software version.

It was just four months ago when we experienced extremely disturbing hate speech in a meeting, amplifying the urgency of our security measures. Before that incident, we had inappropriate graphic images displayed on two separate occasions at City meetings. "Zoom bombing" is so serious it is now considered a federal crime. The reality is that security is in direct conflict with convenience. However, convenience is no longer an acceptable reason to reject necessary security measures.

Staff believes the Council should consider the continuation of our existing practice, which permits public comments exclusively in person or in writing. This approach is not only a pragmatic response to the escalating threats we face but also a commitment to prioritizing the safety and integrity of our meetings.

From: Yvonne Martinez Beltran
To: Christina Turner
Subject: Continued Agenda Item on Remote Access from workshop Date: Wednesday, February 14, 2024 9:05:54 PM
Hello Christina,
Please find much of my original email forwarded requesting an agenda item to discuss remote access which we attempted at our workshop on 2/2 but were not able to conduct a vote with a Councilmember missing. At the 2/2 workshop I requested the remote access agenda item come back to council at our next meeting 2/21 which was 3 weeks later as the staff report was prepared for the 2/2 meeting and was presented but we simply were missing a Councilmember.

We as Council Members have the right and are allowed to continue to join City Council meetings by remote access, and our residents who have elected us should also enjoy that privilege. We cannot control what people say online nor in person in council chambers and just as one chairing the meeting could pause and excuse everyone during an inappropriate inperson speaker they could excuse everyone during an inappropriate online speaker. ******
I would like to have an immediate conversation on how to continue remote public comment while protecting our community from the horrible and hateful comments we endured. Closing remote access to our City Council meetings for even one meeting is not ideal but understandable only to allow us the time to find the best way to conduct it.

Closing down virtual public comment is a near sighted solution and counteracts all the progress and engagement we benefited from due to COVID. I am most worried about parents who can't come in who are nursing a baby, helping kids with homework waiting for their item to come up, those to intimidated due to language barriers or lack of understanding of Councils role and that we are simply no one different than their neighbor, with the responsibility and privilege to serve them to come in person, those in traffic, essential workers, an elderly person who wants to stay updated, youth, those without transportation, someone home sick, etc.

Not to say I don't worry about those who regularly attend and how they will fare without virtual public comment. I do. But I worry less knowing they will no doubt show up, and know how to and are comfortable reaching out to my colleagues and I so they can be heard. Those interactions I am confident will continue, so it will be those we never see, that are unfamiliar, challenged in someway to make it physically or too intimidated to attend that they will be let out by this change.

We have invested in upgrading our technical capabilities and need to stay on top of technology

to maximize public engagement. we could provide registration, etc for additional vetting to help or add a delay which can help identify disingenuous speakers but we cannot control what everyone says in person or online.

Additionally, please note the request is to also list the names of participants on zoom so our meetings are transparent as to who is participating. Thank you.

In Community,
Yvonne Martínez Beltrán (pronouns: she/her/hers)
Councilwoman
City of Morgan Hill
17575 Peak Avenue, Morgan Hill, CA 95037
[email protected]
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