City of Morgan Hill
Ordinance No. XXXX, New Series
B. The type species of each trees (e.g. coniferous, evergreen hardwood and deciduous hardwood);
C. A map site plan or accurate sketch of location and trees proposed to be cut down, pruned, removed, or destroyed (showing other significant trees, shrubs, buildings or proposed buildings; photographs may be used to show the area);
D. Method for marking the tree proposed to be cut down, pruned, removed, or destroyed; E. Description of methodmethods to be used in cutting down, pruning, removing, or destroying the tree;
F. Description of tree planting or replacement program; G. Reasons for proposing to cut down, prune, removalremove, or destroy of the tree; H. Address where tree is located;
I. Percentage of tree canopy to be removed or pruned;
J. General healthArborist report indicating general health of tree to be cut down, pruned, or removed, or destroyed; and
JK. Other pertinent information or materials which the community development services director may require.
L. Payment of fees shall be due upon submittal of a tree removal application as designated on the current fee schedule. The date of submittal shall be designated by receipt of payment.
12.32.050 Permit—Public notice procedures.
Within five days after submission of a completed application, the applicant shall cause a notice of application on a formpost a public notice of the tree removal or pruning application request, provided by the community development services department, to be posted in at least two conspicuous locations clearly visible to the public on or close to the property affected, indicating the date of the application, a brief description thereof, identification of the subject property, the address to which comments may be directed and from which further information may be obtained, and the final date for receipt of comments. No action shall be taken upon any application until the applicant has filed an affidavit that such posting has been donecompleted and posted for ten days.
12.32.060 Permit—Review and action.
The community development services director or his or hertheir designee shall review the application and, if necessary, inspect the site, and shall determine on the basis of the information provided, the site inspection, and the criteria contained in this chapter whether to grant, grant with conditions, or deny the permit. Such action shall be taken within twenty thirty days after receipt of the affidavit referred to in the preceding section and after the expiration of the ten-day
City of Morgan Hill
Ordinance No. XXXX, New Series
public noticing period. Upon taking action, the community development services director or his or hertheir designee shall provide the applicant with a written statement indicating the action taken, any conditions of approval imposed, and the findings made in support thereof.
12.32.070 Permit—Approval—Criteria.
The community development services director or any other person or body charged with determining whether to grant, conditionally grant, or deny a tree cutting removal permit may approve a permit only if one or more of the following findings are made:
A. Removal of the tree is warranted because the tree meets one of the following conditions:
1. Is diseased as demonstrated in a report provided by a qualified arborist or tree surgeon documenting the extent and nature of the disease and how the diseased conditions warrants the trees removal,
2. Could adversely affect the general public health and safety,
3. Could cause substantial damage,
4. Is a public nuisance (e.g., obstructing the public right-of-way),
5. Is in danger of falling,
6. Is too closely located to existing structures,
7. All practical design alternatives for site layout have been exhausted without being able to design around the tree(s), etc.
8. Interferes with utility service,
9. Acts as a host for a plant which is parasitic to another species of tree which is in danger of being infested or exterminated by the parasite,
10. Is a substantial fire hazard,
11. Is necessary for the continuing agricultural use of the property, or
12. Is a street tree that is not identified on a list of suitable street trees maintained by the community development services director.
B. The required action is necessary:
1. To utilize the property in a manner which is of greater public value than any environmental degradation caused by the action, or
2. To allow reasonable economic or other enjoyment of the property.
City of Morgan Hill
Ordinance No. XXXX, New Series
C. The tree will be replaced by plantings approved by the community development services director, unless special conditions indicate otherwise.
12.32.080 Permit—Approval—Conditions.
In granting any permit as provided in this chapter, the community development services director, planning commission, or city council may attach reasonable conditions to insure ensure compliance with the intent and purpose of this chapter including, but not limited to,:
A. All protected or significant trees proposed for removal shall be replaced at a 1:1 ratio with a similar native tree species of at least minimum 15-gallon in size. In the case of nonnative trees to be removed, the replacement tree shall be a native species and at least minimum 15-gallon in size. The development services director may require additional replacement trees as necessary to mitigate the impact from the loss of tree canopy.Replacement of trees removed with plantings of trees acceptable to the community development director. In all cases, native trees shall be planted to replace native trees removed unless practical reasons preclude this option;
B. Use of measures to effect affect erosion control, soil and water retention and diversion or control of increased flow of surface waters;
C. Use of measures to insure ensure that the contemplated action will not have adverse environmental effects relating to shade, noise buffers, protection from wind, air pollution and historic features; and/or
D. Posting of a bond to ensure maintenance of substitute landscaping pursuant to the requirements of Chapter 18.64 (Landscaping) of this code.
12.32.090 Application constitutes permission to enter property.
Filing of an application for a tree cutting removal permit shall constitute a grant of permission for city personnel concerned with administering this part to enter the subject permit area during normal working hours from the date of application to the completion of any approved action for the purpose of inspecting the area for compliance with the provisions of this chapter and applicable law.
12.32.100 Inspection—Notification of violations.
The community development services department may cause sufficient inspections to be made of the permit area to assure compliance with the provisions of this chapter and the requirements of any applicable law. Upon completion of any inspection, the permittee shall be given a written notice of any violations observed at the time of inspection for correction thereof.
12.32.110 Commencement of work—Time limitations.
If work authorized by an approved permit is not commenced within a period of one (1) year from the date of approval, the permit shall be considered void.
City of Morgan Hill
Ordinance No. XXXX, New Series
12.32.120 Emergencies.
In case of emergency caused by the hazardous or dangerous condition of a tree and requiring immediate action for the safety of life or property, such necessary action may be taken to remove the tree or otherwise reduce or eliminate the hazard without complying with the other provisions of this chapter, except that the person responsible for the cutting or removal of the tree shall report such action to the community development services director within five working days thereafter and provide retroactive payment of the tree removal permit fee.
12.32.130 Appeal procedures.
The applicant or any other person who is aggrieved by the issuance or nonissuance denial of the permit or any conditions thereof may appeal in the manner set forth in this sectionChapter 18.112 (Appeals). A statement by the appellant shall be required indicating how the appellant is aggrieved or adversely affected by the decision. At the time the appeal is heard, the planning commission shall rule upon the appellant's standing as an aggrieved party. If the planning commission rules that the appellant is not aggrieved, all further proceedings shall be stayed except that the appellant may appeal the planning commission decision on standing to the city council as provided in this chapter.
A. Permits considered and acted upon by the community development director may be appealed to the planning commission by filing a written notice of appeal with the secretary of the planning commission within ten days of the issuance or denial of the permit. The planning commission shall hear such appeal within thirty days of the date of filing of the written protest or at a date selected by mutual consent of the appellant and the planning commission. The planning commission shall render a decision on the appeal within fifteen days of the public hearing. The community development director shall notify the affected parties of the action.
B. Permits considered and acted upon by the planning commission may be appealed to the city council by filing a written notice of appeal with the secretary of the planning commission within ten days from the decision of the planning commission. The city council shall hear such appeal within sixty days or at a date selected by mutual consent of the appellant and the city council and render a decision within fifteen days following such hearing. The decision of the city council shall be final. The action taken by the city council shall be reported to the affected parties.
12.32.140 Removal or trimming without a permit unlawful.
It is unlawful for any property owner, lessee, his or hertheir agent, or representative to engage in tree cutting or removal or to conspire with another to engagepruning or any other action that would result in tree cutting or removal or pruning without a valid tree cutting removal permit. In addition to any other remedies that may exist by law, such party shall be liable to the city for an civil administrative penalty to be determined by the development services director as follows: in
1. A fine equal to three times the valuation of the removed tree, as determined by a certified arborist; or
City of Morgan Hill
Ordinance No. XXXX, New Series
2. Thethe amount of the cost of replacing the a removed public tree with a new tree as comparable to the removed tree as is reasonably feasible; or plus all attorney's fees.
3. A fine equal to three times the amount of the current tree removal application permit fee.
Section 2. Subsection b of Subsection 7 of Subsection B of Section 17.20.040 (Form and Contents) of Chapter 17.20 (Map Requirements-Five or More Parcels) of Title 17 (Subdivisions) is hereby amended to read as follows:
b. Type, circumference diameter at breast height, and dripline canopy of existing any protected trees, significant trees, street trees, public trees, or a community of trees as defined by Chapter 12.32 (Protected and Significant Trees) of this code on removal of significant trees on public and private property. Any trees proposed to be removed shall be so indicated and shall obtain a permit as required by Chapter 12.32 (Protected and Significant Trees), Section 3. Subsection b of Subsection 7 of Subsection A of Section 17.24.030 (Form and Content) of Chapter 17.24 (Map Requirements-Four or Less Parcels) of Title 17 (Subdivisions) is hereby amended to read as follows:
b. Type, circumference diameter at breast height, and dripline canopy of existing any protected trees, significant trees, street trees, public trees, or a community of trees as defined by Chapter 12.32 (Protected and Significant Trees) of this code on removal of significant trees on public and private property. Any trees proposed to be removed shall be so indicated and shall obtain a permit as required by Chapter 12.32 (Protected and Significant Trees); Section 4. Table 18.22-2 (Development Standards in Mixed Use Zoning Districts) within Section 18.22.040 (Development Standards) of Chapter 18.22 (Mixed Use Zoning Districts) of Title 18 (Zoning) is hereby amended to read as follows:
Table 18.22-2: Development Standards in Mixed Use Zoning Districts MU-D MU-N MU-F Additional
Standards
Site Requirements
Lot Area, Minimum 3,500 sq. ft. 6,000 sq. ft. 6,000 sq. ft.
Lot Width,
Minimum
40 ft. 60 ft. 60 ft.
Lot Depth,
Minimum
80 ft. 100 ft. 100 ft.
Floor Area Ratio,
Maximum
2.0 [1] 1.0 0.5None
City of Morgan Hill
Ordinance No. XXXX, New Series
Residential Density
Minimum None 8 du/acre 7 du/acre
Maximum None 20 du/acre 24 du/acre
Building Coverage,
Maximum
None 75% 50%None
Structure
Requirements
Setbacks See Table 18.22-3 18.56.030
Height, Maximum 3 stories and
45 ft. [2]
35 ft. [3,4] 35 ft. [3] 18.56.020
Notes:
[1] 2.25 FAR permitted on sites 22,000 sq. ft. or more. [2] Four stories and 55 ft. permitted on sites 22,000 sq. ft. or more. [3] 45 ft. permitted with a minimum of 10 ft. devoted to a roof element. [4] 40 ft. allowed for vertical mixed use, regardless of roof form.
Section 5. 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 6. 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 ___ DAY OF ______, 2025, AND WAS FINALLY ADOPTED AT A MEETING OF THE CITY COUNCIL HELD ON THE ___ DAY OF ________, 2025, 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:
City of Morgan Hill
Ordinance No. XXXX, New Series
______________________________ _______________________________ 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
14 CITY COUNCIL STAFF REPORT
MEETING DATE: February 19, 2025
PREPARED BY:
Hilary Holeman, Administrative Analyst
APPROVED BY: City Manager
PROVIDE DIRECTION TO STAFF ON PROPOSED FUTURE COUNCIL
INITIATED AGENDA ITEM
RECOMMENDATION(S)
Determine if the majority of the City Council wants the following item agendized at a future meeting for discussion:
Adopt a resolution protecting the rights and safety of immigrant communities.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety and Quality of Life
Supporting our Youth, Seniors, and Entire Community
Preserving and Cultivating Public Trust
Enhancing Diversity and Inclusiveness
REPORT NARRATIVE:
Section 4.2 of City Council Policy 97-01 (Attachment 1) allows members of the City Council to request items be added to an upcoming City Council agenda by requesting an item during the "Future Council Initiated Agenda Items" section of the agenda. A City Council report will then be placed on an upcoming agenda for Council discussion and consideration.
At the City Council Goal Setting Workshop on February 7, 2025, Council Member Martinez Beltran proposed that the City Council consider adopting a resolution to protect the rights and safety of immigrant communities (Attachment 2).
The City of Morgan Hill previously affirmed a Statement of Support and Assurance on December 14, 2016 (Attachment 3), assuring residents that:
• Hate crimes will not be tolerated in Morgan Hill.
• Local police will not be used for federal immigration enforcement. • The City is committed to protecting the constitutional rights of all community members.
On May 3, 2017, the City Council further reinforced these principles by adopting
14 Resolution #17-033 (Attachment 4), reaffirming Morgan Hill's commitment to being a diverse, inclusive, and supportive community while protecting residents' constitutional rights.
On July 25, 2018, the City Council adopted Resolution #18-059 (Attachment 5), opposing the practice of separating children from their parents at the United States - Mexico border and advocating for family unity.
These values remain integral to the City's guiding framework, as reflected in the annual reaffirmation of Sustainable Morgan Hill (Attachment 6), which envisions "a safe, inclusive, socially responsible, environmentally conscious, and economically sound community."
Next Steps:
Staff is seeking direction from the City Council on whether it would like to agendize another resolution protecting the rights and safety of our Community for formal discussion at a future Council meeting. Preparing a complete City Council Staff Report on this topic would require approximately four hours of staff time.
COMMUNITY ENGAGEMENT:
This report seeks direction from the City Council on whether or not to further agendize this topic for Council consideration.
ALTERNATIVE ACTIONS:
If the City Council chooses not to pursue a new resolution regarding the rights and safety of immigrant communities, they may instead reaffirm the previously adopted statement or resolutions.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
• December 14, 2016, the Council affirmed the Statement of Support and Assurance to the Community.
• May 3, 2017, the Council adopted Resolution #17-033, reaffirming Morgan Hill's commitment to being a diverse, inclusive, and supportive community while protecting residents' constitutional rights.
• On July 25, 2018, the Council adopted Resolution #18-059 to support Protecting Children and Keep Families Together.
FISCAL AND RESOURCE IMPACT:
There is no fiscal impact associated with seeking direction from the Council on this item.
CEQA (California Environmental Quality Act):
Not a Project.
14 Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
From: Michelle Bigelow
To: Michelle Bigelow
Subject: FW: Agenda Request
Date: Friday, February 14, 2025 11:04:46 AM
From: Yvonne Martinez Beltran <[email protected]> Sent: Friday, February 14, 2025 7:39 AM
To: Christina Turner <[email protected]> Cc: Michelle Bigelow <[email protected]>; Donald Larkin <[email protected]>; Shane Palsgrove <[email protected]>; Edith Ramirez <[email protected]>
Subject: Re: Agenda Request
Future Agenda Item
Three weeks ago I requested a time sensitive agenda item to bring a resolution before council at our 2/7/24 workshop. The Mayor would not place the resolution on the agenda and required me to instead follow the 1.5 month process.
The resolution and request I shared then is this same template link:
https://sanjose.legistar.com/View.ashx?M=F&ID=13696508&GUID=F98527A7-1B4D4AB8-8F8F5028D75A0C84&fbclid=IwY2xjawIKWHJleHRuA2FlbQIxMAABHaFZh2HMw9zD_ZFbhscM QQftAIhbxd2E-mKee8LB3nd4wIs0wg5XponEQQ_aem_4dJhwFFMkg6Fe4xeyb_N9w to reaffirm the City's Commitment to protecting the rights and safety of immigrant communities. Attached is the suggested resolution- straightforward combined points from the City and PD statement released Jan 24th and SJ template.
Much of our community is living with extreme levels of anxiety and fear and this is urgent to reassure our residents and important to all of our community to restore calm.
In Community,
Yvonne Martínez Beltrán
Councilwoman
City of Morgan Hill
To Morgan Hill Residents,
Sam Licardo, Mayor of San Jose, recently sent out a newsletter with an article addressing the impact that recent national events are having on his city and giving reassurance that the city will stand up for all its residents. On behalf of the Morgan Hill City Council and our staff, we are providing many of the same reassurances to our residents.
Like San Jose, a large percentage of our residents are foreign-born and many fear that changes in immigration rules or enforcement could separate their families. There are also concerns about proposed federal "registries" of community members of the Muslim faith. And the recent nationwide spike in "hate crimes" is causing even more fear. Here in Morgan Hill, we cannot control the events in Washington, D.C., but we can do much to care for each other here at home. We want to assure you that:
"Hate Crimes" will not be tolerated in Morgan Hill
Our Police Department is committed to enforcing laws against commitment of hate crimes without regard to the immigration status of the victim or reporting party. Please report all incidents to the Police Department at 408-779-2101.
Our Police will not be used for federal immigration enforcement Changes to immigration laws and enforcement are the responsibility of federal policy makers. Local police should not be involved in federal immigration enforcement and our Police Officers will continue to focus their time on high priority crimes. In accordance with best practices of local law enforcement professionals nationally, we will stay out of immigration enforcement. Our priority is to maintain the trusting relationship Morgan Hill Police Officers have with our community.
Anyone who witnesses or is a victim of any crime can contact the Police Department without fear of inquiry regarding their immigration status.
Your Constitutional rights will be protected
We cannot know if assertions made during national campaigning -- like Muslim "registries" -- will come to fruition. We will monitor any proposed legislation or executive actions from Washington and work closely with our national, state and local representatives, other cities, and if necessary, the courts, to protect the Constitutional rights of our residents.
Discrimination based on race, national origin, ethnicity, religion, age, gender, sexual orientation, color or disability is prohibited under federal and/or state law. We will protect the rights of all our residents, regardless of background or sexual orientation.
Morgan Hill residents are highly ethical; we have a set of ethical values that are fundamental to the character of our community. Foremost among the ethical values is respect. Because we respect those we interact with, we treat them honestly, fairly and responsibly. In this time of uncertainty and fear, we encourage all our residents to maintain a high level of respect in all their interactions.
Thank you for making Morgan Hill a well respected and inclusive community.
Safety
City Council Ongoing Priorities
Enhancing Public Safety and Quality of Life
Protecting the Environment and Preserving Open
Space and Agricultural Land
Maintaining and Enhancing Infrastructure
Supporting our Youth, Seniors, and Entire Community
Fostering a Positive Organizational Culture
Preserving and Cultivating Public Trust
Preserving our Community History
Enhancing Diversity and Inclusiveness
Advocating for Local, Regional, and State Legislative
Initiatives
Vision
To sustain a safe, inclusive, socially
responsible, environmentally conscious,
and economically sound community.
Strategic Priorities 2024-2025
Fiscal Sustainability
Affordable Housing and Homelessness
Community Engagement
Economic Development and Tourism
Transportation
Healthy Community
Choose Morgan Hill
The City of Morgan Hill is the best
community for people to live, work, visit, and
operate their businesses.
SUSTAINABLE
MORGAN HILL