Morgan Hill City Council
November 20, 2024

EX
BNDY
PAD
PL

EXISTING

HILL ROAD
VARIES 35'± - 55'± 35'±

CONFORM TOEX GROUND
95'±

GRADING SECTION

GRADING SECTION
BNDY
APPROX

EX GROUND
PAD

RETAININGWALL

GRADING SECTION
BNDY
APPROX

EX GROUND
PAD

GRADING SECTION
BNDY
APPROX

EX GROUND
PAD

GRADING SECTION
APPROX

EX GROUND
PAD

GRADING SECTION

EX GAS LINE
DETENTION 2:1 MAX BASIN
PL
50' EASEMENT
APPROX

EX GROUND

EX GAS LINE
50' EASEMENT
PL
PAD
2:1 MAX
BNDY

GRADING SECTION
PAD 2:1 MAX
APPROX

EX GROUND

GRADING SECTION

BARRETT
AVENUE
BNDY
CL

PRELIMINARY GRADING SECTIONS

NO SCALE
BNDY

EXISTING

HILL ROAD

GRADING SECTION
PL
PAD

RETAINING
WALL
PAD

RETAININGWALL
APPROX

EX GROUND

APPROXEX GROUND

GRADING SECTION

GRADING SECTION
3:1
APPROX

EX GROUND

GRADING SECTION
PAD

RETAINING
WALL

APPROX EX
GROUND
2:1 MAX
EX
PL

GRADING SECTION
PAD

REALIGNED

DRAINAGE
PL R/W

RETAINING
WALL
8'

MULTI-USE
TRAIL

14.8'±
1' OVERBUILD
VARIES
2:1 MAX
1' OVERBUILD

4.8'
2:1 MAX
8'
1'
VARIES
8'

MULTI-USE

TRAIL VARIES
1' OVERBUILD
VARIES
8'
8'

MULTI-USE
TRAIL 32'±
8' MULTI-USE
TRAIL 3:1 MAX
FC
14'
1' OVERBUILD
4'
16'
8' 8'

MULTI-USE
TRAIL

5.5'
R/W
24'±
3:1
VARIES 8' TRAIL 21'
1' OVERBUILD 1' OVERBUILD
21'
3:1
5'
R/W
126'±
21'± VARIES 20' EVA 5' 6' 1' OVERBUILD
2:1 MAX 2:1 MAX
5'-10' VARIES

OVERBUILD

DETENTION
BASIN

NEW HORIZONS

BY MORGAN HILL DEVCO, LLC

AT MORGAN HILL
JOB NO. 202013-001
DATE 3/24/2023

SCALE AS SHOWN
Development Process Consultants camp & camp associates inc.

ZA2021-0001
PD-20

GRADING SECTIONS

STOP STOP STOP STOP
STOP STOP STOP STOP STOP BVC 363.2 EVC 365.4 PARCEL A STREET A STREET A STREET A COURT A COURT B SORREL DRIVE SORREL DRIVE SORREL DRIVE COURT C COURT C STREET C STREET D STREET E STREET E STREET J STREET K STREET L

STREET M

STREET H STREET G

STREET I

STREET F

FOUNTAIN AVE
REMINGTON COURT BARRETT AVENUE (60' R/W) BARRETT AVENUE (60' R/W)

PVT DRIVE A

PVT DRIVE C PVT DRIVE G PVT DRIVE K

PVT DRIVE I

PVT DRIVE J PVT DRIVE L

PVT DRIVE D

PVT DRIVE E

PVT DRIVE H
HILL ROAD (46' HALF PUBLIC R/W) JACKSON PARK EXPANSION 54 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 29 30 33 34 44 43 42 41 68 66 63 62 61 57 56 55 156 154 115153 152 117 118 119 120 121 122 76 75 74 73 70 71113 111 112 109 110 99 97 98 96 95 87 86 85 84 83 82 81 80 131 130 129 128 132 133 142 136 138 126 125 252 251 249 247 244 243 241 240 239 238 237 294 292 291 290 288 286 285 283 282 275 276 277 278 279270 265 266 267 262 158 160 163 164 165 166 167 168 169 170 301 302 303 305 306 307 310 311 319 318 317 315 314 313 312 47 187 188 197 193 191 180 181 182 183 176 178 179 45 38 161 53 46 190189 9 90 91 92 93 94 79 72 89 137 145 150 250 248 304 308 309 300 299 261 260 258 259 257 256 146 147 148 149 186 185 155 525150 49 48 159 157 54 37 36 35 151 140 141 139 320 316 289 293 296 264 272 271 284 281 280 287 21 32 78 77 103 102101 104 107 106105 108 127 124144 143 116 69 67 65 64 58 59 60 39 40 196 195 194 192 177 173 172 171 162 263 184 242 253 295 36 26 31 88 100 114 134 123 135 175 174 246 245 254 255 268 269 274 273 297 298 223 222 221 220 219 218 198 199 200 201 202 203 204 205 206 207 208 209 216 215 214 213 212 211 210 224 217 225 226 227 228 229 230 231 232 233 234 235 236 PCL P Parcel B Parcel C JACKSON PARK EXPANSION Parcel D Parcel H Parcel F E N G I N E E R S P L A N N E R S S U R V E Y O R S SHEET 1 OF 1 SELECT PARCEL ACREAGES NEW HORIZONS MORGAN HILL, CALIFORNIA FEBRUARY, 2024 JOB NUMBER: 202013 PARCEL AND APPROXIMATE ACREAGE PARCEL A 0.40 ACRES PARCEL B 1.40 ACRES PARCEL D 0.97 ACRES PARCEL F PARCEL H PARCEL C 0.36 ACRES 0.93 ACRES 2.12 ACRES

RESOLUTION NO. 24-12

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF MORGAN HILL RECOMMENDING THAT

THE CITY COUNCIL CERTIFY THE FINAL

ENVIRONMENTAL IMPACT REPORT FOR THE NEW

HORIZONS (HILL - MORGAN HILL DEVCO) PROJECT

AS CONSISTENT WITH THE REQUIREMENTS OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT AND

ADOPT A STATEMENT OF OVERRIDING

CONSIDERATIONS REGARDING ENVIRONMENTAL

IMPACTS AND A RELATED MITIGATION MONITORING

AND REPORTING PROGRAM
WHEREAS, an Environmental Impact Report (EIR) (SCH Number 2021060587) was prepared for the New Horizons (Hill - Morgan Hill Devco) Project in accordance with the California Environmental Quality Act (CEQA). A Notice of Preparation (NOP) was circulated between June 25, 2021 and July 25, 2021 and a scoping meeting was held on July 13, 2021 to receive comments regarding the scope and content of the EIR. The Draft EIR was circulated between November 3, 2023 and January 3, 2024 and a Community Open House held on December 4, 2023 to provide opportunity for the public to submit verbal comments and written comments on the EIR; and
WHEREAS, the City of Morgan Hill received comments on the Draft EIR by individuals/ organizations. Responses to those comments and minor changes to the Draft EIR were included in a Final EIR document in accordance with the requirements of CEQA; and
WHEREAS, the information contained in the Final EIR, consisting of the Draft EIR document in combination with the Final EIR document, was reviewed and considered by the Planning Commission at a duly-noticed Planning Commission public hearing held on September 24,2024; and the Planning Commission took action to recommend to the City Council that the Final EIR be certified as being found complete, correct, and in substantial compliance with the requirements of the California Environmental Quality Act; and WHEREAS, the Environmental Impact Report concluded that implementation of the Project could result in two significant and unavoidable impacts on the environment and identified mitigation measures that would reduce some but not all of those significant impacts to a less-than significant level; and
WHEREAS, in connection with the approval of a project involving the preparation of an Environmental Impact Report that identifies one or more significant and unavoidable environmental impacts, CEQA requires the decision-making body of the lead agency to incorporate feasible mitigation measures that would reduce significant and unavoidable environmental impact(s) to a less-than-significant level and/or adopt a Findings of Fact and Statement of Overriding Considerations; and

City of Morgan Hill
Resolution No. 24-12

WHEREAS, whenever a lead agency approves a project requmng the implementation of measures to mitigate or avoid significant and unavoidable impact(s) on the environment, CEQA also requires a lead agency to adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation, and such a mitigation monitoring and reporting program has been prepared for the Project for consideration by the decision-maker of the City of Morgan Hill as lead agency for the Project (the "Mitigation Monitoring and Reporting Program"); and WHEREAS, the City of Morgan Hill is the lead agency on the Project, and the City Council is the decision-making body for the proposed approval to construct and otherwise undertake the Project; and
WHEREAS, the Environmental Impact Report and the related Findings of Fact and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Project are, by this reference, incorporated into this Resolution as if fully set forth herein; and
WHEREAS, the Environmental Impact Report, incorporating any Addenda, and related Findings of Fact and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Project are on file in the Development Services Department located at 17575 Peak Avenue, Morgan Hill, California, 95037, and are available for inspection by any interested person at that location.

NOW, THEREFORE, THE MORGAN HILL PLANNING COMMISSION DOES RESOLVE AS FOLLOWS:

SECTION 1: RECOMMENDED FINDINGS OF FACT AND STATEMENT OF

OVERRIDING CONSIDERATIONS TO THE CITY COUNCIL OF THE CITY

OF MORGAN HILL REGARDING THE FINAL ENVIRONMENTAL

IMPACT REPORT FOR THE NEW HORIZONS (HILL - MORGAN HILL
DEVCO) PROJECT: The Planning Commission hereby recommends that the City Council find, determine, and declare the findings and facts and statement of overriding considerations as set forth in the attached Exhibit "A" by this reference incorporated herein.

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

PASSED AND ADOPTED THIS 24th DAY OF SEPTEMBER 2024, AT A REGULAR MEETING OF THE PLANNING COMMISSION BY THE FOLLOWING VOTE:

AYES:

NOES:

COMMISSIONERS:

COMMISSIONERS:

DOWNEY, LAKE, KUMAR, MUELLER

HABIB, WILSON

ABSTAIN: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ATTEST:

J��uty City Clerk
NONE
TANDA
APPROVED:
lia111 JJowne� Liam Downey (Oct 21, 2024 �36 PDT)
LIAM DOWNEY, Chair
City of Morgan Hill
Resolution No. 24-12

City of Morgan Hill
Resolution No. 24-12

EXHIBIT "A"

FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS BY

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

ENVIRONMENTAL IMPACT REPORT FOR THE NEW HORIZONS (HILL- MORGAN HILL DEVCO) PROJECT (State Clearinghouse No. 2021060587) The following Findings, the mitigation measures specified herein, and the Mitigation Monitoring and Reporting Program attached hereto are hereby adopted by the Morgan Hill City Council in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21081, 21081.5 and 21081.6, and the CEQA Guidelines, Title 14, California Code of Regulations, Sections 15091 and 15092 for the Crosswinds Residential (project).

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

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

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

"If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered 'acceptable." A. ENVIRONMENTAL REVIEW PROCESS
The Environmental Impact Report (EIR) prepared by the City of Morgan Hill (City) in consultation with David J. Powers & Associates for the New Horizons (Hill - Morgan Hill Devco) Project (project) consists of the Draft EIR (Draft EIR) and the Final EIR / Response to Comments on the Draft EIR.

On June 25, 2021, the City of Morgan Hill circulated a Notice of Preparation (NOP) for a 30-day comment period to request input on the types of impacts that could result from the proposed project. The Draft EIR was made available for public review for a 60-day comment period that began on November 3, 2023 and ended on January 3, 2024. The Notice of Availability of a Draft EIR was posted with the Santa Clara County Clerk, sent to the State Clearinghouse, published on the City's website, and mailed to responsible agencies. The City of Morgan Hill received verbal and written comments during the public comment period.

The City released the Final EIR for public review on August 27, 2024. The Final EIR consists of copies of all comments received on the Draft EIR, a list of commenters, all responses to comments, and Draft EIR text revisions. The Final EIR, Draft EIR, and Mitigation Monitoring and Reporting Program (MMRP) together comprise the EIR for the project. The analysis and conclusions contained in the EIR reflect the independent judgment of the City.

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

The approximately 69.4-acre project site is located at the northeast quadrant of Barrett Avenue and Hill Road in the City of Morgan Hill (Assessor's Parcel Number [APN] 817- 20-031 ). The project site is largely undeveloped, and the ground is predominantly fallowed. There are four vacant structures, formerly used for agricultural purposes, totaling approximately 25,000 square feet on the southeastern portion of the site, surrounded by trees. PG&E has easements for two existing gas lines on the eastern portion of the project site. There is an existing retention basin on the southwestern portion of the site. Tennant Creek bisects the project site from the northwest boundary to southwest boundary. The project site is bounded by Barrett Avenue, agricultural land, and rural residences to the south; Hill Road, warehouse/storage structures, industrial structures, and rural residences to the west; and single-family residences to the north City of Morgan Hill
Resolution No. 24-12

technological, or other benefits of the project outweigh the significant effects on the environment. The CEQA Guidelines state in section 15093 that:

City of Morgan Hill
Resolution No. 24-12

and east. Sorrel Way is located northeast of the site. Jackson Park and Jackson Elementary School are located northernly adjacent to the project site.

The proposed project would remove the existing structures and develop the project site with a total of 320 residential units. The project proposes to subdivide the project site into 320 lots. The new lots would facilitate the development of 223 one- to two-story single-family detached houses, 42 court-style houses, 21 senior (i.e., age-restricted) cottages, 34 senior duet units. Out of the 223 single family homes, 23 of them include an accessory dwelling unit (ADU), and all 21 senior cottage units include an ADU. The maximum height of the residences would be 26 feet above the ground surface and would vary between one to two stories. Single-family detached houses would be located throughout the entire site. The age-restricted cottages and duets would be centrally located on the site. The project would include approximately six acres of private open space and four acres of public open space. The project also proposes off-site improvements to Jackson Park, Jackson Elementary School, Hill Road, and Barrett Avenue
The project as proposed results in two significant and unavoidable impacts on agricultural resources and transportation.

The EIR evaluates four project alternatives that are further discussed in section "F.

Alternatives" of this Resolution.

C. SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS AND DISPOSITION OF

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

1. Agricultural Impact AG-1: Conversion of approximately 44 acres of Prime Farmland and approximately five acres of Farmland of Statewide Importance would constitute a significant impact to agricultural resources. (Significant and Unavoidable Impact) Mitigation Measure MM AG-1.1: A minimum of one acre of agricultural land (1:1 mitigation ratio) shall be preserved for each acre of agricultural land changed to a non-agricultural use. The required acreage of area to be protected through an agricultural conservation easement or agricultural preservation in-lieu fee will depend on the measurement of affected area. The area of land designated as Prime Farmland and Farmland of Statewide Importance shall be used for calculating the required mitigation.

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

Finding: Based on the Farmland Mapping and Monitoring Program of the California Resources Agency Mapping System, the project site consists of approximately 44 acres of Prime Farmland and 5 acres of Statewide Importance Farmland. The project proposes to develop the site with residential uses. Conversion of the Prime Farmland would constitute a significant impact to agricultural resources. Consistent with the City's Agricultural Preservation Program and Agricultural Mitigation Ordinance, mitigation measures MM AG-1.1 and MM AG-1.2 require a minimum of one acre of agricultural land (1 :1 mitigation ratio) to be preserved for each acre of agricultural land changed to a non-agricultural use and acquisition and/or dedication of agricultural conservation easements over approved agricultural mitigation land, or payment to the City of the agricultural preservation in-lieu fee. The project applicant will implement mitigation measures MM AG-1.1 and MM AG-1.2, however, the impact would not be reduced to a less than significant level because, while the project would preserve existing agricultural lands, it would not create any new agricultural lands to offset the loss of Prime and Statewide Importance farmland. There are no other feasible mitigation measures which could be implemented to reduce the loss of agricultural lands to a less than significant level, as CEQA case law affirms the principle that the loss of prime farmland is irreversible, and protection of other existing farmland does not fully offset the lost farmland, but rather prevents further loss.

Therefore, the impact would remain significant and unavoidable.

Impacts related to agricultural resources have been mitigated to the extent feasible.

The City of Morgan Hill finds that although this impact would be significant and unavoidable, the impact is acceptable when weighed against the overriding social, economic, and other considerations set forth in Section I, Statement of Overriding Considerations.

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

2. Transportation Impact TRN-1 and Impact TRN-C: The project would generate

33.25 vehicle miles traveled (VMT) daily per capita, exceeding the threshold of 20.94 VMT per capita.(Significant and Unavoidable Impact)
Mitigation Measure TRN-1.1: MM TRN-1.1: The project applicant shall develop and implement a Transportation Demand Management {TOM) plan which targets a City of Morgan Hill
Resolution No. 24-12

City of Morgan Hill
Resolution No. 24-12

reduction in residential vehicle trips to and from the site. The TDM plan shall be prepared by a qualified traffic consultant and in coordination with the City of Morgan Hill Development Services Director or Designee. The TDM plan shall quantify the reduction in VMT. The TDM plan shall require the following measures:
• Prior to project occupancy, the project applicant shall make a financial contribution to the City's on-site demand rideshare service (MoGo ), as a one-time or annual financial contribution based on City's approval.
• The project shall improve the surrounding pedestrian network by including sidewalks, which terminate at the common property line, allowing for connections to the adjacent property in the event there is future development.

Finding: The project would result in VMT per capita of 33.25, while citywide VMT per capita is 24.64, and the QPR threshold relied upon in the EIR was 20.94 VMT per capita. Using OPR's impact thresholds, the project would need to implement VMT reduction measures to achieve a 24 percent reduction (27.41 to 20.94) in its VMT per capita for the proposed residential uses to reduce its impact to less than significant level. Mitigation measure TRN-1.1 requires the project applicant to make a financial contribution to the City's on-site demand rideshare service, as a one-time or annual financial contribution based on City approval. VMT tool does not include a feature which calculates VMT reduction from the project applicant's contribution to the City's on-site demand rideshare service. The project design features would encourage the use of pedestrian and bicycle facilities, but not to a degree which would have any measurable effect on project VMT. Therefore, the project VMT would continue to be above the 20.94 VMT per capita threshold. There are no other feasible mitigation measures which coula 6e implemented to reauce the transportation impacts. Measures such as carshare programs and transit service expansion programs would not be feasible given the costs to maintain such programs. As mentioned above, even with the implementation of these measures, the project VMT would be above the VMT per capita threshold. Therefore, the impact would remain significant and unavoidable.

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

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

INCORPORATED INTO THE PROJECT
The following findings are hereby made by the City of Morgan Hill City Council for the significant environmental effects identified in the EIR that would be reduced to a less than significant level through incorporation of mitigation measures. The City finds for

each of the significant or potentially significant impacts identified in this section that based upon substantial evidence in the record, changes or alterations have been required or incorporated into the project which avoid or substantially lessen the significant effects as identified in the EIR and, thus, that adoption of the mitigation measures set forth below will reduce these significant or potentially significant effects to less than significant levels. Adoption of the mitigation measures will effectively make the mitigation measures part of the project. In addition, compliance with City and other applicable regulations will further reduce project impacts. Therefore, the City finds that based upon substantial evidence in the record, changes or alterations have been required or incorporated into the project which avoid or substantially lessen the significant effects as identified in the EIR.

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

1. Air Quality: The project construction would exceed the Bay Area Air Quality Management District (BAAQMD) significance threshold for reactive organic gasses (ROGs). Additionally, the project would exceed the BAAQMD single-source significance threshold for cancer risks at the maximally exposed individuals (MEI) location during construction. With the implementation of the mitigation measures MM AIR-1.1 and MM AIR 2.1, these impacts would be reduced to less than significant.

MM AIR1 .1: During project construction, the project applicant shall use "supercompliant" low volatile organic compound (i.e., VOC) coatings that have emissions lower than current BAAQMD requirements (i.e., Regulation 8, Rule 3: Architectural Coatings), for at least 50 percent of all residential interior paints and 50 percent of exterior paints. This includes all architectural coatings applied during both construction and reapplications throughout the project's operational lifetime. At least 50 percent of coatings applied must meet a "super-compliant" VOC standard of less than 10 grams of VOC per liter of paint. For reapplication of coatings during the project's operational lifetime, the Declaration of Covenants, Conditions, and Restrictions shall contain a stipulation for low VOC coatings to be used. Examples of "super-compliant" coatings are contained in the South Coast Air Quality Management District's website.

MM AIR 2.1: Prior to issuance of any demolition, grading, and/or building permits (whichever occurs earliest), the project applicant shall submit a construction operations plan to the Development Services Director that reduces diesel particulate matter emissions by 50 percent such that increased cancer risk and annual PM2.5 concentrations would be reduced below TAC significance levels. The plan shall include the following:

1. 60 percent of all construction equipment larger than 25 horsepower used at the site for more than two continuous days or 20 hours total shall meet U.S. EPA Tier 4 emission standards and the remaining 40 percent shall meet U.S. EPA Tier 3 emission standards, if feasible, otherwise,
City of Morgan Hill
Resolution No. 24-12

City of Morgan Hill
Resolution No. 24-12

•
If use of Tier 4 equipment is not available, alternatively use equipment that meets U.S. EPA emission standards for Tier 3 engines and include particulate matter emissions control equivalent to GARB verifiable diesel emission control devices that altogether achieve a 50 percent reduction in particulate matter exhaust in comparison to uncontrolled equipment. Alternatively, or in combination, • Use of electrical or non-diesel equipment with lower particulate matter emissions that meet the PM reduction requirements above.

2. Alternatively, the applicant may develop another construction operations plan demonstrating that the construction equipment used on-site would achieve a reduction in construction diesel particulate matter emissions by 50 percent or greater.

Elements of the plan could include a combination of some of the following measures:
•
Implementation of No. 1 above to use 60 percent Tier 4 and 40 percent Tier 3 or alternatively fueled equipment,
•
Installation of electric power lines during early construction phases to avoid use of diesel generators and compressors,
• Use of electrically-powered equipment,
• Forklifts and aerial lifts used for exterior and interior building construction shall be electric or propane/natural gas powered,
• Change in construction build-out plans to lengthen phases, and •
Implementation of different building techniques that result in less diesel equipment usage.

Finding: The proposed project will implement mitigation measures AIR-1.1 and AIR -

2.1, and reduce the impacts to a less than significant level.

2. Biological Resources Impact: The project could have a substantial adverse effect on nesting bird activity, burrowing owl habitat or individuals, roosting bats, monarch butterfly eggs, larvae, or pupae during construction. Additionally, the project would result in riparian encroachment what would constitute a significant impact. With the implementation of mitigation measures listed below, this impact would be reduced to less than significant.

MM BIO-1.1: To the extent feasible, construction activities shall be scheduled to avoid the nesting season. If construction activities are scheduled to take place outside the nesting season, all impacts to nesting birds protected under the MBTA and California Fish and Game Code will be avoided. The nesting season for most birds in Santa Clara County extends from February 1 through August 31, inclusive.

If construction activities and/or tree removal cannot be scheduled to occur between September 1 and January 31, preconstruction surveys for nesting birds shall be conducted by a qualified biologist or ornithologist to ensure that no nests will be disturbed during project implementation. These surveys shall be conducted no more than seven days prior to the initiation of demolition or construction activities including tree removal and pruning. During this survey, the ornithologist will inspect all trees

and other potential nesting habitats (e.g., trees, shrubs, ruderal grasslands, buildings) in and immediately adjacent to the impact areas for nests. If an active nest is found sufficiently close to work areas to be disturbed by these activities, the ornithologist will determine the extent of a construction-free buffer zone to be established around the nest (typically 300 feet for raptors and 100 feet for other species), to ensure that no nests of species protected by the MBTA and California Fish and Game Code will be disturbed during project implementation. The written report shall indicate the results of the survey, a map of identified active nests, and any designated buffer zones or other protective measures to be implemented with the project.

MM 810-2.1: If an active nest is found sufficiently close to work areas to be disturbed by these activities, the ornithologist will determine the extent of a disturbance-free buffer zone to be established around the nest (typically 250 feet for raptors and 50- 100 feet for other species) that will remain off limits to construction until the nesting season is over, to ensure that no nests of species protected by the Migratory Bird Treaty Act and California Fish and Wildlife Code will be disturbed during project implementation. A report indicating the result of the survey and any designated buffer zones shall be submitted to the satisfaction of the City's Development Services Director or Director's designee prior to removal of trees and issuance of a grading permit.

MM BIO 3.1: A pre-activity survey for day-roosting bats shall be conducted prior to the onset of demolition of existing buildings or ground-disturbing activities within 100 feet of existing buildings. A qualified biologist will conduct a survey for evidence of bat use within suitable habitat. If evidence of use is observed, but the biologist is unable to determine whether or not the roost is occupied at that time, a dusk acoustic survey may be necessary to determine if bats are present and to identify the specific location of any bat colony. If no active bat day roost is located, no further measures are necessary. The report indicating the result of the survey shall be submitted to the satisfaction of the Development Services Director or Director's designee prior to initiation of construction activities (demolition or ground-disturbing activities). If an active day roost is located during the maternity season (March 15 to July 31 ), the biologist will attempt to determine whether the roost is occupied by nonbreeding bats (e.g., a bachelor roost consisting of males) or whether the roots is occupied by females with young. If females with young are present, a disturbance-free buffer zone (determined by a qualified bat biologist) shall be implemented until July 31, or until the young are able to fly independently (whichever occurs first). If a nonmaternity roost is present during the maternity season, or during the nonmaternity season, the individuals shall be safely evicted between August 1 and October 15 or between February 15 and March 16 under the supervision of, and following eviction methods developed by, a qualified biologist. Demolition or construction can begin after the bats have been evicted.

MM BI0-4.1: In the San Francisco Bay area, monarch butterflies may begin laying eggs as early as March, and the last generation of the year hatches in September City of Morgan Hill
Resolution No. 24-12

City of Morgan Hill
Resolution No. 24-12

and October. Therefore, if milkweed plants are impacted from November through February, they are not expected to support eggs, larvae, or pupae, and no measures are necessary for project activities during the period November 1 through the end of February.

Prior to disturbance of any vegetated habitat that could support milkweed during the period March 1 through October 31, surveys shall be performed for the species' larval host plants. This survey shall occur within 2 weeks prior to the start of construction. A qualified biologist will survey the project impact areas, as well as surrounding areas within 50 feet (to the extent access allows), to identify any larval host plants. Any detected host plants shall be checked for eggs, larvae, or pupae. If no host plants are detected, or if no monarch eggs, larvae, or pupae are detected on those plants, no further action will be necessary. The report indicating the result of the survey shall be submitted to the satisfaction of the Development Services Director or Director's designee prior to initiation of construction activities.

If monarch eggs, larvae, or pupae are detected, one of the following measures will be implemented:
• They will be protected by establishing a buffer zone around individual plants or populations. The buffer zone will be determined by a qualified biologist to avoid direct and indirect impacts (such as dust mobilization onto plants) on the monarchs and the plants on which eggs, larvae, or pupae occur. Project personnel and equipment shall not operate within such areas. All avoided larval host plants shall be clearly marked in the field with fencing or flagging. The buffer zone shall remain in place until monarchs are no longer present on those plants.

If larvae are detected within the survey area and impacts to the plants supporting those individuals cannot be delayed until the emergence of individual butterflies as adults, a qualified biologist may relocate larvae to milkweed plants more than 50 feet outside the impact area, if those milkweeds are not already occupied by monarch eggs or larvae.

Alternatively, raising monarch butterflies in captivity is feasible, and eggs, larvae, or pupae that cannot be avoided could be raised to maturity in captivity and then released into habitat having suitable nectar sources. Only a qualified biologist shall handle or raise monarchs. If the monarch butterfly is listed (e.g., under FESA) prior to implementation of these measures, appropriate approval from the USFWS would be necessary to handle or relocate monarchs, or to raise them in captivity.

MM BI0-5.1: Compensate for new urban development within setback. If a riparian setback exception is granted to the project, the project will introduce 0.18-acre of new urban development encroaching into the riparian setback. To compensate for this degradation of setback functions in the area, the project shall restore native riparian habitat at a 2:1 (restored area to impacted area) ratio, on an acreage basis, within other planned open space areas in the riparian setbacks. Native herbaceous

plant species appropriate to the local area such as deergrass and narrow leaf milkweed shall be planted within the creek bottom and slopes. Native trees and shrubs appropriate to the local area such as coast live oak and coyote brush shall be planted and maintained to provide additional wildlife habitat adjacent to Tennant Creek. Coordinate with Valley Water to determine whether any woody vegetation can be planted within the banks of the creek or whether it would need to be installed above the top of bank, in order to ensure flood flows are not impeded by vegetation in the channel. A qualified restoration ecologist shall develop a riparian setback enhancement and monitoring plan, which will contain the following components:
• Goal of the restoration to achieve no net loss of habitat functions and values; • Restoration design (planting plan, soil amendments and other site preparation elements as appropriate, maintenance plan, and remedial measures/adaptive management);
• Monitoring plan (including final and performance criteria, monitoring methods, data analysis, reporting requirements, monitoring schedule, etc). At a minimum, success criteria will include elimination of non-native woody species from within the enhancement area and establishment of native trees and shrubs; and • Contingency plan for mitigation elements that do not meet performance or final success criteria.
• The plan shall be approved by the City of Morgan Hill and the Santa Clara Valley Habitat Agency prior to initiation of impacts to currently undeveloped habitat within the riparian setback.

Finding: The proposed project will implement mitigation measures BI0-1.1, BI0-2.1, BI0-3.1, BI0-4.1, and BI0-5.1 and reduce the impacts to a less than significant level.

3. Cultural Resources Impact: Gound-disturbing construction activities could result in impacts to archaeological resources without mitigation. With the implementation of mitigation measures MM CUL-1.1 and MM CUL-1.2, this impact would be reduced to less than significant.

MM CUL-2.1: A moderate potential exists for unrecorded historic period archaeological resources to be within the project area. The developer shall enter into written contracts with an archaeologist and the Tamien Nation Tribe, and pay all fees associated with the activities required by this Mitigation Measure. The following policies and procedures for treatment and disposition of inadvertently discovered human remains or archaeological materials shall apply:
(a) Prior to the start of grading or earthmoving activity (includes demolition and moving of heavy equipment on site) on the "first day of construction," the archaeologist and Tribal Monitor shall hold a pre-construction meeting for the purposes of "cultural sensitivity training" with the general contractor or subcontractors.

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(b) A Tamien Nation Tribal Monitor shall be present on-site to monitor all grounddisturbing activities and an archaeologist shall be on-call. Where historical or archaeological artifacts are found, work in areas where remains or artifacts are found will be restricted or stopped until proper protocols are met, as described below:

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

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

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

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

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

The rights of Native Americans to practice ceremonial observances on sites, in labs and around artifacts shall be upheld.

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

3. Surgical mask should also be worn to prevent exposure to pathogens that may be associated with the remains.
(d) In the event that known or suspected Native American remains are encountered, or significant historic or archaeological materials are discovered, ground-disturbing activities shall be immediately stopped. Examples of significant historic or archaeological materials include, but are not limited to, concentrations of historic artifacts (e.g., bottles, ceramics) or prehistoric artifacts (chipped chert or obsidian, arrow points, ground stone mortars and pestles), culturally altered ash stained midden soils associated with pre-contact Native American habitation sites, concentrations of fire-altered rock and/or burned or charred organic materials and historic structure remains such as stone lined building foundations, wells or privy pits. Ground-disturbing project activities may continue in other areas that are outside the exclusion zone as defined below.
(e) An "exclusion zone" where unauthorized equipment and personnel are not permitted shall be established (e.g., taped off) around the discovery area plus a reasonable buffer zone by the contractor foreman or authorized representative, or party who made the discovery and initiated these protocols, or if on-site at the time or discovery, by the monitoring archaeologist and tribal representative (typically twenty-five to fifty feet for single burial or archaeological find). (f) The discovery locale shall be secured (e.g., 24-hour surveillance) as directed by the City or County Coroner if considered prudent to avoid further disturbances. (g) The contractor foreman or authorized representative, or party who made the discovery and initiated these protocols shall be responsible for immediately contacting by telephone the parties listed below to report the find and initiate the consultation process for treatment and disposition:
• The City of Morgan Hill Development Services Director (408) 779-7247 • The Contractor's Point(s) of Contact
• The Coroner of the County of Santa Clara (if human remains found) (408) 793- 1900
• The Native American Heritage Commission (NAHC) in Sacramento (916) 653- 4082
• The Amah Mutsun Tribal Band (916) 481-5785 (H) or (916) 743-5833 (C) • The Tamien Nation (707)295-4011 (office) and (925)336-5359 (THPO) (h) The Coroner has two working days to examine the remains after being notified of the discovery. If the remains are Native American the Coroner has 24 hours to notify the NAHC.

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(i) The NAHC is responsible for identifying and immediately notifying the Most Likely Descendant (MLD). (Note: NAHC policy holds that the Native American Monitor will not be designated the MLD.)
U) Within 24 hours of their notification by the NAHC, the MLD will be granted permission to inspect the discovery site if they so choose. (k) Within 24 hours of their notification by the NAHC, the MLD may recommend to the City's Development Services Director or Director's designee, the recommended means for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The recommendation may include the scientific removal and non-destructive or destructive analysis of human remains and items associated with Native American burials. Only those osteological analyses or DNA analyses recommended by the appropriate tribe may be considered and carried out.
(I) If the MLD recommendation is rejected by the City of Morgan Hill the parties will attempt to mediate the disagreement with the NAHC. If mediation fails, then the remains and all associated grave offerings shall be reburied with appropriate dignity on the property in a location not subject to further subsurface disturbance.

MM CUL-1.2: The project applicant shall note on any plans that require ground disturbing excavation that there is a potential for exposing buried cultural resources including prehistoric Native American burials. Any archaeological site information supplied to the Contractor Foreman or authorized representative shall be considered confidential. Information on the project plans shall be verified by the City's Development Services Director or Director's designee prior to issuance of a grading permit or any building permit.

Finding: Implementation of MM CUL-1.1 and MM CUL-1.2 above would ensure that contractors and their employees are alerted to the potential presence of subsurface archaeological resources and trained on how to respond to any potential discoveries, thus ensuring that any unknown subsurface archaeological resources present within the APE would be identified during construction. MM CUL 1.1 and MM CUL-1.2 guarantee that any archaeological resources present within the project site are evaluated by a professional archaeologist and treated in accordance with California Public Resources Code Section 15064.5, as required by CEQA. Therefore, the project would not cause a substantial adverse change in the significance of an archaeological resource. (Less than Significant Impact with Mitigation Incorporated)

4. Greenhouse Gas Emissions: The project would exceed the BAAQMD annual emissions bright-line threshold and service population threshold for greenhouse gas (GHG) emissions. With the implementation of mitigation measure MM GHG 1.1 this impact would be reduced to less than significant.

MM GHG-1.1: Prior to issuance of grading permits on the project, the project applicant shall submit and implement a GHG reduction plan to the Development Services Director or Director's designee that reduces the project's operational GHG emissions in 2028 by 841 MT CO2e/year. The GHG reduction plan shall be implemented until the City adopts its GHG reduction plan consistent with the State's interim 2030 GHG emissions reduction target of 40 percent below 1990 levels. All feasible project design and operational measures shall be implemented prior to the purchase of credits. The GHG reduction plan shall include a combination of the measures listed below to reduce project GHG impacts:
• Implementation of a transportation demand management (TOM) program to reduce mobile GHG emissions;
• Installation of solar power systems or other renewable electric generating systems that provide electricity to power on-site equipment and possibly provide excess electric power;
• Provide infrastructure for electric vehicle charging in residential units and parking areas (i.e., provide 220 VAC power);
• Increase water conservation above State average conditions for residential uses by installing low flow water utilities and irrigation; and • Purchase verifiable carbon emission offsets that meet all of the following standards:
- Registry Performance Standards: The registry shall account for and quantify emission reductions using clear and defined standards and incorporating recognized principles of GHG emissions reduction accounting, including those set forth in the ISO 14064 and the WRI/WBCSD Greenhouse Gas Protocol for Project Accounting:
o The registry shall use clear information sufficient for reviewers to assess credibility of GHG emission reductions underlying the carbon offset credits.

Upon request by the City's Development Services Director or his or her designee, any governmental entity, or any stakeholder,
o The registry shall provide the following information within a reasonable time period in connection with any carbon offset credit retired by the applicant:
(i) the applicable quantification protocol; and (ii) all third-party confirmation or verification reports issued in connection with the carbon offset credits.

Such information shall be sufficient to monitor compliance by the project applicant with this mitigation measure.
o Carbon Offset Credit Performance Standards: The carbon offset credits retired by the applicant for the purpose of mitigating GHG emissions shall represent GHG emission reductions that are real, permanent, additional, quantifiable, verifiable and enforceable. To demonstrate compliance with such requirements, the developer shall provide the following to the City's Development Services Director or his or her designee: (i) the protocol used to quantify and issue such carbon offset credits, (ii) the third party verification report(s) pursuant to which such carbon offset credits were issued, and (iii) the unique serial numbers of the carbon offset credits to be retired to ensure that the offset cannot be further used in any manner. The Development Services Director or his or her designee shall reject any carbon offset credits that do not comply with these requirements, and City of Morgan Hill
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where reductions are not direct reductions within a confined project boundary or provide opportunities for reversal of the avoided emissions.

The Development Services Director or his or her designee shall reject any credits for a project that includes technology or GHG abatement practices that are already widely used.
o Geographic Limitations: The carbon offsets shall be from credit projects developed in the United States. Carbon offset credits resulting from international credit projects shall not be acceptable to satisfy this mitigation measure.
o Enforcement: The permits relating to the project shall be conditioned on achievement of GHG mitigation milestones. The purchase and retirement of carbon offset credits required to mitigate the GHG emissions resulting from the operation of the project shall be a condition of the issuance of a certificate of occupancy, temporary or permanent, for the project and as an issuance for continued operation. Should the City determine that the offset credits are non-compliant with the requirements in this mitigation measure, the City may issue a notice of non-consistency and cease permitting activities and/or stop project operations, until the City determines via an issued public notice that the offsets comply with the aforementioned standards.

Finding: Some of the measures involve project features or operational measures that would serve to reduce project emissions. However, it may not be possible to accomplish the required reduction solely through the design and operation of the project, in which case the use of carbon offsets would be required. Carbon offsets, as purchased through a verified registry, are a feasible and appropriate method to reduce a project's GHG emissions and is recognized by BAAQMD and GARB.

Because the project would be required to purchase whatever remaining amount of GHG reduction was required, after exhausting on-site reduction options such as those listed above, the project's GHG emissions would be reduced to a level below the applicable 2030 target. Therefore, implementation of a GHG reduction plan, as set forth in the mitigation measure above, would reduce the project's GHG emissions impact to a less than significant level. (Less than Significant Impact with Mitigation Incorporated)

5. Hazards and Hazardous Materials: Contaminated soils have the potential to release chemicals to the environment that could expose construction workers and nearby land uses. The project would demolish the existing buildings, which could release asbestos particles and expose construction workers and nearby residents to harmful levels of asbestos. Additionally, there is an existing well on site. Improper abandonment of wells and septic systems on-site could result in groundwater contamination. With implementation of mitigation measure HAZ-1.1, HAZ 2.1, and HAZ 3.1, these impacts will be reduced to a Less than Significant Impact with Mitigation Incorporated.

MM HAZ-1.1: Prior to issuance of a site grading permit, a corrective action/risk management plan (e.g., remedial action plan, removal action workplan, or Site Management Plan) shall be prepared that reflects the results of the on-site investigations. The corrective action/risk management plan shall describe mitigation measures (e.g., removal of contaminated soil) necessary to protect the health and safety of construction workers, nearby residents, and the environment, and establish appropriate management practices for handling and monitoring of impacted soil that may be encountered during construction activities. The corrective action/risk management plan shall describe protocols for the profiling of soil, if any, planned for off-site disposal. The corrective action/risk management plan should be prepared by an environmental professional and be submitted to an appropriate overseeing regulatory agency (e.g., Water Board, California DTSC, or SCCDEH) for review.

Regulatory agency approval shall be obtained prior to commencing earthwork activities in the vicinity of the identified impacted soil. This measure shall be completed under regulatory agency oversight and meet all applicable federal, state, and local laws, regulations, and requirements. Following completion, a report documenting compliance with the provisions of the corrective action/risk management plan and describing the work completed shall be submitted to and approved by the overseeing regulatory agency.

MM HAZ-2.1: Prior to issuance of a demolition permit for onsite structures, the project applicant shall consult with certified Asbestos and/or Lead Risk Assessors to complete and submit for review to the Building Division an asbestos and lead survey.

If asbestos-containing materials or lead containing materials are not discovered during the survey, further mitigation related to asbestos-containing materials or leadcontaining materials shall not be required. If asbestos containing materials and/or lead-containing materials are discovered by the survey, the project applicant shall prepare a work plan to demonstrate how the on-site asbestos containing materials and/or lead-containing materials shall be removed in accordance with current California Occupational Health and Safety (Cal-OSHA) Administration regulations and disposed of in accordance with all CalEPA regulations, prior to the demolition and/or removal of the on-site structures. The plan shall include the requirement that work shall be conducted by a Cal-OSHA registered asbestos and lead abatement contractor in accordance with Title 8 CCR1529 and Title 8 CCR 1532.1 regarding asbestos and lead training, engineering controls, and certifications. The applicant shall submit the work plan to the City for review and approval. The City has the right to defer the work plan to the Santa Clara County Department of Environmental Health for additional review. Materials containing more than one (1) percent asbestos that is friable are also subject to BAAQMD regulations. Removal of materials containing more than one (1) percent friable asbestos shall be completed in accordance with BAAQMD Section 11-2-303.

MM HAZ-3.1: Prior to issuance of a grading permit, the project applicant shall research well records from Valley Water and attempt to locate abandoned wells at the site. If a well is located on site, the project applicant or contractor shall contact Valley Water's Wells Hotline immediately to assist in the identification of City of Morgan Hill
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abandoned/unregistered wells or structures and help determine the appropriate means of addressing them. If the wells are identified, or subsequently encountered during earthwork activities, the applicant shall obtain a well destruction permit from Valley Water, and the wells shall be properly destroyed in accordance with Valley Water Ordinance 90-1. If septic systems are encountered during earthwork activities, those systems shall be abandoned in accordance with SCCDEH requirements.

Finding: With implementation of MM HAZ1 .1 Contaminated soils disturbed during construction have the potential to release chemicals to the environment that could expose construction workers and nearby land uses. With implementation of MM HAZ-2.1 would ensure that hazardous conditions on-site would not create a significant hazard to the public or to the environment. Lastly, with implementation of MM HAZ-3.1, historic wells and septic systems on the site would be destroyed in accordance with Valley Water and SCCDEH requirements and would not result in significant impacts. (Less than Significant Impact with Mitigation Incorporated).

6. Noise and Vibration: Project construction would generate vibration levels that could damage adjacent buildings. The project would not result in generation of excessive ground borne vibration or ground borne noise levels. With the implementation of mitigation measure MM NOl-1.1, this impact would be reduced to less than significant.

MM NOl-1.1: To address potential impacts related to vibration, the project shall implement the following vibration controls:
• Prohibit the use of heavy vibration-generating construction equipment within 25 feet of residences. Use a smaller vibratory roller, such as the Caterpillar model CP433E vibratory compactor, when compacting materials within 25 feet of residences to the north and east.
• Avoid dropping heavy equipment within 25 feet of residences. Use alternative methods, where feasible.
• Place operating equipment on the construction site as far as possible from vibrationsensitive receptors. • Avoid using vibratory rollers or tampers within 25 feet of sensitive uses. • Modify/design or identify alternative construction methods to reduce vibration levels below the limits.
• The contractor shall alert heavy equipment operators to the close proximity of the adjacent structures so they can exercise extra care.

Finding: Implementation of MM NOl-1.1 would reduce the project's vibration impacts to a less than significant level by ensuring that the minimum amount of vibrationgenerating equipment is used in proximity of the adjacent residences. (Less than Significant Impact with Mitigation Incorporated)

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

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

Option 1. No Project/No Development Alternative, Option 2. No Project/Existing Plan Development Alternative, Option 3. Reduced Footprint - Agricultural Preservation Alternative, and Option 4. No Riparian Encroachment Alternative.

Option 1 - No Proiect/No Development Alternative is required by CEQA Section 15126.6(e) to allow decision makers to compare the impacts of approving the project with the impacts of not approving the project. The CEQA Guidelines specifically advise that the No Project Alternative is "what would reasonably be expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services." The CEQA Guidelines emphasize that an EIR should take a practical approach, and not" ... create and analyze a set of artificial assumptions that would be required to preserve the existing physical environment" (Section 15126.6[e][3][B]).

The No Project/No Development Alternative would not meet any of the project's objectives. The No Project Alternative would not construct a residential development that provides market-rate and age-restricted housing. In conclusion, the No Project/No Development Alternative is an environmentally superior alternative to the proposed project. Because the No Project/No Development Alternative would not result in any new development on the site, this alternative would avoid all environmental impacts of the project. This alternative would not, however, would not implement the site's General Plan land use designation of Medium Density Residential.

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Option 2- No Project/Developed Under Existing General Plan/Zoning Alternative. Under the No Project - Developed Under Existing General Plan/Zoning Development Alternative, the project site would be developed in conformance with the existing General Plan designation. The site is zoned as Residential Detached Medium Density and has a General Plan designation of Residential Detached Medium, which allows for up to seven dwelling units per acre. The EIR further explains that this option, similar to the proposed project, the No Project - Developed Under Existing General Plan/Zoning Development Alternative would still likely entail development activity across the majority of the project site and result in similar site disturbance. Therefore, the No Project Developed Under Existing General Plan/Zoning Development Alternative Existing Plan Alternative will have impacts similar to the proposed project related to aesthetics, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, and tribal cultural resources. This alternative would also result in significant and unavoidable impacts to Transportation and Agricultural resource and therefore is not an environmentally superior alternative to the proposed project.

Option 3- Reduced Footprint/Agricultural Preservation Alternative. The purpose of the Reduced Footprint Agricultural Preservation alternative is to reduce the identified impacts to agricultural resources. This Alternative would not include development on farmland and, therefore, would avoid the significant impact to agricultural resources. This alternative would require a reduction of 70 percent of the project units to maintain the same mix of unit types, site layout, and project amenities as the proposed project, but on the 30 percent of the site acreage that is not farmland. To maintain the full unit count on 30 percent of the site acreage would require a substantially more dense residential unit type (i.e., multi-story attached unit housing) than allowed by the current General Plan land use designation, and a substantially revised site layout that avoided the farmland.

This Alterative would avoid the significant and unavoidable agricultural resources impact but would not avoid the significant and unavoidable VMT impact. This alternative could meet most of the project objectives; however, by only achieving 30 percent of the proposed housing units, this alternative would not achieve the project objective of providing market-rate and senior housing to the same degree as the project. Additionally, an agricultural use on this site would be inconsistent with the General Plan land use designation.

Option 4 - No Riparian Encroachment Alternative. Under the No Riparian Encroachment Alternative, project development would occur outside of the 35-foot riparian setback zone to the drainage channel, and therefore, would have a less than significant impact on riparian habitat. This option has the same building out area and will have the similar impacts to transportation and agricultural. However, the New Horizons Planned Development Standards includes a standard requiring no development within the 35- foot riparian setback. The EIR concludes this alternative is superior, but because the project is conditioned to meet this setback, it is now the same.

New Horizons (Hill - Morgan Hill Devco) Project Proposal and Alternative Options Conclusion - Among the alternatives that assume some development on the site, the environmentally superior alternative is the Reduced Footprint- Agricultural Preservation Alternative, since this alternative avoids one of the project's significant and unavoidable impacts. However, this alternative would only partially achieve project objectives and is not consistent with the City General Plan or Zoning Ordinance.

Therefore while Options 1 - 4 were evaluated in addition to the project proposal, the City of Morgan Hill City Council approves the Planned Development as proposed as the superior option.

The proposed project would require the following approvals:
• Certification of the EIR: Certify the New Horizons Hill - Morgan Hill Devco EIR and make environmental findings pursuant to CEQA.
• Zoning Amendment for a Planned Development Master Plan • Subdivision Map
• Design Permit
• Off-Site Improvement Agreement
• Issuance of Demolition, Grading, Building, and Occupancy Permits • Encroachment Permit from Valley Water (Sanitary Sewer Modifications) G. RECIRCULATION NOT REQUIRED
No new or substantial changes to the EIR were proposed as a result of the public comment process. The Final EIR responds to comments and makes only minor technical changes, clarifications or additions to the EIR. The minor changes, clarifications, and additions to the EIR do not identify any new significant impacts or substantial increase in the severity of any environmental impacts. Therefore, recirculation of the EIR is not required.

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

I. STATEMENT OF OVERRIDING CONSIDERATIONS
CEQA requires the decision-making agency to balance the benefits of a project against its significant and unavoidable impacts when determining whether to approve a project.

If the benefits of the project outweigh its unavoidable adverse environmental effects, those effects may be considered acceptable (CEQA Guidelines Section 15093(a)).

CEQA requires the agency to state in writing the specific reasons for considering a City of Morgan Hill
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project acceptable when significant impacts are not avoided or substantially lessened.

Those reasons must be based on substantial evidence in the Final EIR or elsewhere in the administrative record (CEQA Guidelines Section 15093(b)). The proposed project would result in significant and unavoidable impacts related to agricultural resources, even after incorporation of mitigation measures MM AG-1.1 and MM AG-1.2, which require a minimum of one acre of agricultural land ( 1: 1 mitigation ratio) to be preserved for each acre of agricultural land changed to a non-agricultural use and acquisition and/or dedication of agricultural conservation easements over approved agricultural mitigation land, or payment to the City of the agricultural preservation in-lieu fee, and VMT, even after incorporation of Mitigation Measure MM TRN-1.1, which requires a financial contribution to the City's on-site demand rideshare service and improving the surrounding pedestrian network by including sidewalks.

The City adopts and makes this Statement of Overriding Considerations regarding the significant unavoidable impacts of the project and the anticipated benefits of the project.

The City finds that the project's benefits of providing housing, including BMR units, outweighs the project's significant unavoidable environmental effects.

On balance, the City finds that there are specific considerations associated with the project that serve to override and outweigh the project's significant unavoidable effects.

Therefore, pursuant to CEQA Guidelines Section 15093(b ), these adverse effects are considered acceptable.

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

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

In some instances, the City Council has also relied on the expertise of other agencies who have provided comments on the Draft EIR and other actions related to the Project.

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

RESOLUTION NO. 24-13

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF MORGAN HILL RECOMMENDING

APPROVAL OF A ZONING AMENDMENT FOR A

PLANNED DEVELOPMENT AND ASSOCIATED MASTER
PLAN (ZA2021-0001) FOR A 69.43-ACRE SITE LOCATED

AT THE NORTHEAST QUADRANT OF HILL ROAD AND
BARRETT AVENUE (APN: 817-20-031)
WHEREAS, New Horizons, Hill – Morgan Hill Devco proposes to develop the

69.43-acre property located on the northeast quadrant of Hill Road and Barrett Avenue, identified by Assessor Parcel Number 817-20-031, with 320 new residential lots including a variety of unit types ranging from single-family detached units to multi-family attached units (Zoning Amendment ZA2021-0001); and
WHEREAS, said development proposes establishment of a Planned Development (PD) combining district which requires the approval of a Zoning Map Amendment and the establishment of a PD Master Plan; and
WHEREAS, Section 18.114.040 of the Morgan Hill Municipal Code requires that the Planning Commission make a recommendation to the City Council regarding the Zoning Map Amendment to establish a Planned Development Combining District based on the findings specified in Section 18.114.060; and
WHEREAS, Section 18.30.050H.5 of the Morgan Hill Municipal Code requires that the Planning Commission make a recommendation to the City Council regarding the Planned Development and associated Master Plan based on findings specified in Section

18.303.050.H.7; and
WHEREAS, an Environmental Impact Report (EIR) has been prepared and considered for this project prior to the consideration of the above-referenced applications.

Mitigation measures and a monitoring program will be adopted for those environmental impacts identified in the EIR; and
WHEREAS, such request was considered by the Planning Commission at its regular meeting of September 24,2024; and
WHEREAS, testimony received at a duly-noticed public hearing, along with exhibits and drawings and other materials have been considered in the review process.

NOW, THEREFORE, THE MORGAN HILL PLANNING COMMISSION DOES RESOLVE AS FOLLOWS:

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SECTION 1. The proposed amendment is consistent with the General Plan, Zoning Code, and any applicable specific plan or area plan adopted by City Council.

The project complies with the allowed density range for units on the site in accordance with the General Plan. The Planned Development is consistent with but not limited to the following General Plan Policies: Policy CNF 6.4, Policy CNF-6. A, Policy CNF 8.7, Policy CNF 8.11, Policy CNF 9.1, Policy CNF 10.4, Policy CNF10.5, Policy CNF 11.3, Policy CNF 11.5, Policy HC-3.14, Policy NRE-5.5, Policy NRE5.6, and NRE4.11. The Planned Development Standards require new development to meet the Residential Development Design and Development Standards and will be consistent with the intent of the underlying zoning designation.

SECTION 2. The proposed development is superior to the development that could occur under the standards applicable in the existing zoning district.

This PD Master Plan includes a range of unit types and lot sizes while maintaining the allowable density for the land use designation.

SECTION 3. The proposed project will provide a substantial public benefit(s) as defined in the Municipal Code. The public benefit provided shall be of sufficient value as determined by the Planning Commission to justify deviation from the standards of the zoning district that currently applies to the property.

The PD Master Plan provides 4-acres of outdoor common open space which is more then double the requirement for new development per the municipal code. The minimum roadway improvement for the Hill Road and Barrett Avenue intersection is a four-way signalized intersection. As written in the PD standards, the roundabout enhancement to the Hill and Barrett intersection will go above the required minimum improvement.

Therefore, this PD with Master Plan is consistent in providing a substantial public benefit.

SECTION 4. The Site for the proposed development is adequate in size and shape to accommodate proposed land uses.

The PD Master Plan has been reviewed for design, location, shape, size, and uses proposed and has been determined to be suitable and compliant with the vision of residential at this location with the addition of neighborhood parks and trail connectivity.

SECTION 5. Adequate transportation facilities, infrastructure, and public services exist or will be provided to serve the proposed development.

The project is consistent with the policies of the City’s General Plan to improve sidewalk connectivity and expand pedestrian opportunities. The City’s Bikeways, Trails, Parks and

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Resolution No. 24-13

Recreation Master Plan, adopted in July 2017, establishes goals, policies, and actions to facilitate bicycling and designates bicycle lanes along many City streets.

Senate Bill (SB) 743 establishes criteria for determining the significance of transportation impacts using a VMT metric intended to promote the reduction of GHG emissions, the development of multimodal transportation networks, and a diversity of land uses.

Specifically, SB 743 requires analysis of VMT in determining the significance of transportation impacts.

The Morgan Hill citywide average daily VMT per capita is currently 24.64. OPR recommends an impact threshold of 15 percent below the existing VMT levels for residential land uses, which equates to 20.94 VMT per capita. The project is estimated to generate 33.25 VMT daily per capita, which would exceed the City’s impact threshold.

The project would result in a significant VMT impact on the transportation system. The project applicant would need to implement VMT reduction measures to achieve a 37 percent reduction in its VMT per capita for the proposed project to reduce the project’s VMT impact to a less than significant level (below 20.94 VMT daily per capita). However, the maximum reduction possible is anticipated to reduce daily per capita VMT to only

29.55. The project’s VMT per capita could be reduced to 29.55 with the implementation of the Travel Demand Management (TDM) strategies, included as mitigation measures of the EIR and a Statement of Overriding Considerations prepared as part of the Resolution related to the EIR.

SECTION 6. The proposed development will not have a substantial adverse effect on surrounding property and will be compatible with the existing and planned land use characteristics of the surrounding area.

The project is a residential development that provides a variety of housing types ranging from single family detached to multi-family attached housing units on a range of lot sizes.

The proposed PD Master Plan integrates the new residential units with the surrounding residential neighborhoods by completing streets and adequately transitions larger lots to smaller lots. The PD and Master Plan was reviewed by the Development Services Team and Standards required within the document will not have a substantial adverse effect on surrounding property.

SECTION 7. Findings required for the current approval of a zoning Map amendment can be made such as consistency with the General Plan and that the proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

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Resolution No. 24-13

The project is a residential development that provides a variety of housing types ranging from single family detached to multifamily attached housing units on a range of lot sizes. The General Plan envisioned residential uses at this location and the proposed Plan integrates the new residential units with the surrounding residential neighborhoods by completing streets and adequately transitions larger lots to smaller lots.

SECTION 8. The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the permitted land uses and development will comply with the zoning code and General Plan and contribute to the health, safety, and welfare of the property, surrounding properties, and the community at large.

The 69.4-acre site is suitable in design, location, shape, and size to accommodate the uses allowed by the PD Master Plan. The variety of residential uses comply with the allowable density and the PD as written will require compliance with the Residential Development Design and Development Standards. The PD and Master Plan were reviewed by the Development Services Team which includes Building, Fire Prevention, Police, Engineering, Environmental Services, etc. concur that the PD and Master Plan as proposed will not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

SECTION 9. Planning Commission recommends approval of Zoning Amendment application ZA2021-0001: New Horizons (Hill – Morgan Hill Devco) project and the Planned Development Standards and Planned Development Master Plan as described in Exhibit “A” of this Resolution and by this reference incorporated herein.

PASSED AND ADOPTED THIS 24th DAY OF SEPTEMBER 2024, AT A REGULAR MEETING OF THE PLANNING COMMISSION BY THE FOLLOWING VOTE:

AYES: COMMISSIONERS: DOWNEY, LAKE, HABIB, KUMAR,

WILSON, MUELLER
NOES: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: TANDA
ATTEST: APPROVED:
_______________________________
JENNA LUNA, Deputy City Clerk LIAM DOWNEY, Chair
Liam Downey (Nov 5, 2024 14:42 PST)
Liam Downey

City of Morgan Hill
Resolution No. 24-13

EXHIBIT A
New Horizons Planned Development Standards
ZA2021-0001
This Planned Development (PD) creates an overlay to the base residential detached medium zoning. Where this Ordinance is silent, the Municipal Code, as amended, shall apply. Prior to and/or during development of the approximate 69-acre site the following shall be met.

1. Substantial Public Benefit: A substantial public benefit for the purpose of this PD is defined as a project feature not otherwise required by the zoning code or any other provision of local, state, or federal law that substantially exceeds the City’s minimum development standards and significantly advances goals of the general plan. The project must include one or more substantial public benefits. a. Useable Common Open Space: New residential development is required to provide useable private and common open space with a minimum type of on-site recreational amenities. While the private open space per lot and the on-site recreational amenities are reviewed for conformance prior to Design Permit approval, the common open space required is confirmed now. The master plan provides approximately 4–acres of parkland dispersed through three parks. The total amount of common open space required for the development is 47,585 square feet or 1.09-acres. The common open space provided exceeds the minimum by 2.91-acres. Because the master plan exceeds the minimum required, it qualifies as a substantial public benefit.

Table 1.b. Residential Development Design and Development Standards Useable Common Open Space
SFD
(7,000)
Smaller lot SF Detached
and Attached Total
Proposed Lot Sizes 7,000 5,000
3,000-
3,800
1,80
0 Common Open Space
Project proposed
number of units 64 159 63 34 320
Parkland sq ft required
per unit N/A 200 175 140
Project Requirement 3180
0 11025 4760 47,585sq.ft.

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b. Intersection Improvements: Per the Transportation Impact Analysis, development of this site will require Hill Road and Barrett Avenue to be a four-way signalized intersection at minimum, bringing the LOS from an unacceptable level to an acceptable LOS B level. The intersection safety and mobility improves from an LOS B to an LOS A with a roundabout instead of a signal. As a Significant Public Benefit, new development of this site shall require the construction payment for a new roundabout in lieu of a four-way signalized intersection per the Transportation Impact Analysis. If a roundabout is not desired at this location as determined by the City Civil Engineer, the additional funds that would be required to construct a roundabout will go towards supporting a City-sponsored rideshare program such as MOGO, or towards the intersection improvements listed under Section 5 of this PD for Transportation Related Standards.

2. Required Permits before Development:
a. The property owner or designee shall apply for a Design Permit to be reviewed for consistency with the standards of this New Horizons Planned Development and the Residential Development Design and Development Standards. b. A Subdivision Map will be required for the division of land, incorporation of easements, and dedication of land to the City.
c. Project proposal requires review and permits from the Clean Water Act Section 404 permit of the U.S. Army Corps of Engineers, Clean Water Act Section 401 Water Quality Certification and possibly Porter-Cologne Water Quality Control Act waste discharge requirements from the Central Coast Regional Water Quality Control Board.
d. Fish and Game Code Section 16 Streambed Alteration Agreement from the California Department of Fish and Wildlife (CDFW) will be necessary for the proposed project.
e. U.S. Bureau of Reclamation (USBR) and Valley Water permits are required prior to Design Permit approval for proposed work within the USBR easement. f. Approval is required from Valley Water and the City for encroachments within the regulatory floodway of Tennant Creek to demonstrate through hydrologic and hydraulic analyses that the project will not result in any increase in the base flood levels during the occurrence of the base flood discharge pursuant to Chapter 15.80 (Flood Damage Prevention) of the City’s Municipal Code. g. The proposed realignment of a portion of Tennant Creek requires a Conditional Letter of Map Revision (CLOMR) application submitted to the Federal Emergency Management Agency (FEMA) and a CLOMR issued by FEMA prior to Design Permit approval. After project completion and prior to building final(s), the project is required to submit a Letter of Map Revision (LOMR) application to FEMA and obtain LOMR approval from FEMA. If FEMA has suspended initiation of CLOMR and LOMR for this type of process, approval from FEMA is still required.

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h. The project may propose to apply to FEMA for a Conditional Letter of Map Revision based on Fill (CLOMR-F) to revise the 100-year floodplain within the site and possibly remove the proposed buildings out of the 100-year floodplain with issuance by FEMA of a LOMR-F. Currently, FEMA has suspended initiation of CLOMR-F and LOMR-F applications. However, it FEMA is creating a separate process for this type of approval, the project may apply. i. Off-Site Improvements Permit(s) with the City Engineering and/or Public Works Department and any associated encroachment permits that may be required. j. Issuance of required Building Permits for the new development including but not limited to a Master Plan, Grading etc.
k. Proposed development within this Master Plan Area is required to comply with the Morgan Hill Municipal Code specifically but not limited to the following: MHMC

15.65 Sustainable building Regulations, MHMC 18.72.040 Electric Vehicle Charging , MHMC 15.40 building Security and MHMC 15.38 Wage Theft Prevention.

3. Inclusionary Housing Ordinance Compliance (IHO): New development of the project site shall be in compliance with the IHO as amended. The IHO requires 15% of the total units proposed to be restricted to Below Market Rate (BMR) units. The Planned Development proposal for 320 units will require 48 units to be BMR units.

BMR units are required to be equally dispersed throughout each product type and accessory dwelling units do not count towards the required number of BMR units.

Review and enforcement of the IHO will be completed during the Design Permit and Subdivision Map process. All standards within the IHO apply including but not limited to the following:
a. Units must be geographically and proportionally disbursed. b. Units must be in all building types.
c. Units shall be dispersed among the product types, proportionate in number among each of the product types that comprise the development. d. Units must consist of the project’s average bedroom and bathroom count. e. Units shall not have significant identifiable differences. f. The size of the units, and distribution of model types shall be comparable and proportionate to the entire project’s makeup.

For a 320 unit development 48 units are required to be income-restricted BMR units.

The number of units in each product type are as follows:
• 223 Traditional SF represents 69.68% of the total project, therefore 69.68% of the required 48 BMRs is 33.44 which rounds to 34 BMR units. • 42 Courtyard homes represent 13.12% of the total project, therefore 13.12% of the required 48 BMRs is 6 BMR units.
• 21 Senior cottages represent 6.56% of the total project, therefore 6.5% of the required 48 BMRs is rounded to 3 BMR units.

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Resolution No. 24-13

• 34 Senior single-family attached represents 10.62%, therefore 10.62% of the required 48 BMRs is 5 BMR units.

Unit Type Number of Project Units BMR Unit Requirement
Single Family (223)
Courtyard Homes (42)
Senior Cottages (21)
Senior SFA (34)
320 48
Single Family 223 34
Courtyard Homes 42 6
Senior Cottages 21 3
Senior Single Family
Attached
34 5
The IHO allows for projects to pay an in-lieu fee or “fee out” up to 50% of the inclusionary obligation. The project is proposing a 100% in-lieu fee option as part of the approval of this PD. This section of the PD allows the applicant to either build or pay out with the in-lieu fee option and shall be formalized in the IHO agreement.

The IHO agreement will outline the projects compliance based on the approval of this PD and will be required to be prepared, approved, and recorded prior to Final Map recordation.

4. Public Park and Trail Improvements: Per the Quimby Parkland requirements, a minimum of 4.83 acres of parkland area is required to be constructed or an in-lieu fee paid. This PD Master Plan is dedicating 1.76 acres of land to Jackson Park. The new Jackson Park area will include onsite improvements that will be reviewed by the Parks and Recreation Commission and approved by City Council. The General Plan identifies a proposed shared use (pedestrian and bicycle) class 1 path from Jackson Park to Hill Road that connects to the existing trail system. The PD Master Plan identifies a public trail from Jackson Park to Hill Road that shall be constructed as a Class 1 shared use path.
a. A Subdivision Improvements Agreement (SIA) shall be executed between the City and the property owner or designee to cover required offsite improvements. b. Dedication of __1.76 _ acres of land to Jackson Park as shown on Parcel A and C.
c. Prior to final design of public park improvements, review and approval is required by Parks and Recreation Commission and City Council.
d. Improvements for existing features on City property will continue to be maintained by City.
e. In general, storm water detention solutions for projects need to be satisfied entirely on the project site. If a dual use storm water detention basin located on both City property and the proposed dedicated park area property is supported, it is required

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to be constructed by property owner or designee. Maintenance of new detention basin to be the responsibility of the HOA unless otherwise proven needed to resolve overflow runoff from Jackson Park. If City approves the dual use storm water detention basin, a private storm water easement will be granted by the City to the property owner or designee of the system.
f. The public trail connection to existing Jackson Park and trail network will be constructed by the property owner or designee.
g. A public access easement will be required over the trail located outside City Property, and shall be shown on the Tentative Map and dedicated to the City prior to final map approval. A Community Facilities District (CFD) shall be formed to cover the maintenance cost of the trail. If a CFD is not formed, the trail maintenance shall be the responsibility of the HOA. The landscaping adjacent to the trail area shall be maintained by the HOA.
h. The property owner or designee shall pay for and install an interpretive panel along the proposed pedestrian trail. The interpretive panel shall be reviewed and approved by Tamien Nation.
i. Water features including ponds will be reviewed for consistency with the Water Conservation Ordinance prior to design permit approval.

5. Transportation Related Standards: Based on the City’s operating standards the proposed development within this PD would have an adverse effect on the following intersections and will require improvements and fair share in lieu fees as follows. a. Condit Road and Main Avenue - The project shall contribute a proportional fair share of the in-lieu cost for future implementation of an exclusive southbound rightturn on Condit Road, required signal modifications, and lane striping on the southbound approach.
b. Condit Road and Tennant Avenue – The project shall contribute a proportional fair share of the in-lieu cost for future implementation of a traffic signal at the Condit Road and Tennant Avenue intersection.
c. Murphy Avenue and Tennant Avenue – The project shall contribute a proportional fair share of the in-lieu cost for future implementation of a traffic signal with protected phasing on all four approaches at the Murphy Avenue and Tennant Avenue intersection. The in-lieu cost shall be determined by the City prior to approval of tentative map and/or design permit.
d. Hill Road and Fountian Oaks Drive – The project shall implement a separate westbound left-turn lane on Fountian Oaks Drive. The property owner or designee shall be required to cover the full cost of this improvement. e. Hill Road and Barrett Avenue – If the Substantial Public Benefit roundabout at this intersection is not chosen by our City Public Works Department, the project shall implement a four-way traffic signal with protected phasing on Hill Road and Barrett Avenue at a minimum.

City of Morgan Hill
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f. Condit Road and Diana Avenue – The project shall contribute the proportional share of in-lieu cost for future implementation of a traffic signal with protected phasing on Condit Road. In-lieu cost shall be determined by the City prior to the approval of tentative map and or design permit.
g. New development shall provide adequate width and turn-radii at and along all drive/parking aisles to allow for two-way circulation and adequate circulation of larger vehicles (such as emergency trucks, garbage trucks, and delivery trucks) throughout the project site.
h. Improvements along the project frontage including the recommended widening of Hill Road shall be planned to accommodate the implementation of the planned bike lanes along Hill Road.

Noise Related Standards: The following noise insulation features shall be incorporated into the proposed project to reduce interior noise levels to 45 dBA Ldn or less at residential interiors:
a. Where project design and setbacks cannot achieve acceptable noise decibels for outdoor private open space, the project shall include noise barriers along the residential property lines of the backyards and side yards consistent with the noise study and confirmed by a qualified noise consultant. The noise barriers shall break the line-of-sight from the backyards to Hill Road. The minimum height of these barriers shall be eight feet as measured from the pad elevation of each residence.

The proposed barriers shall be continuous from grade to top, with no cracks or gaps, and have a minimum surface density of three lbs/ft2(e.g., one-inch-thick wood fence boards, half-inch laminated glass, concrete masonry units, or masonry).
b. The final design of the noise barriers to be included shall be confirmed by a qualified noise consultant.
c. Provide a suitable form of forced-air mechanical ventilation, as determined by the Building Official, for all residential units on the project site, so that windows can be kept closed at the occupant’s discretion to control interior noise and achieve the interior noise standards.
d. A qualified acoustical consultant shall review the final site plan, building elevations, and floor plans prior to construction and recommend building treatments to reduce interior noise levels to 45 dBA Ldn or lower. Such methods or materials that would reduce interior noise levels may include a combination of smaller window and door sizes as a percentage of the total building façade facing the noise source, soundrated windows and doors, sound rated exterior wall assemblies, and mechanical ventilation so windows may be kept closed at the occupant’s discretion. The specific determination of what noise insulation treatments are necessary shall be conducted on a unit-by-unit basis during final design of the project. Results of the analysis, including the description of the necessary noise control treatments, shall

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Resolution No. 24-13

be submitted to the City, along with the building plans and approved design, prior to issuance of a building permit.
e. The project applicant shall develop a noise construction control plan, which shall be submitted to the Development Services Director or Director’s designee for review and approval prior to issuance of a grading or building permit. The noise construction control plan shall include but not be limited to the following construction best management controls:
• Equipment and trucks used for construction shall use the best available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds);
• Impact tools (e.g., jackhammers, pavement breakers, and rock drills) used for construction shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools; and
• Stationary noise sources shall be located as far from noise-sensitive receptors as possible, and they shall be muffled and enclosed within temporary sheds, incorporate insulation barriers, or include other measures. • Construct temporary noise barriers, where feasible, to screen stationary noisegenerating equipment. Temporary noise barrier fences would provide a five dBA noise reduction when the noise barrier interrupts the line-of-sight between the noise source and receptor and when the barrier is constructed in a manner that eliminates any cracks or gaps.
• Unnecessary idling of internal combustion engines shall be strictly prohibited. • Construction staging areas shall be established at locations that will create the greatest distance between the construction-related noise sources and noisesensitive receptors nearest the project site during all project construction. Locate material stockpiles, as well as maintenance/equipment staging and parking areas, as far as feasible from residential receptors.
• Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project site. • Where feasible, temporary power service from local utility companies should be used instead of portable generators.
• Locate cranes as far from noise-sensitive receptors as possible. • During final grading, substitute graders for bulldozers, where feasible. Wheeled heavy equipment are quieter than track equipment and should be used where feasible.
• Substitute nail guns for manual hammering, where feasible. • Avoid the use of circular saws, miter/chop saws, and radial arm saws near the adjoining noise-sensitive receptors. Where feasible, shield saws with a solid screen with material having a minimum surface density of two pounds per square foot (e.g., such as 0.75-inch plywood). • Maintain smooth vehicle pathways for

City of Morgan Hill
Resolution No. 24-13

trucks and equipment accessing the site, and avoid local residential neighborhoods as much as possible.
• During interior construction, the exterior windows facing noise-sensitive receptors shall be closed.
• During interior construction, locate noise-generating equipment within the building to break the line-of-sight to the adjoining receptors. • The contractor shall prepare a detailed construction schedule for major noisegenerating construction activities. The construction plan shall identify a procedure for coordination with adjacent residential land uses so that construction activities can be scheduled to minimize noise disturbance.
• Designate a "disturbance coordinator" who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors regarding the construction schedule.

6. Environmental Standards Required for New Development: The adopted Environmental Impact Report prepared for this New Horizons Planned Development (SCH No. 2021060587) includes Mitigation Measures that shall be implemented as conditions of approval to the Design Permit and Tentative Map for the project. In addition to the Mitigation Measures listed within the Project Environmental Impact Report, the following standard conditions shall apply and be completed prior to or during construction as depicted by each standard.
a. Air Quality: The following standards shall be implemented during all phases of construction to control dust and exhaust at the project site:
i. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. ii. All haul trucks transporting sial, sand or other loose material off-site shall be covered.
iii. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
iv. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). v. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
vi. Replant vegetation in disturbed areas as soon as possible after completion of construction.
vii. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California

City of Morgan Hill
Resolution No. 24-13

airborne toxics control measure Title 13, Section 2485 of the California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.
viii. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
ix. Post a publicly visible sign with the telephone number and person to contact at the City regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. b. Biological Resources: The proposed project that could be developed as part of this Planned Development is covered under the Habitat Plan and will be required to comply with the following:
i. The project shall implement the following standard permit condition to ensure compliance with the Habitat Plan’s nitrogen deposition fee(s). The proposed project is covered pursuant to the Santa Clara Valley Habitat Plan (Habitat Plan) and subject to fees and conditions contained in the Habitat Plan. Habitat Plan conditions applicable to the project include:
• Condition 1. Avoid direct impacts on legally protected plan and wildlife species.
• Condition 3. Maintain hydrologic conditions and protect water quality. • Condition 4. Avoidance and minimization for in-stream projects. • Condition 11. Stream and riparian setbacks.
• Condition 17. Tricolored blackbird.
ii. Application Package. Prior to issuance of a grading permit, the project shall complete and submit a Habitat Plan Application Package. All fees shall be paid prior to issuance of a grading permit.
iii. Any additional conditions or mitigations required by the habitat Plan shall be clearly stated on all plans that involve any ground disturbing activity (i.e., grading plans, improvement plans, paving plans, demolition plans or other plans for site clearing or temporary stockpile of dirt). iv. No development shall impede on the required 35-foot setback of the riparian habitat near the drainage channel along Hill Road.
v. Tree Protection. Unless tree removal has been previously approved, all trees located within 25 feet of any site disturbance shall be protected using the following minimum protection measures (these guidelines shall be included with all site development plans):
• Mark all trees to be saved with a survey flag or ribbon. Do not nail or staple directly to the tree.

City of Morgan Hill
Resolution No. 24-13

• Erect a temporary fence enclosing an area equal to at least the dripline of the tree (or as far from the trunk as possible). This tree protection zone shall not be used for parking, storage of building materials, or other equipment or the placement of temporary or permanent fill. Signs should be posted identifying the restriction of uses in the tree protection zone. • Locate structures, grade changes, and other ground or surface disturbances (e.g. concrete pours) as far as feasible from the “dripline” area of the tree.
• Avoid root damage through grading, trenching, and compaction, at least within an area 1.5 times the dripline area of the tree. Where root damage cannot be avoided, roots encountered over 1 inch in diameter should be exposed approximately 12 inches beyond the area to be disturbed (towards the tree stem), by hand excavation, or with specialized hydraulic or pneumatic equipment, cut cleanly with hand pruners or power saw and immediately back-filled with soil. Avoid tearing or otherwise disturbing that portion of the roots to remain.
• The addition of plants or other landscaping materials shall remain outside of the dripline of all trees.
• All trees proposed to be removed from the project site shall be replaced at a 1:1 ratio. Replacement trees shall be consistent with the City of Morgan Hill Master Street Tree. All replacement trees shall be a minimum of 15- gallons in size. All mitigation/replacement trees shall be shown on the landscape plans and approved by the Development Services Director prior to the issuance of the building/grading permit.
• Any tree subject to Chapter 12.32 Restrictions On Removal Of Significant Trees of the Morgan Hill Municipal Code requires approval from the Planning Division. The applicant shall request approval prior to removing any significant trees.
c. Energy: A project developed under this PD is required to implement the Green Building Measures as identified below.
i. MHMC 15.65 Sustainable building Regulations
ii. MHMC18.72.040 C Electric Vehicle Charging
d. Geology and Soils: To avoid or minimize potential damage from seismic shaking, the proposed residential development shall be built using standard engineering and seismic safety design techniques. Prior to issuance of building permits, building design and construction at the site shall be completed in conformance with the recommendations of a design-level geotechnical investigation, which shall be included in a report to the City. The structural designs for the proposed

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development will account for repeatable horizontal ground accelerations. The report shall be reviewed and approved by the City of Morgan Hill Building Division prior to issuance of a building permit. The buildings shall be required to meet the requirements of applicable Building and Fire Codes, including the California Building Code Chapter 16, Section 1613, as adopted or updated by the City. The project will be designed to withstand soil hazards identified on the site and the project shall be designed to reduce the risk to life or property to the extent feasible and in compliance with the Building Code.
e. As required by the State Water Resources Control Board (SWRCB) Order No. 2022-0057-DWQ, construction activity resulting in a land disturbance of one acre or more of soil, or whose projects are part of a larger common plan of development that in total disturbs more than one (1) acre, are required to obtain coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit No.

CAS000002 for Discharges of Storm Water Associated with Construction Activity (General Permit). To be permitted with the SWRCB under the General Permit, owners must file a complete Notice of Intent (NOI) package and develop a Storm Water Pollution Prevention Plan (SWPPP) Manual in accordance with Section A, B, and C of the General Permit prior to the commencement of soil disturbing activities. A NOI Receipt Letter assigning a Waste Discharger Identification number to the construction site will be issued after the State Water Resource Control Board (SWRCB) receives a complete NOI package (original signed NOI application, vicinity map, and permit fee); copies of the NOI Receipt Letter and SWPPP shall be forwarded for Building and Engineering Division review. The SWPPP shall be made a part of the improvement plans. (SWRCB NPDES General Permit CA000002)
f. Hydrology and Water Quality:
i. For the project’s proposed underground stormwater infiltration systems, the project shall comply with the design criteria included in the City’s Residential Development Design and Development Standards.
ii. The project shall demonstrate compliance with the City’s Flood Control/25-Year Detention Standards and any subsequent amendments to these standards. iii. As required by the SWRCB Order No. 2022-0057-DWQ, construction activity resulting in a land disturbance of one acre or more of soil, or whose projects are part of a larger common plan of development that in total disturbs more than one acre, are required to obtain coverage under the NPDES General Permit No. CAS000002 for Discharges of Storm Water Associated with Construction Activity (General Permit). To be permitted with the SWRCB under the General Permit, owners must file a complete Notice of Intent (NOI) package and develop a Storm Water Pollution Prevention Plan (SWPPP) Manual in accordance with Section A, B, and C of the General Permit prior to the commencement of soil disturbing activities. A NOI Receipt Letter assigning a

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Waste Discharger Identification number to the construction site will be issued after the SWRCB receives a complete NOI package (original signed NOI application, vicinity map, and permit fee); copies of the NOI Receipt Letter and SWPPP shall be forwarded to the Building and Land Development Engineering Divisions review. The SWPPP shall be made a part of the improvement plans. (SWRCB NPDES General Permit CA000002).
iv. The project shall comply with the California Regional Water Quality Control Board Central Coast Region (Region 3) Resolution No. R3-2013-0032 and as documented by the Stormwater Management Guidance Manual for Low Impact Development and Post-Construction Requirements, and any subsequent amendments thereto. A copy of the guidance manual can be obtained through the following link:
https://www.morgan-hill.ca.gov/DocumentCenter/View/12671/Storm-WaterManagement-Guidance-Manual?bidId=. v. Since the project is proposing improvements adjacent to Tennant Creek, the project shall comply with the City’s adopted Santa Clara Valley Water Resource Protection Collaborative’s “Guidelines and Standards for Land Use Near Streams.” A copy of the guidelines and standards can be found at:
https://www.valleywater.org/contractors/doing-businesses-with-thedistrict/permits-for-working-on-district-land-or-easement/guidelines-andstandards-for-land-use-near-streams.

In accordance with the City of Morgan Hill Standard Conditions to reduce construction related water quality impacts the following BMPs shall be implemented during project construction.
i. Burlap bags filled with drain rock will be installed around storm drains to route sediment and other debris away from the drains.
ii. Earthmoving or other dust-producing activities will be suspended during periods of high winds.
iii. All exposed or disturbed soil surfaces will be watered at least twice daily to control dust.
iv. Stockpiles of soil or other materials that can be blown by the wind will be watered or covered.
v. All trucks hauling soil, sand, and other loose materials will be covered and all trucks will be required to maintain at least two feet of freeboard. vi. All paved access roads, parking areas, staging areas and residential streets adjacent to the construction site will be swept daily (with water sweepers). vii. Vegetation in disturbed areas will be replanted as quickly as possible.

7. Sanitary Sewer Capacity Study: The project is required to complete a Sanitary Sewer Capacity Study. The Study will be performed by the City’s sewer master plan consultant. The property owner or designee is responsible for all costs associated

City of Morgan Hill
Resolution No. 24-13

with a study. When it is determined that there is no available capacity in the existing sewer line(s), the City will determine the required mitigations(s) at Design Review stage.

8. Setbacks and Height Standards based on lot type: Refer to Attachment A for the lot standards and restricted heights.

9. PD Master Plan: Development on this site shall be in substantial conformance with the approved stamped plans and attached herein as Attachment B.

RESOLUTION NO. 24-13

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF MORGAN HILL RECOMMENDING

APPROVAL OF A ZONING AMENDMENT FOR A

PLANNED DEVELOPMENT AND ASSOCIATED MASTER
PLAN (ZA2021-0001) FOR A 69.43-ACRE SITE LOCATED

AT THE NORTHEAST QUADRANT OF HILL ROAD AND
BARRETT AVENUE (APN: 817-20-031)
WHEREAS, New Horizons, Hill – Morgan Hill Devco proposes to develop the

69.43-acre property located on the northeast quadrant of Hill Road and Barrett Avenue, identified by Assessor Parcel Number 817-20-031, with 320 new residential lots including a variety of unit types ranging from single-family detached units to multi-family attached units (Zoning Amendment ZA2021-0001); and
WHEREAS, said development proposes establishment of a Planned Development (PD) combining district which requires the approval of a Zoning Map Amendment and the establishment of a PD Master Plan; and
WHEREAS, Section 18.114.040 of the Morgan Hill Municipal Code requires that the Planning Commission make a recommendation to the City Council regarding the Zoning Map Amendment to establish a Planned Development Combining District based on the findings specified in Section 18.114.060; and
WHEREAS, Section 18.30.050H.5 of the Morgan Hill Municipal Code requires that the Planning Commission make a recommendation to the City Council regarding the Planned Development and associated Master Plan based on findings specified in Section

18.303.050.H.7; and
WHEREAS, an Environmental Impact Report (EIR) has been prepared and considered for this project prior to the consideration of the above-referenced applications.

Mitigation measures and a monitoring program will be adopted for those environmental impacts identified in the EIR; and
WHEREAS, such request was considered by the Planning Commission at its regular meeting of September 24,2024; and
WHEREAS, testimony received at a duly-noticed public hearing, along with exhibits and drawings and other materials have been considered in the review process.

NOW, THEREFORE, THE MORGAN HILL PLANNING COMMISSION DOES RESOLVE AS FOLLOWS:

City of Morgan Hill
Resolution No. 24-13

SECTION 1. The proposed amendment is consistent with the General Plan, Zoning Code, and any applicable specific plan or area plan adopted by City Council.

The project complies with the allowed density range for units on the site in accordance with the General Plan. The Planned Development is consistent with but not limited to the following General Plan Policies: Policy CNF 6.4, Policy CNF-6. A, Policy CNF 8.7, Policy CNF 8.11, Policy CNF 9.1, Policy CNF 10.4, Policy CNF10.5, Policy CNF 11.3, Policy CNF 11.5, Policy HC-3.14, Policy NRE-5.5, Policy NRE5.6, and NRE4.11. The Planned Development Standards require new development to meet the Residential Development Design and Development Standards and will be consistent with the intent of the underlying zoning designation.

SECTION 2. The proposed development is superior to the development that could occur under the standards applicable in the existing zoning district.

This PD Master Plan includes a range of unit types and lot sizes while maintaining the allowable density for the land use designation.

SECTION 3. The proposed project will provide a substantial public benefit(s) as defined in the Municipal Code. The public benefit provided shall be of sufficient value as determined by the Planning Commission to justify deviation from the standards of the zoning district that currently applies to the property.

The PD Master Plan provides 4-acres of outdoor common open space which is more then double the requirement for new development per the municipal code. The minimum roadway improvement for the Hill Road and Barrett Avenue intersection is a four-way signalized intersection. As written in the PD standards, the roundabout enhancement to the Hill and Barrett intersection will go above the required minimum improvement.

Therefore, this PD with Master Plan is consistent in providing a substantial public benefit.

SECTION 4. The Site for the proposed development is adequate in size and shape to accommodate proposed land uses.

The PD Master Plan has been reviewed for design, location, shape, size, and uses proposed and has been determined to be suitable and compliant with the vision of residential at this location with the addition of neighborhood parks and trail connectivity.

SECTION 5. Adequate transportation facilities, infrastructure, and public services exist or will be provided to serve the proposed development.

The project is consistent with the policies of the City’s General Plan to improve sidewalk connectivity and expand pedestrian opportunities. The City’s Bikeways, Trails, Parks and

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Resolution No. 24-13

Recreation Master Plan, adopted in July 2017, establishes goals, policies, and actions to facilitate bicycling and designates bicycle lanes along many City streets.

Senate Bill (SB) 743 establishes criteria for determining the significance of transportation impacts using a VMT metric intended to promote the reduction of GHG emissions, the development of multimodal transportation networks, and a diversity of land uses.

Specifically, SB 743 requires analysis of VMT in determining the significance of transportation impacts.

The Morgan Hill citywide average daily VMT per capita is currently 24.64. OPR recommends an impact threshold of 15 percent below the existing VMT levels for residential land uses, which equates to 20.94 VMT per capita. The project is estimated to generate 33.25 VMT daily per capita, which would exceed the City’s impact threshold.

The project would result in a significant VMT impact on the transportation system. The project applicant would need to implement VMT reduction measures to achieve a 37 percent reduction in its VMT per capita for the proposed project to reduce the project’s VMT impact to a less than significant level (below 20.94 VMT daily per capita). However, the maximum reduction possible is anticipated to reduce daily per capita VMT to only

29.55. The project’s VMT per capita could be reduced to 29.55 with the implementation of the Travel Demand Management (TDM) strategies, included as mitigation measures of the EIR and a Statement of Overriding Considerations prepared as part of the Resolution related to the EIR.

SECTION 6. The proposed development will not have a substantial adverse effect on surrounding property and will be compatible with the existing and planned land use characteristics of the surrounding area.

The project is a residential development that provides a variety of housing types ranging from single family detached to multi-family attached housing units on a range of lot sizes.

The proposed PD Master Plan integrates the new residential units with the surrounding residential neighborhoods by completing streets and adequately transitions larger lots to smaller lots. The PD and Master Plan was reviewed by the Development Services Team and Standards required within the document will not have a substantial adverse effect on surrounding property.

SECTION 7. Findings required for the current approval of a zoning Map amendment can be made such as consistency with the General Plan and that the proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

City of Morgan Hill
Resolution No. 24-13

The project is a residential development that provides a variety of housing types ranging from single family detached to multifamily attached housing units on a range of lot sizes. The General Plan envisioned residential uses at this location and the proposed Plan integrates the new residential units with the surrounding residential neighborhoods by completing streets and adequately transitions larger lots to smaller lots.

SECTION 8. The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the permitted land uses and development will comply with the zoning code and General Plan and contribute to the health, safety, and welfare of the property, surrounding properties, and the community at large.

The 69.4-acre site is suitable in design, location, shape, and size to accommodate the uses allowed by the PD Master Plan. The variety of residential uses comply with the allowable density and the PD as written will require compliance with the Residential Development Design and Development Standards. The PD and Master Plan were reviewed by the Development Services Team which includes Building, Fire Prevention, Police, Engineering, Environmental Services, etc. concur that the PD and Master Plan as proposed will not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

SECTION 9. Planning Commission recommends approval of Zoning Amendment application ZA2021-0001: New Horizons (Hill – Morgan Hill Devco) project and the Planned Development Standards and Planned Development Master Plan as described in Exhibit “A” of this Resolution and by this reference incorporated herein.

PASSED AND ADOPTED THIS 24th DAY OF SEPTEMBER 2024, AT A REGULAR MEETING OF THE PLANNING COMMISSION BY THE FOLLOWING VOTE:

AYES: COMMISSIONERS: DOWNEY, LAKE, HABIB, KUMAR,

WILSON, MUELLER
NOES: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: TANDA
ATTEST: APPROVED:
_______________________________
JENNA LUNA, Deputy City Clerk LIAM DOWNEY, Chair

City of Morgan Hill
Resolution No. 24-13

EXHIBIT A
New Horizons Planned Development Standards
ZA2021-0001
This Planned Development (PD) creates an overlay to the base residential detached medium zoning. Where this Ordinance is silent, the Municipal Code, as amended, shall apply. Prior to and/or during development of the approximate 69-acre site the following shall be met.

1. Substantial Public Benefit: A substantial public benefit for the purpose of this PD is defined as a project feature not otherwise required by the zoning code or any other provision of local, state, or federal law that substantially exceeds the City’s minimum development standards and significantly advances goals of the general plan. The project must include one or more substantial public benefits. a. Useable Common Open Space: New residential development is required to provide useable private and common open space with a minimum type of on-site recreational amenities. While the private open space per lot and the on-site recreational amenities are reviewed for conformance prior to Design Permit approval, the common open space required is confirmed now. The master plan provides approximately 4–acres of parkland dispersed through three parks. The total amount of common open space required for the development is 47,585 square feet or 1.09-acres. The common open space provided exceeds the minimum by 2.91-acres. Because the master plan exceeds the minimum required, it qualifies as a substantial public benefit.

Table 1.b. Residential Development Design and Development Standards Useable Common Open Space
SFD
(7,000)
Smaller lot SF Detached
and Attached Total
Proposed Lot Sizes 7,000 5,000
3,000-
3,800
1,80
0 Common Open Space
Project proposed
number of units 64 159 63 34 320
Parkland sq ft required
per unit N/A 200 175 140
Project Requirement 3180
0 11025 4760 47,585sq.ft.

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Resolution No. 24-13

b. Intersection Improvements: Per the Transportation Impact Analysis, development of this site will require Hill Road and Barrett Avenue to be a four-way signalized intersection at minimum, bringing the LOS from an unacceptable level to an acceptable LOS B level. The intersection safety and mobility improves from an LOS B to an LOS A with a roundabout instead of a signal. As a Significant Public Benefit, new development of this site shall require the construction payment for a new roundabout in lieu of a four-way signalized intersection per the Transportation Impact Analysis. If a roundabout is not desired at this location as determined by the City Civil Engineer, the additional funds that would be required to construct a roundabout will go towards supporting a City-sponsored rideshare program such as MOGO, or towards the intersection improvements listed under Section 5 of this PD for Transportation Related Standards.

2. Required Permits before Development:
a. The property owner or designee shall apply for a Design Permit to be reviewed for consistency with the standards of this New Horizons Planned Development and the Residential Development Design and Development Standards. b. A Subdivision Map will be required for the division of land, incorporation of easements, and dedication of land to the City.
c. Project proposal requires review and permits from the Clean Water Act Section 404 permit of the U.S. Army Corps of Engineers, Clean Water Act Section 401 Water Quality Certification and possibly Porter-Cologne Water Quality Control Act waste discharge requirements from the Central Coast Regional Water Quality Control Board.
d. Fish and Game Code Section 16 Streambed Alteration Agreement from the California Department of Fish and Wildlife (CDFW) will be necessary for the proposed project.
e. U.S. Bureau of Reclamation (USBR) and Valley Water permits are required prior to Design Permit approval for proposed work within the USBR easement. f. Approval is required from Valley Water and the City for encroachments within the regulatory floodway of Tennant Creek to demonstrate through hydrologic and hydraulic analyses that the project will not result in any increase in the base flood levels during the occurrence of the base flood discharge pursuant to Chapter 15.80 (Flood Damage Prevention) of the City’s Municipal Code. g. The proposed realignment of a portion of Tennant Creek requires a Conditional Letter of Map Revision (CLOMR) application submitted to the Federal Emergency Management Agency (FEMA) and a CLOMR issued by FEMA prior to Design Permit approval. After project completion and prior to building final(s), the project is required to submit a Letter of Map Revision (LOMR) application to FEMA and obtain LOMR approval from FEMA. If FEMA has suspended initiation of CLOMR and LOMR for this type of process, approval from FEMA is still required.

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Resolution No. 24-13

h. The project may propose to apply to FEMA for a Conditional Letter of Map Revision based on Fill (CLOMR-F) to revise the 100-year floodplain within the site and possibly remove the proposed buildings out of the 100-year floodplain with issuance by FEMA of a LOMR-F. Currently, FEMA has suspended initiation of CLOMR-F and LOMR-F applications. However, it FEMA is creating a separate process for this type of approval, the project may apply. i. Off-Site Improvements Permit(s) with the City Engineering and/or Public Works Department and any associated encroachment permits that may be required. j. Issuance of required Building Permits for the new development including but not limited to a Master Plan, Grading etc.
k. Proposed development within this Master Plan Area is required to comply with the Morgan Hill Municipal Code specifically but not limited to the following: MHMC

15.65 Sustainable building Regulations, MHMC 18.72.040 Electric Vehicle Charging , MHMC 15.40 building Security and MHMC 15.38 Wage Theft Prevention.

3. Inclusionary Housing Ordinance Compliance (IHO): New development of the project site shall be in compliance with the IHO as amended. The IHO requires 15% of the total units proposed to be restricted to Below Market Rate (BMR) units. The Planned Development proposal for 320 units will require 48 units to be BMR units.

BMR units are required to be equally dispersed throughout each product type and accessory dwelling units do not count towards the required number of BMR units.

Review and enforcement of the IHO will be completed during the Design Permit and Subdivision Map process. All standards within the IHO apply including but not limited to the following:
a. Units must be geographically and proportionally disbursed. b. Units must be in all building types.
c. Units shall be dispersed among the product types, proportionate in number among each of the product types that comprise the development. d. Units must consist of the project’s average bedroom and bathroom count. e. Units shall not have significant identifiable differences. f. The size of the units, and distribution of model types shall be comparable and proportionate to the entire project’s makeup.

For a 320 unit development 48 units are required to be income-restricted BMR units.

The number of units in each product type are as follows:
• 223 Traditional SF represents 69.68% of the total project, therefore 69.68% of the required 48 BMRs is 33.44 which rounds to 34 BMR units. • 42 Courtyard homes represent 13.12% of the total project, therefore 13.12% of the required 48 BMRs is 6 BMR units.
• 21 Senior cottages represent 6.56% of the total project, therefore 6.5% of the required 48 BMRs is rounded to 3 BMR units.

City of Morgan Hill
Resolution No. 24-13

• 34 Senior single-family attached represents 10.62%, therefore 10.62% of the required 48 BMRs is 5 BMR units.

Unit Type Number of Project Units BMR Unit Requirement
Single Family (223)
Courtyard Homes (42)
Senior Cottages (21)
Senior SFA (34)
320 48
Single Family 223 34
Courtyard Homes 42 6
Senior Cottages 21 3
Senior Single Family
Attached
34 5
The IHO allows for projects to pay an in-lieu fee or “fee out” up to 50% of the inclusionary obligation. The project is proposing a 100% in-lieu fee option as part of the approval of this PD. This section of the PD allows the applicant to either build or pay out with the in-lieu fee option and shall be formalized in the IHO agreement.

The IHO agreement will outline the projects compliance based on the approval of this PD and will be required to be prepared, approved, and recorded prior to Final Map recordation.

4. Public Park and Trail Improvements: Per the Quimby Parkland requirements, a minimum of 4.83 acres of parkland area is required to be constructed or an in-lieu fee paid. This PD Master Plan is dedicating 1.76 acres of land to Jackson Park. The new Jackson Park area will include onsite improvements that will be reviewed by the Parks and Recreation Commission and approved by City Council. The General Plan identifies a proposed shared use (pedestrian and bicycle) class 1 path from Jackson Park to Hill Road that connects to the existing trail system. The PD Master Plan identifies a public trail from Jackson Park to Hill Road that shall be constructed as a Class 1 shared use path.
a. A Subdivision Improvements Agreement (SIA) shall be executed between the City and the property owner or designee to cover required offsite improvements. b. Dedication of __1.76 _ acres of land to Jackson Park as shown on Parcel A and C.
c. Prior to final design of public park improvements, review and approval is required by Parks and Recreation Commission and City Council.
d. Improvements for existing features on City property will continue to be maintained by City.
e. In general, storm water detention solutions for projects need to be satisfied entirely on the project site. If a dual use storm water detention basin located on both City property and the proposed dedicated park area property is supported, it is required

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Resolution No. 24-13

to be constructed by property owner or designee. Maintenance of new detention basin to be the responsibility of the HOA unless otherwise proven needed to resolve overflow runoff from Jackson Park. If City approves the dual use storm water detention basin, a private storm water easement will be granted by the City to the property owner or designee of the system.
f. The public trail connection to existing Jackson Park and trail network will be constructed by the property owner or designee.
g. A public access easement will be required over the trail located outside City Property, and shall be shown on the Tentative Map and dedicated to the City prior to final map approval. A Community Facilities District (CFD) shall be formed to cover the maintenance cost of the trail. If a CFD is not formed, the trail maintenance shall be the responsibility of the HOA. The landscaping adjacent to the trail area shall be maintained by the HOA.
h. The property owner or designee shall pay for and install an interpretive panel along the proposed pedestrian trail. The interpretive panel shall be reviewed and approved by Tamien Nation.
i. Water features including ponds will be reviewed for consistency with the Water Conservation Ordinance prior to design permit approval.

5. Transportation Related Standards: Based on the City’s operating standards the proposed development within this PD would have an adverse effect on the following intersections and will require improvements and fair share in lieu fees as follows. a. Condit Road and Main Avenue - The project shall contribute a proportional fair share of the in-lieu cost for future implementation of an exclusive southbound rightturn on Condit Road, required signal modifications, and lane striping on the southbound approach.
b. Condit Road and Tennant Avenue – The project shall contribute a proportional fair share of the in-lieu cost for future implementation of a traffic signal at the Condit Road and Tennant Avenue intersection.
c. Murphy Avenue and Tennant Avenue – The project shall contribute a proportional fair share of the in-lieu cost for future implementation of a traffic signal with protected phasing on all four approaches at the Murphy Avenue and Tennant Avenue intersection. The in-lieu cost shall be determined by the City prior to approval of tentative map and/or design permit.
d. Hill Road and Fountian Oaks Drive – The project shall implement a separate westbound left-turn lane on Fountian Oaks Drive. The property owner or designee shall be required to cover the full cost of this improvement. e. Hill Road and Barrett Avenue – If the Substantial Public Benefit roundabout at this intersection is not chosen by our City Public Works Department, the project shall implement a four-way traffic signal with protected phasing on Hill Road and Barrett Avenue at a minimum.

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f. Condit Road and Diana Avenue – The project shall contribute the proportional share of in-lieu cost for future implementation of a traffic signal with protected phasing on Condit Road. In-lieu cost shall be determined by the City prior to the approval of tentative map and or design permit.
g. New development shall provide adequate width and turn-radii at and along all drive/parking aisles to allow for two-way circulation and adequate circulation of larger vehicles (such as emergency trucks, garbage trucks, and delivery trucks) throughout the project site.
h. Improvements along the project frontage including the recommended widening of Hill Road shall be planned to accommodate the implementation of the planned bike lanes along Hill Road.

Noise Related Standards: The following noise insulation features shall be incorporated into the proposed project to reduce interior noise levels to 45 dBA Ldn or less at residential interiors:
a. Where project design and setbacks cannot achieve acceptable noise decibels for outdoor private open space, the project shall include noise barriers along the residential property lines of the backyards and side yards consistent with the noise study and confirmed by a qualified noise consultant. The noise barriers shall break the line-of-sight from the backyards to Hill Road. The minimum height of these barriers shall be eight feet as measured from the pad elevation of each residence.

The proposed barriers shall be continuous from grade to top, with no cracks or gaps, and have a minimum surface density of three lbs/ft2(e.g., one-inch-thick wood fence boards, half-inch laminated glass, concrete masonry units, or masonry).
b. The final design of the noise barriers to be included shall be confirmed by a qualified noise consultant.
c. Provide a suitable form of forced-air mechanical ventilation, as determined by the Building Official, for all residential units on the project site, so that windows can be kept closed at the occupant’s discretion to control interior noise and achieve the interior noise standards.
d. A qualified acoustical consultant shall review the final site plan, building elevations, and floor plans prior to construction and recommend building treatments to reduce interior noise levels to 45 dBA Ldn or lower. Such methods or materials that would reduce interior noise levels may include a combination of smaller window and door sizes as a percentage of the total building façade facing the noise source, soundrated windows and doors, sound rated exterior wall assemblies, and mechanical ventilation so windows may be kept closed at the occupant’s discretion. The specific determination of what noise insulation treatments are necessary shall be conducted on a unit-by-unit basis during final design of the project. Results of the analysis, including the description of the necessary noise control treatments, shall

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Resolution No. 24-13

be submitted to the City, along with the building plans and approved design, prior to issuance of a building permit.
e. The project applicant shall develop a noise construction control plan, which shall be submitted to the Development Services Director or Director’s designee for review and approval prior to issuance of a grading or building permit. The noise construction control plan shall include but not be limited to the following construction best management controls:
• Equipment and trucks used for construction shall use the best available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds);
• Impact tools (e.g., jackhammers, pavement breakers, and rock drills) used for construction shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools; and
• Stationary noise sources shall be located as far from noise-sensitive receptors as possible, and they shall be muffled and enclosed within temporary sheds, incorporate insulation barriers, or include other measures. • Construct temporary noise barriers, where feasible, to screen stationary noisegenerating equipment. Temporary noise barrier fences would provide a five dBA noise reduction when the noise barrier interrupts the line-of-sight between the noise source and receptor and when the barrier is constructed in a manner that eliminates any cracks or gaps.
• Unnecessary idling of internal combustion engines shall be strictly prohibited. • Construction staging areas shall be established at locations that will create the greatest distance between the construction-related noise sources and noisesensitive receptors nearest the project site during all project construction. Locate material stockpiles, as well as maintenance/equipment staging and parking areas, as far as feasible from residential receptors.
• Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project site. • Where feasible, temporary power service from local utility companies should be used instead of portable generators.
• Locate cranes as far from noise-sensitive receptors as possible. • During final grading, substitute graders for bulldozers, where feasible. Wheeled heavy equipment are quieter than track equipment and should be used where feasible.
• Substitute nail guns for manual hammering, where feasible. • Avoid the use of circular saws, miter/chop saws, and radial arm saws near the adjoining noise-sensitive receptors. Where feasible, shield saws with a solid screen with material having a minimum surface density of two pounds per square foot (e.g., such as 0.75-inch plywood). • Maintain smooth vehicle pathways for

City of Morgan Hill
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trucks and equipment accessing the site, and avoid local residential neighborhoods as much as possible.
• During interior construction, the exterior windows facing noise-sensitive receptors shall be closed.
• During interior construction, locate noise-generating equipment within the building to break the line-of-sight to the adjoining receptors. • The contractor shall prepare a detailed construction schedule for major noisegenerating construction activities. The construction plan shall identify a procedure for coordination with adjacent residential land uses so that construction activities can be scheduled to minimize noise disturbance.
• Designate a "disturbance coordinator" who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors regarding the construction schedule.

6. Environmental Standards Required for New Development: The adopted Environmental Impact Report prepared for this New Horizons Planned Development (SCH No. 2021060587) includes Mitigation Measures that shall be implemented as conditions of approval to the Design Permit and Tentative Map for the project. In addition to the Mitigation Measures listed within the Project Environmental Impact Report, the following standard conditions shall apply and be completed prior to or during construction as depicted by each standard.
a. Air Quality: The following standards shall be implemented during all phases of construction to control dust and exhaust at the project site:
i. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. ii. All haul trucks transporting sial, sand or other loose material off-site shall be covered.
iii. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
iv. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). v. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
vi. Replant vegetation in disturbed areas as soon as possible after completion of construction.
vii. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California

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Resolution No. 24-13

airborne toxics control measure Title 13, Section 2485 of the California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.
viii. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
ix. Post a publicly visible sign with the telephone number and person to contact at the City regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. b. Biological Resources: The proposed project that could be developed as part of this Planned Development is covered under the Habitat Plan and will be required to comply with the following:
i. The project shall implement the following standard permit condition to ensure compliance with the Habitat Plan’s nitrogen deposition fee(s). The proposed project is covered pursuant to the Santa Clara Valley Habitat Plan (Habitat Plan) and subject to fees and conditions contained in the Habitat Plan. Habitat Plan conditions applicable to the project include:
• Condition 1. Avoid direct impacts on legally protected plan and wildlife species.
• Condition 3. Maintain hydrologic conditions and protect water quality. • Condition 4. Avoidance and minimization for in-stream projects. • Condition 11. Stream and riparian setbacks.
• Condition 17. Tricolored blackbird.
ii. Application Package. Prior to issuance of a grading permit, the project shall complete and submit a Habitat Plan Application Package. All fees shall be paid prior to issuance of a grading permit.
iii. Any additional conditions or mitigations required by the habitat Plan shall be clearly stated on all plans that involve any ground disturbing activity (i.e., grading plans, improvement plans, paving plans, demolition plans or other plans for site clearing or temporary stockpile of dirt). iv. No development shall impede on the required 35-foot setback of the riparian habitat near the drainage channel along Hill Road.
v. Tree Protection. Unless tree removal has been previously approved, all trees located within 25 feet of any site disturbance shall be protected using the following minimum protection measures (these guidelines shall be included with all site development plans):
• Mark all trees to be saved with a survey flag or ribbon. Do not nail or staple directly to the tree.

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• Erect a temporary fence enclosing an area equal to at least the dripline of the tree (or as far from the trunk as possible). This tree protection zone shall not be used for parking, storage of building materials, or other equipment or the placement of temporary or permanent fill. Signs should be posted identifying the restriction of uses in the tree protection zone. • Locate structures, grade changes, and other ground or surface disturbances (e.g. concrete pours) as far as feasible from the “dripline” area of the tree.
• Avoid root damage through grading, trenching, and compaction, at least within an area 1.5 times the dripline area of the tree. Where root damage cannot be avoided, roots encountered over 1 inch in diameter should be exposed approximately 12 inches beyond the area to be disturbed (towards the tree stem), by hand excavation, or with specialized hydraulic or pneumatic equipment, cut cleanly with hand pruners or power saw and immediately back-filled with soil. Avoid tearing or otherwise disturbing that portion of the roots to remain.
• The addition of plants or other landscaping materials shall remain outside of the dripline of all trees.
• All trees proposed to be removed from the project site shall be replaced at a 1:1 ratio. Replacement trees shall be consistent with the City of Morgan Hill Master Street Tree. All replacement trees shall be a minimum of 15- gallons in size. All mitigation/replacement trees shall be shown on the landscape plans and approved by the Development Services Director prior to the issuance of the building/grading permit.
• Any tree subject to Chapter 12.32 Restrictions On Removal Of Significant Trees of the Morgan Hill Municipal Code requires approval from the Planning Division. The applicant shall request approval prior to removing any significant trees.
c. Energy: A project developed under this PD is required to implement the Green Building Measures as identified below.
i. MHMC 15.65 Sustainable building Regulations
ii. MHMC18.72.040 C Electric Vehicle Charging
d. Geology and Soils: To avoid or minimize potential damage from seismic shaking, the proposed residential development shall be built using standard engineering and seismic safety design techniques. Prior to issuance of building permits, building design and construction at the site shall be completed in conformance with the recommendations of a design-level geotechnical investigation, which shall be included in a report to the City. The structural designs for the proposed

City of Morgan Hill
Resolution No. 24-13

development will account for repeatable horizontal ground accelerations. The report shall be reviewed and approved by the City of Morgan Hill Building Division prior to issuance of a building permit. The buildings shall be required to meet the requirements of applicable Building and Fire Codes, including the California Building Code Chapter 16, Section 1613, as adopted or updated by the City. The project will be designed to withstand soil hazards identified on the site and the project shall be designed to reduce the risk to life or property to the extent feasible and in compliance with the Building Code.
e. As required by the State Water Resources Control Board (SWRCB) Order No. 2022-0057-DWQ, construction activity resulting in a land disturbance of one acre or more of soil, or whose projects are part of a larger common plan of development that in total disturbs more than one (1) acre, are required to obtain coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit No.

CAS000002 for Discharges of Storm Water Associated with Construction Activity (General Permit). To be permitted with the SWRCB under the General Permit, owners must file a complete Notice of Intent (NOI) package and develop a Storm Water Pollution Prevention Plan (SWPPP) Manual in accordance with Section A, B, and C of the General Permit prior to the commencement of soil disturbing activities. A NOI Receipt Letter assigning a Waste Discharger Identification number to the construction site will be issued after the State Water Resource Control Board (SWRCB) receives a complete NOI package (original signed NOI application, vicinity map, and permit fee); copies of the NOI Receipt Letter and SWPPP shall be forwarded for Building and Engineering Division review. The SWPPP shall be made a part of the improvement plans. (SWRCB NPDES General Permit CA000002)
f. Hydrology and Water Quality:
i. For the project’s proposed underground stormwater infiltration systems, the project shall comply with the design criteria included in the City’s Residential Development Design and Development Standards.
ii. The project shall demonstrate compliance with the City’s Flood Control/25-Year Detention Standards and any subsequent amendments to these standards. iii. As required by the SWRCB Order No. 2022-0057-DWQ, construction activity resulting in a land disturbance of one acre or more of soil, or whose projects are part of a larger common plan of development that in total disturbs more than one acre, are required to obtain coverage under the NPDES General Permit No. CAS000002 for Discharges of Storm Water Associated with Construction Activity (General Permit). To be permitted with the SWRCB under the General Permit, owners must file a complete Notice of Intent (NOI) package and develop a Storm Water Pollution Prevention Plan (SWPPP) Manual in accordance with Section A, B, and C of the General Permit prior to the commencement of soil disturbing activities. A NOI Receipt Letter assigning a

City of Morgan Hill
Resolution No. 24-13

Waste Discharger Identification number to the construction site will be issued after the SWRCB receives a complete NOI package (original signed NOI application, vicinity map, and permit fee); copies of the NOI Receipt Letter and SWPPP shall be forwarded to the Building and Land Development Engineering Divisions review. The SWPPP shall be made a part of the improvement plans. (SWRCB NPDES General Permit CA000002).
iv. The project shall comply with the California Regional Water Quality Control Board Central Coast Region (Region 3) Resolution No. R3-2013-0032 and as documented by the Stormwater Management Guidance Manual for Low Impact Development and Post-Construction Requirements, and any subsequent amendments thereto. A copy of the guidance manual can be obtained through the following link:
https://www.morgan-hill.ca.gov/DocumentCenter/View/12671/Storm-WaterManagement-Guidance-Manual?bidId=. v. Since the project is proposing improvements adjacent to Tennant Creek, the project shall comply with the City’s adopted Santa Clara Valley Water Resource Protection Collaborative’s “Guidelines and Standards for Land Use Near Streams.” A copy of the guidelines and standards can be found at:
https://www.valleywater.org/contractors/doing-businesses-with-thedistrict/permits-for-working-on-district-land-or-easement/guidelines-andstandards-for-land-use-near-streams.

In accordance with the City of Morgan Hill Standard Conditions to reduce construction related water quality impacts the following BMPs shall be implemented during project construction.
i. Burlap bags filled with drain rock will be installed around storm drains to route sediment and other debris away from the drains.
ii. Earthmoving or other dust-producing activities will be suspended during periods of high winds.
iii. All exposed or disturbed soil surfaces will be watered at least twice daily to control dust.
iv. Stockpiles of soil or other materials that can be blown by the wind will be watered or covered.
v. All trucks hauling soil, sand, and other loose materials will be covered and all trucks will be required to maintain at least two feet of freeboard. vi. All paved access roads, parking areas, staging areas and residential streets adjacent to the construction site will be swept daily (with water sweepers). vii. Vegetation in disturbed areas will be replanted as quickly as possible.

7. Sanitary Sewer Capacity Study: The project is required to complete a Sanitary Sewer Capacity Study. The Study will be performed by the City’s sewer master plan consultant. The property owner or designee is responsible for all costs associated

City of Morgan Hill
Resolution No. 24-13

with a study. When it is determined that there is no available capacity in the existing sewer line(s), the City will determine the required mitigations(s) at Design Review stage.

8. Setbacks and Height Standards based on lot type: Refer to Attachment A for the lot standards and restricted heights.

9. PD Master Plan: Development on this site shall be in substantial conformance with the approved stamped plans and attached herein as Attachment B.

Resolution No. 12-13 New Horizons PD with
Exhibit A Ready For Signatures
Final Audit Report 2024-11-05
Created: 2024-11-05
By: Jenna Luna ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAMaApxisFVS3Y_H_84DPaSKDFaZ_Ed6bn "Resolution No. 12-13 New Horizons PD with Exhibit A Ready F or Signatures" History
Document created by Jenna Luna ([email protected]) 2024-11-05 - 10:30:05 PM GMT
Document emailed to [email protected] for signature 2024-11-05 - 10:35:24 PM GMT
Email viewed by [email protected]
2024-11-05 - 10:41:55 PM GMT
Signer [email protected] entered name at signing as Liam Downey 2024-11-05 - 10:42:46 PM GMT
Document e-signed by Liam Downey ([email protected]) Signature Date: 2024-11-05 - 10:42:48 PM GMT - Time Source: server Agreement completed.
2024-11-05 - 10:42:48 PM GMT

New Horizons Hill – Morgan Hill Devco
Planned Development
ZA2021-0001/EA2018-0016
Agenda Item #: 17
November 20, 2024

Project Site and Location
1 Hill Road
Barrett Road

2 Project Proposal
Zoning Amendment for
Planned Development

69.4-Acre Site
320 Residential Units
Lot Size
Number of
Lots
7,000 sq ft or more 64
5,000 sq ft or more 159
3,000 - 3,800 sq ft 63
1,800 sq ft or more 34
Unit Type
Number of
Units
Single-Family Detached 223
Court-Style House 42
Cottage (Age Restricted) 21
Duet (Age Restricted) 34

Purpose: Promote high-quality development that
deviates from standards and regulations
applicable to base zoning districts.

Substantial Public Benefit: A project feature not
otherwise required by the zoning code or any
other provision of local, state, or federal law that
substantially exceeds the city's minimum
development standards and significantly
advances the goals of the general plan.
3 Planned Development

4 Planned Development Site Plan

Planned Development Standards
5

6 Park and Open Space

1. Open Space:
• Required:1.09 acres
• Provided: 4 acres

2. Intersection Improvements to Hill-Barrett:
• Required: Four Way Signal (LOS B)
• Requested: Roundabout = (LOS A) or funding
for other transportation improvements
Substantial Public Benefit
7

• Signal or round-about at Hill and Barrett
intersection
• Hill Road widening for westbound left-turn
lane onto Fountain Oaks Drive and new
sidewalk and bicycle path
• Traffic Circle at Barrett’s entrance into the
new community
• Completion of Sorrel Way and connection to
Fountain Avenue
• Four-way stop sign or traffic circle at Fountain
Oaks Drive and Sorrel Way
Street and Circulation Improvements
8

The project will be required to contribute a proportional fair share of transportation improvements for the area, including:

Signals for the following intersections:
a) Condit Road and Tennant Avenue
b) Murphy Avenue and Tennant Avenue
c) Condit Road and Diana Avenue
Condit Road and Main Avenue - Contribute a proportional fair share cost for future implementation of an exclusive
southbound right-turn on Condit Road, required signal
modifications, and lane striping on the southbound approach Hill Road and Fountain Oaks Drive – Construct and pay for a separate westbound left-turn lane on Fountain Oaks Drive Transportation Impact Fees
9

Inclusionary Housing Ordinance
The Inclusionary Housing Ordinance (IHO) requires
development to provide 15% of homes at affordable
prices.

Ordinance allows developments to pay in-lieu fee for
up to 50% of the Below Market Rate (BMR)
obligation.

IHO Development Standards require BMR units to be
geographically and proportionately distributed, meeting the project’s average bedroom/bathroom count and be of
the same quality.

IHO Requirement Comparison
Unit Type # Units Per
Type
Floor Plan
Type sq.ft
BMR
Requirement
Courtyard Homes 42 1,642 (15) 2
2,043 (27) 4
Senior Cottages 21 2,081* (16) 2
2,272* (5) 1
Senior Single Family
Attached 34
682 (8) 1
1,144 (26) 4
Single Family Detached 223
1,898 (26) 4
2,311 (28) 4
2,435* (23) 4
2,537 (49) 7
2,588 (18) 3
2,787 (16) 2
3,258 (63) 10
Total 320 750,451 48
* Includes ADU

IHO Recommendation:

Obligation: 48 BMR Units or In-Lieu Fee
Project: 320 Units
Total Livable Square Footage: 750,451
2024 IHO Fee Rate: $23.04
Recommendation: 100% In Lieu Payment: $17,290,391*
Fee Calculation: 750,451 SF x $23.04 = $17,290,391
*Fees increase annually to account for inflation

Notice of Preparation – circulated June 25, 2021 for a 30- day public comment period
Public Scoping Meeting – held July 13, 2021 via Zoom
Tribal Consultation – held in Summer and fall of 2021
(AB52 and SB18)
Draft EIR – circulated November 3rd 2023 for a 60-day
pubic comment period
Community Open House – held December 4, 2023 in
person
Final EIR – posted August 27, 2024 on project page
Environmental Impact Report
13

Agricultural Impact: Conversion of 44-acres of Prime
Farmland and 5-acres of Farmland of state-wide importance. - MM AG-1.1: Minimum one acre of agriculture preserved
for each acre of land converted to non-agriculture through a conservation easement or agricultural preservation inlieu fee - MM AG-1.2:Offsetting acquisition and/or dedication of agricultural conservation easement over agricultural
mitigated land or in-lieu fee
Finding: Consistent with the City’s Agricultural Preservation Program and Agricultural Mitigation Ordinance.

Significant Unavoidable Impact
14

Transportation Impact: Project will generate 33.25 VMT daily per capita. City base VMT is 24.64 daily per capita. No feasible way to reduce to reach the city base VMT
- TRN-1.1: implement a Transportation Demand
Management plan. Plan to include financial contribution to City’s on-site demand rideshare services and improvement pedestrian network by including sidewalks allowing
connections to adjacent properties.
• Financial contribution to the City on-site demand
rideshare service (MoGo) as a one-time or annual
financial contribution
Finding: The project design for pedestrian and bicyclist connectivity, including contribution to rideshare services find the unavoidable impact acceptable when weighed against the overriding social and economic considerations per CEQA.

Significant Unavoidable Impact
15

16 General Plan & Municipal Code
The Standards included within the Planned
Development (PD) require IHO consistency and
would make the project consistent with Zoning
Ordinance findings for a PD.

1. Open/close public hearing;

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

3. Waive the first and second reading of the Ordinance
for a Zoning Amendment to create a Planned
Development with Standards and Master Plan; and

4. Introduce an Ordinance for a Zoning Amendment to
create a Planned Development with Standards and
Master Plan
17 Recommendation

Questions?
18

18 CITY COUNCIL STAFF REPORT
MEETING DATE: November 20, 2024
PREPARED BY:

Adam Paszkowski, Principal Planner
APPROVED BY: City Manager
INTRODUCE ORDINANCE (ZA2024-0003) ESTABLISHING CHAPTER

18.78 (STANDARDS FOR PUBLIC ARTS) WITHIN TITLE 18 (ZONING)

OF THE MUNICIPAL CODE OF THE CITY OF MORGAN HILL

IMPLEMENTING THE REQUIREMENT OF PUBLIC ART IN NEW LAND

DEVELOPMENT PROJECTS

RECOMMENDATION(S)

1. Open/close the public hearing;

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

3. Introduce Ordinance.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Supporting our Youth, Seniors, and Entire Community
Fostering a Positive Organizational Culture
Preserving and Cultivating Public Trust
Preserving our Community History
Enhancing Diversity and Inclusiveness
2024-2025 Strategic Priorities
Community Engagement
Economic Development and Tourism
Guiding Documents
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

Chapter 18.78 (Standards for Public Arts) is proposed within Title 18 (Zoning) of the Municipal Code to implement the requirement of public art in new land development projects.

Public art, or a public art in-lieu fee, is proposed to be applied to new residential projects of 20 housing units or more, nonresidential projects of 5,000 square feet or larger, and

18 new public buildings, facilities, and city parks. The public art rate is proposed at 1% of the project’s total construction valuation for commercial, industrial, moderate-income and above moderate-income residential, and municipal development projects; and 0.5% of the project’s total construction valuation for non-profit organizations and lower-income affordable housing development projects. It is noted that any housing project that complies with the City's Inclusionary Housing Ordinance, by providing affordable units on-site, will be entitled to a waiver and may request to not comply with the public art ordinance. The requirement to include public art, or pay the in-lieu fee, may be a disincentive to developers who might otherwise fee out of the Inclusionary Housing Ordinance by constructing the below market-rate units, thereby reducing the City's affordable housing funds available for non-profit housing projects.

Applicable projects shall incorporate public art on-site of equal value of 1% (or 0.5% of the total project’s construction valuation for certain projects) or provide the City with an in-lieu payment of equal value during the building permit process with a maximum required in-lieu fee contribution of one million dollars ($1,000,000). If the project chooses to incorporate public art, the installations shall be in locations visible to and accessible by the public. Public art installations include sculptures, murals, installations, public art gardens, interactive art pieces, performance spaces (including indoor or outdoor stages and amphitheaters), etc.

While performance arts was originally considered an eligible use of public art in-lieu fees in the Public Art Framework presented to the City Council on October 23, 2024, the proposed ordinance does not include performance arts. In-lieu fee funds from private developers have to be used for permanent public art. While city-generated public art funds can be used for performance art, the funds generated would not be substantial enough to generate the type of funding needed to support the performing arts. However, the proposed Public Art Ordinance does recommend allowing performance spaces, including indoor or outdoor stages and amphitheaters, to be allowed as an on-site private artwork installation.

Improvements that are proposed to be exempt from public art include building renovations or additions as well as Public Works Capital Improvement Projects such as streets, water, sewer, trails, bike lanes, and media, and Capital Improvement Projects (CIP) such as building/facility renovations or expansions, streets and roads, medians, trails, bike lanes, landscaping, storm drainage facilities, wastewater facilities, and water facilities. Only new City facilities and parks would be applicable to the Public Art Framework. However, the City Council may exempt municipal projects on a case-bycase basis.

The approval process for City commissioned public art would remain as it is today with the review of the Library, Culture, and Art Commission (LCAC) and final approval by the City Council. Private art installations will be reviewed by the Planning Division during the project's design review process and will also be reviewed by LCAC. Projects that choose to pay the in-lieu fee would be required to pay the fee prior to issuance of the first building permit, which will be placed within the existing Public Art Fund managed by the Public Services Department. Funds would be used for the procurement of new art

18 installations, preventative care, acquisition and improvement of real property for the purpose of displaying artwork, costs for administering the public art program, and structures that display the artwork.

The proposed Ordinance, establishing standards for public art, is consistent with the General Plan as the adoption of the ordinance will implement the following City of Morgan Hill 2035 General Plan policies and actions:

Policy CNF-8.17 Public Art. Encourage installation of public art in new and renovated non-residential projects.

Action CNF-8.C Public Art. Develop a plan and standards to encourage the inclusion of public art in new and renovated non-residential projects.

Policy ED-4.7 Public Art at Key Destinations. Prioritize public art in key destination areas like Downtown.

Policy ED-4.8 Public Art in the Planning Process. Integrate public art into the planning process for significant non-residential development projects.

Policy HC-4.3 Cultural Awareness. Promote awareness of and celebrate Morgan Hill’s diverse cultures through events, festivals, leadership on public boards and commissions, staff training, and public art installations.

Policy HC-4.6 Placemaking. Use public art and interpretive plaques to designate special and unique areas of the City, including the downtown, areas of historic and cultural significance, and community gathering places.

Policy HC-4.8 Civic Arts. Partner with local artists and art organizations to engage residents creatively in addressing community issues.

Action HC-4.A Public Art Program. Study whether to require public art as part of new development and/or new City parks.

Complete details of the proposed amendments are provided in the draft Ordinance (Attachment 1) and in the Planning Commission staff report. If the proposed Ordinance is approved, the Code Amendment becomes effective 30 days following the adoption of the Ordinance by the City Council. Pursuant to Section 18.114.060 (Findings for Approval), the City Council may approve a zoning code amendment if all of the following findings are made:

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

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

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

The proposed amendments are consistent with the above findings as they implement the City of Morgan Hill General Plan to integrate public art into the planning process for new development.

PLANNING COMMISSION ACTION:

The Planning Commission reviewed the proposed amendments on November 12, 2024.

18 Following discussion, the Planning Commission approved Resolution No. 24-15 on a 4- 2 vote recommending the City Council approve the proposed Amendments as presented by staff. During the discussion, the Planning Commission expressed the following concerns:
• Additional costs (percentage and maximum caps) for public art that will be required for new development and the potential negative effect it could have on Economic Development;
• A waiver may be used to waive the public art contribution requirement under the Density Bonus Law (Government Code Sections 65915 through 65918) for residential projects that include affordable components by meeting the City's Inclusionary Housing Ordinance;
• Valuation for on-site public art may be inflated by the developer; and • Overall process concerns implementing the Ordinance, including reviewing the budget for proposed on-site artwork and future maintenance of artwork.

COMMUNITY ENGAGEMENT:

Inform
A 10-day public hearing notice was published in the Friday, November 8, 2024, edition of the Morgan Hill Times pursuant to Government Code Sections 65090-65096. On November 12, 2024, the Planning Commission held a public hearing regarding the proposed ordinance amendments in which a 10-day public hearing notice was published in the Friday, November 1, 2024, edition of the Morgan Hill Times.

Staff also held a Public Art Conversation on October 14, 2024, to explore how to curate the future of arts and culture in Morgan Hill, where more than 140 residents attended and provided feedback on public art and a public art framework. Staff received overwhelming support from attendees for a public art policy, consisting of assessing a public art fee on new construction, primarily for commercial and industrial development projects, with some support of assessing a public art fee towards market rate housing projects. A majority of the attendees indicated that the fee should apply to commercial and industrial projects that are 20,000 square feet in size or more and housing developments greater than 40 dwelling units. As part of the conversation, staff also gathered feedback from attendees indicating what types of public art they would like to see (in which there was equal support for architecture, music, paintings/murals, sculptures, and theater) and the locations they would want to see installations (in which there was equal support for installations at the City gateways/entrances, parks, public buildings, downtown, and freeway facing).

ALTERNATIVE ACTIONS:

If the City Council does not take action on the proposed ordinance, the Municipal Code will remain as-is, and certain programs/actions within the 2035 General Plan will not be implemented. The Council may also make modifications to the proposed amendments, or not approve certain sections that the Council deems appropriate.

18 PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

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

On October 23, 2024, the City Council held a public meeting to discuss the Public Art Framework and directed staff to draft a Public Art Ordinance.

On November 12, 2024, the Planning Commission considered and recommended, on a 4-2 vote, the City Council approve the proposed draft Ordinance (Attachment 1).

FISCAL AND RESOURCE IMPACT:

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

CEQA (California Environmental Quality Act):

This ordinance, establishing standards for public art, is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. The proposed ordinance is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The creation of standards for public art does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment.

ORDINANCE NO. , NEW SERIES

AN ORDINANCE OF THE CITY OF MORGAN HILL
ESTABLISHING CHAPTER 18.78 (STANDARDS FOR
PUBLIC ARTS) WITHIN TITLE 18 (ZONING) OF THE

MUNICIPAL CODE OF THE CITY OF MORGAN HILL

IMPLEMENTING THE REQUIREMENT OF PUBLIC ART

IN NEW LAND DEVELOPMENT PROJECTS

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

Section 1. Chapter 18.78 (Standards for Public Arts) of Title 18 (Zoning) is hereby established to read as follows:

18.78.010 – Purpose
The City Council finds and declares:

A. Public art contributes to the public's understanding, enjoyment and experience of cultural diversity, while helping to create and maintain a large and diverse community that will enrich the City’s cultural identity and economic vitality.

B. The incorporation of public art into private and public development will create a unique sense of community as well as public identity and enhance the visual and aesthetic quality of such developments.

C. The incorporation of public art in private and public development contributes to civic enhancement through creation of a more desirable community, which is in the public interest for those living and working in the City of Morgan Hill.

D. The provision of public art supports and implements General Plan policies to support publicly accessible artwork to enhance the social, cultural, historic, and artistic character of the community and ensure high quality architectural and artistic design in all new developments.

E. Cultural and artistic assets should be included in private development projects because those projects diminish the availability of the community's resources for those cultural and artistic features, and because it is important that those projects contribute to the urbanization of private property in a manner that benefits the public.

F. Cultural and artistic resources foster economic development and tourism, revitalize urban areas, and create a more desirable community within which to live and work.

18.78.020 – Applicability and Exemptions
A. Applicability. This chapter applies to all new residential building developments of 20 housing units or more; nonresidential development projects of 5,000 square feet or more; and new public buildings and new city parks.

City of Morgan Hill
Ordinance No. XXXX, New Series

B. The following shall be exempt from the provisions of this Chapter:

1. Building/facility renovations or additions.

2. Public Works Capital Improvement Projects, including but not limited to, building/facility renovations or expansions, streets and roads, medians, trails, bike lanes, landscaping, storm drainage facilities, wastewater facilities, and water facilities.

3. Non-Municipal Governmental projects.

4. Municipal projects when the City Council finds that, based upon the characteristics of the project or the project budget, it is in the best interests of the Morgan Hill community to do so.

18.78.030 – Contribution Requirements.

A. Program Allocation.

1. Commercial, industrial, moderate-income and above moderate-income residential, and municipal development projects subject to the provisions of this Chapter shall expend not less than one percent (1%) of building development construction valuation, to a maximum of one million dollars ($1,000,000), acquiring and installing on-site artwork.

2. Non-profit organizations and lower-income affordable housing development projects subject to the provisions of this Chapter shall expend not less than one-half percent (0.5%) of building development construction valuation, to a maximum of five hundred thousand dollars ($500,000), acquiring and installing on-site artwork.

B. In-lieu Payments. In lieu of acquiring and installing on-site artwork as required under Section 18.78.030.A, the applicant, at the applicant's discretion, may pay into the Morgan Hill Public Art Fund a public art in-lieu contribution in an amount equal to one hundred percent (100%) of the program allocation. If an applicant chooses to make the public art inlieu payment, the applicant must make that choice prior to final approval of the development project application and fully pay the public art in-lieu payment to the City prior to the issuance of the first building permit for the development project for which the contribution is required.

C. If the applicant chooses to acquire and install on-site artwork, and the value of the on-site artwork is less than one hundred percent (100%) of the program allocation, the applicant shall pay into the Morgan Hill Public Art Fund the difference between one hundred percent (100%) of the program allocation and the value of the on-site artwork.

18.78.040 – Public Art Requirements
A. On-site artwork shall be installed on the development project site in a location that allows the artwork to be visible and accessible by the public, such as the adjacent right-of-way.

B. On-site artwork shall be permanently sited and an integral part of the landscaping and/or architecture of a building considering the historical, geographical, and social/cultural context of the site or community.

City of Morgan Hill
Ordinance No. XXXX, New Series

C. On-site artwork shall be constructed of materials that are appropriate for the proposed location and to a scale that is proportional to the scale of the building or property it relates to or is sited upon.

D. On-site artwork installations required by Section 18.78.030 may include:

1. Graphic and multi-media: Printmaking, drawing, calligraphy and photography including digital, any combination of forms of electronic media including sound, film, holographic, and video and other art forms but only when on a large public scale;

2. Interactive art pieces;

3. Mixed Media: Any combination of forms or media, including collage;

4. Mosaics;

5. Painting: All media, including but not limited to, murals;

6. Performance spaces, including indoor or outdoor stages and amphitheaters.

7. Public art gardens;

8. Sculpture; such as in the round, bas-relief, mobile, fountain, kinetic, electronic, or other, in any material or combination of materials, including glass and neon;

9. Waterworks; and

10. Any other artwork determined by the City Council to satisfy the intent of this section.

E. The following facilities and artwork shall not be eligible to satisfy the requirements for onsite artwork:

1. Mass-produced, standard design art objects such as playground equipment, benches or fountains;

2. Decorative or functional architectural elements designed solely by the project architect;

3. Directional elements such as super graphics, signage, or color coding;

4. Logos or corporate identity;

5. Reproduction, by mechanical or other means, of original works of art; and

6. Art that signifies political or religious affiliations.

18.78.050 – Program Administration
A. Projects subject to the public art requirement shall declare their intention to install public art on-site or to contribute to the in-lieu fund as part of the project design approval process, or the submission of building permits, if no design approval is required for the project. If an applicant chooses to install public art on-site, the applicant shall identify the proposed location(s) of the on-site public art on the submitted plans.

B. Application Requirements. An application for the installation of on-site artwork shall be submitted to the Development Services Department on forms furnished for that purpose and shall include the following information, as applicable:

City of Morgan Hill
Ordinance No. XXXX, New Series

1. Landscape and/or site plans indicating the location and orientation of the on-site artwork that integrates the artwork into the overall project design;

2. A sample, model, photograph(s), or drawing(s) of the proposed on-site artwork;

3. Material samples and finishes, if appropriate;

4. The artist's resume and portfolio of past work, which demonstrates competency with the materials and forms proposed for the on-site artwork proposal;

5. A written statement by the artist describing the on-site artwork, as well as a discussion of the manner in which the proposed on-site artwork meets the findings established by Section 18.78.050.E;

6. An itemized budget declaring the valuation of the on-site artwork pursuant to Section

18.78.070;

7. A maintenance plan for the on-site artwork;

8. Any such additional information or materials as may be required by the Development Services Director; and

9. Application processing fees.

C. Art Installations. The Planning Division shall review the location of the proposed art installation as part of the project design approval process, or the submission of building permits, if no design approval is required for the project. The Library, Culture, and Arts Commission shall review the proposed artwork.

D. City Commissioned Public Art Project Installations. The Library, Culture, and Arts Commission shall review the proposed artwork and provide a recommendation to the City Council. The City Council shall review and act on all City commissioned public art projects.

E. Findings. In order to approve an on-site artwork application, the Library, Culture, and Arts Commission must make all of the following findings:

1. The artist has demonstrated qualifications to complete the proposed on-site artwork with the highest professional standards.

2. There is sufficient public visibility and accessibility to the on-site artwork, and the proposed on-site artwork is compatible with and harmonious with the development project and surrounding environment.

3. The proposed on-site artwork is durable and cost effective to maintain using ordinary methods of maintenance.

4. The budget for the proposed on-site artwork and any in-lieu fees proposed by the applicant is equivalent to or exceeds the required program allocation.

F. In-lieu Fee Collection. The City’s Engineering Division shall be responsible for collecting the in-lieu fee prior to building permit issuance for nonresidential developments, and prior to certificate of occupancy for residential developments.

G. Administration. The City’s Public Services Department shall be responsible for the

City of Morgan Hill
Ordinance No. XXXX, New Series

administration of the Public Art Fund.

18.78.060 – Maintenance Obligations
A. The property owner on which the on-site artwork is located shall maintain, or cause to be maintained, in good condition the on-site artwork continuously after its installation and shall perform necessary maintenance thereto to the satisfaction of the City. The maintenance obligations of the property owner shall be incorporated into the conditions of approval for the on-site artwork and shall be reflected in an agreement between the City and the owner of the property on which the on-site artwork shall be located and the agreement shall be recorded against the property prior to building permit issuance or final map approval, whichever occurs first.

B. Should the property owner wish to remove the on-site artwork, the City must be notified in advance. The property owner shall replace the on-site artwork with on-site artwork of equal or greater value subject to the approval of the City, and consistent with the California Preservation of Works of Art Act and the Federal Visual Artists' Rights Act and any other relevant law.

18.78.070 – Included and Excluded Expenses
A. The following expenses may be included in the budget for the program allocation for onsite artwork:

1. The on-site artwork itself, including the artist's fee for design, acquisition, purchase, structural engineering and fabrication;

2. Transportation and installation of the on-site artwork at the development project site;

3. Artwork identification signs; and

4. Mountings, anchorages, containments, pedestals, bases, or materials necessary for installation of the on-site artwork.

B. The following expenses shall not be included in the budget for the program allocation for on-site artwork:

1. The cost of locating the artist(s);

2. Architect and landscape architect fees;

3. Land costs;

4. Landscaping around the on-site artwork not integral to its design;

5. Publicity, public relations, photographs, or dedication ceremonies;

6. Utility fees associated with activating the artwork; and

7. Illuminating the on-site artwork if not integral to the design.

18.78.080 – Use of In-Lieu Fee Funds
Public Art funds collected pursuant to this Chapter may be used for the following activities:

A. For the design, acquisition, purchase, commission, installation, placement, improvement, relocation, conservation, and insurance of artwork acquired by the City;

City of Morgan Hill
Ordinance No. XXXX, New Series

B. For preventative care, maintenance, and utility charges related to the artwork and real property purchase;
C. For the acquisition and improvement of real property for the purpose of displaying artwork, which has been or may be subsequently approved by the City; D. For costs associated with administering the public art program; E. Structures that enable the display of artwork(s); artistic design and fabrication fees; labor of assistants, materials, and contracted services required for the production and installation of the work of art; any required permit or certificate fees, business and legal costs directly related to the project; and
F. Preparation of site to receive artwork.

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

Section 3. Effective Date; Posting. This Ordinance shall take effect on the 31st day following adoption. The City Clerk is hereby directed to publish this Ordinance or a summary thereof pursuant to Government Code Section 36933.

THE FOREGOING ORDINANCE WAS INTRODUCED AT A MEETING OF THE CITY COUNCIL HELD ON THE 20TH DAY OF NOVEMBER, 2024, AND WAS FINALLY ADOPTED AT A MEETING OF THE CITY COUNCIL HELD ON THE ___ DAY OF ________, 2024, AND SAID ORDINANCE WAS DULY PASSED AND ADOPTED IN ACCORDANCE WITH LAW BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

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

City of Morgan Hill
Ordinance No. XXXX, 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

19 CITY COUNCIL STAFF REPORT
MEETING DATE: November 20, 2024
PREPARED BY:

Chris Ghione, Public Services Director
APPROVED BY: City Manager

APPROVE THE RENAMING OF MORGAN HILL DOWNTOWN

AMPHITHEATER IN HONOR OF COMMUNITY VOLUNTEER RICH
FIRATO

RECOMMENDATION(S)
Approve or do not approve the renaming of the Morgan Hill Downtown Amphitheater to the Rich Firato Downtown Amphitheater.

COUNCIL PRIORITIES, GOALS & STRATEGIES
2024-2025 Strategic Priorities
Community Engagement
REPORT NARRATIVE:

Rich Firato was a dedicated community volunteer and philanthropist who has made innumerable contributions to the Morgan Hill community over the past decades. Rich is most commonly known for supporting the Morgan Hill Chamber of Commerce, including his leadership in developing the Friday Night Music Series, as well as the creation of Morgan's Cove, which opened its doors to support numerous non-profit organizations and schools. A number of community volunteers have requested the renaming of the Morgan Hill Downtown Amphitheater to honor Rich's efforts as a dedicated community volunteer who tirelessly worked to uplift those around him and throughout the community. The letter outlining the request is included as Attachment 2.

City staff have met with the community members leading this effort and developed a recommended approach for the Council should the Council choose to move forward with the renaming request. The plan would include the following with Council approval of this item:

1. In accordance with Council Policy CP-04-02 (Attachment 3), the formal renaming of the “Morgan Hill Rich Firato Downtown Amphitheater” would occur immediately.

2. Approval would be granted to install a sign near the entry to the Amphitheater as identified in Attachment 1.

3. The City staff and the Library, Culture and Arts Commission would work with the community members leading the effort to bring forward a concept for a statue, plaque or other recognition option back to the Council at a future date. This will

19 come back after costs and fundraising efforts are further underway.

COMMUNITY ENGAGEMENT:

Collaborate
This item has been brought forward by community members as a proposal to the Council.

ALTERNATIVE ACTIONS:

The Council can decide whether or not to move forward with the renaming.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

Not applicable.

FISCAL AND RESOURCE IMPACT:

There are no fiscal or resource impacts associated with this action. There is a community effort underway to raise the necessary funds for the building signage.

CEQA (California Environmental Quality Act):

Not a Project. Administrative activities of governments that do not result in direct physical changes in the environment do not qualify as a project for purposes of CEQA.

11/6/24 $(
3XEOLF6HUYLFHV'HSDUWPHQW Downtown Amphitheater Naming 1 1

10.a
Packet Pg. 171 Attachment: CP-04-02 Naming of City Facilities (2941 : Naming of Morgan Hill Library)

10.a
Packet Pg. 172 Attachment: CP-04-02 Naming of City Facilities (2941 : Naming of Morgan Hill Library)

20 CITY COUNCIL STAFF REPORT
MEETING DATE: November 20, 2024
PREPARED BY:

Chris Ghione, Public Services Director
APPROVED BY: City Manager

REVIEW AND APPROVE TRANSPORTATION MASTER PLAN

RECOMMENDATION(S)

1. Review and provide comments on Transportation Master Plan; and

2. Approve Transportation Master Plan.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
Supporting our Youth, Seniors, and Entire Community
Advocating for Local, Regional, and State Legislative Initiatives 2024-2025 Strategic Priorities
Fiscal Sustainability
Community Engagement
Economic Development and Tourism
Transportation
Healthy Community
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
Climate Action Plan
Morgan Hill 2035 General Plan
Vision Zero
REPORT NARRATIVE:

In June 2023, the City contracted with Hexagon Transportation Consultants for the creation of the City’s first comprehensive Transportation Master Plan (Plan). The Plan is intended to provide numerous components, including traffic counts, future traffic modeling, updated speed survey to set speed limits, review of existing transportation infrastructure, specific review and analysis of bike and pedestrian infrastructure, development of transportation priorities for the City, creation of a capital improvement program, and numerous other components. The Draft Plan documents are available for download here:

20 https://www.morganhill.ca.gov/2601/TMP-Documents
In addition to the primary Plan document, there are several appendices. Since the Draft Plan has been available to the Community and City Council since October, changes to the Plan have been included in the Summary Log of Changes included with the Draft Plan documents.

The purpose of this item is to provide the City Council with an opportunity to review the Draft Plan and provide input and direction on the various components of the Plan. City staff recommend focusing on the Draft Plan Document Chapters 5 and 6 as this will be information that has not been previously discussed with the Council. Additionally, the documents in Appendix A provide a complete list of future improvements to roadways and intersections throughout the City. Should the Council wish to consider focusing on new significant areas, they may want to provide feedback on the following:
• Proposed Project Recommendations (Page 94 and Appendix A) - The Draft Plan utilizes the previously reviewed prioritization system to prioritize improvements for roadway segments and intersections. Tier 1 Improvements are included in the Plan document, while Tier 2 Improvements, and Other Improvements are included in Appendix A. The Council may want to identify and provide feedback on improvements missing from the list or improvements that should be categorized as a higher or lower priority.
• Citywide Initiatives (Page 113) - Several citywide initiatives are included within the Plan. The Council should review to provide feedback on the proposed initiatives and/or provide feedback on initiatives that the Council may feel are missing from the list.
• Recommended General Plan Modifications (Page 120) - A next step will be to utilize the Plan in the update to the City's Circulation/Transportation Element of the General Plan. In addition to projects, initiatives and street typology recommendations, some specific recommendations for General Plan Policy changes are recommended.
• Funding and Implementation (Page 121) - The initiatives and projects outlined in the Draft Plan are not attainable given the existing resources for transportation.

The Council may wish to discuss the needs and opportunities for future funding.

The Draft Plan is a culmination of a year-long effort to create a comprehensive planning document for the City's transportation system. The Council has previously provided feedback on the development of the Plan at two prior meetings. The Draft Plan identifies numerous projects and initiatives to support improving the City in the primary areas of Safety, Increased Transportation Options, Access to Regional Transit Services and Local Destinations, and Congestion Management.

The Draft Plan is visionary in nature and the City does not have the resources today to implement many of the projects and initiatives outlined without the addition of new resources for programmatic initiatives and capital projects. Future next steps in this

20 area include:
• Upon approval, beginning an update to the traffic/transportation impact fee to collect fees associated with expansion or new facilities associated with new development.
• Upon approval, beginning to use the project lists to ensure new development is conditioned to complete improvements adjacent to new development (when allowable).
• Utilize the completed Plan to serve as the basis for the Circulation/Transportation Element update of the General Plan.
• Use the Plan to support future grant applications for projects and programs outlined in the Plan.
• Have the plan serve as a guide to the City in the development of future Capital Improvement Program Budget updates.
• Use the Plan to support the City Manager in making recommendations to the City Council on the City's Operating Budget.

COMMUNITY ENGAGEMENT:

Involve
Significant community engagement was conducted and is included in the Draft Plan Chapter 4.

ALTERNATIVE ACTIONS:

The Council may choose not to approve the Draft Plan and provide comments asking staff to return with updates to the Plan at a future date.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The City Council authorized the City Manager to execute an agreement with Hexagon Transportation Consultants on June 7, 2023. The City Council provided initial feedback on the TMP work on November 15, 2023. On May 15, 2024, the City Council reviewed and provided feedback on the Plan's Draft Goals and Priorities and adopted an updated Engineering and Traffic Survey establishing updated speed limits for the City.

The Parks and Recreation Commission discussed and reviewed elements of the plan three times during the planning work, advising on the areas of bicycles and trails. Most recently, the Commission reviewed the Draft Plan on October 30, 2024, and voted 7-0 recommending approval of the Plan by the City Council.

The Planning Commission also met and discussed the planning work three times, most recently on November 12, 2024, where the Commission reviewed the Draft Plan. The Planning Commission voted 6-0 recommending approval of the Plan by the City Council. Additionally, the Planning Commission recommended the following actions:
• Minor changes to specific initiatives and projects. These changes have been made and included in the updated Draft Plan presented to the Council.

20 • Recommend the City Council and City Manager consider funding a Traffic Engineer Position within the City in future budget cycles to support implementation of the numerous initiatives that the City currently does not have resources to implement.
• Recommend that any intersection operations losses to support pedestrian safety on roadways intended to move traffic should be carefully analyzed. This includes continuing to evaluate the recommended General Plan modification to Policy TR3.4 as outlined on page 110 of the Draft Plan.

FISCAL AND RESOURCE IMPACT:

There is no direct fiscal impact associated with adopting the Plan. However, the Plan will provide a framework for future decision-making for the Council, including the setting of Traffic Impact Fees, development of the Capital Improvement Program, and the City Manager's recommendations on future operating budgets.

CEQA (California Environmental Quality Act):

Categorical Exemption 15262:

A project involving only feasibility or planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded does not require the preparation of an EIR or negative declaration but does require consideration of environmental factors. Significant environmental review will occur with the update to the Circulation Element of the General Plan, for which the Transportation Master Plan will provide the basis for.