Morgan Hill City Council
February 19, 2025

Special/Regular Meeting Agenda
City Council
Mark Turner - Mayor
Yvonne Martínez Beltrán - Mayor Pro Tem
Soraida Iwanaga - Council Member
Marilyn Librers - Council Member
Miriam Vega - Council Member
Wednesday, February 19, 2025 5:00 PM
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037
Morgan Hill City Council meetings are held in person with the option for the public to attend in-person or participate by teleconference/video conference. Information on how the public may observe and participate in the meeting is below.

MEETING PARTICIPATION
Morgan Hill City Council meetings are held in person. The community may attend in person or via Zoom (video/teleconference). The meetings are also live-streamed on the City’s website, Facebook page, and Channel 17.

As a courtesy, and technology permitting, members of the public may attend online.

However, the City cannot guarantee that the public’s access to online technology will be uninterrupted, and technical difficulties may occur from time to time. Unless required by the Ralph M. Brown Act, the meeting will continue despite technical difficulties for participants using the online option.

Those wishing to participate in the meetings remotely must register in advance at https://bit.ly/CityCouncilZoomRegistration. Additionally, Zoom participants must be running the latest version or will be required to update to the latest version before being able to join the meeting remotely.

Remote participation is also available by calling (669) 900-9128 and entering webinar id: 873 3200 8380#. Dial *9 to raise your hand, and be called upon to speak for up to 3 minutes. Dial *6 to unmute.

PUBLIC COMMENT

February 19, 2025
2 Public comment may be offered verbally at the meeting or in writing before the meeting.

Public comment is limited to three minutes, but the Mayor may adjust time limits for individual or total comments while ensuring all viewpoints are heard, encouraging speakers to avoid repetition, and allowing a designated spokesperson for organized support or opposition to present longer if needed.

Those attending remotely may only offer public comment for items on the agenda in one of four categories:
• Consent Calendar
• Other Business
• Public Hearings
• Closed Session
Public comment will be heard from those attending in person first with the submission of a speaker card. Once that is complete, we will move to those on Zoom that have their hand raised. Following public comment from Zoom, we will close the public comment period for that item.

Remote public comment for items not on the agenda will not be accepted.

Written public comment may be submitted to the City Clerk:
• In person at the City Council Meeting;
• Via email to [email protected]; or
• Hand delivered or mailed to the City Clerk at 17575 Peak Avenue, Morgan Hill, CA 95037
Please email your comments to the City Clerk no later than 3:00 p.m. on Tuesday (the day before the City Council meeting) so that your comments can be submitted to the members of the City Council with sufficient time to review them. You may continue to provide written comments up to noon on Wednesday (the day of the meeting), although Council Members may not have sufficient time to review them before the meeting.

Public comments submitted to the City Clerk after noon (12:00 p.m.) the day of the meeting will be provided to the City Council as time allows.

Written comments WILL NOT be read aloud during the City Council Meeting. Please note that written comments are posted on the City's website. It is recommended that you do not include any personal information that you do not want to be posted on the web. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.

AMERICANS WITH DISABILITIES ACT (ADA)
In compliance with the Americans with Disabilities Act, if you are a disabled person and

February 19, 2025
3 you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk's Office at (408)779-7259 or by email at [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.

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

SPECIAL MEETING
5:00 p.m. Closed Session

CALL TO ORDER

ROLL CALL ATTENDANCE

DECLARATION OF POSTING AGENDA

CLOSED SESSION
Conference with Legal Counsel—Existing Litigation (§54956.9) Mary Volz v. RJ Cassiba, et al.

Santa Clara County Case No. 23-CV-413053
Esmerelda Johl v. City of Morgan Hill, et al.

Santa Clara County Case No. 23-CV-428058
Conference with Legal Counsel—Anticipated Litigation
Initiation of litigation pursuant to § 54956.9(c):
(One Case)

OPPORTUNITY FOR PUBLIC COMMENT

ADJOURN TO CLOSED SESSION

REGULAR MEETING
6:00 p.m.

February 19, 2025
4 SILENT INVOCATION

PLEDGE OF ALLEGIANCE

RECOGNITIONS
Aquatics Foundation donation
Dairy Delight

PRESENTATIONS
YAC Presentation

CITY COUNCIL REPORTS
Mayor Pro Tem Martinez Beltran

CITY MANAGER'S REPORT

CITY ATTORNEY'S REPORT

OTHER REPORTS

PUBLIC COMMENT
This opportunity for public comment is for items that are not on the agenda. If you would like to make comments on an item that is on the agenda, please wait until we get to that item to offer your comments. Members of the public are entitled to address the City Council concerning any item within the Morgan Hill City Council’s subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda. Public comment is intended for comments. Questions posed during public comment are not generally answered. If you have questions, please send them to the City Clerk at [email protected] to receive a response. (See additional noticing at the end of this agenda)

ADOPTION OF AGENDA

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

February 19, 2025
5 Consent Calendar for comment and action.

1. ACCEPT $30,000 DONATION FROM THE FRIENDS OF MORGAN HILL

SENIOR CENTER
Recommendation:

1. Accept a $30,000 donation from the Friends of the Morgan Hill Senior Center to support services at the Centennial Recreation Senior Center; and

2. Authorize the City Manager to execute any agreements necessary for donation acceptance.

2. ACCEPT DONATION OF NEW POOL LANE LINES VALUED AT $17,089

FROM THE MORGAN HILL AQUATIC FOUNDATION
Recommendation:

Accept donation of lane lines from the the Morgan Hill Aquatic Foundation valued at $17,089.

3. ACCEPT THE POLICE DEPARTMENT BUILDING EXPANSION PROJECT IN THE AMOUNT OF $245,771
Recommendation:

1. Accept the Police Department Building Expansion Project by Jahn Plumbing, Inc. as complete;

2. Authorize the City Engineer to sign the Notice of Completion; and

3. Direct the City Clerk to file said Notice of Completion with the County Recorder's Office.

4. ADOPT ORDINANCE NO. 2362, NEW SERIES, AMENDING VARIOUS CODE PROVISIONS WITHIN TITLE 18 (ZONING) OF THE MUNICIPAL CODE OF

THE CITY OF MORGAN HILL IMPLEMENTING UPDATES TO ACCESSORY DWELLING UNIT PROVISIONS TO COMPLY WITH SENATE BILL 477 AND SENATE BILL 1211; IMPLEMENTING REPRODUCTIVE HEALTH

COMMUNITY CLINICS BY-RIGHT TO COMPLY WITH ASSEMBLY BILL 2085; UPDATES TO PARKING PROVISIONS TO COMPLY WITH ASSEMBLY BILL 2097; AND IMPLEMENTING MINOR AMENDMENTS DUE TO

CLERICAL ERRORS AND INCONSISTENCIES
Recommendation:

Waive the reading, adopt Ordinance No. 2362, New Series, and declare that said title, which appears on the agenda, shall be determined to have been read by title and further reading waived.

5. APPROVE FINAL MAP FOR THE GATES - TRACT NO. 10627 AND

RELATED SUBDIVISION IMPROVEMENTS AGREEMENT

February 19, 2025
6 Recommendation:

1. Approve the Final Map;

2. Approve a Subdivision Improvements Agreement with CITY VENTURES HOMEBUILDING LLC, a Delaware Limited Liability Company;

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

6. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH

HYDROSCIENCE ENGINEERS FOR THE GLEN AYRE RESERVIOR
PROJECT FOR A TOTAL AMOUNT NOT TO EXCEED $417,019
Recommendation:

1. Approve Service Agreement for Design Professionals with HydroScience Engineers, Inc. for a total not to exceed contract amount of $417,019 to design the Glen Ayre Reservoir Project; and

2. Authorize the City Manager to execute and administer the Service Agreement for Design Professionals with HydroScience Engineers, Inc. for the Glen Ayre Reservoir Project.

7. APPROVE THE FIRST AMENDMENT TO THE SUBDIVISION

IMPROVEMENTS AGREEMENT FOR THE DAKOTA DUNNE RESIDENTIAL SUBDIVISION (APN 726-09-104, -105, AND -106)
Recommendation:

1. Approve the First Amendment to the Subdivision Improvements Agreement for the Dakota Dunne Residential Subdivision;

2. Authorize the City Manager to execute the First Amendment to the Project's Subdivision Improvements Agreement with Michael F. Dunne, Jr. and Jonna M. Dunne; and

3. Authorize the recordation of the First Amendment to the Subdivision Improvements Agreement.

8. APPROVE THE FIRST AMENDMENT TO THE SUBDIVISION

IMPROVEMENTS AGREEMENT FOR THE SABINI COURT RESIDENTIAL SUBDIVISION (APN: 773-32-017, -018, -019, AND -020)
Recommendation:

1. Approve the First Amendment to the Subdivision Improvements Agreement for the Sabini Court Subdivision;

2. Authorize the City Manager to execute the First Amendment to the Project's Subdivision Improvements Agreement with Strolata Properties, LLC; and

February 19, 2025
7 3. Authorize the recordation of the First Amendment to the Subdivision Improvements Agreement.

9. APPROVE CITY COUNCIL ASSIGNMENTS TO OUTSIDE AGENCIES FOR 2025
Recommendation:

1. Approve the City Council assignments to Outside Agencies; and

2. Direct the City Clerk to notify the appropriate agencies of the updated assignments and update the Form 806 as necessary.

10. APPROVE THE JANUARY 15, 2025 CITY COUNCIL MEETING MINUTES Recommendation:

Approve minutes.

11. AWARD MORGAN HILL MAGICAL BRIDGE SHADE STRUCTURE PROJECT TO G&G BUILDERS INC. IN THE AMOUNT OF $392,933
Recommendation:

1. Approve the Morgan Hill Magical Bridge Shade Structure Project Plans and Specifications;

2. Award contract to G&G Builders Inc. in the amount of $392,933;

3. Authorize the expenditure of construction contingency funds not to exceed $100,000;

4. Authorize the City Manager to execute and administer the construction contract with G&G Builders Inc.

12. RECEIVE ANNUAL REPORT ON 2024 CITY ENGINEER ACCEPTANCES OF

PUBLIC IMPROVEMENTS COMPLETED BY PRIVATE DEVELOPMENT

PROJECTS
Recommendation:

Accept and file Annual Report on 2024 City Engineer acceptances of public improvements completed by private development projects.

PUBLIC HEARINGS

13. ADOPT RESOLUTION AMENDING THE TEXT OF THE MORGAN HILL 2035

GENERAL PLAN TO ELIMINATE THE FLOOR AREA RATIO FOR THE

MIXED USE FLEX LAND USE DESIGNATION AND INTRODUCE
ORDINANCE (ZA2024-0002) AMENDING CHAPTER 12.32 (RESTRICTIONS ON REMOVAL OF SIGNIFICANT TREES); AMENDING SECTIONS 17.20.040 (FORM AND CONTENTS) AND 17.24.030 (FORM AND CONTENTS)

February 19, 2025
8 RELATING TO TENTATIVE MAPS WITHIN TITLE 17 (SUBDIVISIONS)

IMPLEMENTING MINOR AMENDMENTS DUE TO INCONSISTENCIES WITH CHAPTER 12.32 PROPOSED AMENDMENTS; AND AMENDING TABLE

18.22-2 (DEVELOPMENT STANDARDS IN MIXED USE ZONING DISTRICTS) WITHIN SECTION 18.22.040 (DEVELOPMENT STANDARDS) TO REMOVE

THE MAXIMUM FLOOR AREA RATIO (FAR) AND BUILDING COVERAGE

WITHIN THE (MIXED USE FLEX) MU-F ZONING DISTRICT
Recommendation:

1. Open/close the public hearing;

2. Adopt a Resolution approving an amendment to the text of the Morgan Hill 2035 General Plan to eliminate the Floor Area Ratio for the Mixed Use Flex land use designation;

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

4. Introduce Ordinance Amendment.

OTHER BUSINESS

14. PROVIDE DIRECTION TO STAFF ON PROPOSED FUTURE COUNCIL

INITIATED AGENDA ITEM
Recommendation:

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.

FUTURE COUNCIL INITIATED AGENDA ITEMS
Note: in accordance with Government Code Section 54954.2(a), there shall be no discussion, debate and/or action taken on any request other than providing direction to staff to place the matter of business on a future agenda.

ADJOURNMENT

February 19, 2025
9 NOTICE
Any documents produced by the City and distributed to the majority of the City Council less than 72 hours prior to an open meeting, will be made available for public inspection at the City Clerk’s Counter at City Hall located at 17575 Peak Avenue, Morgan Hill, CA, 95037 and at the Morgan Hill Public Library located at 660 West Main Avenue, Morgan Hill, California, 95037 during normal business hours. (Pursuant to Government Code 54957.5)

PUBLIC COMMENT
Members of the Public are entitled to directly address the City Council concerning any item described in the notice of this meeting during consideration of that item. If you wish to address the Council on any item on this agenda, please complete a speaker request card located in the foyer of the Council Chambers and deliver it to the Minutes Clerk before the City Council discussion on the item. You are not required to give your name on the speaker card to speak to the Council, but it is very helpful. When you are called, proceed to the podium, and the Mayor will recognize you. If you wish to address the City Council on any other item of interest to the public, you may do so during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less.

Please submit written correspondence to the Minutes Clerk, who will distribute correspondence to the City Council.

Persons interested in proposing an item for the City Council agenda should contact a member of the City Council who may request an item on the agenda for a future City Council meeting. Council discussion or action may not be taken until your item appears on an agenda. This procedure is in compliance with the California Public Meeting Law (Brown Act) Government Code §54950.

City Council Policies and Procedures (CP 03-01) outlines the procedure for the conduct of public hearings.

Notice is given, pursuant to Government Code Section 65009, that any challenge of Public Hearing Agenda items in court, may be limited to raising only those issues raised by you or on your behalf at the Public Hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the Public Hearing on these matters.

The time within which judicial review must be sought of the action by the City Council, which acted upon any matter appearing on this agenda is governed by the provisions of Section 1094.6 of the California Code of Civil Procedure.

For a copy of City Council Policies and Procedures CP 97-01, please contact the City Clerk’s office (408) 779-7259, (408) 779-3117 (fax) or by email [email protected].

February 19, 2025
10

1 CITY COUNCIL STAFF REPORT
MEETING DATE: February 19, 2025
PREPARED BY:

Jennie Tucker, Recreation Manager
APPROVED BY: City Manager
ACCEPT $30,000 DONATION FROM THE FRIENDS OF MORGAN HILL

SENIOR CENTER

RECOMMENDATION(S)

1. Accept a $30,000 donation from the Friends of the Morgan Hill Senior Center to support services at the Centennial Recreation Senior Center; and

2. Authorize the City Manager to execute any agreements necessary for donation acceptance.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
2024-2025 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
REPORT NARRATIVE:

Over the past several years, the Friends of the Morgan Hill Senior Center have supported operations at the Centennial Recreation Senior Center through annual financial donations to the City. The donations offset the Senior Center's costs. The donation typically includes support for staffing and program costs and allows a higher level of service than what would be provided by City funds alone. Previous donations have supported specific programs such as senior transportation and helped the Senior Center reopen after the COVID-19 pandemic.

The Friends of the Morgan Hill Senior Center was established in 2011 with the primary purpose of raising funds to support Senior Center operations. "Friends," a group of more than 40 community volunteers, host the ongoing Tuesday night Bingo at the Community and Cultural Center as its primary fundraising activity.

This year, the Friends of the Morgan Hill Senior Center presented the City with a $30,000 donation to help fund the Center's operations.

1 When the City took over management of the Senior Center in 2015, the Friends estimated that $20,000 per year would be available to support the City's operation of the Center. The donations have been at that level or higher every grant period. In partnership with the Friends, financial sustainability continues to be a focus area of the Senior Center.

COMMUNITY ENGAGEMENT:

None
The Friends shared the open application period with City staff and provided City staff with a deadline to apply for funds. The City continues to recognize the Friends' contributions at the Senior Center and publicly when receiving donations.

ALTERNATIVE ACTIONS:

The City Council could choose not to accept the donation.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The City Council has accepted annual donations from the Friends.

FISCAL AND RESOURCE IMPACT:

The $30,000 will be accepted into the General Fund and will directly offset costs associated with operating the Senior Center. The current fiscal year budgeted donation for the Morgan Hill Senior Center is $30,000.

CEQA (California Environmental Quality Act):

Not a Project
Since the resulting activity is an administrative program that will not result in a change to the physical environment, this action is not a project under the California Environmental Quality Act.

2 CITY COUNCIL STAFF REPORT
MEETING DATE: February 19, 2025
PREPARED BY:

Molly Fittro, Aquatics Supervisor
APPROVED BY: City Manager
ACCEPT DONATION OF NEW POOL LANE LINES VALUED AT $17,089

FROM THE MORGAN HILL AQUATIC FOUNDATION

RECOMMENDATION(S)
Accept donation of lane lines from the the Morgan Hill Aquatic Foundation valued at $17,089.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Maintaining and Enhancing Infrastructure
Supporting our Youth, Seniors, and Entire Community
2024-2025 Strategic Priorities
Fiscal Sustainability
Healthy Community
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
REPORT NARRATIVE:

The Morgan Hill Aquatic Foundation (MHAF) was established in 2004 to provide financial assistance for group swim lessons and help cover the significant costs associated with new equipment for operating the Morgan Hill Aquatics Center.

One purpose of the MHAF is to ensure the year-round operation of the Morgan Hill Aquatics Center by funding selected capital improvement projects and providing support to individuals and organizations that prioritize the aquatic sports community in Morgan Hill. Throughout the years, MHAF has supported the Aquatics Center through financial donations, which have helped offset costs. These donations typically cover new equipment expenses and swim lessons scholarships.

This year, MHAF has supported the Aquatics Center by purchasing twenty-four new lane lines for the competition and instructional pools, which cost $17,089. This donation improves the quality of training at the Aquatics Center and the appearance of potential competitions hosted in the City of Morgan Hill.

2 COMMUNITY ENGAGEMENT:

Involve
Patrons, teammates, and rental groups provided feedback on potential improvements to the facility. One primary input was the need to replace the lane lines. Replacing the lane lines has enhanced the facility's overall appearance and met the expectations of pool users.

ALTERNATIVE ACTIONS:

The City Council could choose not to accept the donation.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The City Council has accepted donations throughout the history of the Aquatics Center.

FISCAL AND RESOURCE IMPACT:

This donation directly offsets future costs for the City associated with replacing lane lines at the pools.

CEQA (California Environmental Quality Act):

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

3 CITY COUNCIL STAFF REPORT
MEETING DATE: February 19, 2025
PREPARED BY:

Mario Ramirez, Police Captain
APPROVED BY: City Manager

ACCEPT THE POLICE DEPARTMENT BUILDING EXPANSION
PROJECT IN THE AMOUNT OF $245,771

RECOMMENDATION(S)

1. Accept the Police Department Building Expansion Project by Jahn Plumbing, Inc. as complete;

2. Authorize the City Engineer to sign the Notice of Completion; and

3. Direct the City Clerk to file said Notice of Completion with the County Recorder's Office.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
2024-2025 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Public Safety Master Plan
REPORT NARRATIVE:

On February 21, 2024, Jahn Plumbing, Inc. was awarded the Morgan Hill Police Department Building Expansion Project for $229,221 with an authorized contingency of $22,922. The project involved renovating the north end of the police department, which had previously been subleased as commercial office space. The renovations also added office space for the Police Department’s Special Operations and Traffic Bureaus.

The project began in March 2024 and was substantially completed in November 2024. Two change orders were authorized for $16,550 due to additional work and contract deducts (Attachment 1). The final construction contract with Jahn Plumbing, Inc. was $245,771. Staff recommend accepting this project as it is complete and in accordance with the plans and specifications. By accepting this project, the City Clerk will file a Notice of Completion for this project (Attachment 2).

COMMUNITY ENGAGEMENT:

3 Inform
This staff report informs the community that the Police Department Building Expansion Project has been completed.

ALTERNATIVE ACTIONS:

Accepting the project in accordance with the contract documents is a required process.

It enables the City to release any retained funds owed to the contractor per California Public Contract Code Section 7107.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On February 21, 2024, the City Council awarded the Police Department Building Expansion Project to Jahn Plumbing, Inc.

FISCAL AND RESOURCE IMPACT:

The final amount of the Jahn Plumbing contract for the Police Department Expansion Project is $245,771. The project was programmed in the FY23-24 Budget.

CEQA (California Environmental Quality Act):

Categorical Exemption
The activities described in this Staff Report are categorically exempt under CEQA, specifically pursuant to Section 15302 of CEQA Guidelines (Existing Facilities). The project consisted of removing and replacing or reconstructing existing structures and facilities, with the new structure located on the same site as the old one and having substantially the same purpose and capacity.

CIP Contract Acceptance
Funding Closeout Statement
Project: Police Expansion Project
Project No: PF2002
Date of Project
Award: 21-Feb-24 Project AwardAmount:

Funding Source: F315
Contingency
Authorized:

Date of Project
Acceptance: ******* Total Authorized:

Actual Base
Contract Spent:

Change Orders
Description Date
Council Approval
Reqd? (Y/N)
C.O. #1:

Additional Work at Interrogation Room, Credit
for Doors not Installed and Project Line Item
Over/Under
1-Jul-24 N
C.O. #2:

Furnish and Install Handrails to comply with
ADA sidewalk 21-Oct-24 N
Total C.O.:

Additional Appropriations
Source Amount Date
None
Total Construction
Amount (Base
Contract plus
CO's):

Construction Fund Balance: $6,372.00

$229,221
$22,922
$252,143
$229,221
$10,930.00
$5,620.00
$16,550.00
$245,771.00

Recording Requested By:
___________________________
When Recorded Mail To:
___________________________
___________________________
___________________________
___________________________
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

NOTICE OF COMPLETION
Civil Code §§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the Owner or agent of the Project described below.

2. Owner’s full name is City of Morgan Hill.

3. Owner’s address is 17575 Peak Avenue Morgan Hill, CA 95037.

4. The nature of Owner’s interest in the Project is:

XX Fee ownership __ Lessee __ Other:________________________

5. Construction work on the Project performed on Owner’s behalf is generally described as follows: Renovate 6,080 square feet of office space located at the north end of the Morgan Hill Police Department

6. The name of the original Contractor for the Project is: Jahn Plumbing, Inc.

7. The Project was completed on: November 1, 2024

8. The Project is located at: 16200 Vineyard Boulevard Morgan Hill, CA 95037.

Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct.
__________________________ ________________________________ Signature Date
Scott Creer – City Engineer

4 CITY COUNCIL STAFF REPORT
MEETING DATE: February 19, 2025
PREPARED BY:

Kim Mancera, Deputy City Clerk
APPROVED BY: City Manager
ADOPT ORDINANCE NO. 2362, NEW SERIES, AMENDING VARIOUS
CODE PROVISIONS WITHIN TITLE 18 (ZONING) OF THE MUNICIPAL

CODE OF THE CITY OF MORGAN HILL IMPLEMENTING UPDATES TO

ACCESSORY DWELLING UNIT PROVISIONS TO COMPLY WITH
SENATE BILL 477 AND SENATE BILL 1211; IMPLEMENTING

REPRODUCTIVE HEALTH COMMUNITY CLINICS BY-RIGHT TO
COMPLY WITH ASSEMBLY BILL 2085; UPDATES TO PARKING
PROVISIONS TO COMPLY WITH ASSEMBLY BILL 2097; AND

IMPLEMENTING MINOR AMENDMENTS DUE TO CLERICAL ERRORS

AND INCONSISTENCIES

RECOMMENDATION(S)
Waive the reading, adopt Ordinance No. 2362, New Series, and declare that said title, which appears on the agenda, shall be determined to have been read by title and further reading waived.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Protecting the Environment and Preserving Open Space and Agricultural Land Supporting our Youth, Seniors, and Entire Community
Fostering a Positive Organizational Culture
Enhancing Diversity and Inclusiveness
2024-2025 Strategic Priorities
Affordable Housing and Homelessness
Economic Development and Tourism
Healthy Community
Guiding Documents
Climate Action Plan
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

On January 15, 2025, the City Council introduced Ordinance No 2362, New Series, by the following roll call votes: Ayes: Turner, Vega, Librers, Iwanaga, Martinez Beltran;

4 Noes: None; Abstain: None; Absent: None;
Staff regularly brings forward minor amendments as necessary to enhance, correct, and/or refine the Code. The purpose of the Ordinance is to implement and correct the following items:
• Amending the Zoning Code to be consistent with State Law to comply with Senate Bill 477, Senate Bill 1211, Assembly Bill 2085, and Assembly Bill 2097 regarding accessory dwelling unit provisions, reproductive health community clinics, and updates to parking provisions;
• Update other varying Sections within Title 18 (Zoning) due to miscellaneous corrections and clerical errors.

COMMUNITY ENGAGEMENT:

Inform.

A 10-day public hearing notice was published in the Morgan Hill Times on Friday, January 3, 2025, pursuant to Government Code Sections 65090-65096. The notice was also provided on the website, via email, and social media with the City's 411 distribution.

On December 10, 2024, the Planning Commission held a public hearing regarding the proposed Municipal Code amendments, and a 10-day public hearing notice was published in the Friday, November 29, 2024, edition of the Morgan Hill Times.

ALTERNATIVE ACTIONS:

Not Applicable.

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 December 18, 2019, the City Council adopted Ordinance No. 2313 N.S. to update Chapter 18.84 (Accessory Dwelling Units) of Title 18 (Zoning) to implement changes to accessory dwelling units (ADUs) pursuant to Assembly Bill 68, Assembly Bill 881, and Senate Bill 13.

On September 6, 2023, the City Council unanimously adopted Ordinance No. 2348, establishing Chapter 18.29 (Monterey Corridor Form-Based Code) of Title 18 (Zoning).

On December 10, 2024, the Planning Commission considered and recommended, unanimously, the City Council approve the proposed draft Ordinance.

FISCAL AND RESOURCE IMPACT:

Staff regularly brings forward municipal code amendments as necessary to enhance, correct, and/or refine the Code; and therefore, the cost is borne, and work is

4 accommodated, within the respective division's annual workplan and budget.

CEQA (California Environmental Quality Act):

The proposed amendments are categorically exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. The proposed project is covered by the common-sense exemption that CEQA applies only to projects that have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed project will not result in any direct impact upon the physical environment. Any development that occurs in the future subject to such standards will undergo an independent analysis per the requirements of CEQA.

ORDINANCE NO. 2362, NEW SERIES

AN ORDINANCE OF THE CITY OF MORGAN HILL

AMENDING VARIOUS CODE PROVISIONS WITHIN
TITLE 18 (ZONING) OF THE MUNICIPAL CODE OF THE

CITY OF MORGAN HILL IMPLEMENTING UPDATES TO

ACCESSORY DWELLING UNIT PROVISIONS TO
COMPLY WITH SENATE BILL 477 AND SENATE BILL
1211; IMPLEMENTING REPRODUCTIVE HEALTH

COMMUNITY CLINICS BY-RIGHT TO COMPLY WITH
ASSEMBLY BILL 2085; UPDATES TO PARKING
PROVISIONS TO COMPLY WITH ASSEMBLY BILL 2097;

AND IMPLEMENTING MINOR AMENDMENTS DUE TO

CLERICAL ERRORS AND INCONSISTENCIES

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

Section 1. Section 18.12.080 (Setbacks) of Chapter 18.12 (Rules of Measurement) of Title 18 (Zoning) is hereby amended to read as follows:

A. Required Setback Area. Required setback areas shall be kept free of buildings and structures. Except as otherwise permitted, required setback areas shall be used only for landscaping, pedestrian walkways, driveways, uncovered off-street parking, recreational activities, or similar accessory activities.

B Setback Measurements. Setback distances shall be measured at right angles from the designated property line (e.g., front, interior side, street-side, rear) establishing a setback area line parallel to the designated property line at the required setback distance. See Figure

18.12-4. Designated property lines are determined as follows:

1. Front Property Line. The front property line shall be the narrowest property line which abuts a public or private street easement or drive-aisle. For corner lots, the front property line shall be the shortest street frontage, regardless of where the front door is located. For flag lots, the front property line shall be the property line that abuts the access corridor.

2. Rear Property Line. The rear property shall be the property line which is opposite and most distant from the front property line and most parallel to the front property line.

3. Side Property Line. The side property line shall be those property lines that are not the front or rear property lines.

4. Street Side Property Line. The street side property line shall be those side property lines that abuts a public or private street.

City of Morgan Hill
Ordinance No. 2362, New Series

Figure 18.12-4: Setbacks

City of Morgan Hill
Ordinance No. 2362, New Series

C. Planned Street Widening. Where a lot abuts a street designated for a future widening, required minimum setbacks shall be measured from the edge of the planned future right-ofway.

D. Future Street Right-of-Way. Where a future street right-of-way is planned or established, required minimum setbacks shall be measured from property lines that define the edge of the future right-of-way.

E. Alleys.

1. If side lot line abuts an alley, the lot line shall be treated as interior side lot line for the purpose of establishing minimum required setbacks.

2. The width of an adjoining alley is not included in the measurement of a required setback.

F. Irregularly Shaped Lots. Where the side lot lines converge to a point at the rear of the lot and make an angle ninety degrees or less, a line ten feet long within the lot, parallel to and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear setback area. Where the angle created by the convergence of two side lot lines at the rear of the lot is greater than ninety degrees, a line ten feet long measured from the point of convergence and perpendicular to the front lot line shall establish the location of the required rear setback line. See Figure 18.12-4.

Figure 18.12-4: Rear Lot Lines for Irregularly Shaped Lots G. Double-Frontage Lots. The location of the front and rear yard setbacks on double-frontage lots shall be determined by the development services director based on the placement of existing buildings on adjacent lots.

City of Morgan Hill
Ordinance No. 2362, New Series

H. Measuring Structure Distance from Lot Lines. The distance of a structure from a lot line shall be measured as the distance between the lot line and the closest point on the exterior of a building or structure along a line at right angles to the lot line. See Figure 18.12-5.

Figure 18.12-5: Measuring Structure Distance from Lot Lines Section 2. Table 18.18-2 (Residential Attached Low Density Development Standards) within Section 18.18.030 (Development Standards) of Chapter 18.18 (Residential Attached Zoning Districts) of Title 18 (Zoning) is hereby amended to read as follows:

Table 18.18-2: Residential Attached Low Density Development Standards Residential Attached Low Density Subzones
RAL-3,500 RAL-3,000 Additional Standards
Site Requirements
Lot Area, Minimum
Duplex lots 7,000 sq. ft. 6,000 sq. ft.

Duplex corner lots 7,500 sq. ft. 6,500 sq. ft.

Duet lots 3,500 sq. ft. 3,000 sq. ft.

Duet corner lots 3,750 sq. ft. 3,250 sq. ft.

Multifamily and
other uses
3,500 sq. ft. 3,000 sq. ft.

Lot Width, Minimum
Duplex lots 70 ft. 70 ft.

Duplex corner lots 80 ft. 80 ft.

Duet and singlefamily attached lots 30 ft. 30 ft.

Duet and singlefamily attached corner 40 ft. 40 ft.

18.18.030.D

City of Morgan Hill
Ordinance No. 2362, New Series

lots
Other uses allowed in
Table 18.18-1
50 ft. or as determined through the Conditional
Use Permit
Lot Depth, Minimum 85 ft. 85 ft.

Building Coverage,
Maximum
50% 50%
Site Area per
Dwelling Unit,
minimum
3,500 sq. ft. 3,000 sq. ft.

Structure
Requirements
Setbacks, Minimum 18.56.030
Front 20 ft. 20 ft. 18.18.030.E
Rear 15 ft.; or 20 ft. for
two-story, located
adjacent to a singlefamily district
15 ft.; or 20 ft. for
two-story, located
adjacent to a singlefamily district
Interior Side 5 ft. [1] 5 ft. [1]
Street Side 15 ft. 15 ft.

Height, Maximum 30 ft. 30 ft. 18.56.020
Notes:
[1] A zero-foot setback is acceptable for Duets along the property line on the shared building wall.

Section 3. Table 18.18-3 (Residential Attached Medium Density and High Density Development Standards) within Section 18.18.030 (Development Standards) of Chapter 18.18 (Residential Attached Zoning Districts) of Title 18 (Zoning) is hereby amended to read as follows:

Table 18.18-3: Residential Attached Medium Density and High Density Development Standards RAM RAH Additional Standards
Site Requirements
Lot Area, Minimum 6,000 sq. ft.;
4,500 sq. ft. for
corner lots
6,000 sq. ft.;
6,500 sq. ft. for
corner lots
Lot Width, Minimum 60 ft. 40 ft.

Lot Depth, Minimum 85 ft. 75 ft.

18.18.030.D

City of Morgan Hill
Ordinance No. 2362, New Series

Building Coverage,
Maximum
60% 60%
Site Area per
Dwelling Unit,
Minimum
2,000 sq. ft. 1,100 sq. ft.

Structure
Requirements
Setbacks, Minimum 18.56.030
Front 15 15 18.18.030.E
Rear 20 15
Interior Side 5 [1] 5 [1]
Street Side 15 15
Height, Maximum 3 stories or 40 ft.,
whichever is less;
min. 10 ft. for roof
element on 3 story
structure
3 stories or 40 ft.,
whichever is less;
min. 10 ft. for roof
element on 3 story
structure

18.56.020
Notes:
[1] A zero-foot setback is acceptable for Duets along the property line on the shared building wall.

Section 4. Table 18.24-1 (Permitted Land Uses in the Commercial Zoning Districts) within Section 18.24.020 (Land Use Regulations) of Chapter 18.24 (Commercial Zoning Districts) of Title 18 (Zoning) is hereby amended to read as follows:

Table 18.24-1 Permitted Land Uses in the Commercial Zoning Districts Key
P Permitted Use
A Administrative Use Permit
required
C Conditional Use Permit
required
— Use not allowed
Zoning District Additional
Regulations

CO CN CG CH CS
Residential Uses

City of Morgan Hill
Ordinance No. 2362, New Series

Caretaker Quarters — — C — C
Nursing Homes and Long-Term
Care
C C C — —
Residential Care Facilities — C — — —
Public and Quasi-Public Uses
Colleges and Trade Schools — C C — —
Community Assembly C C C — —
Cultural Institutions C C C — C
Day Care Centers — C A — C
Government Offices — P P — C
Instructional Services P A A A A
Medical Offices and Clinics P P P A [4] C [4]
Schools, Public and Private C C C — —
Social Services C C C — C
Commercial Uses
Animal-Related Uses —
Animal Boarding — C C — C
Cat Café — — P — — Title 6
Veterinarian Clinics and
Hospitals

P A A A P
Banks and Financial Institutions P P P P P
Business Support Services — P P P P
Cinemas and Theatres — A A A A
Commercial Recreation, Indoor
≤ 15,000 sq. ft. C P P P P
> 15,000 sq. ft. — C C C C
Drive-Through and Drive-In
Facilities
C C C C C 18.92.040
Eating and Drinking Uses
Bars and Nightclubs — C C — —
Restaurants, Fast Food — C P P C

City of Morgan Hill
Ordinance No. 2362, New Series

Restaurants, Sit-Down — C P P C
Tasting Rooms — C A P C
Funeral Parlors and Mortuaries — — C — C
Lodging Facilities
Hotels and Motels — C A P A
Mini-Storage — — C — C
Personal Services P P P — C
Plant Nurseries — — C — P
Professional Offices P P P P P
Retail Uses
Convenience Markets — C C C C
Convenience Market with Fuel
and Service Station
— C C C C
General Retail — P P P C
Home Improvement Centers — — P — P
Liquor Store — C C C C
Large Commodity Retail — — C — C
Vehicle-Related Uses
Convenience Market with Fuel
and Service Station
— C C C C
Fuel and Service Stations — C C C C
Towing and Impound — — — — C
Vehicle Rentals — C [2] C [2] P P
Vehicle Repair and Maintenance,
Minor
— — C — P
Vehicle Sales and Leasing — C [1] C [1] P P
Vehicle Washing — C C C C
Wholesaling — — C — P
Industrial Uses
Construction and Material Yards — — — — C
Food and Beverage Production

City of Morgan Hill
Ordinance No. 2362, New Series

< 5,000 sq. ft. [3] — A A A A
5,000 sq. ft. to 10,000 sq. ft. [3] — A A C A
> 10,000 sq. ft. — — — — C
Research and Development — — — — C
Warehousing and Distribution,
Large and Small
— — — — C
Transportation, Communication,
and Utility Uses
Freight Terminals and Transfer — — — C —
Light Fleet-Based Services — C C — C
Parking Lots and Structures — — C — C
Recycling Facilities
Reverse Vending Machine — C C C C
Recycling Collection Facility — — — — C
Transportation Terminals — — — C
Utilities, Major — — C — C
Wireless Communications
Facilities
See Chapter 18.96
Other Uses
Accessory Uses See Chapter 18.44
Temporary Uses See Section 18.92.150
Notes:
[1] Allowed only when conducted entirely within an enclosed building without outdoor storage and display of vehicles.
[2] Vehicles stored outdoors must be fully screened from public view. [3] On-site wholesale or retail sales required.
[4] Reproductive health community clinics consistent with Government Code Section 65914.900 are permitted by right.

Section 5. Table 18.29-2 (Permitted Land Uses in the Form-Based Zoning Districts) within Section 18.29.070 (Land Use Standards) of Chapter 18.29 (Monterey Corridor Form-Based Code) of Title 18 (Zoning) is hereby amended to read as follows:

Table 18.29-2 Permitted Land Uses in the Form-Based Zoning Districts

City of Morgan Hill
Ordinance No. 2362, New Series

P = Permitted Use
A = Administrative Use Permit required (See Section 18.108.020 (Administrative Use Permits)) C = Conditional Use Permit required (See Section 18.108.030 (Conditional Use Permits)) T = Temporary Use Permit required (See Chapter 18.108.090 (Temporary Use Permits)) - = Use not permitted
Land Use Permit Required by Zone

FB-N FB-C FB-UG
Additional
Regulations
Residential Uses
Accessory Dwelling Unit (ADU) P P P See Chapter 18.84
Duplex/Duet P P P See Subsection

18.29.100.D
Group Housing P P P
Live/Work Unit P P P
Mixed-Use Residential P P P
Multi-Family Dwellings P P P See Subsection

18.29.070.C.3
Nursing Homes and Long-Term
Care
C C C
Residential Care Facilities P P P
Residential Care Facilities, Small P P P
Senior Housing, Independent
Living
P P P
Single-Family Attached Dwelling P P P
Single-Family Detached Dwelling P - -
Public and Quasi-Public Uses
College and Trade Schools C P P

City of Morgan Hill
Ordinance No. 2362, New Series

Community Assembly C C C
Cultural Institutions A A A
Day Care Centers C C C
Emergency Shelters C C C See Section 18.92.050
Government Offices A A A
Home Day Care, Large P P P
Home Day Care, Small P P P
Hospitals - C C
Instructional Services A P P
Medical Offices and Clinics A P P
Park and Recreational Facilities P P P
Public Safety Facilities C C C
Schools, Public and Private C C C
Social Services C C C
Commercial Uses
Cat Café P P P See Title 6
Veterinarian Clinics and Hospitals C C C
Banks and Financial Institutions P P P
Business Support Services P P P
Cinemas and Theaters A A P
Commercial Recreation, Indoor
≤ 15,000 sq. ft. A P P
> 15,000 sq. ft. A A A

City of Morgan Hill
Ordinance No. 2362, New Series

Drive-Through Facilities - C C See Subsection

18.29.070.C.2
Eating and Drinking Uses
Bars and Nightclubs - C C
Restaurant, Fast Food C P P
Restaurant, Sit Down P P P
Tasting Rooms A P P
Farmers Markets A A A
Lodging Facilities
Bed and Breakfast P P P
Hotels and Motels C C C
Personal Services A P P
Professional Offices A P P
Retail
Convenience Market A P P See Section 18.92.030
General Retail A P P
Vehicle-Related Uses
Fuel and Service Station - - C
Vehicle Rentals - - C
Vehicle Washing - - C
Industrial Uses
Food and Beverage Production
< 5,000 sq. ft.1 - P P
5,000 sq. ft. to 10,000 sq. ft.1 - C C

City of Morgan Hill
Ordinance No. 2362, New Series

Transportation, Communication, and Utility Uses
Parking Lots or Structures2 C C C
Recycling Facilities
Reverse Vending Machines - C C
Transportation Terminals - - -
Wireless Communication
Facilities
See Chapter 18.96
Other Uses
Accessory Use(s) See Chapter 18.44
Home Occupations See Section 18.92.060
Temporary Use(s) See Section 18.92.150
Urban Agriculture
Community Garden A A A
Home Gardens P P P
Urban Farm C C C
Notes:

1. On-site wholesale or retail sales required.

2. When proposed as a primary use.

Section 6. Table 18.40-2 (Medium Density Residential Development Standards) within Section 18.40.050 (Development Standards) of Chapter 18.40 (Alternative Standards for Medium Density Residential Development) of Title 18 (Zoning) is hereby amended to read as follows:

Table 18.40-2: Medium Density Residential Development Standards Housing Type
Duet Courtyard SFD TH Duplex Multi

City of Morgan Hill
Ordinance No. 2362, New Series

Lot Area (min sq. ft.) [1] [2] 3,000 1,920—
2,999
4,500—
5,500
1,440—
3,999
6,000 6,000
Lot Width (min) 30 ft. 24 ft. 40 ft. 24 ft. 60 ft. 60 ft.

Lot Depth (min) 85 ft. 60 ft. 80 ft. 60 ft. 85 ft. 85 ft.

Lot Coverage (max) [3] 50% 45% N/A 55% 1 story:
40%
2+
story:
50%
60%
Floor Area Ratio (max) N/A N/A 52% N/A N/A N/A
Height See base zoning district
Setbacks
Front [4] 10 ft. N/A 15 feet N/A 20 ft. 15
Interior Side 3 ft. [5] 5 ft. [7] 4 ft. [6] N/A 5 ft. [7] 5 ft.

Street Side 6 ft. 5 ft. 8 ft. 5 ft. 10 ft. 15 ft.

Rear 10 ft. N/A 15 ft. N/A 15 ft. 20 ft.

Notes:
[1] Subject to the density requirements specified in the General Plan. [2] Standards are for individual lots and not for the subdivision as a whole. [3] Lot coverage limits apply to individual, subdivided parcels and to accessory structures as well as the primary residential structure on the site. Development in the RAL and RAM zoning districts is also subject to an aggregate lot coverage limit for the entire subdivision. See Section

18.18.060.A.
[4] Additional requirements apply for street-facing garages. See Section 18.40.070.H.7. [5] A zero-foot setback is acceptable for Duets along the property line on the shared building wall
[6] A reduced setback (as low as zero feet) is acceptable on one side yard; provided, that the sum of both side yard setbacks is at least eight feet.
[7] A reduced setback (as low as zero feet) is acceptable on one side yard; provided, that the sum of both side yard setbacks is at least ten feet.

Section 7. Subsection A of Section 18.44.030 (Accessory Structures in Residential Zoning

City of Morgan Hill
Ordinance No. 2362, New Series

Districts) of Chapter 18.44 (Accessory Structures and Uses) of Title 18 (Zoning) is hereby amended to read as follows:

A. Applicability. This section applies to the following types of accessory structures in residential zoning districts.

1. Roofed structures, including, but not limited to, detached garages, carports, sheds, shade structures, play structures, covered dog enclosures, and gazebos, over seven feet in height and/or one hundred twenty square feet in size.

2. Detached open, unroofed, and roofed structures such as decks.

3. Trellises and other similar structures over seven feet in height.

4. Mechanical equipment and mechanical equipment enclosures such as solar panels and water storage tanks, heating, and air conditioning equipment, and other similar mechanical equipment detached from the main building on the site.

5. Pools, spas and hot tubs.

6. Ponds eighteen inches or more in depth.

7. Fireplaces, barbeque structures, statuary, fountains, and other similar ornamental features.

Section 8. Subsection B of Section 18.44.030 (Accessory Structures in Residential Zoning Districts) of Chapter 18.44 (Accessory Structures and Uses) of Title 18 (Zoning) is hereby amended to read as follows:

B. Limitation on Use.

1. Accessory structures may not be used as living space which is heated and/or cooled.

2. Accessory structures, including pool houses, may be equipped with a half bath only (toilet and sink).

3. An accessory structure that does not comply with these use limitations shall be considered an accessory dwelling unit subject to the requirements of Chapter 18.84 (Accessory Dwelling Units).

Section 9. Subsection A of Section 18.64.070 (Landscaping Maintenance and Enforcement) of Chapter 18.64 (Landscaping) of Title 18 (Zoning) is hereby amended to read as follows:

A. Maintenance Required.

1. Approved Plans. Landscaping shall be maintained consistent with the plans approved as part of the design permit. Any significant alteration to the landscaping requires development services director’s approval.

2. Dead and Dying Plants. All landscaping shall be maintained free of physical damage or injury from lack of water, excess chemical fertilizer or other toxic chemical, blight or disease. Dead or dying plants shall be removed and replaced with landscaping of similar size and maturity.

3. Weed Removal. Landscaping shall be kept free from weeds and undesirable grasses.

City of Morgan Hill
Ordinance No. 2362, New Series

4. Tree Pruning. Trees shall be allowed to grow their natural size and shape. Periodic pruning shall be as appropriate for the health of the tree species and may not exceed twenty-five percent of the tree height or volume at any given time unless the development services director approves a tree removal permit in accordance with Municipal Code Chapter 12.32.

5. Tree Topping/Heading Cuts. Topping/heading cuts that reduce a tree's size and height by shortening of limbs or branches back to a predetermined crown limit is prohibited unless the development services director approves a tree removal permit in accordance with Municipal Code Chapter 12.32 (Protected and Significant Trees).

Section 10. Subsection G is hereby added to Section 18.72.030 (Required Parking Spaces) of Chapter 18.72 (Parking and Loading) of Title 18 (Zoning) to read as follows:

G. Parking Not Required within One-Half Mile of a Major Transit Stop.

1. Minimum parking requirements identified within this Section shall not be required within one-half mile of a major transit stop as defined in Public Resources Code Section 21155.

2. The city may impose minimum parking requirements within one-half mile of a major transit stop if written findings are made that not imposing or enforcing minimum parking requirements on the development would have a substantially negative impact on any of the following:
a. The city’s ability to meet its share of the regional housing need for low- and very low-income households.
b. The city’s ability to meet any special housing needs for the elderly or persons with disabilities.
c. Existing residential or commercial parking within one-half mile of the housing development project.

3. For a housing development project, Subdivision 18.72.030.G.2 shall not apply if the housing development project satisfies any of the following:
a. The development dedicates a minimum of twenty percent of the total number of housing units to very low-, low-, or moderate-income households, students, the elderly, or persons with disabilities.
b. The development contains fewer than twenty housing units. c. The development is subject to parking reductions based on the provisions of any other applicable law.

4. Notwithstanding the above, an event center shall provide parking for employees and other workers.

5. This subsection shall not apply to hotels, motels, bed and breakfasts, or other transient lodging.

City of Morgan Hill
Ordinance No. 2362, New Series

6. This subsection shall not reduce, eliminate, or preclude new multi-family residential or non-residential development to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities.

Section 11. Section 18.84.010 (Purpose) of Chapter 18.84 (Accessory Dwelling Units) of Title 18 (Zoning) is hereby amended to read as follows:

This chapter establishes standards for the location and construction of accessory dwelling units and junior accessory dwelling units (jointly referred to "accessory units" in this chapter) in conformance with Government Code Sections 66314 through 66332 and 66333 through 66339, respectively. These standards are intended to allow for accessory units as an important form of affordable housing while preserving the character and integrity of residential neighborhoods in Morgan Hill, and to comply with State law.

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

A. General.

1. Accessory units are subject to the same requirements that apply to primary dwellings on the same lot in the applicable zoning district except as specified in this section.

2. An accessory dwelling unit shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density, building coverage, or floor area ratio for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot.

B. Number of Accessory Units.

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

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

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

C. Relationship to Primary Dwelling.

City of Morgan Hill
Ordinance No. 2362, New Series

1. An accessory dwelling unit may be within, attached to, or detached from the primary dwelling. Attachment to the primary dwelling shall be by sharing a common interior wall or common roof. No passageway (as defined in Government Code Section 66313(i)) is required in conjunction with the construction of an accessory dwelling unit.

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

3. The city shall allow junior accessory dwelling units as defined in Government Code Section 66313(d) to be constructed within the walls of the proposed or existing single-family residence with a separate entrance from the main entrance to the primary dwelling, an efficiency kitchen (consisting of a cooking facility with appliances, a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit) and shared or independent bathroom facilities. If a junior accessory dwelling unit does not include a separate bathroom from the single-family residence, the junior accessory dwelling unit shall include an interior entry to the main living area of the single-family residence.

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

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

D. Maximum Unit Size.

1. Except as specified in this subsection, Table 18.84-1 identifies the maximum floor area for detached and attached accessory dwelling units.

Table 18.84-1: Maximum Accessory Dwelling Unit Floor Area Zoning District Maximum Floor Area
RE 10 1,200 sq. ft.

RE 2.5 1,000 sq. ft.

RE 1 900 sq. ft. (1 bedroom)
1,000 sq. ft. (2 or more bedrooms)
All other zoning
districts
850 sq. ft. (1 bedroom)
1,000 sq. ft. (2 or more bedrooms)

2. The maximum floor area of junior accessory dwelling units shall be five hundred square feet.

3. The conversion of an existing accessory structure to an accessory dwelling unit, within the same location and to the same dimensions as the existing accessory structure, is not subject to unit size requirements.

4. An accessory dwelling unit or junior accessory dwelling unit created within an existing accessory structure or a portion of the existing or proposed single-family

City of Morgan Hill
Ordinance No. 2362, New Series

dwelling may be expanded up to one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure to accommodate ingress and egress only.

5. An attached accessory dwelling unit permitted within the front yard setback, pursuant to Subsection E of this Section, shall be limited to 800 square feet.

E. Property Line Setbacks.

1. No setback is required for an existing accessory structure or living area as defined by Government Code Section 66313 that is converted to an accessory dwelling unit.

2. No setback is required for an accessory dwelling unit constructed in the same location and the same footprint as an existing accessory structure.

3. A minimum setback of four feet from the side and rear property lines is required for an accessory dwelling unit.

4. An attached or detached accessory dwelling unit shall comply with the front setback requirements of the applicable zoning district. If an attached or detached accessory dwelling unit of at least eight hundred square feet in size is not permitted due to front, side, and rear setback requirements, then an attached accessory dwelling unit may be permitted within the front setback that complies with Section 18.92.080 (Intersection Sight Distance).

F. Height.

1. An attached accessory dwelling unit shall be limited to twenty-five feet in height or the height limitation of the applicable zoning district, whichever is less.

2. A detached accessory dwelling unit that does not comply with the side and rear setbacks of the applicable zoning district shall be limited to sixteen feet in height, unless any of the following applies:
a. On a lot within one-half mile walking distance of a major transit stop or a highquality transit corridor, as defined in Section 21155 of the Public Resources Code, a detached accessory dwelling unit up to eighteen feet in height, and an additional two feet in height to accommodate a roof pitch, is permitted. b. On a lot with an existing or proposed multifamily, multi-story dwelling, a detached accessory dwelling unit up to eighteen feet in height is permitted.

G. Parking.

1. Except as specified in this subsection, required minimum on-site parking for accessory dwelling units shall be one parking space per accessory dwelling unit. Onsite parking spaces for accessory dwelling units may be covered or uncovered and may be located within the front, side or rear setback areas (may be tandem).

2. No off-street parking is required for an accessory dwelling unit in the following cases:
a. The accessory dwelling unit is located within one-half mile walking distance of public transit.

City of Morgan Hill
Ordinance No. 2362, New Series

b. The accessory dwelling unit is located within an architecturally and historically significant historic district.
c. When an accessory dwelling unit is constructed within the primary residence or an accessory structure.
d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
e. When there is a car share vehicle pick-up/drop-off location within one block of the accessory dwelling unit.

3. When an existing garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, the on-site parking spaces are not required to be replaced.

4. On-site parking spaces are not required for junior accessory dwelling units.

H. Design. The design of accessory units shall be compatible with the design and scale of the primary dwelling (using substantially the same landscaping, color, materials and design on the exterior) and the general character of the neighboring residential properties.

I. Doors and Windows. Openings (e.g., doors and windows) on exterior walls that are closest to and face adjacent residentially-zoned properties shall be designed to minimize privacy impacts and maintain access to light and ventilation on adjacent properties.

J. Utility Connections.

1. General. An accessory unit shall not be considered a new residential use for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service unless constructed in conjunction with a new single-family residence.

2. Accessory Units in Existing Space. For accessory units within an existing primary dwelling, garage, or other accessory structure, the city shall not require an applicant to install a new or separate utility connection directly between the accessory unit and the utility or impose a related connection fee or capacity charge.

3. Attached and Detached Accessory Dwelling Units. Consistent with Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

4. Fire Sprinklers. The installation of fire sprinklers shall not be required in an accessory unit if sprinklers are not required for the primary residence.

K. Septic Tank Disposal System.

1. In areas where septic tank disposal systems are allowed due to lack of sanitary sewer lines, detached accessory dwelling units shall be served by separate and independent septic tank sewage disposal systems. All leach lines shall be designed and installed in

City of Morgan Hill
Ordinance No. 2362, New Series

accordance with current septic system requirements of the Santa Clara County Environmental Health Services.

2. In other areas of the city, accessory dwelling units shall be connected to the sanitary sewer system through the existing lateral line serving the primary dwelling unit.

Section 13. Subsection G of Section 18.88.020 (Definitions) of Chapter 18.88 (Signs) of Title 18 (Zoning) is hereby amended to read as follows:

G. Types of Signs.

1. A-Frame Sign. A portable sign with two opposing flat faces designed to be selfsupporting on the ground.

2. Awning Sign. A sign incorporated into, attached, or painted on the face or valance of an awning.

3. Banner Sign. A sign composed of lightweight, flexible, non-rigid material either enclosed or not enclosed in a rigid frame.

4. Beacon Sign. A beam of light designed to draw attention to a particular location.

5. Changeable Copy Sign. A sign with copy that that can be changed or rearranged electronically or manually without altering the face or surface of the sign.

6. Directional Signs. A sign that provides directions to a place, structure or use, excluding signs installed by a public agency.

7. Directory Sign. A sign which lists and identifies the location of the occupants of a multi-tenant building or site.

8. Hospital Sign. A sign for a medical facility providing patient services primarily on an in-patient basis.

9. Inflatable Balloon Sign. A sign consisting of a flexible envelope of nonporous materials that gains its shape from inserted air or other gas.

10. Feather Sign. A sign composed of durable lightweight fabric with a sturdy frame enclosing only a portion of the material’s edge so that it can remain upright and still be flexible in the breeze, generally shaped to be tall and narrow when affixed into the ground or other bottom support, affixed to a pole. Includes Teardrop Signs.

11. Flags. Fabric, textile, or material with colors and/or patterns which display a symbol of a nation, state, company, or idea.

12. Freeway-Oriented Sign. A sign intended to be viewed primarily by motorists traveling on Highway 101.

13. Freestanding Sign. A sign attached to an independent, freestanding structure that is

City of Morgan Hill
Ordinance No. 2362, New Series

not attached to a building.

14. Marque Sign. A sign made a part of or in any manner attached to a marquee.

15. Monument Signs. A freestanding sign that is supported by a solid-appearing base constructed of permanent material.

16. Pole Sign. A freestanding sign that is supported by one or more poles which do not have a solid-appearing base constructed of permanent material.

17. Political Sign. A temporary sign that encourages a particular vote in a scheduled election.

18. Post Sign. A temporary sign suspended from a horizontal swingpost that is attached to a vertical post mounted in the ground.

19. Projecting Sign. A sign permanently attached to a building or wall such that the sign face or faces are perpendicular to the building or wall.

20. Property Identification Sign. A sign identifying the name of a residential property or subdivision with ten or more units.

21. Roof Signs. A sign erected upon, against, or directly above a roof above the parapet of a building.

22. Site Sign. A temporary sign allowed on sites with uses under construction or not yet occupied.

23. Suspended Sign. A sign attached to or suspended from the underside of an arcade, canopy, or marquee and oriented to pedestrian traffic.

24. Wall Sign. A sign attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.

25. Window Sign. A sign posted, painted, placed, or affixed in or on a window exposed to public view.

Section 14. Subsection A of Section 18.88.040 (Signs Allowed Without Permits) of Chapter

18.88 (Signs) of Title 18 (Zoning) is hereby amended to read as follows:

A. Types of Signs. The following signs are exempt from the permit requirements of this chapter and shall not be counted towards the allowable sign area or number of signs on a parcel:

1. A-Frame Signs. Each commercial business location shall be permitted one A-frame sign per street frontage. The sign shall not exceed four feet in height or a width of three feet, shall be unlighted, and shall be stored indoors during non-business hours.

A multiple-occupancy building shall constitute one business location for the purpose

City of Morgan Hill
Ordinance No. 2362, New Series

of determining the number of signs permitted. A-frame signs shall not obscure or visually impair vehicular traffic and shall not be placed within a public right-of-way or on publicly owned property or affect access to a structure.

2. Alley and Service Area Signs. Signs fronting an alley or service area mounted flat against a wall and not exceeding twenty-five square feet in aggregate area.

3. Commemorative Plaques. One commemorative plaque identifying a building name, date of construction, or similar information that is cut into, carved, or made of stone, concrete, metal, or other similar permanent material.

4. Decorations. Holiday and cultural observance decorations on private property which do not include any commercial advertising.

5. Directional Signs. On-site directional signs located entirely on the property to which they pertain, identifying direction to parking, restrooms, and similar public facilities, each not exceeding five feet in height and five square feet in area for non-residential uses and two square feet for residential uses.

6. Directory Signs. One directory sign per street frontage as follows:
a. Maximum area: One square foot per tenant up to twenty-four square feet. b. Maximum height: Six feet if freestanding.
c. Internal illumination prohibited.

7. Feather Signs. Up to three feather signs may be allowed for thirty days after the initial opening (i.e. grand opening) of a business or housing development. The sign shall not exceed nine feet in height or a width of three feet and shall be unlighted. The signs shall not obscure or visually impair vehicular traffic and shall not be placed within a public right-of-way or on publicly owned property or affect access to a structure.

8. Flags. Flags bearing noncommercial messages or graphic symbols as follows:
a. No more than three flags are permitted per parcel.
b. For flags flown on a flagpole longer than six feet, the longest dimension of the flag shall not exceed one-third the height of the flagpole; otherwise the longest flag dimension shall not exceed six feet.

9. Government Signs. Signs installed by a governmental agency, including signs advertising community activities and local nonprofit, civic, or fraternal organizations.

10. House Number and Nameplates. House numbers and nameplates up to four square feet for each residential dwelling.

11. Informational Signs. Signs with information for the safety and convenience of the

City of Morgan Hill
Ordinance No. 2362, New Series

public such as address, hours and days of operation, whether a business is open or closed, no smoking notices, up to three square feet per sign and ten square feet in total.

11. Internal Signs. Signs within a building, or on the premises of a building, that are not visible from the public right-of-way and are intended for interior viewing only.

12. No Trespassing Signs. "No trespassing" signs, each not more than one square foot in size, placed at each corner and each entrance to property, and at intervals of not less than one hundred feet, or in compliance with the requirements of state or federal law.

13. Non-Commercial Bulletin Boards. One bulletin board on a parcel occupied by a noncommercial place of public assembly, with a maximum area of twelve square feet.

14. Political Signs. Temporary political signs consistent with Section 18.88.120 (Temporary Signs) that are generally placed not sooner than 90 days prior to the scheduled election and are typically removed within 10 days after that election and has a statement of responsibility filed with the city certifying a person who will be responsible for removing the temporary political sign and who will be responsible for any incurred violations of this Chapter.

15. Real Estate Listings. Real estate listings posted in the window of a real estate office, with a maximum area of twenty-five percent of the total window area.

16. Restaurant Menu Signs. Restaurant menu signs attached to a building, with a maximum area of three square feet.

17. Temporary Signs. Temporary signs consistent with Section 18.88.120 (Temporary Signs).

18. Traffic-Control Devices. Official traffic-control devices in accordance with Municipal Code Chapter 10.16 (Traffic-Control Devices)
Section 15. Subsection A of Section 18.88.120 (Temporary Signs) of Chapter 18.88 (Signs) of Title 18 (Zoning) is hereby amended to read as follows:

A. Residential Zoning Districts. Temporary signs in residential zoning districts shall comply with the standards in Table 18.88-1.

Table 18.88-1: Temporary Residential Sign Standards
Type of Temporary Sign
Window, Wall, Freestanding,
and Post Signs
Site Signs
Number of Signs No max. 1 per property frontage; 2
max.

Area Per Sign 6 sq. ft. max. 32 sq. ft. max.

Area for All Signs Combined 24 sq. ft. max. per parcel 64 sq. ft. max. per site

City of Morgan Hill
Ordinance No. 2362, New Series

Sign Height 6 ft. max. 8 ft. max. sign face, 12 ft.
max. total
Setback from Property Line No min. setback 5 ft. min.

Illumination Not permitted
Duration See 18.88.120.C
Other Requirements — Allowed only on sites with
residential uses under
construction or not yet
occupied.

Section 16. Subsection C of Section 18.88.120 (Temporary Signs) of Chapter 18.88 (Signs) of Title 18 (Zoning) is hereby amended to read as follows:

C. Duration. Temporary signs in all zoning districts shall be removed the earliest of when:

1. A commercial message is obsolete and has become misleading (e.g., a "for lease" or "for sale" sign in front of a building that is leased or sold);

2. The sign falls into disrepair; or

3. The sign has been displayed for the maximum number of days shown in Table 18.88-

3. Table 18.88-3: Temporary Sign Duration Standards
Sign Type and Material Maximum Duration within a twelve (12) month period
Wall, Freestanding, Banner, and Window
Signs
Paper or cardboard sign face 3 months
Laminated paper; plastic lined polyethylene
bags and comparable materials
3 months
Wood, corrugated plastic, metal, or vinyl sign
face
3 months
Post Signs
Wood, corrugated plastic, or metal sign face
and finished wood or metal structure
6 months
Site Signs
Vinyl sign face 1 month

City of Morgan Hill
Ordinance No. 2362, New Series

Corrugated plastic sign face 6 months
Wood or metal sign face 6 months
Section 17. Subsection C of Section 18.88.140 (Violations and Enforcement) of Chapter

18.88 (Signs) of Title 18 (Zoning) is hereby amended to read as follows:

C. Removal of Hazardous and Illegal Signs.

1. The city may immediately remove or cause the removal of any sign that places the public in immediate peril or that is located within the public right-of-way.

2. For illegal signs that do not place the public in immediate peril and are located on private property, the city shall serve the business owner, property owner, or person responsible for the sign a written certified notice that:
a. Describes the physical characteristics of the subject sign. b. Explains the nature of the violation.
c. States that the sign shall be removed or brought into compliance with this article within ten days after the notice is received.
d. States that the city may remove the sign if the business owner, property owner, or person responsible for sign does not correct the violation within ten days after the notice is received.
e. States that the city may destroy the illegal sign if it is not retrieved within ten days after removal by the city.
f. States that the business owner, property owner, or person responsible for sign shall be responsible for all costs associated with the removal, storage, and destruction of the sign.

3. If an illegal sign is not removed or brought into compliance within ten days after a notice is received, the city may issue a citation to the business owner, property owner, or person responsible for the sign as provided in Chapter 18.120 (Enforcement) and Municipal Code Title 1 (General Provisions) and may remove or cause the removal of the sign.

4. Any accessory structures, foundations, or mounting materials which are unsightly or a danger to the public health, safety, and welfare shall be removed at the time of the sign removal.

Section 18. Subsection L of Section 18.124.030 (Public and Quasi-public Uses) of Chapter

18.124 (Land Use Definitions) of Title 18 (Zoning) is hereby amended to read as follows:

City of Morgan Hill
Ordinance No. 2362, New Series

L. Medical Offices and Clinics. Facilities where medical, mental, dental, or other personal health services are provided on an outpatient basis using specialized equipment. Includes offices for physicians, dentists, and optometrists, diagnostic centers, blood banks and plaza centers, and emergency medical clinics offered exclusively on an out-patient basis. May include educational aspects such as medical instruction and/or training as well as house a laboratory, radiology/imaging, pharmacy, rehabilitation and other similar services as accessory uses. Excludes "hospitals." Includes reproductive health community clinics consistent with Government Code Section 6514.900 that provide medical, surgical, counseling, or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy Section 19. Subsection B of Section 18.124.040 (Commercial Uses) of Chapter 18.124 (Land Use Definitions) of Title 18 (Zoning) is hereby amended to read as follows:

B. Animal-Related Uses.

1. Animal Boarding. A facility for keeping, boarding, training, breeding or maintaining four or more dogs, cats, or other household pets not owned by the facility owner or operator. Includes kennels, pet day care, and animal shelters.

Excludes "veterinarian clinics and hospitals" and pet shops that provide grooming service.

2. Cat Café. An establishment whose principal business includes a restaurant/café at which cats may be adopted by patrons during normal business hours and boarded during off-business hours with a maximum of twenty (20) cats permitted at any time on the premises. All cats made available for adoption at the cat café shall be obtained from an animal rescue organization, shall be spayed or neutered, and shall have received all required vaccinations prior to being permitted at the cat café premises. The cat café shall comply with Title 6 (Animals) and the Santa Clara County Department of Environmental Health.

3. Equestrian Centers. A commercial or private facility created and maintained for accommodating, training or competing horses. May includes barn or stables, riding halls, and riding academies.

4. Veterinarian Clinics and Hospitals. Office and medical treatment facilities used by veterinarians where animals receive medical and surgical treatment, including large and small animal veterinary clinics and animal hospitals. Grooming and temporary boarding of animals for thirty days is included if incidental to the hospital use.

Excludes "animal boarding" and pet stores ("retail sales").

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

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

1. Setback. The minimum distance between by which any building or structure must be separated from a lot line, public or private street easements, or drive-aisles.

Section 21. Subsection A of Section 18.152.030 (Definitions) of Chapter 18.152 (Agricultural

City of Morgan Hill
Ordinance No. 2362, New Series

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

A. Agricultural Land. For "agricultural land" that requires off-setting preservation/mitigation under this agricultural lands preservation program, agricultural land is defined as land that is depicted on the current map of the Farmland Mapping and Monitoring Program (FMMP) of the California Department of Conservation as Prime Farmland, Farmland of Statewide Importance, and Unique Farmland and that was not subsequently developed for nonagricultural use prior to August 1, 2014 or subsequently developed per the provisions of this ordinance. Lands identified as grazing land are not subject to the offsetting preservation/mitigation requirements set forth in this policy.

Section 22. 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 23. 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 15TH DAY OF JANUARY, 2025, AND WAS FINALLY ADOPTED AT A MEETING OF THE CITY COUNCIL HELD ON THE 19TH DAY OF FEBRUARY, 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:
______________________________ _______________________________ MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk

City of Morgan Hill
Ordinance No. 2362, 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. 2362, New Series, adopted by the City Council of the City of Morgan Hill, California at their regular meeting held on the 19th day of February, 2025.

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

DATE: _____________________ _____________________________ MICHELLE BIGELOW, City Clerk

5 CITY COUNCIL STAFF REPORT
MEETING DATE: February 19, 2025
PREPARED BY:

Charlie Ha, Supervising Civil Engineer
APPROVED BY: City Manager
APPROVE FINAL MAP FOR THE GATES - TRACT NO. 10627 AND

RELATED SUBDIVISION IMPROVEMENTS AGREEMENT

RECOMMENDATION(S)

1. Approve the Final Map;

2. Approve a Subdivision Improvements Agreement with CITY VENTURES HOMEBUILDING LLC, a Delaware Limited Liability Company;

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

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Protecting the Environment and Preserving Open Space and Agricultural Land Maintaining and Enhancing Infrastructure
2024-2025 Strategic Priorities
Economic Development
Guiding Documents
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

The Gates -Tract No. 10627 is a mixed-use development consisting of 49 single-family, attached townhome-style condominiums, five commercial units, and associated improvements. The Gates Project is located at the southwest quadrant of Cochrane Road and Monterey Road, as shown on the attached Site Map (Attachment 1). The project site also has an existing man-made storm drain ditch identified by the Water Board as a wetland area. The project was recently issued a 401 Water Quality Certification and Order by the San Francisco Bay Regional Water Quality Control Board, which regulates and allows this project to modify the man-made ditch to be integrated into the project's development while addressing mitigation measures to maintain the ditch as a wetland.

Subdivision Improvements Agreement
The project's Subdivision Improvements Agreement (Attachment 2) requires the

5 development to construct various public improvements along Monterey Road, including, but not limited to, curb and gutter, sidewalk, and streetlights. These improvements will need an offer of dedication to the City for appropriate rights-of-ways, easements, or other interests in real property.

Final Map
The Developer, CITY VENTURES HOMEBUILDING LLC, has completed all the conditions specified in the project's Vesting Tentative Map (Resolution 23-13), which was approved by the Planning Commission, and the conditions in the Design Permit (Approval Certificate No. 23-020), which the Development Services Director administratively approved.

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

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

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

COMMUNITY ENGAGEMENT:

Inform
The Planning Commission approved the project’s Vesting Tentative Map (SD2021- 0006) at its October 24, 2023 meeting. The project's Design Permit (SR2023-0010) was separately approved administratively by the Development Services Director on October 24, 2023. The project was publicly noticed including a mailing to property owners within 600 feet of the project.

ALTERNATIVE ACTIONS:

There is no feasible alternative action as the Developer has met the requirements of the Vesting Tentative Map conditions approved by the Planning Commission to file for a Final Map approval and has furnished the necessary documents to complete the processing of the Subdivision Improvements Agreement.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

February 15, 2023 - City Council approved Resolution No. 23-005 approving the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for

5 the project.

October 24, 2023 – Planning Commission adopted Resolution No. 23-13 approving the project's Vesting Tentative Map.

FISCAL AND RESOURCE IMPACT:

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

CEQA (California Environmental Quality Act):

Project
A Mitigated Negative Declaration was approved on February 15, 2023.

N50°34'28"E 165.85'
N50°34'28"E
101.50'
297.83'(R3)
Δ= 010°00'46" L = 253.40'
442.22'
R=1,2
0 3.0
0' Δ=2
2°01'17" L=4
6 2.37'( R
5 ) R
=
L
=

73.0 '( R5 )
Δ
=
31203.0 '( R5 ) °28' 36"
( R5 )
S24°40'40"E

76.53'
R=1,583.10' Δ=20°14' 48" L=5

9.42' ( R2 ) S39°25'32"E 93.25'
60'
40' 40'
R = 1,300.31'
Δ = 23°09'41"
L = 525.64'
Ex. S.D.E, Per R2 to be Abandoned & Vacated with this map Southern Pacific Transportation Company Parcel A 776 -M- 9-10 Parcel 1
758 -M- 49-51
Old Monterey Road
Monterey Road
Jarvis
Drive
City of Morgan Hill Doc. No. 22192275 Parking & Driveway Easement (Doc#23499307) Parcel 4 758 -M- 49-51 Parcel B 776 -M- 9 & 10 R = 1,450.00' Δ = 14°49'43"
L = 375.27' Ex. Centerline of 10' Wide Storm Drain Easement, Per R3 Ex. Centerline of 15' Wide Storm Drain Easement, Per R2 Ex. Centerline of 15' Wide Storm Drain Easement, Per R2 Ex. Centerline of 10' Wide Storm Drain Easement, Per R3 Ex. Centerline of 20' Wide Drain Ditch Easement, Per R6 Ex. Centerline of 20' Wide Drain Ditch Easement, Per R6 Δ= 004°48'56" L = 121.87' Ex. 10' Wide Public ServiceEasement Per R2 Ex. 10' Wide Public ServiceEasement Per R2 Parcel Line, Per R2 to be removed with the filing of this map N40°19'28"E

94.61' Tie
Δ= 015°34'38" L = 353.52'
Δ= 007°35'03" L = 172.12'
120.25' (R3) 279.23' 359.15'
S50°34'28"W 248.16'
R = 1,450.00' (R3)
Δ = 5°10'28"(R3)
L = 130.95'(R3)
R = 1,450.00'(R3)
Δ = 3°18'11"(R3)
L = 83.59'(R3)
N61°26'33"E
253.76'
Basis of Bearings
N31°44'59"W
578.98'
Berkshire Drive
Llagas Road
(R2,R3)
S40°23'32"W (R3) S39°25'32"E (R2)
(R2)
(R2)
(R2)
(R3)
S39°21'28"E (R3)
(R3)
(R3)
N47°04'09"E

63.89' Tie
(R3)
S47°08'13"W (R3)

63.89' (R3) Fnd BDM Per R5 Fnd BDM Per R5 Fnd BDM Per R5 Fnd BDM Per R5 Fnd 3/4" I.P. Per R3 Fnd 3/4" I.P. Per R3 Fnd BDM, No ID Per R1 & R3 Fnd 3/4" IP, Open Per R1 Fnd BDM, No ID Per R1 & R3 Fnd 3/4" I.P. Per R3 Fnd 3/4" I.P. Per R3 Fnd 3/4" I.P. Per R3 Fnd 3/4" I.P. Per R3 Fnd 3/4" I.P. Per R3 Fnd 3/4" I.P. Per R3 Fnd 3/4" I.P. Per R3 N31°44'59"W
1,021.20'
(R1)
(R1)
1,021.13' (R4)
S31°40'55"E (R2,R3)
(R4) See Detail 'A' Below Fnd CHC, 1.5' Down Per R2 S78°55'W, 0.22' S49°40'44"W(r)
(R2)
S49°44'47"W(r)(R3)
S64°30'26"W(r) S64°34'30"W(r)(R2)
S72°05'29"W(r) S72°09'32"W(r)(R2)
S59°41'30"W(r) S59°45'34"W(r)(R3)
S24°36'36"W(R5)
A
A = To be Abandoned & Vacated with this map
A
A
A
A
A
(R2)
N61°30'37"E (R2)
N39°21'28"W (R2)
1,056.46' 936.21'
N67°17'44"E
180.12'
(R2)
N50°38'32"E (R2) (R2)
S41°12'03"W(r) S41°16'07"W(r)(R3)
N50°38'32"E (R3)
N50°38'32"E (R3) Tract No. 8828 677 M 52 - 53 - See Sheets 3 and 4 for Re-Subdivision - (R2)
(R2)
(R2)
(R2)
(R2) (R2) Ex. R.I.E.E. & P.S.E. per R3
25'
Ex. R.I.E.E.
& P.S.E. per R2 25'

12.5' N39°25'32"W 11.49' 7.46' 5.44' (Tie) CHC, SFNF per R2 Fnd CHC 6 x 6 Bent Pin in Concrete, S84°23'16", 0.50'

CHC, SFNF
per R2
(S84°19'01"E, 0.50')R2
North Sheet 2 of 5 Tract No. 10627 The Gates For Condominium Purposes - 49 Condominium Residential Units - - 5 Condominium Commercial Units - Basis of Bearings The bearings shown on this map are based upon the centerline of Old Monterey Road, as found and monumented as North 31°44'59" West, as shown in that certain Map of Tract No. 8828 filed in Book 677 of Maps, Pages 52 thru 53, Santa Clara County Records. R1 Tract No. 8828 Book 677 of Maps, Pages 52 and 53 R2 Parcel Map Book 758 of Maps, Pages 49 thru 51 R3 Lot Line Adjustment Parcel Map Book 776 of Maps, Pages 9 and 10 R4 Tract No. 7436 "Preservation Park" Book 529 of Maps, Pages 42 and 43 R5 Parcel Map Book 749 of Maps, Pages 6 and 7 R6 Instrument No. 140249 Book 893 O.R. Page 169 December 2024 Being All of Parcel B as shown upon that certain map entitled "Lot Line Adjustment Parcel Map", filed for record on October 01, 2004, in Book 776 of Maps at Pages 9 and 10; AND All of Parcel 4 as shown upon that certain map entitled "Parcel Map", filed for record on March 10, 2003, in Book 758 of Maps at Pages 49 thru 51, Santa Clara County Records. Lying within the City of Morgan Hill, County of Santa Clara, State of California FOUND STANDARD CITY MONUMENT, AS INDICATED DISTINCTIVE BOUNDARY LINE CENTERLINE BRASS DISK MONUMENT CALIFORNIA HIGHWAY COMMISSION FOUND IRON PIPE RECIPROCAL INGRESS & EGRESS EASEMENT PUBLIC SERVICE EASEMENT STORM DRAINAGE EASEMENT SQUARE FEET SEARCHED FOR, NOT FOUND RECORD DATA RADIAL BEARING BDM CHC Fnd I.P. R. I.E.E. P.S.E. S.D.E. SF. SFNF (...) (r) EXISTING LOT LINE /RIGHT-OF-WAY LINE EXISTING EASEMENT LINE FOUND 3/4" IRON PIPE, AS INDICATED 100
40 60
80 0
20 SCALE: 1"=60' MH engineering Co.

M
H 16075 Vineyard Boulevard (408) 779-7381 MH Job No.: 221005.2 Morgan Hill, CA 95037 Reference Data Legend Detail 'A' Scale: none Note SET 3/4" IRON PIPE, TAGGED P.L.S. 8347 FOUND 6"X6" CALIFORNIA HIGHWAY COMMISSION MONUMENT, OR AS INDICATED

N50°34'28"E 101.50' N39°25'32"W 297.83' S39°25'32"E 93.25' L = 525.64'
229.52'
155.98' 73.54' 116.24'
S21°58'45"E
Δ = 008°35'26" L = 217.40'
Δ = 001°30'19" L = 38.09'
Δ = 003°18'38" L = 83.78'
60' Southern Pacific Transportation Company
Street 32,724 SF E.V.A.E. & P.S.E.

Jarvis Drive
13' 13'
13' 13'
13'

25.00' Centerline of 20' Wide S.D.E. 228.98' Centerline of 20' Wide S.D.E. 13' 13' 13' 13' 13'
13' 13'
L3
C4
C3
C2
L1
L4 Lot 1 3.815 AC 166,200 SF S39°25'32"E
S50°34'28"W 216.47'
N50°34'28"E

49.73'
N34°14'24"W
177.92'
S34°14'24"E
173.20'
S21°58'45"E
123.41' N39°25'32"W 351.94'
N50°34'28"E 101.51'
Ex. 10' Wide P.S.E. Per R2
N50°38'32"E (R3)
S39°21'28"E (R3)
N50°38'32"E (R3) (R3)
(R3)
Monterey Road
(R3)
C9 R = 15.00' Δ = 45°57'13" L = 12.03'
L9 R = 100.00' Δ = 14°01'51" L = 24.49'
L10 S59°56'39"W 13.18' L11R = 30.00' Δ = 24°19'40" L = 12.74' L12
L13 R = 40.00' Δ = 46°33'16" L = 32.50' R = 50.00' Δ = 14°37'31" L = 12.76' L = 44.44' R = 181.79' Δ = 14°00'21"
S82°28'40"W

82.53' Centerline of 20' Wide S.D.E.

La Puerta Lane
(Private Street) La Puerta Lane (Private Street)
Azul Lane
(Private Street)
Roja Lane
(Private Street) Parcel A 776 -M- 9 & 10 377.94'
L8R = 40.00' Δ = 14°58'46" L = 10.46'
L5
N34°14'24"W
201.67' 15.00'
186.67'
N21°58'45"W

10.00'
139.41' 13.50' x 20' P.U.E.(3) 28.60' S50°34'28"W 5.00' Tie 40.25' Street 32,724 SF E.V.A.E. & P.S.E.

Parking & Driveway Easement (Doc#23499307) N39°25'32"W 2522.93' R
=1203.0 ' Δ
=3°28' 36" L=73.0 '
R=1203.00' Δ=2
2°01'17" L=46

2.37' Δ
=10°2
8' 01" L
=
2 2

0.6 5' S24°40'40"E

76.53'
S24°36'36"W(R5)
N50°34'28"E 294.98'

65.46' C11 C12 C1
R = 1,450.00' Δ = 14°49'43" L = 375.27' N39°25'32"W See Sheet 5 for Wetland Area 351.94' Lot 1 3.815 AC 166,200 SF 377.94' S49°40'44"W(r)
N50°04'25"E(r)
S50°35'15"W(r) N51°06'04"E(r)
N50°34'28"E 165.85'
E.V.A.E. & P.S.E. 9.99' x 14' P.U.E.(4) N39°25'32"W 13.00' (tie)

40.59' S50°35'37"W 22.28' S39°24'23"E P.U.E.(2)

12.50'
(E) R.I.E.E. & P.S.E.

E.V.A.E. & P.S.E. E.V.A.E. & P.S.E.

L6
C10 L7
N59°41'30"E(r) 1.61'

22.46'

11.56' R = 30.00' Δ = 30°24'34" L = 15.92' Sheet 3 of 5 Tract No. 10627 The Gates For Condominium Purposes - 49 Condominium Residential Units - - 5 Condominium Commercial Units - December 2024 Being All of Parcel B as shown upon that certain map entitled "Lot Line Adjustment Parcel Map", filed for record on October 01, 2004, in Book 776 of Maps at Pages 9 and 10; AND All of Parcel 4 as shown upon that certain map entitled "Parcel Map", filed for record on March 10, 2003, in Book 758 of Maps at Pages 49 thru 51, Santa Clara County Records. Lying within the City of Morgan Hill, County of Santa Clara, State of California MH engineering Co.

M
H 16075 Vineyard Boulevard (408) 779-7381 MH Job No.: 221005.2 Morgan Hill, CA 95037 See Sheet 4
North
10 20
30 40
50 60 SCALE: 1"=30'
0 Note For Line & Curve Table Data See Sheet 4 R1 Tract No. 8828 Book 677 of Maps, Pages 52 and 53 R2 Parcel Map Book 758 of Maps, Pages 49 thru 51 R3 Lot Line Adjustment Parcel Map Book 776 of Maps, Pages 9 and 10 R4 Tract No. 7436 "Preservation Park" Book 529 of Maps, Pages 42 and 43 R5 Parcel Map Book 749 of Maps, Pages 6 and 7 R6 Instrument No. 140249 Book 893 O.R. Page 169 Reference Data Basis of Bearings The bearings shown on this map are based upon the centerline of Old Monterey Road, as found and monumented as North 31°44'59" West, as shown in that certain Map of Tract No. 8828 filed in Book 677 of Maps, Pages 52 thru 53, Santa Clara County Records. FOUND STANDARD CITY MONUMENT, AS INDICATED DISTINCTIVE BOUNDARY LINE CENTERLINE EXISTING LOT LINE /RIGHT-OF-WAY LINE NEW EASEMENT LINE FOUND 3/4" IRON PIPE, AS INDICATED LegendSET 3/4" IRON PIPE, TAGGED P.L.S. 8347 EXISTING EASEMENT LINE FOUND 6"X6" CALIFORNIA HIGHWAY COMMISSION MONUMENT, OR AS INDICATED BRASS DISK MONUMENT CALIFORNIA HIGHWAY COMMISSION FOUND EMERGENCY VEHICULAR ACCESS EASEMENT RECIPROCAL INGRESS & EGRESS EASEMENT IRON PIPE PUBLIC SERVICE EASEMENT PRIVATE STORM DRAINAGE EASEMENT PUBLIC UTILITY EASEMENT STORM DRAINAGE EASEMENT SQUARE FEET SEARCHED FOR, NOT FOUND RECORD DATA RADIAL BEARING BDM CHC Fnd E.V.A.E. R.I.E.E. I.P. P.S.E. P.S.D.E. P.U.E. S.D.E. SF. SFNF (...) (r)

R = 1,300.31'
Δ = 23°09'41"
L = 525.64'
C8
N68°01'15"E

69.55' 256.91' P.S.D.E. 27,073 SF
Street 32,724 SF E.V.A.E. & P.S.E.

Monterey Road
13'
13'
13'
13' 318.43' Δ = 013°50'25" L = 314.33' S67°17'44"W
164.54'
L2
C7
C6
C5
13' 13' 522.81' N68°01'15"E 72.18'
123.41'
S21°58'45"E

81.50' S68°01'15"W 43.55' 351.94' Ex. 10' Wide P.S.E. Per R2 Southern Pacific Transportation Company
60'
Roja Lane (Private Street)
Roja Lane (Private Street)
La Puerta Lane (Private Street)
256.91' 101.50'
139.41'

6.00' 71.07' N50°34'28"E 9.58' Tie P.U.E. (1)58.55' L14 L16 L15

13.63'

76.53'
R=1584.16' Δ=20°14' 48" L=5 9.80'
N50°34'28"E

28.42' N39°25'32"W 19.82' N73°49'06"E(r) See Detail 'A' of Sheet 2 N87°40'06"E(r) 638.38' Lot 1 3.815 AC 166,200 SF 377.94' S50°35'37"W 22.28' S39°24'23"E 16.37' 9.29' 3.35' P.U.E.(2) E.V.A.E. & P.S.E. E.V.A.E. & P.S.E. Line Table #L1L2L3L4L5L6L7L8L9 L10 L11 L12 L13 L14 L15 L16 Direction S50°34'28"W N68°01'15"E S68°01'15"W N55°45'36"E S28°45'21"W S44°24'57"W S74°44'14"W S28°47'01"W S77°35'40"W S63°33'48"W S74°55'25"W N80°44'55"W N50°20'21"W S39°25'32"E S50°34'28"W S39°25'32"E Length 26.00' 26.00' 26.00' 26.00' 13.02' 10.47' 2.60' 21.95' 20.70' 16.36' 3.53' 0.85' 10.20' 10.41' 15.42' 13.50' Curve Table #C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 Radius 1450.00' 13.00' 13.00' 13.00' 13.00' 13.00' 13.00' 26.00' 40.00' 15.00' 1450.00' 1450.00' Delta 001°01'39" 084°48'52" 095°11'08" 090°00'00" 072°33'13" 090°00'00" 090°00'00" 072°33'13" 015°39'36" 030°19'17" 000°30'49" 000°30'49" Length 26.00' 19.24' 21.60' 20.42' 16.46' 20.42' 20.42' 32.92' 10.93' 7.94' 13.00' 13.00' Sheet 4 of 5 Tract No. 10627 The Gates For Condominium Purposes - 49 Condominium Residential Units - - 5 Condominium Commercial Units - December 2024 Being All of Parcel B as shown upon that certain map entitled "Lot Line Adjustment Parcel Map", filed for record on October 01, 2004, in Book 776 of Maps at Pages 9 and 10; AND All of Parcel 4 as shown upon that certain map entitled "Parcel Map", filed for record on March 10, 2003, in Book 758 of Maps at Pages 49 thru 51, Santa Clara County Records. Lying within the City of Morgan Hill, County of Santa Clara, State of California MH engineering Co. M H 16075 Vineyard Boulevard (408) 779-7381 MH Job No.: 221005.2 Morgan Hill, CA 95037 See Sheet 3
North
10 20
30 40
50 60 SCALE: 1"=30' 0 Basis of Bearings The bearings shown on this map are based upon the centerline of Old Monterey Road, as found and monumented as North 31°44'59" West, as shown in that certain Map of Tract No. 8828 filed in Book 677 of Maps, Pages 52 thru 53, Santa Clara County Records. R1 Tract No. 8828 Book 677 of Maps, Pages 52 and 53 R2 Parcel Map Book 758 of Maps, Pages 49 thru 51 R3 Lot Line Adjustment Parcel Map Book 776 of Maps, Pages 9 and 10 R4 Tract No. 7436 "Preservation Park" Book 529 of Maps, Pages 42 and 43 R5 Parcel Map Book 749 of Maps, Pages 6 and 7 R6 Instrument No. 140249 Book 893 O.R. Page 169 BRASS DISK MONUMENT CALIFORNIA HIGHWAY COMMISSION FOUND EMERGENCY VEHICULAR ACCESS EASEMENT IRON PIPE PUBLIC SERVICE EASEMENT PRIVATE STORM DRAINAGE EASEMENT PUBLIC UTILITY EASEMENT STORM DRAINAGE EASEMENT SQUARE FEET SEARCHED FOR, NOT FOUND RECORD DATA RADIAL BEARING BDM CHC Fnd E.V.A.E. I.P. P.S.E. P.S.D.E. P.U.E. S.D.E. SF. SFNF (...) (r) Reference Data FOUND STANDARD CITY MONUMENT, AS INDICATED DISTINCTIVE BOUNDARY LINE CENTERLINE EXISTING LOT LINE /RIGHT-OF-WAY LINE NEW EASEMENT LINE FOUND 3/4" IRON PIPE, AS INDICATED Legend
SET 3/4" IRON PIPE, TAGGED P.L.S. 8347 EXISTING EASEMENT LINE FOUND 6"X6" CALIFORNIA HIGHWAY COMMISSION MONUMENT, OR AS INDICATED

Southern Pacific Transportation Company
Monterey Road Lot 1 3.815 AC 166,200 SF La Puerta Lane (Private Street) Roja Lane
(Private Street)
Azul Lane
(Private Street)
= Centerline of 20' Wide S.D.E. (See Sheet 3) Fnd 3/4" I.P. Per R3 Fnd 3/4" I.P. Per R3 B
B
B
B
B Wetland Area 0.156 AC 6,776 SF N61°44'28"E 13.98' N78°41'03"W 14.36' N74°14'24"E 4.06' R = 82.00' Δ = 10°40'35" L = 15.28' R = 1,450.00' Δ = 2°02'59" L = 51.87' N63°33'48"E 16.33' R = 56.00' Δ = 18°55'45" L = 18.50' N78°52'24"E 2.01' N50°20'21"W 9.88' R = 30.00' Δ = 61°35'57" L = 32.25' R = 193.00' Δ = 10°23'38" L = 35.01' N50°34'28"E

24.88' S39°25'32"E 28.18'
S50°34'28"W

31.78' S65°12'01"E 9.49' R = 170.00' Δ = 10°18'41" L = 30.59' R = 52.00' Δ
=
61°40'30" L
=
5 .97' S50°20'21"E 9.88' R = 20.00' Δ = 50°26'57" L = 17.61' R = 45.00' Δ = 11°50'03" L = 9.29' S28°47'01"W 20.20' R = 27.00' Δ = 45°57'13" L = 21.66' S46°20'30"W 12.56' S61°47'30"W

23.23' R = 42.50' Δ = 49°54'13" L = 37.01'
S50°34'28"W 51.00' (tie) S39°25'32"E 8.93' (tie)
N61°44'28"E(r)
N59°41'30"E(r)
B S39°25'15"E 59.92' (tie) E.V.A.E. & P.S.E.

B S74°44'14"W 3.24' N59°56'39"E 12.40'
S11°32'40"E(r)
S11°42'10"E(r)
S22°37'20"E(r) Sheet 5 of 5 Tract No. 10627 The Gates For Condominium Purposes - 49 Condominium Residential Units - - 5 Condominium Commercial Units - December 2024 Being All of Parcel B as shown upon that certain map entitled "Lot Line Adjustment Parcel Map", filed for record on October 01, 2004, in Book 776 of Maps at Pages 9 and 10; AND All of Parcel 4 as shown upon that certain map entitled "Parcel Map", filed for record on March 10, 2003, in Book 758 of Maps at Pages 49 thru 51, Santa Clara County Records. Lying within the City of Morgan Hill, County of Santa Clara, State of California MH engineering Co.

M
H 16075 Vineyard Boulevard (408) 779-7381 MH Job No.: 221005.2 Morgan Hill, CA 95037 North BRASS DISK MONUMENT CALIFORNIA HIGHWAY COMMISSION FOUND IRON PIPE PUBLIC SERVICE EASEMENT PUBLIC UTILITY EASEMENT STORM DRAINAGE EASEMENT SQUARE FEET SEARCHED FOR, NOT FOUND RECORD DATA RADIAL BEARING BDM CHC Fnd I.P. P.S.E. P.U.E. S.D.E. SF. SFNF (...) (r) Basis of Bearings The bearings shown on this map are based upon the centerline of Old Monterey Road, as found and monumented as North 31°44'59" West, as shown in that certain Map of Tract No. 8828 filed in Book 677 of Maps, Pages 52 thru 53, Santa Clara County Records.

FOUND STANDARD CITY MONUMENT, AS INDICATED DISTINCTIVE BOUNDARY LINE CENTERLINE EXISTING LOT LINE /RIGHT-OF-WAY LINE NEW EASEMENT LINE FOUND 3/4" IRON PIPE, AS INDICATED Legend
SET 3/4" IRON PIPE, TAGGED P.L.S. 8347 EXISTING EASEMENT LINE FOUND 6"X6" CALIFORNIA HIGHWAY COMMISSION MONUMENT, OR AS INDICATED SCALE: 1"=20' 0 10
20 30
40

6 CITY COUNCIL STAFF REPORT
MEETING DATE: February 19, 2025
PREPARED BY:

David Gittleson, Associate Engineer
APPROVED BY: City Manager

APPROVE PROFESSIONAL SERVICES AGREEMENT WITH

HYDROSCIENCE ENGINEERS FOR THE GLEN AYRE RESERVIOR
PROJECT FOR A TOTAL AMOUNT NOT TO EXCEED $417,019

RECOMMENDATION(S)

1. Approve Service Agreement for Design Professionals with HydroScience Engineers, Inc. for a total not to exceed contract amount of $417,019 to design the Glen Ayre Reservoir Project; and

2. Authorize the City Manager to execute and administer the Service Agreement for Design Professionals with HydroScience Engineers, Inc. for the Glen Ayre Reservoir Project.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
2024-2025 Strategic Priorities
Fiscal Sustainability
Healthy Community
Guiding Documents
Water System Master Plan
REPORT NARRATIVE:

The existing Glen Ayre Reservoir tank was built in 1979 with a capacity of 100,000 gallons of water. In the 2021 Water System Master Plan, the need for a larger reservoir at the Glen Ayre site was identified to meet the community's future water needs, enhance hydraulic reliability, and ensure adequate service levels. The Adopted Fiscal Year 2024-25 through 2029-30 Capital Improvement Program includes the construction of a new 250,000-gallon Glen Ayre Reservoir under the Capital Improvement Project number WA6008.

Staff requested proposals from qualified firms in October 2024 to provide design services for a new larger tank. Proposals were received by Hydroscience Engineers,

6 Sandis Engineers and Planners, and Water Works Engineers in November 2024. The consultant proposals were reviewed and scored by engineering and maintenance staff.

HydroScience Engineers, Inc. was chosen for this work due to their site-specific proposal, well-defined scope of work, and reservoir design experience.

The scope of work includes a demo of the existing tank, providing temporary tanks, constructing a new, larger 250,000-gallon steel tank, new piping appurtenances, control valves, new telemetry and electronic controls, and new security fencing. In addition, the existing tank sits on a fairly small easement, and staff anticipates the need to obtain a larger easement or, at a minimum, possibly a temporary easement for the temporary tanks. Survey investigation and mapping are included in the scope of work.

Water storage reservoirs are vital to the City's water distribution system. Staff recommends that HydroScience Engineers, Inc. be awarded the Glen Ayre Reservoir design contract. According to the HydroScience Engineer's tentative schedule, the Reservoir design should be complete by the end of 2025, with construction commencing in the summer of 2026.

COMMUNITY ENGAGEMENT:

Inform
If the project moves forward, staff will begin engaging the adjacent property owners and the rest of the neighborhood and notify them of the project. Staff will continue to provide weekly project updates through Nextdoor, the City's website, and the "Scoop." ALTERNATIVE ACTIONS:

The approval of this agreement will facilitate the City's goal to increase the Glen Ayre reservoir capacity per the recommendation of the 2021 Water System Master Plan. No alternative actions are presented at this time.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On December 15, 2021, the City Council adopted the 2021 Water System Master Plan.

On June 19, 2024, the City Council approved the Fiscal Year 2024-25 through 2029-30 Capital Improvement Program Budget, including the Glen Ayre Reservoir construction.

FISCAL AND RESOURCE IMPACT:

The current Fiscal Year 2024-25 through 2029-30 Capital Improvement Budget, project #WA6008—Reservoir Capacity Improvements, from the Water Impact Fund (651) and Water Capital Project Fund (653), provides sufficient funding for this action.

CEQA (California Environmental Quality Act):

Project

6 The project will require CEQA review. Staff plans to use our existing on-call environmental consultant to perform the required studies. An Initial Study is anticipated to be required with a mitigated negative declaration.

1 Updated August 2024

CONSULTANT AGREEMENT FOR DESIGN PROFESSIONALS
HydroScience Engineers, Inc.

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

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

2. Term of Agreement. This Agreement shall cover services rendered from the Effective Date of this Agreement until January 1, 2026 at which time CONSULTANT’S services shall be completed. The City Manager is authorized to extend the term of this Agreement provided the compensation does not exceed the City Manager's authority pursuant to Chapter 3.04 of the Morgan Hill Municipal Code, unless otherwise authorized by City Council. Any such extension shall be in writing and signed by both Parties to this Agreement.

3. Scope of Service. The services to be performed by CONSULTANT shall be to design and prepare construction plans and specification to build a new 250,000 gallon reservoir at the Glen Ayre site as further described in Exhibit A.

4. Compensation. CONSULTANT shall be compensated as follows:

4.1. Amount. $417,019.00. Total compensation to CONSULTANT under this Agreement during its initial term set forth in Section 2 above shall not exceed Four Hundred Seventeen Thousand and Nineteen dollars and shall be billed based on the rate and basis set forth in Exhibit B. If the City Manager extends the term of this Agreement pursuant to the provisions of Section 2 above, the City Manager shall have the authority to increase the maximum compensation allowed to be paid to CONSULTANT, so long as City Council has appropriated sufficient funds therefor, the Parties mutually agree to such amount in a writing signed by both Parties to this Agreement, and provided further that in no event shall such maximum compensation allowed for the term exceed the City Manager's authority pursuant to Chapter 3.04 of the Morgan Hill Municipal Code, unless otherwise authorized by City Council.

4.2. Billing. CONSULTANT shall provide CITY with an invoice containing the dated, detailed, and itemized descriptions of all services performed and expenses incurred (if such expenses are reimbursable pursuant to Exhibit B) by CONSULTANT on a monthly basis unless otherwise specified in Exhibit B. All invoices shall be sent to the CITY addressed to the department head or project manager identified below in Section 13 Notices. Any rate charged shall be prorated where services are interrupted or not provided for any rate period (for example, any monthly rate charge should be prorated when services were interrupted or provided for only part of the month). For services billed on an hourly rate, the minimum unit of billed time shall not exceed one tenth of one hour. CITY shall pay for services and expenses (if so provided in Exhibit B) up to the limit of compensation set forth above, that in the CITY’S judgment were necessary and reasonable. Services for work performed and expenses incurred in excess of the total compensation set forth in paragraph 4.1 above shall be at no cost to CITY.

2 Updated August 2024

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

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

6. Performance of Work. CONSULTANT represents that it is qualified by virtue of experience, training, education, and expertise to accomplish these services. Services shall be performed by CONSULTANT in accordance with professional practices in a manner consistent with a level of care, competence and skill exercised by qualified members of the CONSULTANT’S profession. By delivery of completed work, CONSULTANT certifies that the work conforms to the requirements of this Agreement and all applicable federal, state, and local laws. CONSULTANT shall perform all work and services under this Agreement in conformance with the time schedule set forth on Exhibit C, "Schedule of Performance," attached hereto and incorporated herein by this reference. CITY'S City Manager is authorized on behalf of CITY to modify the timeframes set forth on the Schedule of Performance within the term of this Agreement. If CONSULTANT desires to leave or store any of CONSULTANT’S equipment at a CITY site while CONSULTANT is performing work or service pursuant to this Agreement, CONSULTANT will first obtain the consent of CITY'S City Manager, or his/her delegate, to do so, and any such storage shall occur only in the manner and location allowed by such CITY official and entirely at CONSULTANT’S sole risk.

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

7.1. Insurance Types and Amounts.

7.1.1. Commercial General Liability (CGL). CONSULTANT shall maintain CGL against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) combined single limit for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S

3 Updated August 2024
combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

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

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

7.1.4. Pollution (Environmental) Liability. If the performance of CONSULTANT’S work or service under this Agreement involves hazardous materials, contaminated soil disposal, and/or a risk of accidental release of fuel oil, chemicals or other toxic gases or hazardous materials, CONSULTANT shall procure and maintain Pollution Liability covering the CONSULTANT’S liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs arising out of the work or services to be performed under this Agreement.

Coverage shall be provided for both work performed on site, as well as during the transport of hazardous materials. Such coverage shall be in the minimum amount of: (i) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.1.5. Professional Liability.

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

4 Updated August 2024

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

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

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

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

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

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

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

01. 7.2.2. Workers Compensation.

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

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

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

5 Updated August 2024

7.4. Certificates. CONSULTANT shall furnish CITY of Morgan Hill with copies of all certificates as outlined herein, whether new or modified, promptly upon receipt. In the event of a claim or legal action, CONSULTANT shall promptly furnish CITY of Morgan Hill with copies of all policies outlined herein. No policy subject to the CONSULTANT’S agreement with the CITY shall be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY. A "material change" is a change that results in noncompliance with any insurance requirements in this section 7. Certificates, including renewal certificates, may be mailed electronically to [email protected] or delivered to the Certificate Holder address provided herein.

Certificate Holder address:

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

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

9. Compliance with Law.

9.1. CONSULTANT and its officers, employees, agents, and subcontractors shall comply with all applicable laws, ordinances, administrative regulations, and permitting requirements in carrying out their obligations under this Agreement. CONSULTANT and its officers, employees, agents, and subcontractors covenant there shall be no discrimination based upon any basis prohibited by State or Federal law, including but not limited to, race, color, creed, religion, gender, marital status, age, sexual orientation, national origin, mental disability, physical disability, medical condition, or ancestry, in any activity pursuant to this Agreement.

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

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

Prior Judgments against CONSULTANT and/or its Subcontractors: BY SIGNING THIS

AGREEMENT, CONSULTANT AFFIRMS THAT IT HAS DISCLOSED ANY FINAL

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

AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS SATISFIED AND COMPLIED WITH – OR HAS REACHED AGREEMENT WITH THE CITY REGARDING THE

6 Updated August 2024
MANNER IN WHICH IT WILL SATISFY – ANY SUCH JUDGMENTS, DECISIONS OR ORDERS.

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

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

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

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

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

10. Independent Contractor. CONSULTANT is an independent contractor and not an agent or employee of CITY.

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

12. Conflict of Interest and Reporting. CONSULTANT shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement including, without limitation, complying with California Government Code section 1090 et seq., the California Political Reform Act (California Government Code section 87100 et seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et seq.). CONSULTANT will further comply, and will ensure that its agents and its subcontractors comply, with California Government Code section 84308 (“Levine Act”) and the applicable regulations of the Fair Political Practices Commission concerning campaign disclosure (2 California Code of Regulations sections 18438.1 – 18438.8).

7 Updated August 2024

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

Address of CONSULTANT is as follows:

HydroScience Engineers, Inc.

Bill Slenter, Principal
741 Allston Way
Berkeley, CA 94710
Address of CITY is as follows:

David Gittleson, PE
Development Services Center
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
with a copy to:

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

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

15. Consultant's Proposal. If applicable, this Agreement shall include CONSULTANT'S proposal or bid which is incorporated herein. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

16. Maintenance of Records.

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

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

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

8 Updated August 2024

17. Familiarity with Work. By executing this Agreement, CONSULTANT represents that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement.

Should CONSULTANT discover any conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY and shall not proceed, except at CONSULTANT'S risk, until written instructions are received from CITY.

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

19. No Assignment. Neither this Agreement nor any portion shall be assigned by CONSULTANT, without prior written consent of CITY. Any attempted assignment not first approved by CITY shall be void and, at CITY'S option, shall terminate this Agreement effective as of the date of such attempted assignment.

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

21. Defense and Indemnification.

21.1. Defense and Indemnification for Design Professional Services. Consistent with California Civil Code Section 2782.8, for design professional services to be performed under this agreement by a design professional, as that term is defined under said Section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, defend and hold harmless CITY, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers (“INDEMNITEES”) from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, and/or its agents, officers, employees, subcontractors, or independent contractors in performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement (“CLAIM”) to the extent of CONSULTANT’S proportionate percentage of fault.

21.2. Defense and Indemnification for Non-Design Professional Services. For all services performed under this agreement not covered by Section 21.1 above, CONSULTANT shall, to the fullest extent permitted by law, indemnify, defend and hold harmless CITY, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers (“INDEMNITEES”) from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the performance of this Agreement or the failure to comply with any obligations contained in this Agreement by CONSULTANT, and/or its agents, officers, employees, subcontractors, or independent contractors (“CLAIM”).

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

9 Updated August 2024

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

21.5. Right to Offset. CITY shall have the right to offset against any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’S failure to pay CITY promptly any indemnification arising under this Section (21) and any amount due CITY from CONSULTANT arising from CONSULTANT’S failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.

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

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

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

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

25. Notice of Security and/or Privacy Incident. If CONSULTANT, or its subconsultant, suspect, discover or are notified of a data security incident or potential breach of security and/or privacy relating to CITY PII, PHI and/or PCI, CONSULTANT shall immediately, but in no event later than forty-eight (48) hours from suspicion, discovery or notification of the incident or potential breach, notify CITY of such incident or potential breach. CONSULTANT shall, upon CITY’s request, investigate such incident or potential breach, inform the CITY of the results of any such investigation, and assist the CITY in maintaining the confidentiality of such information. In addition to the foregoing, CONSULTANT shall provide CITY with any assistance necessary to comply with any state and/or federal laws requiring the provision of notice of any privacy incident or security breach with respect to any CITY PII, PHI and/or PCI to the affected or impacted individuals and/or organizations, in addition to any notification to applicable state and federal agencies. CONSULTANT agrees that it shall reimburse CITY for all expenses, costs, attorneys’ fees, and resulting fines, penalties, and damages associated with such incident, breach, investigation and/or notification.

10 Updated August 2024

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

27. Binding Agreement. Notwithstanding the provisions of Section 19 above, this Agreement shall bind any and all successors in interest, legal representatives and/or other permitted assignees or transferees of CONSULTANT in the same manner as if those successors in interest, legal representatives or other permitted assignees or transferees had entered into this Agreement originally.

28. ☐ Data Sharing. This Agreement requires access by CONSULTANT to CITY’S Geographic Information System (GIS) DATA for CONSULTANT to perform the work. CITY agrees to provide the GIS DATA to CONSULTANT solely for the purpose of performance of contracted work with the CITY upon the terms and conditions specified in Exhibit D, incorporated herein by this reference.

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

30. Counterpart Signatures. This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. ///
///
[Signatures on Next Page]

EXHIBIT A

SCOPE OF WORK

EXHIBIT B

SCHEDULE OF COMPENSATION RATES

14 Updated August 2024

EXHIBIT C

SCHEDULE OF PERFORMANCE
HydroScience Engineers shall complete the design/bid package by January 1, 2026 assuming no major changes are added to the scope of work.

Public Services Department
CIP Engineering Division

GLEN AYRE

RESERVOIR PROJECT O
820 0 820 1,640 2,460 410
Feet
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
G:\R-14\Proj\GIS\Agustin\glenayrereservoirproject.mxd

GLEN AYRE DR

SCOTT DR

JASPER HIGHLANDS DR

PROJECT

LOCATION

CASTLE HILL DR

DESCRIPTION
HydroScience Water Works Sandis

FIRM QUALIFICATIONS
Reviewer 1 8 10 9
Reviewer 2 9 7 9
Reviewer 3 10 8 7
Reviewer 4 9 9 9

UNDERSTANDING
Reviewer 1 9 8 10
Reviewer 2 7.5 9 6
Reviewer 3 10 8 6
Reviewer 4 8 9 7

OTHER FACTORS
Reviewer 1 9 9 9
Reviewer 2 7 7 6
Reviewer 3 10 7 7
Reviewer 4 8 9 7
Totals 104.5 100 92

7 CITY COUNCIL STAFF REPORT
MEETING DATE: February 19, 2025
PREPARED BY:

Charlie Ha, Supervising Civil Engineer
APPROVED BY: City Manager

APPROVE THE FIRST AMENDMENT TO THE SUBDIVISION

IMPROVEMENTS AGREEMENT FOR THE DAKOTA DUNNE
RESIDENTIAL SUBDIVISION (APN 726-09-104, -105, AND -106)

RECOMMENDATION(S)

1. Approve the First Amendment to the Subdivision Improvements Agreement for the Dakota Dunne Residential Subdivision;

2. Authorize the City Manager to execute the First Amendment to the Project's Subdivision Improvements Agreement with Michael F. Dunne, Jr. and Jonna M.

Dunne; and

3. Authorize the recordation of the First Amendment to the Subdivision Improvements Agreement.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Protecting the Environment and Preserving Open Space and Agricultural Land 2024-2025 Strategic Priorities
Economic Development and Tourism
Guiding Documents
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

The Dakota Dunne Project is a four-lot subdivision with three new single-family detached units and one existing single-family residence that will remain. It is located on the north side of Dakota Drive between Lotus Way and Corsica Way (see the attached Site Map, Attachment 1).

The City Council approved the project's Subdivision Improvements Agreement and Parcel Map on April 6, 2022; both were recorded on April 14, 2022. The public improvements required along the project frontages of Dakota Drive and Juliann Way include sanitary, storm, water, public utilities, and other associated street improvements.

The project's Subdivision Improvements Agreement has now expired. On January 15,

7 2025, the developers, Michael and Jonna Dunne, requested an extension of the Subdivision Improvements Agreement. The developers have made good-faith efforts to complete the public improvements. However, construction has been delayed due to the winter weather limiting the placement of the final lift of asphalt pavement along the public street frontages. The project is also applying for a future split of one of the new lots (Parcel 3) located south of Juliann Way. The extension of the term of the Subdivision Improvements Agreement will allow for the installation of utility laterals for future additional units.

Staff recommends extending the Subdivision Improvements Agreement and completing the public improvements by an additional six months from the date of the developers' request, with a new expiration date of July 15, 2025. Staff also recommends that the City Council authorize the City Manager to sign and record the First Amendment to the Subdivision Improvements Agreement (Attachment 2) on behalf of the City.

COMMUNITY ENGAGEMENT:

Inform
This report serves to inform the community of the recommended amendment to the Subdivision Improvements Agreement for the Dakota Dunne Subdivision.

ALTERNATIVE ACTIONS:

The City Council could decide not to approve the Amendment to the Subdivision Improvements Agreement. In that case, the developers would be required to enter into a new Subdivision Improvements Agreement with the City to complete the remaining public improvements required of the project.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On April 6, 2022, the City Council approved the Subdivision Improvements Agreement and Parcel Map for the Dakota Dunne Subdivision.

FISCAL AND RESOURCE IMPACT:

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

CEQA (California Environmental Quality Act):

Categorical Exemption
The project is exempt from CEQA pursuant to Section 15332, infill developments.

RECORDING REQUESTED BY

WHEN RECORDED RETURN TO

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

FIRST AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT
MICHAEL F. DUNNE, JR. AND JONNA M. DUNNE – DAKOTA DUNNE APN 726-09-104, 105, AND 106

THIS FIRST AMENDMENT TO THE SUBDIVISION IMPROVEMENTS AGREEMENT (“AMENDMENT”) is dated as of this _______ day of ________________, 2025, is entered into by and between the CITY OF MORGAN HILL, a California municipal corporation (“CITY”), and MICHAEL F. DUNNE, JR. AND JONNA M. DUNNE as trustees of the MICHAEL F. DUNNE, JR.

AND JONNA M. DUNNE LIVING TRUST U/A 6/6/2012 (“SUBDIVIDER”). SUBDIVIDER and CITY are collectively referred to as the “Parties”.

RECITALS
The following recitals are a substantive portion of this FIRST AMENDMENT:

1. This AMENDMENT is entered into pursuant to the action of the City Council on ____________________________, 2025.

2. The CITY and SUBDIVIDER entered into that Subdivision Improvements Agreement (ORIGINAL AGREEMENT) on April 11, 2022 to develop the property located on the north side of Dakota Drive between Lotus Way and Corsica Way in Morgan Hill, California, as a residential development project designated as Dakota Dunne (“Project”). The ORIGINAL AGREEMENT was recorded on April 14, 2022 with the Santa Clara County Recorder as document number 25282838 (see EXHIBIT A).

3. On April 14, 2022, the final map for Dakota Dunne was recorded with the Santa Clara County Recorder in Book 946 of Maps, pages 44 through 46.

4. Pursuant to the ORIGINAL AGREEMENT, the SUBDIVIDER is required to perform and complete all public improvements within eighteen (18) months from the date of the recording of the Final Map.

5. Pursuant to Section 6 of the ORIGINAL AGREEMENT, the City Manager may extend the deadline for completion by not more than six (6) months at her reasonable discretion and

determination that granting the extension will not be detrimental to the public welfare; however, the Subdivision Improvements Agreement is now expired.

6. The SUBDIVIDER has made good faith efforts to complete the improvements but has suffered several delays outside of its control.

7. On January 15, 2025, the SUBDIVIDER submitted a written request to extend the deadline by an additional six (6) months to complete the public improvements due to the winter weather limiting asphalt pavement placement of the final lift of the public street frontages, which requires warm weather to lay down asphalt pavement, and the project is applying for a future lot split of an existing lot, the additional time will allow for the installation of the utility laterals for the additional parcel’s unit.

8. The City Engineer deemed that the extension of the deadline by an additional six (6) months is necessary to allow the SUBDIVIDER to complete the projects public improvements.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. All terms and conditions of the ORIGINAL AGREEMENT shall remain in full force and effect, except that the following amendments shall be made as set forth below. a. Pursuant to Section 6 of the SUBDIVISION IMPROVEMENTS AGREEMENT, the time for performance is extended to July 15, 2025.
b. Section 14 of the ORIGINAL AGREEMENT is amended to provide the address of the Subdivider as follow:
i. Michael and Jonna Dunne
2068 Lincoln Avenue
San Jose, CA 95125
/ /
/ /
/ /

IN WITNESS THEREOF, the parties have executed this FIRST AMENDMENT on the day and year shown below.

ATTEST: CITY OF MORGAN HILL
By: By:

Michelle Bigelow, City Clerk Christina J. Turner, City Manager Date: Date:

APPROVED AS TO FORM: "Subdivider"
By: MICHAEL F. DUNNE, JR. AND
JONNA M. DUNNE LIVING TRUST
U/A 6/6/2012
Donald A. Larkin, City Attorney
Date: By:
______________________
Michael F. Dunne, Jr., Trustee
Date:

By:
______________________
Jonna Dunne, Trustee
Date:

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

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

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

WITNESS my hand and official seal.

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

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

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

WITNESS my hand and official seal.

SIGNATURE OF NOTARY PUBLIC
(ABOVE AREA FOR NOTARY SEAL)

EXHIBIT A

SUBDIVISION IMPROVEMENTS AGREEMENT

8 CITY COUNCIL STAFF REPORT
MEETING DATE: February 19, 2025
PREPARED BY:

Charlie Ha, Supervising Civil Engineer
APPROVED BY: City Manager

APPROVE THE FIRST AMENDMENT TO THE SUBDIVISION

IMPROVEMENTS AGREEMENT FOR THE SABINI COURT
RESIDENTIAL SUBDIVISION (APN: 773-32-017, -018, -019, AND -020)

RECOMMENDATION(S)

1. Approve the First Amendment to the Subdivision Improvements Agreement for the Sabini Court Subdivision;

2. Authorize the City Manager to execute the First Amendment to the Project's Subdivision Improvements Agreement with Strolata Properties, LLC; and

3. Authorize the recordation of the First Amendment to the Subdivision Improvements Agreement.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Protecting the Environment and Preserving Open Space and Agricultural Land 2024-2025 Strategic Priorities
Economic Development and Tourism
Guiding Documents
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

The Sabini Court Subdivision is a 4-lot single-family detached residential subdivision located at the southeast end of Sabini Court (see attached Site Map - Attachment 1).

The project's Subdivision Improvements Agreement was approved by the City Council on May 18, 2022 and was recorded on September 8, 2022. The public improvements to be constructed along the project's Sabini Court frontage include sanitary, storm, water, and other public improvements.

The project's Subdivision Improvements Agreement is now expired. On January 10, 2025, the developer, Strolata Properties, LLC, requested an extension of the Subdivision Improvements Agreement. The developer has made good faith efforts to complete the public improvements. However, due to delays with PG&E’s timing to

8 underground overhead utilities along the project’s Sabini Court frontage, additional time is needed by the project. Also, due to unknown deficiencies in the existing water system, the project performed additional work related to water main modifications at the request of City staff which were beyond those normally required to be completed.

Staff recommends the addition of reimbursement language to the Amendment to the Subdivision Improvements Agreement related to the water main modifications and also an extension of the completion of the public improvements by an additional six months from the date of the developer's request, with a new expiration date of July 10, 2025.

In addition, staff recommends that the City Council authorize the City Manager to sign and record the First Amendment to the Subdivision Improvements Agreement (Attachment 2) on behalf of the City.

COMMUNITY ENGAGEMENT:

Inform
This report serves to inform the community of the recommended amendment to Subdivision Improvements Agreement for the Sabini Court Subdivision.

ALTERNATIVE ACTIONS:

The City Council could decide not to approve the Amendment to the Subdivision Improvements Agreement. The Developer will then be required to enter into a new Subdivision Improvements Agreement with the City to complete the remaining public improvements required of the project.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On May 18, 2022, City Council approved the Subdivision Improvements Agreement for the Sabini Court Subdivision.

FISCAL AND RESOURCE IMPACT:

Development review costs for this project are paid for from development processing fees. The funds for reimbursement will be funded from the Water Fund as the work was done to repair the existing water system.

CEQA (California Environmental Quality Act):

Project
A Mitigated Negative Declaration was prepared in accordance with Section 21157.5 of the California Environmental Quality Act (CEQA) and approved on June 16, 2020.

RECORDING REQUESTED BY

WHEN RECORDED RETURN TO

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

FIRST AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT

STROLATA PROPERTIES, LLC

SABINI COURT

THIS FIRST AMENDMENT TO THE SUBDIVISION IMPROVEMENTS AGREEMENT (“AMENDMENT”) is dated as of this _______ day of ________________, 2025, is entered into by and between the CITY OF MORGAN HILL, a California municipal corporation (“CITY”), and Strolata Properties, LLC, a limited liability company (“SUBDIVIDER”). SUBDIVIDER and CITY are collectively referred to as the “Parties”.

RECITALS
The following recitals are a substantive portion of this FIRST AMENDMENT:

1. This AMENDMENT is entered into pursuant to the action of the City Council on ____________________________, 2025.

2. The CITY and SUBDIVIDER entered into that Subdivision Improvements Agreement (ORIGINAL AGREEMENT) on June 2, 2022, to develop the property located on the southeast end of Sabini Court in Morgan Hill, California, as a residential development project designated as Sabini Court (“Project”). The ORIGINAL AGREEMENT was recorded on September 08, 2022, with the Santa Clara County Recorder as document number 25369670 (see EXHIBIT A).

3. On September 8, 2022, the Final Map for Sabini Court was recorded with the Santa Clara County Recorder in Book 949 of Maps, pages 4 through 5.

4. Pursuant to the ORIGINAL AGREEMENT, the SUBDIVIDER is required to perform and complete all public improvements within eighteen (18) months from the date of the recording of the Final Map.

5. Pursuant to Section 6 of the ORIGINAL AGREEMENT, the City Manager may extend the deadline for completion by not more than six (6) months at her reasonable discretion and determination that granting the extension will not be detrimental to the public welfare; however, the Subdivision Improvements Agreement is now expired.

6. The SUBDIVIDER has made good faith efforts to complete the improvements but has suffered several delays outside of its control.

7. Additional work related to water main modifications beyond those normally required to be performed was requested by the CITY and performed by the SUBDIVIDER.

8. On January 10, 2025, the SUBDIVIDER submitted a written request to extend the deadline by an additional six (6) months to complete the public improvements due to delays with PG&E’s timing to underground overhead utilities along the project’s frontage of Sabini Court.

9. The City Engineer deemed that the extension of the deadline by an additional six (6) months is necessary to allow the SUBDIVIDER to complete the projects public improvements.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. All terms and conditions of the ORIGINAL AGREEMENT shall remain in full force and effect, except that the following amendments shall be made as set forth below. a. Pursuant to Section 6 of the SUBDIVISION IMPROVEMENTS AGREEMENT, the time for performance is extended to July 10, 2025.
b. SUBDIVIDER and CITY acknowledge and agree that the CITY will reimburse the SUBDIVIDER for the costs associated with the additional work completed by the SUBDIVIDER as described in Exhibit B (“Reimbursable Improvements”). A separate Reimbursement Agreement shall be entered into by the Parties. / /
/ /
/ /

IN WITNESS THEREOF, the parties have executed this FIRST AMENDMENT on the day and year shown below.

ATTEST: CITY OF MORGAN HILL
By: By:

Michelle Bigelow, City Clerk Christina J. Turner, City Manager Date: Date:

APPROVED AS TO FORM: "Subdivider"
By: STROLATA PROPERTIES, LLC
Donald A. Larkin, City Attorney
Date: By:
______________________
Paul Latala, Member
Date:

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

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

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

WITNESS my hand and official seal.

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

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

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

WITNESS my hand and official seal.

SIGNATURE OF NOTARY PUBLIC
(ABOVE AREA FOR NOTARY SEAL)

EXHIBIT A

SUBDIVISION IMPROVEMENTS AGREEMENT

Exhibit B
Reimbursable Improvements
Item Water Main Work Cost
1 Locate/excavate existing City water utilities outside project $12,180.00 2 Plumb blowoff and air release valve (ARV) to City line $4,497.00 3 Trench Backfill $3,256.00
4 Install concrete slab and set enclosure for ARV $1,325.00 5 Set two G5 boxes for water utility $1,040.00
Total $22,298.00

9 CITY COUNCIL STAFF REPORT
MEETING DATE: February 19, 2025
PREPARED BY:

Kim Mancera, Deputy City Clerk
APPROVED BY: City Manager

APPROVE CITY COUNCIL ASSIGNMENTS TO OUTSIDE AGENCIES
FOR 2025

RECOMMENDATION(S)

1. Approve the City Council assignments to Outside Agencies; and

2. Direct the City Clerk to notify the appropriate agencies of the updated assignments and update the Form 806 as necessary.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Protecting the Environment and Preserving Open Space and Agricultural Land Maintaining and Enhancing Infrastructure
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 2024-2025 Strategic Priorities
Fiscal Sustainability
Affordable Housing and Homelessness
Community Engagement
Economic Development and Tourism
Healthy Community
REPORT NARRATIVE:

The City Council is committed to actively participating in regional committees and agencies as an important way to influence decisions that impact Morgan Hill and to advocate for Morgan Hill. The City Council is asked to review, discuss, and make appointments to the outside agencies and did so at the February 7 City Council Goal Setting Workshop. The Appointments to Outside Agencies chart only includes appointments made by the City Council to outside agencies. It does not include appointments made by other agencies or organizations. The Mayor makes

9 appointments with ratification by the City Council.

Once the appointments are made, the City must post the Fair Political Practices Commission (FPPC) Form 806 on its website. The Form 806 lists all the paid appointed positions for which an official can vote on the City’s website, including those assignments that do not receive a stipend. Staff requests that council members notify the City Clerk’s Office immediately when new assignments are made and when there is compensation of $250.00 or more in a 12-month period.

COMMUNITY ENGAGEMENT:

Inform
This report serves to inform the community of the City Council assignments to outside agencies.

ALTERNATIVE ACTIONS:

Not Applicable
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The City Council reviews and confirms the assignments to outside agencies annually.

FISCAL AND RESOURCE IMPACT:

The time necessary to prepare and present this staff report is accommodated in the Council Services and Records Management Operating Budget. The level of City Council and staff resources necessary to actively participate in each outside assignment varies with some requiring a significant amount of time.

CEQA (California Environmental Quality Act):

Not a Project
The preparation of the City Council assignments to outside agencies is an administrative task and as such, is not a project.

C:\Users\angel.echavarria\Desktop\Agenda Prep\Updated Council Member Assignments to Committees 2025 1.21.25.docx

Category AGENCY NAME PURPOSE MEETS DELEGATES
(P=Primary)
(A=Alternate)
STAFF
REP/S
(If applicable)
Countywide
Santa Clara County Library
District Joint Powers Authority
1370 Dell Avenue
Campbell, CA 95008
Virginia Johnson,
Executive Assistant
[email protected]
408-293-2326 x3090
https://sccld.org/jpa/
Provide policy direction and
governance for the Santa Clara
County Library District. Cities of
Campbell, Cupertino, Gilroy, Los
Altos, Los Altos Hills, Milpitas,
Monte Sereno, Morgan Hill &
Saratoga.
2025 Schedule:

Meetings start at
12:00pm
• April 24
• June 5
• September 4
• October 30
• January 29,
2026
1370 Dell Avenue
Campbell, CA
(P) Turner
(A) Vega
Countywide
Silicon Valley Interoperability
Authority
Eric Nickel, Executive Director
[email protected]
(408) 615-5571
https://svria.org/
The Silicon Valley Regional
Interoperability Authority (SVRIA)
works to seamlessly integrate voice
and data communications between
law enforcement, the fire and rescue
service, emergency medical
services and emergency
management for routine operations,
critical incidents and disaster
response and recovery.

For 2025, meets at
4:00 pm:
• January 23
• March 27
• May 22
• September 25
• November 20
Santa Clara Police
Department Common
Room- 1st Floor
601 El Camino Real
Santa Clara, CA
(P) Tom Cline –
Gilroy
(A) Turner

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Category AGENCY NAME PURPOSE MEETS DELEGATES
(P=Primary)
(A=Alternate)
STAFF
REP/S
(If applicable)
Environmental
Santa Clara Valley Habitat Agency
Governing Board
535 Alkire Avenue, Suite 100
Morgan Hill, CA 95037
Ed Sullivan, Executive Officer
Edmund.sullivan@scvhabitatagency.org
(408) 779-7261
https://scvhabitatagency.org/31/GovernancePolicies
Serves as governing body for JPA
and makes all decisions except
those delegated to the
Implementation Board Staff.

Quarterly, 3rd
Thursday
3:00 pm - 5:00 pm
Morgan Hill City
Council Chamber
17555 Peak Ave
(P) Librers
(P) Vega
(A) Turner
(A) Iwanaga
Environmental
Santa Clara Valley Habitat Agency
Implementation Board
535 Alkire Avenue, Suite 100
Morgan Hill, CA 95037
Ed Sullivan, Executive Officer
Edmund.sullivan@scvhabitatagency.org
(408) 779-7261
https://scvhabitatagency.org/31/GovernancePolicies
Makes recommendations to the
Governing Board regarding fees and
budget, appoints executive officers
and hiring of other agency
personnel, services, and equipment,
makes decision regarding real
property acquisition and makes
recommendations to the executive
officers regarding grants and other
funding.

Bi-Monthly, 3rd
Thursday
3:00 pm - 5:00 pm
Morgan Hill City
Council Chamber
17555 Peak Ave
(P) Librers
(P) Vega
(A) Turner
(A) Iwanaga
(P) Carman
(A) Ramirez

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Category AGENCY NAME PURPOSE MEETS DELEGATES
(P=Primary)
(A=Alternate)
STAFF
REP/S
(If applicable)
Environmental
Silicon Valley Clean Energy
Authority
333 W. El Camino Real, Suite 290
Sunnyvale, CA 94087
Andrea Pizano
[email protected]
(408) 721-5301 x.1005
https://www.svcleanenergy.org/bo
ard
The JPA created to collectively
study, promote, develop, conduct,
operate, and manage energy supply
and efficiency programs related to
the provision of clean power.

Recommended two year assignment
per SVCE
2 nd Wednesday of
the month
7:00 pm
Cupertino
Community Hall
10350 Torre Ave
(P) Martinez
Beltran
(A) Carothers
Flood Control
Santa Clara Valley Water District
Elected Officials Quarterly Meeting
(Llagas Creek PL 566)
5750 Almaden Expressway
San Jose, CA 95118-3686
(mailing address)
Candice Kwok-Smith
[email protected]
408-630-2345
Specifically address Llagas Creek
flooding and Anderson Dam Retrofit
Project.

Quarterly on
Fridays
10:00 am
Currently held via
Zoom only
(P) Vega
(P) Iwanaga
(A) Martinez
Beltran
Chris Ghione,
Public Services
Director

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Category AGENCY NAME PURPOSE MEETS DELEGATES
(P=Primary)
(A=Alternate)
STAFF
REP/S
(If applicable)
Housing
Santa Clara County Housing &
Community Development Advisory
Committee (HCDAC)
Office of Supportive Housing
3180 Newberry Drive, Ste 150
San Jose, CA 95118
Les Clark
Clerk of the Board of SupervisorsRecords Division
[email protected]
408-299-5087
Katrina Anderson
Program Manager II
[email protected]
408-918-8626
The role of the HCD Advisory
Committee is to be the policyrecommending body to the Board of Supervisors on the planning,
implementation, monitoring, and
evaluation of the Urban County HCD
Program. The Committee guides the
development of a coordinated
housing and community
development plan and hears project
proposals, reviews staff
recommendations, and makes
recommendations to the Board of
Supervisors for final approval and
forwarding to HUD.

As needed
70 West Hedding
Street, 1st Floor
Board Chamber
(P) Martinez
Beltran
(A) Librers
John Lang,
Housing and
Economic
Mobility
Director

C:\Users\angel.echavarria\Desktop\Agenda Prep\Updated Council Member Assignments to Committees 2025 1.21.25.docx

Category AGENCY NAME PURPOSE MEETS DELEGATES
(P=Primary)
(A=Alternate)
STAFF
REP/S
(If applicable)
Local
Partnership
City-School Liaison Committee
Morgan Hill Unified School District;
15600 Concord Circle
or
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037-4128
Kelly Schriefer, Secretary to the
Superintendent, MHUSD
[email protected]
(408) 201-6001
Kim Mancera, Deputy City Clerk
[email protected]
(408) 310-4680
http://mhusd.org/board-ofeducation/cityschool-liaisoncommittee/ To facilitate communication between
the City and School District on
issues of common concern.

Every other month,
typically on Fridays
at 8:30 am
Meetings alternate
between the City of
Morgan Hill, City
Hall 17575 Peak
Ave
and
the Morgan Hill
Unified School
District Office
15600 Concord Cir
(P1) Turner
(P2) Vega
(A1) Librers
(A2) Martinez
Beltran
Christina
Turner, City
Manager
Shane
Palsgrove,
Police
Chief
Chris Ghione,
Public
Services
Director

C:\Users\angel.echavarria\Desktop\Agenda Prep\Updated Council Member Assignments to Committees 2025 1.21.25.docx

Category AGENCY NAME PURPOSE MEETS DELEGATES
(P=Primary)
(A=Alternate)
STAFF
REP/S
(If applicable)
Local
Partnership
South County Youth Task Force –
Policy Team
7301 Hanna Street
Gilroy, CA 95020
Bernice Aguilera
SCYTF Program Manager
[email protected]
(408) 608-8384
Sandra Cruz
South County Youth Task Force
Coordinator
[email protected]
(408) 846-0337
Interim Contacts
Aesha Sandoval
[email protected]
Sandra Quintanar
[email protected]
The South County Youth Task Force
is a collaboration of local
governments, school districts,
community and faith-based
organizations, and law enforcement
agencies in South County who are
committed to serving, supporting,
and uplifting our youth so that they
have the opportunity to thrive.
2025 Schedule,
meets at 10:00 am
• January 15
Morgan Hill
Council
Chamber
17555 Peak
Ave
• March 19
Community
Room Gilroy
PD
7301 Hanna St.
• May 21
Morgan Hill
Council
Chamber
• August 20
Community
Room Gilroy
PD
• September 17
Morgan Hill
Council
Chamber
• November 19
Community
Room Gilroy
PD
(P1) Turner
(P2) Librers
The Mayor and
one Council
Member are exofficio members
of the Policy
Team
Christina
Turner, City
Manager
Shane
Palsgrove,
Police
Chief
Chris Ghione,
Public
Services
Director

C:\Users\angel.echavarria\Desktop\Agenda Prep\Updated Council Member Assignments to Committees 2025 1.21.25.docx

Category AGENCY NAME PURPOSE MEETS DELEGATES
(P=Primary)
(A=Alternate)
STAFF
REP/S
(If applicable)
Regional
Government
ABAG
375 Beale Street
San Francisco
Fred Castro, Clerk of the Board
[email protected]
(415) 820-7913
https://abag.ca.gov/overview/ga.ht
ml
Council of governments
representing Cities & Counties in the
Bay Area; a comprehensive
planning agency addressing
regional social, environmental, and
economic issues.

Meets annually
usually in June
June 20, 2025
Location varies
(Oakland or San
Francisco)
(P) Martinez
Beltran
(A) Turner
(P) Jennifer
Carman,
Community
Development
Director
(A) Edith
Ramirez,
Assistant City
Manager
Regional
Government
Cities Association of Santa Clara
County Board
PO Box 1079
Los Gatos, CA 95031
Shali Sirkay- Executive Director
[email protected]
408455-4154
http://citiesassociation.org/aboutus.php
Promotes cooperation, represents
the mutual interest, and presents a
unified voice for the fifteen cities of
Santa Clara County; each city in
Santa Clara County appoints the
Mayor or a Council Member to the
Board of Directors; advocates for
positive action to enhance the
quality of life for the people of our
county.

Monthly 2nd
Thursday- Except
for July &
December
7:00 pm
456 W. Olive Ave
Sunnyvale
Sycamore
Conference Room
(P) Turner
(A) Librers
None, unless
Morgan Hill
serves as
President, then
City Manager

C:\Users\angel.echavarria\Desktop\Agenda Prep\Updated Council Member Assignments to Committees 2025 1.21.25.docx

Category AGENCY NAME PURPOSE MEETS DELEGATES
(P=Primary)
(A=Alternate)
STAFF
REP/S
(If applicable)
Regional
Government
Cities Association of Santa Clara
County Board
City Selection Committee
PO Box 1079
Los Gatos, CA 95031
Shali Sirkay- Executive Director
[email protected]
408455-4154
http://citiesassociation.org/aboutus.php
The committee makes
recommendations on appointments
to regional and countywide
organizations.

Meets as needed
before the Cities
Association Board
Meeting
456 W. Olive Ave
Sunnyvale
(P) Turner
(A) Librers
Regional
Government
Cities Association of Santa Clara
County Board
Legislative Action Committee
PO Box 1079
Los Gatos, CA 95031
Shali Sirkay- Executive Director
[email protected]
408455-4154
http://citiesassociation.org/aboutus.php
The committee provides basic
legislative updates to cities with little
or no legislative staff, organizes
emergency responses to urgent
issues, and enables the Cities
Association to advocate on issues of
mutual interest.

Meets as needed
before the Cities
Association Board
Meeting
456 W. Olive Ave
Sunnyvale
(P) Turner
(A) Librers
Regional
Government
League of California Cities
Peninsula Division
Montana Cruz
Regional Public Affairs
Manager, Peninsula Division
415-298-4940
[email protected]
http://www.cacities.org/MemberEngagement/RegionalDivisions/Peninsula Comprised of the 36 cities from San
Francisco to Gilroy, division
members work together to enhance
the quality of life in our communities,
our region, and our state.
4 meetings per
year:
special meetings
added as needed
(P) Librers
(A) Turner

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Category AGENCY NAME PURPOSE MEETS DELEGATES
(P=Primary)
(A=Alternate)
STAFF
REP/S
(If applicable)
Transportation
Caltrain Local Policy Maker Group
1250 San Carlos Avenue
San Carlos, CA 94070
(650) 508-6200
Casey Fromson
[email protected]
(650) 288-7625
Isabella Confertil
[email protected]
http://www.caltrain.com/projectspla
ns/CaltrainModernization/Meetings
.html
Advisory group comprised of elected
officials and provides a formal venue
to facilitate local input and guidance
on the Caltrain Modernization
Program.

Bi-Monthly 4th
Thursday
5:30 pm
*Tentative dates
• January 23
• March 27
• May 22
• July 24
• September 25
• December 12
Zoom
(P) Librers
(A) Martinez
Beltran
Edith Ramirez,
Assistant City
Manager
Tiffany Brown,
Senior Planner
Transportation
Comprehensive County
Expressway Planning Study Policy
Advisory Board
Santa Clara County Roads and
Airports
101 Skyport Drive
San Jose, Ca 95110-1302
Ben Aghegnehu
[email protected]
(408) 573-2462
http://sccgov.iqm2.com/citizens/def
ault.aspx?
Provides an elected officials’ forum
for policy input to the Expressway
Plan 2040 – a long range plan for
the improvement and maintenance
of the eight County expressways
and the Santa Teresa-Hale Corridor.

All areas of need are included:
capacity and operational
improvements, signal operations,
high-occupancy vehicle (HOV)
lanes, bicycle, and pedestrian
improvements, finishing elements,
and ongoing operating and
maintenance needs and funding
strategy recommendations.

As needed
70 West Hedding
Street, 1st Floor
Board Chamber
(P) Turner
(A) Librers
Chris Ghione,
Public Services
Director

C:\Users\angel.echavarria\Desktop\Agenda Prep\Updated Council Member Assignments to Committees 2025 1.21.25.docx

Category AGENCY NAME PURPOSE MEETS DELEGATES
(P=Primary)
(A=Alternate)
STAFF
REP/S
(If applicable)
Transportation
Santa Clara Valley Transportation
Authority (VTA)
Policy Advisory Committee (PAC)
3331 North First Street, Building B1
st Floor
San Jose, CA 95134-1927
Michelle Oblena
Advisory Committee Coordinator
[email protected]
(408) 321-5814
Elaine Baltao, Board Secretary
[email protected]
(408) 321-5680
http://www.vta.org/getinvolved/advisorycommittee/policy-advisorycommittee-pac Advises the VTA Board of Directors
on policy matters relating to
transportation and congestion
management.

Board Member cannot serve on the
PAC.
(Note: participation is Statemandated)
Monthly, 2nd
Thursday
4:00 pm
VTA River Oaks
Campus
1331 N. 1st Street
Room B-104
San Jose
(P) Martinez
Beltran
(A) Librers
Chris Ghione,
Public Services
Director
Edith Ramirez,
Assistant City
Manager
Transportation
Santa Clara Valley Transportation
Authority (VTA)
MG - Group 4
Cities of Morgan Hill and Gilroy
advise the PAC (see above) on
transportation policy and funding
issues. Discuss transportation items
of mutual interest to the cities of
Morgan Hill and Gilroy
Tuesday before
each Thursday
Board meeting,
9:00 am
Zoom
(P) Turner
(A) Martinez
Beltran
Christina
Turner, City
Manager
Chris Ghione,
Public Services
Director
Edith Ramirez,
Assistant City
Manager

C:\Users\angel.echavarria\Desktop\Agenda Prep\Updated Council Member Assignments to Committees 2025 1.21.25.docx

Category AGENCY NAME PURPOSE MEETS DELEGATES
(P=Primary)
(A=Alternate)
STAFF
REP/S
(If applicable)
Transportation
Santa Clara Valley
Transportation Authority (VTA)
Board of Directors
3331 North First
Street
San Jose, CA 95134-1906
Elaine Baltao, Board Secretary
[email protected]
(408) 321-5680
http://www.vta.org/getinvolved/board-ofdirectors
Reviews issues relating to
transportation and congestion
management.

Monthly, 1st
Thursday
5:30 pm
County
Government Center
70 W. Hedding St.

San Jose
(P) Turner
(A) Bozzo (Gilroy)
(Alternates
between MH and
Gilroy every two
years based on
VTA preference –
sometimes longer
for continuity)
Christina
Turner, City
Manager
Chris Ghione,
Public Services
Director
Edith Ramirez,
Assistant City
Manager
Water/Wastewater
Santa Clara Valley Water
Commission
5750 Almaden
Expressway San Jose, CA
95118-3686
(mailing address)
Stephanie Simunic
[email protected]
Advises the District on water supply,
legislative issues, and integrated
water resource management.
(Note: Most issues relate to
imported water; Morgan Hill is 100%
ground water)
Meetings at noon:
• January 22
• April 9
• July 23
• October 22
Santa Clara Valley
Water District
Headquarters
Building Boardroom
5700 Almaden Exp,
San Jose
(P) Martinez
Beltran
(A) Vega
James Sylvain,
Deputy
Director for
Utilities
Services
Tanya
Carothers,
Environmental
Programs
Administrator

C:\Users\angel.echavarria\Desktop\Agenda Prep\Updated Council Member Assignments to Committees 2025 1.21.25.docx

Category AGENCY NAME PURPOSE MEETS DELEGATES
(P=Primary)
(A=Alternate)
STAFF
REP/S
(If applicable)
Water/Wastewater
South County Regional
Wastewater Authority
(SCRWA) Board Meeting
1500 Southside Drive
Gilroy, CA 95020
Kerry Edmonds
[email protected]
Deputy Secretary of the Board
(408) 848-0480
Saeid Vaziry, P.E.

[email protected]
Secretary of the Board
http://www.ci.gilroy.ca.us/561/S
out h-County-RegionalWastewater- Authori
The South County Regional
Wastewater Authority established by
Joint Powers Agreement (cities of
Gilroy & Morgan Hill) to provide
common authority relating to Joint
Wastewater Gilroy/Morgan Hill
Sewage Treatment Plant located in
Gilroy.
1 st Wednesday of
the Month,
Quarterly
8:00 am
1500 Southside Dr
Gilroy
(P1) Martinez
Beltran
(P2) Iwanga
(A) Turner
(A) Librers
(A) Vega
James Sylvain,
Deputy
Director for
Utilities
Services
Chris Ghione,
Public Services
Director
Christina
Turner, City
Manager
Water/Wastewater
Joint Water Resource
Committee 5750 Almaden
Expressway
San Jose, CA 95118-3686
(mailing address)
Nicole Merritt
[email protected]
(408) 630-3262
http://www.valleywater.org/Abo
ut/
CitiesofGilroyMorganHill.aspx
Advance South County Water
interests. Ensure the continued
utilization of recycled water in South
County and promote the expansion
of water reuse in the region and to
advance recycled water production,
distribution, and wholesaling in
South County.

Meetings follow
SCRWA Board
Meetings - 1st
Wednesday of the
Month, Quarterly
(at the request of
the committee)
1500 Southside Dr
Gilroy
(P1) Martinez
Beltran
(P2) Iwanaga
(A) Turner
(A) Librers
(A) Vega
The members
of SCRWA
board also
serve on this
committee.

Christina
Turner, City
Manager
Chris Ghione,
Public Services
Director
James Sylvain,
Deputy
Director for
Utilities
Services

LIST OF CITY COUNCIL ADJUNCT COMMITTEES
Mayor Mark Turner
• Morgan Hill Chamber of Commerce Board (Mayor is ex-officio member) • VTA Mobility Partnership Committee
• Cities Association, City Selection Committee LAFCO Board Member Council Member Yvonne Martinez Beltran
• Peninsula Division Executive Board Secretary, Cal Cities • Housing, Economic, and Community Development Policy Committee for Cal Cities Council Member Marilyn Librers
• Transportation, Communication, and Public Works Policy Committee for Cal Cities Council Member Soraida Iwanaga
• City Liaison to the Sister City Committee

Outside Agency Primary 1 Primary 2 Alternate 1 Alternate 2 Alternate 3 1 SCC Library District JPA Turner ------ Vega ------ ------ 2 Silicon Valley Interoperability Authority Cline (Gilroy) ------ Turner ------ ------ 3 SCV Habitat Agency Governing Board Librers Vega Turner Iwanaga ------ 4 SCV Habitat Agency Implementation Board Librers Vega Turner Iwanaga ------ 5 Silicon Valley Clean Energy Martinez Beltran ------ City Teammate ------ ------ 7 SCVWD Elected Officials PL566 Vega Iwanaga Martinez Beltran ------ ------ 8 SCC Housing & Community Development
Advisory Committee Martinez Beltran ------ Librers ------ ------ 9 City/School Liaison Committee Turner Vega Librers Martinez Beltran ------ 10 South County Youth Task Force Turner Librers ------ ------ 11 ABAG Martinez Beltran ------ Turner ------ ------
12 Cities Association Turner ------ Librers ------ ------ 13 Cities Association - City Selection Committee Turner ------ Librers ------ ------ 14 Cities Association - Legislative Action Committee Turner ------ Librers ------ ------ 15 LOCC Peninsula Division Librers ------ Turner ------ ------ 16 Caltrain Policy Maker Group Librers ------ Martinez Beltran ------ ------ 17 Comprehensive County Expressway Planning
Policy Advisory Board Turner ------ Librers ------ ------ 18 VTA Policy Advisory Committee Martinez Beltran ------ Librers ------ ------ 19 VTA MG-Group 4 Turner ------ Martinez Beltran ------ ------ 20 VTA Board of Directors Turner ------ Bozzo (Gilroy) ------ ------ 21 Valley Water Commission Martinez Beltran ------ Vega ------ ------ 22 South County Regional Wastewater Authority Martinez Beltran Iwanaga Turner Librers Vega 23 Joint Water Resource Committee Martinez Beltran Iwanaga Turner Librers Vega

Totals
Primary Alternate
Turner 9 7
Iwanaga 3 2
Librers 5 9
Martinez Beltran 7 4
Vega 4 4

City Council
Meeting Minutes
Mark Turner - Mayor
Marilyn Librers - Mayor Pro Tem
Miriam Vega - Council Member
Yvonne Martínez Beltrán - Council Member
Soraida Iwanaga - Council Member
Wednesday, January 15, 2025 6:00 PM
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037

CALL TO ORDER
Mayor Turner called the City Council meeting to order at 6:00 p.m.

ROLL CALL ATTENDANCE
Deputy City Clerk Kim Mancera called the roll.

PRESENT Miriam Vega, Soraida Iwanaga, Yvonne Martinez Beltran, Mark Turner, Marilyn Librers
ABSENT None

DECLARATION OF POSTING AGENDA
Deputy City Clerk Kim Mancera declared the posting of the agenda.

SILENT INVOCATION

PLEDGE OF ALLEGIANCE

PRESENTATIONS
YAC Presentation

January 15, 2025
2 CITY COUNCIL REPORTS
Mayor Turner spoke about the past VTA board meeting he attended. He announced they have adopted the Zero Emission Bus Blueprint, which must be in place by 2040.

He discussed the Santa Clara Library District's 5-year strategic plan that is in place. He mentioned that one of the four priorities is to inspire building the foundations of literacy within our community. This immersive type of children's area will be constructed at the library. It is scheduled to take place beginning mid-February and will be completed by mid-April. He announced that the Edward Boss Prado Foundation distributed approximately 1,500 jackets and sweaters. He shared that they are now collecting toiletry kits to be delivered to a facility in Southern California that will house approximately 600 to 1,000 residents. There is a repository at City Hall where toiletry kits can be dropped off. He mentioned that he has been working with Valley Water, having conversations regarding the fire safety plan for Morgan Hill and some of the concerns about water resources. They are working to set up a fire safety South County community awareness meeting sometime in February.

CITY MANAGER'S REPORT
City Manager Christina Turner gave an update on the Santa Clara County Board of Supervisors vote to dissolve the South Santa Clara County Fire District and annex its service area into the Santa Clara County Central Fire Protection District (County Fire) and the next steps. She announced that at the end of the month, the International City/County Management Association (ICMA) will host an Economic Mobility and Opportunity conference in Morgan Hill. She discussed the Point in Time Count. The 2025 Point-in-Time Count (PIT Count) is scheduled for Wednesday, January 22nd. The PIT Count, conducted biennially, is a vital tool to quantify the extent of homelessness in our community. This information is crucial for securing essential federal and state resources and informs the development and implementation of effective strategies to move individuals and families experiencing homelessness toward stable housing. She also wanted to thank the many volunteers who have signed up for the count and the community members who have donated hygiene kits. She announced that the new East Dunne Reservoir Project is now under construction. This project will construct a 900,000-gallon water tank and will take years to complete. You will see work on East Dunne Avenue, just past Flaming Oaks Drive. She discussed the Upper Llagas Flood Protection Project. Residents may be noticing significant work on Hale Avenue between Wright and Main. The current work is relocating existing utilities out of the way of the future large box culvert that will be installed under the road. Residents can expect to see minor traffic delays for the next few months before seeing a major roadway closure for the project near the end of April. She reminded residents that a Centennial Recreation Center and Aquatics Center membership is a perfect way to help kick off a healthy 2025. She concluded by sharing information about a Pilot Program for Downtown Cameras. The City is partnering with Flock to pilot up to ten PTZ (pan, tilt, zoom) cameras for 60 days in the downtown area. If successful, the cameras will be an asset for special events held on 3rd Street.

CITY ATTORNEY'S REPORT
None.

January 15, 2025
3 OTHER REPORTS
Council Member Martinez Beltran shared that she attended the Peninsula Division Retreat for the League of Cities on December 12. On January 24, they will be holding a legislative summit. She shared that she also attended the grand opening of Chocotella Downtown on December 12. She spoke about the Holiday Posada on December 14, which included food, music, cultural entertainment, prizes and gifts for the kids, and some bilingual caroling. She recognized Elizabeth Carvajal. She was a community leader in Morgan Hill and Gilroy. She shared that a press conference was held in Gilroy on December 19, where several leaders expressed the need to support our immigrant and undocumented population. On December 20, there was a ceremony with other leaders held in Gilroy to honor the unhoused neighbors who have passed away. She shared her condolences to the families that we lost in the recent accidents on Monterey Rd. She concluded by sharing that Supervisor Betty Duong has been sworn in and is the first Vietnamese Supervisor in Santa Clara County.

PUBLIC COMMENT
Public comment opened at 6:18 p.m. The following people were called to speak:

Steve Chappell
Mitchell Kirk
Ben Palm
Brian Turner
Levi Fistori
There being no further requests to speak, public comment closed.

ADOPTION OF AGENDA
MOTION:

Adopting the agenda as posted and moving item 5 to the end of the agenda with a start time of no earlier than 7:00 p.m.

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

CONSENT CALENDAR

January 15, 2025
4 Items appearing on the Consent Calendar are considered routine and may be approved by one motion. Pursuant to City Council Policies and Procedures (CP 97-01), any member of the Council or public may request to have an item removed from the Consent Calendar for comment and action.

Public comment opened at 6:31 p.m.

Doug Muirhead was called to speak.

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

MOTION:

Approving consent calendar items 1 and 3.

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

1. APPROVE THE DECEMBER 4, 2024 AND THE DECEMBER 11, 2024 CITY

COUNCIL MEETING MINUTES
Recommendation:

Approve minutes.

3. RATIFY THE CITY MANAGER'S EXECUTION OF THE FIRST AMENDMENT TO AGREEMENT WITH MONTEREY BAY OFFICE PRODUCTS, INC. FOR

THE PURCHASE AND MAINTENANCE OF THE CITY'S MULTI-FUNCTION

PRINTERS
Recommendation:

Ratify the City Manager's execution of the first amendment to the agreement with Monterey Bay Office Products, Inc. for the purchase of the City's multi-function printers.

ITEMS PULLED FOR DISCUSSION

2. AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH TOOLE DESIGN FOR $220,250 FOR THE DEVELOPMENT OF A

COMPREHENSIVE SAFETY ACTION PLAN
Recommendation:

January 15, 2025
5 1. Authorize the City Manager to execute a consultant agreement with Toole Design for the development of a Comprehensive Safety Action Plan for the City of Morgan Hill; and

2. Adopt a resolution amending the FY24-25 Capital Improvement Program Budget appropriating $220,250 in expenses and $200,500 in grant revenue within the Traffic Impact Fund (309).

Assistant City Manager/Public Services Director Chris Ghione provided a report.

Public comment opened at 6:37 p.m. There being no requests to speak, public comment closed.

MOTION:

Approving the recommended action.

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

4. RECEIVE MONTHLY BUDGET UPDATE AND NOVEMBER 2024 FINANCIAL

AND INVESTMENT REPORTS
Recommendation:

Receive and file report.

Finance Director Dat Nguyen provided a report.

Public comment opened at 6:43 p.m. There being no requests to speak, public comment closed.

MOTION:

Approving the recommended action.

RESULT: Passed
MOVER: Mayor Pro Tem Librers
SECONDER: Council Member Martinez Beltran
AYES: Council Member Iwanaga, Mayor Turner, Mayor Pro Tem Librers, Council

January 15, 2025
6 Member Martinez Beltran, Council Member Vega
NAYS: None
ABSTAIN: None
ABSENT: None

PUBLIC HEARINGS

6. ADOPT RESOLUTION AMENDING THE TEXT OF THE MORGAN HILL 2035

GENERAL PLAN TO ELIMINATE THE FLOOR AREA RATIO FOR THE MIXED

USE FLEX LAND USE DESIGNATION AND INTRODUCE ORDINANCE
(ZA2024-0002) AMENDING CHAPTER 12.32 (RESTRICTIONS ON REMOVAL OF SIGNIFICANT TREES) WITHIN TITLE 12 (STREET, SIDEWALKS AND

PUBLIC PLACES) OF THE MUNICIPAL CODE OF THE CITY OF MORGAN HILL AND VARIOUS CODE PROVISIONS WITHIN TITLE 18 (ZONING) OF

THE MUNICIPAL CODE OF THE CITY OF MORGAN HILL IMPLEMENTING

UPDATES TO ACCESSORY DWELLING UNIT PROVISIONS TO COMPLY WITH SENATE BILL 477 AND SENATE BILL 1211; IMPLEMENTING

REPRODUCTIVE HEALTH COMMUNITY CLINICS BY-RIGHT TO COMPLY WITH ASSEMBLY BILL 2085; UPDATES TO PARKING PROVISIONS TO COMPLY WITH ASSEMBLY BILL 2097; AND IMPLEMENTING MINOR

AMENDMENTS DUE TO CLERICAL ERRORS AND INCONSISTENCIES
Recommendation:

1. Open/close the public hearing;

2. Adopt a Resolution approving an amendment to the text of the Morgan Hill 2035 General Plan to eliminate the Floor Area Ratio for the Mixed Use Flex land use designation;

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

4. Introduce Ordinance Amendment.

Principal Planner Adam Paszkowski provided a report and presentation.

Public comment opened at 7:12 p.m. The following people were called to speak:

Levi Fistori
Steve Chappell
Armando Benavidas
There being no further requests to speak, public comment closed.

MOTION:

Continuing section 2 of item 6 to a future date not yet determined.

RESULT: Passed
MOVER: Council Member Martinez Beltran
SECONDER: Mayor Pro Tem Librers

January 15, 2025
7 AYES: Council Member Iwanaga, Mayor Turner, Mayor Pro Tem Librers, Council Member Martinez Beltran, Council Member Vega
NAYS: None
ABSTAIN: None
ABSENT: None
MOTION:

Waiving the first and second reading of the ordinance.

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

Introducing the ordinance removing the sections on trees and FAR.

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

OTHER BUSINESS

7. DOWNTOWN MORGAN HILL IMPROVEMENT DISTRICT 2024 ANNUAL REPORT

January 15, 2025
8 Recommendation:

Accept and file the Downtown Morgan Hill Improvement District Annual Report.

Economic Development Director Matt Mahood provided a report and presentation.

Public comment opened at 8:00 p.m. There being no requests to speak, public comment closed.

Report received.

8. SELECT AND APPOINT CITY COUNCIL MAYOR PRO TEMPORE
Recommendation:

1. Open floor to nomination(s) for Mayor Pro Tempore; and

2. Select a Council Member to serve as Mayor Pro Tempore per City Council Policy 99-01.

City Manager Christina Turner provided a report.

Public comment opened at 8:04 p.m. There being no requests to speak, public comment closed.

Mayor Pro Tem Librers nominated Council Member Martinez Beltran. Council voted unanimously to appoint Council Member Martinez Beltran as Mayor Pro Tempore.

The meeting recessed at 8:06 p.m. and reconvened at 8:11 p.m.

5. ADOPT RESOLUTION APPROVING COMMENCEMENT OF 2025 WEED

ABATEMENT PROGRAM
Recommendation:

1. Open/Close public hearing; and

2. Adopt a resolution authorizing Santa Clara County to commence hazardous vegetation abatement activities.

Assistant City Manager/Public Services Director Chris Ghione provided a report.

Council Member Librers and Council Member Iwanaga recused themselves due to a conflict of interest.

MOTION:

Approving the recommended action.

January 15, 2025
9 RESULT: Passed
MOVER: Council Member Martinez Beltran
SECONDER: Council Member Vega
AYES: Mayor Turner, Council Member Martinez Beltran, Council Member Vega NAYS: None
ABSTAIN: None
ABSENT: Mayor Pro Tem Librers, Council Member Iwanaga

FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Martinez Beltran would like to discuss fire safety in Jackson Oaks and Holiday Lake Estates.

CLOSED SESSION
City Attorney Donald Larkin announced the closed session item.

The meeting adjourned to a closed session at 8:19 p.m.

Conference with Legal Counsel – Existing Litigation (§ 54956.9) Cheryl Dominguez v. City of Morgan Hill: Workers Compensation Claim Nos. MHL1900016

OPPORTUNITY FOR PUBLIC COMMENT

ADJOURNMENT
There being no further business, Mayor Turner adjourned the meeting at 8:30 p.m. in honor of former Council Members Spring and Borgioli.

Minutes Prepared by:

Kim Mancera, Deputy City Clerk

11 CITY COUNCIL STAFF REPORT
MEETING DATE: February 19, 2025
PREPARED BY:

Yat Cho, Senior Project Manager
APPROVED BY: City Manager

AWARD MORGAN HILL MAGICAL BRIDGE SHADE STRUCTURE
PROJECT TO G&G BUILDERS INC. IN THE AMOUNT OF $392,933

RECOMMENDATION(S)

1. Approve the Morgan Hill Magical Bridge Shade Structure Project Plans and Specifications;

2. Award contract to G&G Builders Inc. in the amount of $392,933;

3. Authorize the expenditure of construction contingency funds not to exceed $100,000;

4. Authorize the City Manager to execute and administer the construction contract with G&G Builders Inc.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Maintaining and Enhancing Infrastructure
Supporting our Youth, Seniors, and Entire Community
2024-2025 Strategic Priorities
Fiscal Sustainability
Healthy Community
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
REPORT NARRATIVE:

The Morgan Hill Magical Bridge/Inclusive Playground Project was completed in 2022.

Since its inception, there has been a need to add shade structures to the inclusive playground for shading and enhance the park's usability during warmer weather.

The City of Morgan Hill received a $300,000 Community Development Block Grant (CDBG) from the County of Santa Clara for this project. Once the City received approval for the grant, staff began working on the design.

The plans and specifications were completed in November 2024, and the project went to bid for the installation of five shade structures within the Morgan Hill Magical

11 Bridge/Inclusive Playground location. The bid opening was held on January 22, 2025, and two bids were received as follows:

G&G Builders Inc. $392,933
Suarez and Munoz, Inc. $411,000
G&G's bid of $392,933 is approximately 12.2% higher than the engineer's estimate of $350,000. G&G is an experienced contractor with the qualifications to perform this project. Staff recommends the award of the contract to G&G Builders Inc. for $392,933.

Staff is requesting a contingency of $100,000 as the sizing of the foundation, poles, and shade structures may change depending on the existing location of underground utilities. If approved, the project is scheduled to commence in March 2025 and be completed by late summer 2025, pending any possible weather issues.

The plans and specifications are available for review on the City's website at https://www.morganhill.ca.gov/1436/Project-Plans-Specifications-and-Bid-Res COMMUNITY ENGAGEMENT:

Inform
It is important to provide community updates and outreach for this project as there may be significant impacts to the Magical Bridge/Inclusive Playground during construction.

Before and during construction, the project's progress will be updated weekly on social media and the City website. Additional outreach by the contractor through signage at the park will also be implemented.

ALTERNATIVE ACTIONS:

The City Council may reject the bids for this construction contract and request that the project be re-bid. Staff does not recommend this alternative, as it may delay the project for over four months and may not result in cost savings. Any delays may jeopardize the grant funding for this project.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The City Council adopted the approved FY 2024-25 through 2029-30 Capital Improvement Program Budget on June 19, 2024.

FISCAL AND RESOURCE IMPACT:

If approved, the total authorization for this project will be $492,933, including a $100,000 contingency. It is funded in the current adopted budget (FY24-25) and is budgeted under Project PR1004 (Quimby Fund 375). Upon completion, staff will request a reimbursement of up to $300,000 from the CDBG Grant. The remaining funding is available and appropriated in Project PR1005, Park Facility Renovation and Expansion.

CEQA (California Environmental Quality Act):

Categorical Exemption
The activities described in this Staff Report are categorically exempt under CEQA,

11 specifically pursuant to Section 15301 of CEQA Guidelines (Existing Facilities), item (e) additions to existing structures provided that the addition will not result in an increase of more than: (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less.

Public Services Department
CIP Engineering Division

MORGAN HILL

MAGICAL BRIDGE SHADE

STRUCTURE PROJECT O
820 0 820 1,640 2,460 410
Feet
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
G:\R-14\Proj\GIS\Agustin\CommunityParkbridgestructure.mxd

OLYMPIC
DR

WHITNEY WAY

BRYCE DR

W EDMUNDSON AVE

YELLOWSTONE DR

PROJECT

LOCATION

12 CITY COUNCIL STAFF REPORT
MEETING DATE: February 19, 2025
PREPARED BY:

Maria Angeles, Senior Civil Engineer
APPROVED BY: City Manager
RECEIVE ANNUAL REPORT ON 2024 CITY ENGINEER

ACCEPTANCES OF PUBLIC IMPROVEMENTS COMPLETED BY

PRIVATE DEVELOPMENT PROJECTS

RECOMMENDATION(S)
Accept and file Annual Report on 2024 City Engineer acceptances of public improvements completed by private development projects.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Preserving and Cultivating Public Trust
REPORT NARRATIVE:

On December 2, 2020, the City Council approved the delegation of authority from the City Council to the City Engineer to accept the public improvements completed by private development projects. This delegation of authority was done to streamline the project acceptance process and reduce administrative costs. At the December 2020 City Council meeting, City Council directed staff to bring back periodic reports to the Council on the project acceptances performed by the City Engineer. This is the fourth annual report to the City Council. The first, second, and third annual reports included development projects accepted in calendar years 2021, 2022, and 2023, respectively.

The attached report shows detailed information about the development projects accepted by the City Engineer in calendar year 2024.

COMMUNITY ENGAGEMENT:

This report serves to inform the City Council and Community about the project acceptances performed by the City Engineer in calendar year 2024.

ALTERNATIVE ACTIONS:

Not Applicable – acceptance of a report only; no action is required.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

December 2, 2020 – City Council formally delegated the authority to accept the public improvements completed by private development projects from the City Council to the City Engineer.

12 February 16, 2022 – City Council accepted the first annual report on City Engineer acceptances of public improvements completed by private development projects in calendar year 2021.

March 15, 2023 – City Council accepted the second annual report on City Engineer acceptances of public improvements completed by private development projects in calendar year 2022.

February 21, 2024 – City Council accepted the third annual report on City Engineer acceptances of public improvements completed by private development projects in calendar year 2023.

FISCAL AND RESOURCE IMPACT:

The acceptance of this report has no fiscal impact.

CEQA (California Environmental Quality Act):

Not a Project
The acceptance of this report is considered “an organizational or administrative activity of a government that will not result in direct or indirect physical changes in the environment.”

No. Date of Acceptance by City Engineer Date of Project Completion Project Name Project Description Project Location APN Developer Name Date of Subdivision
Improvements
Agreement or
Improvement
Agreement
Date of Council
Approval of
Final Map
Streets Accepted Street Lengths (miles) Other Improvements Accepted Value of the Public Improvements Accepted 1 3/21/2024 12/20/2023 San Sebastian Phase 2 75-Lot residential subdivision Cochrane Road,
approximately 1500
feet east of Saint
Marks Drive
728-60-060 to 728-60-075;728-61-001 to 728-61-026;728-61-028 to 728-61-052; 728-61-053
728-61-056 to 728-61-062
TOLL CA XX, L.P. 6/7/2018 6/6/2018 No new street miles 0.00 Connection of private water line to public water main $ 532,575 Andalusia Drive 0.06
Los Castanos Drive 0.06
St. Anthony Drive 0.07
3 5/30/2024 12/22/2023
Morgan Hill ChryslerDodge-Ram+Jeep
Dealership
31,397 Sq. ft.

Auto dealership
West side of Condit
Road, south of Diana
Avenue
728-17-032 TSC Motor, Inc. 7/29/2022 6/23/2021 No new street miles 0.00 Frontage improvements along
Condit Road (new/replacement
of curb, gutter, and sidewalk,
new driveway approach, street
lights, water services and
meters, sewer service, and
storm drain pipe
$ 283,550
4 10/8/2024 10/8/2024 Dunne Murphy Tract No. 10387 14-Lot residential subdivision Southeast corner of East Dunne Avenue and Murphy Avenue 817-78-004 to 817-78-017 Nordstrom Cal Homes, LLC 10/25/2017 5/3/2017 Bodega Way (previously known as Brix Lane) 0.08 Frontage improvements along
Bodega Way, East Dunne Ave,
and Murphy Avenue
(new/replacement of
curb, gutter & sidewalk, new
driveway approaches,
streetlights, street trees,
extension of landscaped
median, new traffic signal,
public water main, water
services and meters, and
sewer laterals)
$ 1,348,441
5 10/8/2024 9/10/2024 San Sebastian Phase 3 57-Lot residential subdivision Northwest intersection of Peet Road and Half Road 728-62-001 to 728-61-058 TOLL CA XX, L.P. 3/9/2022 3/2/2022 No new street miles 0.00 Connection of private water line to public water main $ 387,050

LIST OF DEVELOPMENT PROJECTS WITH PUBLIC IMPROVEMENTS ACCEPTED BY THE CITY ENGINEER CALENDAR YEAR 2024
2 4/23/2024 4/5/2024 Andalusia Tract No. 10521 46-Unit residential condominium development Andalusia Drive and Los Castanos Drive 726-60-001 to 726-60-046 MH ANDALUSIA 2020, INC 11/22/2020 11/18/2020 Frontage improvements along
Andalusia Drive, Los Castanos
Drive, St. Anthony Drive, and
E. Dunne Avenue
(new/replacement of
curb, gutter and sidewalk, new
driveway approaches,
streetlights, street trees,
extension of landscaped
median,
public water main, water
services and meters, and
sewer laterals)
$ 689,334
1 of 2

No. Date of Acceptance by City Engineer Date of Project Completion Project Name Project Description Project Location APN Developer Name Date of Subdivision
Improvements
Agreement or
Improvement
Agreement
Date of Council
Approval of
Final Map
Streets Accepted Street Lengths (miles) Other Improvements Accepted Value of the Public Improvements Accepted

LIST OF DEVELOPMENT PROJECTS WITH PUBLIC IMPROVEMENTS ACCEPTED BY THE CITY ENGINEER CALENDAR YEAR 2024
6 11/21/2024 11/15/2024 Apple Tree Tract No. 10523 6-Lot residential subdivision Southwest corner of Old Monterey Road and Mustard Avenue 764-24-078 to 764-24-082 18755 Old Monterey LLC 4/28/2022 4/20/2022 No new street miles 0.00 Frontage improvements along
Mustard Avenue, Campoli
Drive, and Old Monterey Road
(new curb, gutter & sidewalk,
driveway approaches,
streetlights, street trees, public
water main, water services,
storm drainage, and sanitary
sewer)
$ 89,998
7 11/25/2024 11/22/2024 Morgan Hill Senior Housing 82-Unit affordable senior apartment project Southeast corner of Monterey Road and San Pedro Avenue 817-02-068 Morgan Hill Senior Housing, L.P. 11/11/2022 N/A No new street miles 0.00 Frontage improvements along
Monterey Road, San Pedro
Avenue, and Church Street
(new/replacement of
curb, gutter & sidewalk, new
driveway approaches,
streetlights, street trees,
extension of landscaped
median, undergrounding
overhead utilities,
public water main, water
services and meters, and
sewer laterals)
$ 239,430
8 12/12/2024 11/22/2024
Butterfield Village
(Vida at Morgan Hill) 389-Unit apartment project Southeast corner of Monterey Road and Jarvis Drive 726-25-095 and 726-25-093 Morgan Hill Multifamily LLC 3/22/2022 N/A No new street miles 0.00 Frontage improvements along
Jarvis Drive and Sutter
Boulevard (new sidewalk, new
driveway approach, public
water main, water services and
meters, and storm drain
system)
$ 419,038
2 of 2

13 CITY COUNCIL STAFF REPORT
MEETING DATE: February 19, 2025
PREPARED BY:

Adam Paszkowski, Principal Planner
APPROVED BY: City Manager

ADOPT RESOLUTION AMENDING THE TEXT OF THE MORGAN HILL
2035 GENERAL PLAN TO ELIMINATE THE FLOOR AREA RATIO FOR

THE MIXED USE FLEX LAND USE DESIGNATION AND INTRODUCE
ORDINANCE (ZA2024-0002) AMENDING CHAPTER 12.32
(RESTRICTIONS ON REMOVAL OF SIGNIFICANT TREES); AMENDING SECTIONS 17.20.040 (FORM AND CONTENTS) AND 17.24.030 (FORM AND CONTENTS) RELATING TO TENTATIVE MAPS WITHIN TITLE 17 (SUBDIVISIONS) IMPLEMENTING MINOR AMENDMENTS DUE TO
INCONSISTENCIES WITH CHAPTER 12.32 PROPOSED
AMENDMENTS; AND AMENDING TABLE 18.22-2 (DEVELOPMENT

STANDARDS IN MIXED USE ZONING DISTRICTS) WITHIN SECTION

18.22.040 (DEVELOPMENT STANDARDS) TO REMOVE THE MAXIMUM

FLOOR AREA RATIO (FAR) AND BUILDING COVERAGE WITHIN THE (MIXED USE FLEX) MU-F ZONING DISTRICT

RECOMMENDATION(S)

1. Open/close the public hearing;

2. Adopt a Resolution approving an amendment to the text of the Morgan Hill 2035 General Plan to eliminate the Floor Area Ratio for the Mixed Use Flex land use designation;

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

4. Introduce Ordinance Amendment.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Protecting the Environment and Preserving Open Space and Agricultural Land 2024-2025 Strategic Priorities
Economic Development and Tourism
Healthy Community
Guiding Documents
Climate Action Plan
Economic Blueprint

13 Morgan Hill 2035 General Plan
REPORT NARRATIVE:

The City Council considered the proposed Mixed Use Flex General Plan text amendment (Attachment 1) and the draft Ordinance amendments (Attachment 2) at their January 15, 2025 meeting, and ultimately decided to continue the removal of the Floor Area Ratio (FAR) within the Mixed Use Flex designation and zoning district, as well as all associated proposed ordinance changes to Chapter 12.32 (Restrictions on Removal of Significant Trees), to a future public hearing.

General Plan Text Amendment:

Staff is proposing a General Plan text amendment to better align the intensity of allowed land uses within the Mixed Use Flex designation with recent changes in State law, the Monterey Corridor Form-Based Code, and the overall goals of the General Plan. The City adopted a comprehensive update of the City’s General Plan in 2016 which established the Mixed Use Flex land use designation primarily along the Monterey Road corridor, north and south of Downtown. The General Plan vision for the Monterey Corridor is as follows:
“North and south of Downtown will transform from its current predominantly strip commercial character to a vibrant mixed use corridor that encourages walking and biking. Buildings will front onto the street and a range of commercial and office uses will be located within close proximity to attached residential units. Density will decrease with distance from Downtown.”
Currently, the Mixed Use Flex designation limits new development to a maximum FAR of 0.5. Floor Area Ratio is the ratio of the building square footage compared to the square footage of the lot. To achieve a 0.5 FAR, development would be limited to onestory for half of the site, two-story for one quarter of the site, and so on, with a ratio of total building area no more than 50% of the total site area. For commercial development, this would correspond to auto-oriented, low-intensity commercial uses.

The current FAR of 0.5 will not support the achievement of the walkable, mixed-use corridor of Monterey Road as envisioned within the General Plan or the Monterey Corridor Form-Based Code. Therefore, the proposed text amendment will better align the text of the General Plan with the City’s overarching vision for the Monterey Corridor.

Although FAR sets restrictions on limiting the size of a building on a lot, there are many other Zoning regulations that restricts building size, including, but not limited to:
• Height restrictions
• Setbacks
• Parking requirements
• Landscaping requirements
• Planned Development (PD) zoning
Furthermore, the purpose of the proposed General Plan text amendment is to remove

13 the Mixed Use Flex designation floor area ratio (FAR) in order to: 1) align with what State regulations promoting housing development already allow; 2) align with the development standards recently adopted through the Monterey Corridor Form-Based Code; and 3) provide equitable conditions for commercial and residential development.

Because State law allows higher densities of residential development along the Monterey Corridor than originally envisioned in the General Plan, it is necessary to make similar allowance for mixed-use and/or commercial development to achieve the overall vision for the corridor. If higher-density residential is allowed while commercial is constrained, market conditions will strongly favor residential over commercial use and over time the corridor will become completely residential. In contrast, the City’s vision is that the corridor would have both residential and commercial uses. The proposed text amendment will grant commercial development similar density allowances as residential to provide equitable conditions for the two land uses.

The proposed text change can be considered routine in that it brings the General Plan into alignment with State law and/or the Monterey Corridor Form-Based Code. It is also important in that it provides clarity and equitable conditions for residential and commercial development and thereby helps the City to achieve its vision for the Monterey Corridor to be a “vibrant mixed-use corridor” as stated in the General Plan.

The Planning Commission held a public hearing regarding the proposed draft General Plan text amendment on August 27, 2024, and recommended approval of the amendments to the General Plan as presented by staff. Complete details of the proposed amendments are provided in the draft Resolution (Attachment 1) and in the Planning Commission staff report.

The proposed General Plan text amendment includes amending page CNF-13 of the 2035 General Plan regarding the description of the Mixed Use Flex Designation by removing the maximum Floor Area Ratio of 0.5 and revising it as follows:

Mixed Use Flex. The Mixed Use Flex designation, which is primarily applied to properties along the Monterey Road corridor north and south of downtown, allows for a mix of residential, commercial, and office uses applied either vertically (i.e., one structure with multiple uses) or horizontally (i.e., structures with different land uses located adjacent to one another). Density should transition from higher to lower at the ends of the Monterey corridor. The Mixed Use Flex designation allows 7 to 24 units per acre.

Zoning Text Amendment:

Staff has found the need to update certain portions of the Municipal Code, primarily to implement changes to Table 18.22-2 to remove the maximum FAR and building coverage within the (Mixed Use Flex) MU-F zoning district to be consistent with the above changes, and to update Chapter 12.32 (Restrictions on Removal of Significant Trees) to be consistent with industry standards in regards to tree removal permits.

The following amendments to the Municipal Code are proposed:

13 • Chapter 12.32 (Restrictions on Removal of Significant Trees) of Title 12 (Streets, Sidewalks and Public Places) is proposed to be renamed as the Protected and Significant Trees Chapter. Text within the Code is proposed to be revised to update language, provide internal consistency, and to be consistent with the Tree Removal Application process.
• Section 17.20.040 (Form and Contents) of Chapter 17.20 (Map RequirementsFive or More Parcels) and Section 17.24.030 (Form and Content) of Chapter

17.24 (Map Requirements-Four or Less Parcels) of Title 17 (Subdivisions) are proposed to be amended to be consistent with the proposed changes within Chapter 12.32.
• 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) is proposed to be amended to be consistent with the proposed General Plan text amendment to remove the maximum FAR and building coverage within the (Mixed Use Flex) MU-F zoning district.

Trees:

Chapter 12.32 (Restrictions on Removal of Significant Trees) has been in effect since 1980. Changes to this Chapter include:
• Renaming the chapter to "Protected and Significant Trees"; • Consistency with tree removal and arborist industry (update outdated language, provide internal consistency, and best management practices); • Change method of measuring trees from circumference (18-inches for native trees; and 40-inches for non-native trees) to diameter at breast height (DBH), thereby increasing the size by eight-tenths of an inch (18.8-inches and 40.8- inches, respectively) in which a tree removal permit would be required; • Provide definitions for "Trimming" and "Pruning";
• Require a tree removal permit for land development projects (i.e. residential subdivisions, commercial and industrial development); and • Require a tree removal permit for non-native trees within single-family residential zoned property, to be consistent with multi-family residential, mixed-use, commercial and industrial zoned properties.

A tree removal permit will not be required for:
• Native trees smaller than 6-inches at DBH (circumference of 18.8-inches); • Non-native trees smaller than 13-inches at DBH (circumference of 40.8-inches); • Trimming (removal of less than 25% of the tree canopy); or • Prohibited trees (including Eucalyptus, Conifers, Redwoods, Palms, Fruit Trees, etc. as listed in Chapter 12.28.050 of the Ordinance Code).

FAR:

13 Chapter 18.22 (Mixed Use Zoning Districts) is proposed to be amended to be consistent with the proposed General Plan text amendment to remove the maximum FAR and building coverage within the (Mixed Use Flex) MU-F zoning district. With the adoption of the Form Based Code, the Mixed Use Flex zoning district is represented on four vacant parcels on Monterey Road. The remaining Mixed Use Flex base zoning is overridden by the Planned Development Combining District that overlays three separate areas, Phase 2 of Cochrane Commons, two half parcels on Dunne at Walnut Grove and the remaining portion of the Lillian Commons/Rosewood development at Juan Hernandez and Tennant. The removal of the FAR would have no effect because these parcels are governed by their individual Planned Development zoning and associated master plans.

Staff regularly brings forward minor amendments as necessary to enhance, correct and/or refine the Code. The Planning Commission held a public hearing regarding the proposed draft Ordinance on December 10, 2024, and recommended approval of the amendments to the Municipal Code as presented by staff. Complete details of the proposed amendments are provided in the draft Ordinance (Attachment 2) 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 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 provide further clarification, or expand on certain topics, within the Municipal Code and implement minor amendments due to inconsistencies between, and within, the General Plan and Ordinance Code.

PLANNING COMMISSION ACTION:

The Planning Commission reviewed the proposed General Plan text amendments on August 27, 2024. Following discussion, the Planning Commission unanimously approved Resolution No. 24-08 recommending the City Council approve the proposed General Plan text amendments regarding the description of the Mixed Use Flex Designation as presented by staff.

The Planning Commission reviewed the proposed Zoning text amendments on December 10, 2024. Following discussion, the Planning Commission unanimously approved Resolution No. 24-16 recommending the City Council approve the proposed

13 Municipal Code Amendments as presented by staff. The Commission also expressed that the City should explore the need for a future Heritage/Oak Tree ordinance as a future work item. Staff will evaluate the need for a Heritage/Oak Tree ordinance and will report back to the Planning Commission at a future meeting.

COMMUNITY ENGAGEMENT:

Inform
A 10-day public hearing notice was published in the Friday, February 7, 2025, edition of the Morgan Hill Times pursuant to Government Code Sections 65090-65096. Notice was also provided on the website and email/social media with the City's 411 distribution.

On January 15, 2025, the City Council held a public hearing regarding the proposed General Plan text amendments in which a 10-day public hearing notice was published in the Friday, January 3, 2025, edition of the Morgan Hill Times. On August 27, 2024, the Planning Commission held a public hearing regarding the proposed General Plan text amendments in which a 10-day public hearing notice was published in the Friday, August 16, 2024, edition of the Morgan Hill Times. On December 10, 2024, the Planning Commission held a public hearing regarding the proposed Municipal Code amendments in which a 10-day public hearing notice was published in the Friday, November 29, 2024, edition of the Morgan Hill Times.

ALTERNATIVE ACTIONS:

If the City Council does not take action on the proposed General Plan amendment, the General Plan will remain as-is, and commercial development will continue to require a FAR of 0.5; whereas residential development will not have to meet the FAR requirement along the Monterey Road corridor.

If the City Council does not take action on the proposed ordinance amendments, the Municipal Code will remain as-is. The Council may also make modifications to the proposed amendments, or not approve certain sections that the Council deems appropriate.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On June 15, 2016, the City Council adopted Ordinance No. 2205 N.S., amending Chapter 12.32 (Restrictions on Removal of Significant Trees) of Title 12 – Streets, Sidewalks and Public Places in its entirety.

On July 27, 2016, the City Council adopted Resolution No. 16-128, adopting a comprehensive update of the Morgan Hill General Plan entitled "Morgan Hill 2035 General Plan".

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 August 27, 2024, the Planning Commission considered and recommended,

13 unanimously, the City Council approve the proposed Mixed Use Flex General Plan text Amendment.

On December 10, 2024, the Planning Commission considered and recommended, unanimously, the City Council approve the proposed draft Ordinance.

On January 15, 2025, the City Council considered the proposed Mixed Use Flex General Plan text Amendment and the draft Ordinance amendments, and ultimately decided to continue the removal of the FAR within the Mixed Use Flex designation and zoning district, as well as all associated proposed changes to Chapter 12.32 (Restrictions on Removal of Significant Trees) to a future public hearing.

FISCAL AND RESOURCE IMPACT:

The cost of City-initiated General Plan Amendments is borne, and work is accommodated, within the respective division's annual workplan and budget. Staff regularly brings forward municipal code 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):

The proposed amendments are categorically exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. The proposed project is covered by the common-sense exemption that CEQA applies only to projects that have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed project will not result in any direct impact upon the physical environment. Any development that occurs in the future subject to such standards will undergo an independent analysis per the requirements of CEQA.

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

RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORGAN HILL ADOPTING A GENERAL PLAN
AMENDMENT (GPA2024-0001) TO AMEND THE TEXT OF
THE MORGAN HILL 2035 GENERAL PLAN TO ELIMINATE

THE FLOOR AREA RATIO FOR THE MIXED USE FLEX

LAND USE DESIGNATION
WHEREAS, the City of Morgan Hill (the “City”) has an adopted General Plan, which includes all of the state mandated elements;
WHEREAS, the City proposes to amend the General Plan text to eliminate the Floor Area Ratio for the Mixed Use Flex land use designation to better align the intensity of allowed land uses within the Mixed Use Flex designation with recent changes in State law, the Monterey Corridor Form-Based Code, and the overall goals of the General Plan; WHEREAS, this General Plan Amendment was found to be exempt from environmental review pursuant to Section15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines;
WHEREAS, on January 3, 2025 and February 7, 2025, a public notice was published in the Morgan Hill Times, specifying the date, time, and location of the public hearing to consider the recommendation that the City Council adopt the General Plan Amendment to eliminate the Floor Area Ratio for the Mixed Use Flex land use designation;
WHEREAS, such requests were considered by the Planning Commission at its regular meeting of August 27, 2024 and by the City Council at its meeting of January 15, 2025; 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 CITY COUNCIL DOES RESOLVE AS FOLLOWS:

SECTION 1. The Morgan Hill City Council finds that the General Plan amendment meets the letter and intent of the General Plan goals and policies.

SECTION 2. That the City Council adopt the Resolution eliminating the Floor Area Ratio for the Mixed Use Flex land use designation as described in the attached Exhibit “A” and by this reference incorporated herein.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution.

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Resolution No. 25-xx

SECTION 4. This Resolution shall take effect immediately upon its adoption by the City Council.

PASSED AND ADOPTED THIS 19th DAY OF FEBRUARY 2025, AT A MEETING OF THE CITY COUNCIL BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

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

City of Morgan Hill
Resolution No. 25-xx

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 Resolution No. , adopted by the City Council of the City of Morgan Hill, California at their regular meeting held on the ____ day of ________, 2025.

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

DATE: _____________________ _____________________________ MICHELE BIGELOW, City Clerk

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Resolution No. 25-xx

EXHIBIT ‘A”
Amend page CNF-13 description of Mixed Use Flex Designation as follows:

Mixed Use Flex. The Mixed Use Flex designation, which is primarily applied to properties along the Monterey Road corridor north and south of downtown, allows for a mix of residential, commercial, and office uses applied either vertically (i.e., one structure with multiple uses) or horizontally (i.e., structures with different land uses located adjacent to one another). Density should transition from higher to lower at the ends of Monterey corridor. The Mixed Use Flex designation allows 7 to 24 units per acre.

ORDINANCE NO. , NEW SERIES

AN ORDINANCE OF THE CITY OF MORGAN HILL
AMENDING CHAPTER 12.32 (RESTRICTIONS ON
REMOVAL OF SIGNIFICANT TREES) WITHIN TITLE 12
(STREET, SIDEWALKS AND PUBLIC PLACES) OF THE

MUNICIPAL CODE OF THE CITY OF MORGAN HILL,
AMENDING SECTION 17.20.040 (FORM AND CONTENTS)
OF CHAPTER 17.20 (MAP REQUIREMENTS-FIVE OR
MORE PARCELS) AND SECTION 17.24.030 (FORM AND
CONTENT) OF CHAPTER 17.24 (MAP REQUIREMENTSFOUR OR LESS PARCELS) WITHIN TITLE 17 (SUBDIVISIONS) OF THE MUNICIPAL CODE OF THE

CITY OF MORGAN HILL IMPLEMENTING MINOR

AMENDMENTS DUE TO INCONSISTENCIES, AND
AMENDING 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) WITHIN TITLE 18 (ZONING) OF THE

MUNICIPAL CODE OF THE CITY OF MORGAN HILL TO

REMOVE THE MAXIMUM FLOOR AREA RATIO (FAR)

AND BUILDING COVERAGE WITHIN THE (MIXED USE

FLEX) MU-F ZONING DISTRICT

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

Section 1. Chapter 12.32 (Restrictions on Removal of Significant Trees) of Title 12 (Streets, Sidewalks and Public Places) is hereby amended to read as follows:

Chapter 12.32 PROTECTED AND SIGNIFICANT TREES

12.32.010 Council determinations.

The city council finds and declares:

A. The intent of promoting the preservation and establishment of a diverse, abundant tree canopy in the city is vital to the health and character of the community. The existing and future trees and tree communities located in the city are a valuable and distinctive natural resource. The trees and tree communities of the city enhance the economic base through agricultural production, encouragement of tourism and enrichment of the living environment.

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Ordinance No. XXXX, New Series

B. The following environmental consequences are among those which could result from the indiscriminate removal or destruction of trees and tree communities in the city:

1. Modification of microclimates;

2. Change or elimination of animal habitat, possibly including habitats of endangered species;

3. Change in soil conditions, resulting in modified biological activity and erosion of soils;

4. Creation of increased susceptibility of flood hazards;

5. Increased risk of landslides;

6. Increased cost of construction and maintenance of drainage systems through increased flow and diversion of surface waters;

7. Degradation of the human habitat;

8. Loss of environmental benefits of trees in neighborhoods, such as noise reduction, oxygen replacement, carbon dioxide reduction, interception of particulates and aesthetic qualities; and/or

9. Potential for irreparable wind damage to adjacent trees.

C. The preservation and replacement of significant tree communities on private and public property is necessary to protect the ecology of the area and prevent undesirable changes to the natural and built environment.

D. It is necessary to enact the ordinance codified in this chapter for the reasons stated in this section and to promote the public health, safety, general welfare and prosperity of the city, while respecting and recognizing individual rights to develop, maintain and enjoy private property to the fullest possible extent, consistent with the public interest, convenience and necessity.

12.32.020 Definitions.

For the purposes of this chapter, the following words shall have the meaning ascribed to them in this section:

A. “Arborist” means any person certified in the professional care, examination, and maintenance of trees.

B. "City" means the city of Morgan Hill, California, acting by and through its authorized representatives.

C. "Community of trees" means a group of trees of any size which are ecologically or

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Ordinance No. XXXX, New Series

aesthetically related to each other, with a combined canopy cover of more than ten percent, and that loss of such community would cause a significant ecological, aesthetic, or environmental impact in the immediate area.

D. "Development services director" means the development services director of the city, including their authorized or appointed representatives.

E. “Diameter at breast height (DBH)” means the standard measurement for a tree trunk diameter, measured 4.5 feet above the average ground level.

F. “Native tree” means any tree which is native to the Morgan Hill region. Such trees include, but are not limited to, oaks (all types), California Bays, Madrones, Sycamore, and Alder.

G. “Nonnative tree” means any tree that is not native to the Morgan Hill region.

H. "Person" means an individual, public agency, including the city and its departments, firms, associations, and corporations, and their employees, agents, or representatives.

I. "Private property" means all property not owned by the city or any other public agency.

J. “Prohibited tree” means any trees that become liabilities due to structural weaknesses, disease or insect susceptibility, short life, destructive root systems, or requiring excessive watering or maintenance as defined in Chapter 12.28.050.

K. “Protected tree” means any native tree, significant tree, any tree designated for protecting during review and approval of a development project, public or street trees, and otherwise designated as significant status.

L. “Prune” means the selective removal or modification of twenty-five percent or more of the tree branches, roots, buds, or limbs in such a manner that impacts the structure of the tree.

M. “Public tree” means any tree located in any street, park, or public place or planted or maintained by the city.

N. "Public property" means all property owned by the city, and any other city, county, city and county, special district, or other public agency in the incorporated area of the city.

O. "Significant Tree" means any live woody plant rising above the ground with a single stem or trunk a diameter at breast height (DBH) of thirteen inches or more for nonnative tree species and a diameter at breast height (DBH) of six inches or more for native tree species.

All commercial tree farms and orchards (including individual fruit trees) are exempted from the definition of tree for the purpose of this chapter.

P. "Street Tree" is a tree, of any size, situated within the public street right-of-way or publicly accessible private street (e.g., trees within a landscape park strip), or within five feet of a publicly accessible sidewalk adjacent to a public or private street in the case of a street without a landscape park strip.

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Ordinance No. XXXX, New Series

Q. “Trimming” means the removal of less than twenty-five percent of the canopy, including overgrown or obstructing branches from a tree to maintain the shape and health of the tree, and to protect nearby structures or utilities.

12.32.030 Permit—Required.

It is unlawful for any person to cut down, prune, remove, poison, or otherwise kill or destroy, or cause to be removed, any protected tree, significant tree, street tree, public tree, or a community of trees on any public or private property without first securing a permit as provided in this chapter; provided, however, that a permit shall not be required for commercial tree farms.

12.32.040 Permit—Application.

Any person desiring to cut down, prune, remove, destroy, or cause to be removed any tree regulated in this chapter shall apply to the development services department for a tree removal permit application provided by the department. The application shall be accompanied by such drawings including a site plan, written material such as a statement of request, photographs, arborist report, and other necessary information concerning trees within the affected area and which shall include:

A. The diameter and height of the tree;
B. The species of each tree;
C. A 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 methods 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, remove, or destroy the tree; H. Address where tree is located;
I. Percentage of tree canopy to be removed or pruned;
J. Arborist report indicating general health of tree to be cut down, pruned, removed, or destroyed; and
K. Other information or materials which the 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.

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Ordinance No. XXXX, New Series

12.32.050 Permit—Public notice procedures.

Within five days after submission of a completed application, the applicant shall post a public notice of the tree removal or pruning application request, provided by the development services department, 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 completed and posted for ten days.

12.32.060 Permit—Review and action.

The development services director or their 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 thirty days after receipt of the affidavit referred to in the preceding section and after the expiration of the ten-day public noticing period.

Upon taking action, the development services director or their 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 development services director or any other person or body charged with determining whether to grant, conditionally grant, or deny a tree 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,

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Ordinance No. XXXX, New Series

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 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.

C. The tree will be replaced by plantings approved by the development services director, unless special conditions indicate otherwise.

12.32.080 Permit—Approval—Conditions.

In granting any permit as provided in this chapter, the development services director, planning commission, or city council may attach reasonable conditions to 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.

B. Use of measures to affect erosion control, soil and water retention and diversion or control of increased flow of surface waters;
C. Use of measures to 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 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

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Ordinance No. XXXX, New Series

law.

12.32.100 Inspection—Notification of violations.

The 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.

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 development services director within five working days thereafter and provide retroactive payment of the tree removal permit fee.

12.32.130Appeal procedures.

The applicant or any other person who is aggrieved by the issuance or denial of the permit or any conditions thereof may appeal in the manner set forth in Chapter 18.112 (Appeals).

12.32.140 Removal or pruning without a permit unlawful.

It is unlawful for any property owner, lessee, their agent, or representative to engage in removal or pruning or any other action that would result in tree removal or pruning without a valid tree removal permit. In addition to any other remedies that may exist by law, such party shall be liable to the city for an administrative penalty to be determined by the development services director as follows:

1. A fine equal to three times the valuation of the removed tree, as determined by a certified arborist; or

2. The amount of the cost of replacing a removed public tree with a new tree as comparable to the removed tree as is reasonably feasible; or

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:

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Ordinance No. XXXX, New Series

b. Type, diameter at breast height, and canopy of any protected trees, significant trees, street trees, public trees, or a community of trees as defined by Chapter

12.32 (Protected and 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, diameter at breast height, and canopy of any protected trees, significant trees, street trees, public trees, or a community of trees as defined by Chapter

12.32 (Protected and 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 None
Residential Density
Minimum None 8 du/acre 7 du/acre
Maximum None 20 du/acre 24 du/acre
Building Coverage,
Maximum
None 75% None

City of Morgan Hill
Ordinance No. XXXX, New Series

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:
______________________________ _______________________________ 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 ________, 2025.

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

DATE: _____________________ _____________________________ MICHELLE BIGELOW, City Clerk

GPA 2024-0001 & ZA2024-0002
MU-F General Plan Amendment &
Miscellaneous Code Amendments
(continued item)
February 19, 2025

Mixed Use Flex General Plan Amendment:
• Eliminate the Floor Area Ratio (FAR) for the Mixed Use Flex land use designation
Code Amendment:
• Update Table 18.22-2 (Development Standards in Mixed Use Zoning Districts) to conform to General Plan Amendment
• Update Chapter 12.32 (Restrictions on Removal of Significant Trees) • Amend Sections 17.20.040 and 17.24.030 consistent with Chapter

12.32 Request:

Adopt Resolution & Ordinance approving the amendments as recommended by Planning Commission on August 27, 2024 and December 10, 2024
Project Description
1

Mixed Use Flex General Plan
Amendment
2 Amend page CNF-13 description of Mixed Use Flex Designation as follows:

Mixed Use Flex. The Mixed Use Flex designation, which is primarily applied to properties along the Monterey Road corridor north and south of downtown, allows for a mix of residential, commercial, and office uses applied either vertically (i.e., one structure with multiple uses) or horizontally (i.e., structures with different land uses located adjacent to one another). Density should transition from higher to lower at the ends of Monterey corridor. The Mixed Use Flex designation allows 7 to 24 units per acre and a maximum FAR of 0.5. Prior to development of Residential or Mixed-Use projects within the Mixed Use Flex designation a block level master plan is required to identify how commercial uses will be incorporated within the development of the block and how individual development projects will connect with each other. Commercial development may proceed without preparation of a block level master plan consistent with the Commercial designation.

Chapter 18.22 (Mixed Use Zoning
Districts)
3 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
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

The ratio of the building square footage
compared to the square footage of the lot
What is Floor Area Ratio (FAR)?
4

• Monterey Corridor is intended to be redeveloped as a
“vibrant mixed-use corridor that encourages walking and biking” where “a range of commercial and office uses
will be located within close proximity to attached
residential units”
• General Plan also calls for the subsequent adoption of implementation actions, which was achieved through the
adoption of the Monterey Corridor Form-Based Code
• The current density range stated in the General Plan will not support the achievement of the walkable, mixed-use
corridor; the proposed text amendment will align the text of the General Plan with the City’s overarching vision
General Plan Consistency
5

Purpose to Remove Mixed Use
Flex FAR
6 1. Align with State regulations
The proposed text amendment will address this change in context by referring to State law and by removing a standard that is no longer an effective limitation. This removes a potential point of confusion.

2. Align with the Monterey Corridor Form-Based Code
Removing the current density range from the General Plan text will remove an inconsistency between that text and the Monterey Form-Based Code.

3. Equitable conditions for residential and commercial
development
The proposed text amendment will grant commercial
development the same density allowances as residential to provide equitable conditions for the two land uses.

Market Conditions –
Residential vs. Commercial
7 Factors Residential
Development
Commercial
Development
Demand High demand due to
population growth
Demand varies based on
economic conditions and
population demographics
Interest Rates Lower interest rates make
mortgages more affordable
Higher interest rates slows
business investment and
reinvestment
Government Policies HAA support for housing
projects
Zoning laws, regulations,
and fees can be restrictive
Investment Returns Stable and predictable
rental income
Returns are dependent on
business vitality
Market Stability
Generally more stable,
especially in suburban
areas
Can be more volatile, tied
to the business cycle
Legislative Support HAA prevents unjust denial
of housing projects
Fewer incentives and more
regulatory hurdles

• Height (35 feet)
• Setbacks
• Parking requirements (1 per 250 sq. ft.)
• Landscaping (5% of site)
• Planned Development (PD) zoning
• Driveways, Roads, Retention Basins, etc.

Other Restrictions Limiting Size of
Buildings within MU-F zone
8 Setback Residential NonResidential
Front 15 ft 10 ft
Rear 20 ft 10 ft
Interior Side 5 ft 0 ft
Street Side 10 ft 10 ft

Section 18.30.050 of Municipal Code –
PD Development Standards

1. Height, setbacks, and building coverage shall
be established in the PD master plan for the
project site

2. May deviate from zoning district

3. As an ordinance, amendments and approvals
of a PD require approval by Council

4. Revisions to the master plan that
accompanies the ordinance also requires
approval by Council
Planned Developments (PDs)
9

• Regulations vary based on the intensity of
the zone to control lot dimensions, building
placement, height, coverage, and
encroachments
Monterey Corridor Form-Based Code
(FBC)
10 • Helps define
and shape the
public realm –
more walkable

Form-Based Code Map
11

MU-Flex General Plan restricts density:

Form-Based Code restricts:
• Lot size
• Building Placement/Setback
• Types of Buildings/Frontage/Civic Spaces
• Building Form:

MU-Flex General Plan vs. FBC
12 Residential Commercial
7-24 dwelling units per acre 0.5 FAR
Building Form FB-N FB-C FB-UG
Projections 5 ft max 5 ft max 5 ft max
Height 35 ft max 45 ft max 55 ft max
Building Coverage 75% 75% 80 %

Chapter 12.32 (Restrictions on
Removal of Significant Trees)
13 • Part of the Municipal Code since 1980
• Rename Chapter 12.32 to Protected and
Significant Trees
• Consistency with tree removal and arborist
industry
• Update language
• Provide internal consistency
• Best management practices

Chapter 12.32 (Restrictions on
Removal of Significant Trees)
14 Current Code
• Indigenous tree
• Circumference
• Non-native = 40 inches
• Native = 18 inches
• Trimming
• Pruning = >25%
Proposed Change
• Native tree
• Diameter at Breast Height
• Non-native = 13 in. DBH
(circumference = 40.8 in.)
• Native = 6 inches DBH
(circumference = 18.8 in.)
• Trimming = <25%
• Pruning = >25%
Where the measurement is taken
does not change

Chapter 12.32 (Restrictions on
Removal of Significant Trees)
15 Current Code
Permit NOT required for:
• Development Projects
• Non-indigenous/nonnative trees within single
family residential
Includes an appeal process
separate from the rest of the
Municipal Code
Proposed Change
REQUIRES Permit for:
• Development Projects
• Non-indigenous/non-native
trees within single family
residential
Consolidates the appeal
process under Chapter 18.112
(Appeals)

Prohibited Trees
Do not require a Permit
16 • Western Sycamore
• European Plane Tree
• Tree of Heaven
• Eucalyptus
• Poplar Tree
• English Walnut
• American Black Walnut
• California Black Walnut
• Black Locust
• White Elm/American Elm
• Palms
• Redwood
• Monterey Pine
• Conifers
• Acacia
• Fruit Trees
• Carob Tree
• Camphor Tree

Title 17 - Subdivisions
Sections 17.20.040 and 17.24.030
17 • Amendments to these sections in the
Subdivision Ordinance that reference
Chapter 12.32
• Establish consistent standards for changes
to trees within new subdivisions

Recommendation

1. Open/close public hearing

2. Adopt Resolution eliminating the Floor Area Ratio for the Mixed Use Flex land use designation

3. Waive reading of the Ordinance Amendment

4. Introduce the Ordinance Amendment
Findings

1. The proposed amendment meets the letter and intent of the general plan goals and policies

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

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

4. The proposed amendment is internally consistent with other provisions of the zoning code
Miscellaneous Code Amendments
18

Questions?
19

ORDINANCE NO. , NEW SERIES

AN ORDINANCE OF THE CITY OF MORGAN HILL
AMENDING CHAPTER 12.32 (RESTRICTIONS ON
REMOVAL OF SIGNIFICANT TREES) WITHIN TITLE 12
(STREET, SIDEWALKS AND PUBLIC PLACES) OF THE
MUNICIPAL CODE OF THE CITY OF MORGAN HILL;
AMENDING SECTIONS 17.20.040 (FORM AND
CONTENTS) AND 17.24.030 (FORM AND CONTENT)
RELATING TO TENTATIVE MAPS WITHIN TITLE 17
(SUBDIVISIONS) OF THE MUNICIPAL CODE OF THE

CITY OF MORGAN HILL IMPLEMENTING MINOR

AMENDMENTS DUE TO INCONSISTENCIES WITH
CHAPTER 12.32 PROPOSED AMENDMENTS; AND
AMENDING TABLE 18.22-2 (DEVELOPMENT

STANDARDS IN MIXED USE ZONING DISTRICTS)
WITHIN SECTION 18.22.040 (DEVELOPMENT
STANDARDS) WITHIN TITLE (18 ZONING) OF THE

MUNICIPAL CODE OF THE CITY OF MORGAN HILL TO

REMOVE THE MAXIMUM FLOOR AREA RATIO (FAR)

AND BUILDING COVERAGE WITHIN THE (MIXED USE

FLEX) MU-F ZONING DISTRICT

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

Section 1. Chapter 12.32 (Restrictions on Removal of Significant Trees) of Title 12 (Streets, Sidewalks and Public Places) is hereby amended to read as follows:

Chapter 12.32 RESTRICTIONS ON REMOVAL OFPROTECTED AND SIGNIFICANT TREES

12.32.010 Council determinations.

The city council finds and declares:

A. The intent of promoting the preservation and establishment of a diverse, abundant tree canopy in the city is vital to the health and character of the community. The existing and future trees and tree communities located in the city are a valuable and distinctive natural resource. The trees and tree communities of the city augment enhance the economic base through agricultural production, encouragement of tourism and enhancement enrichment of the living environment. These resources are a major component of both the highly localized and area-wide environment.

City of Morgan Hill
Ordinance No. XXXX, New Series

B. The following environmental consequences are among those which could result from the indiscriminate removal or destruction of trees and tree communities in the city:

1. Modification of microclimates;

2. Change or elimination of animal habitat, possibly including habitats of endangered species;

3. Change in soil conditions, resulting in modified biological activity and erosion of soils;

4. Creation of increased susceptibility of flood hazards;

5. Increased risk of landslides;

6. Increased cost of construction and maintenance of drainage systems through increased flow and diversion of surface waters;

7. Degradation of the human habitat;

8. Loss of environmental benefits of trees in neighborhoods, such as noise reduction, oxygen replacement, carbon dioxide reduction, interception of particulates and aesthetic qualities; and/or

9. Potential for irreparable wind damage to adjacent trees.

C. The preservation and replacement of significant tree communities on private and public property is necessary to protect the natural beautyecology of the area, protect property values, and prevent undesirable changes in to the natural and built environment.

D. It is necessary to enact the ordinance codified in this chapter for the reasons stated in this section and to promote the public health, safety, general welfare and prosperity of the city, while respecting and recognizing individual rights to develop, maintain and enjoy private property to the fullest possible extent, consistent with the public interest, convenience and necessity.

12.32.020 Definitions.

For the purposes of this chapter, the following words shall have the meaning ascribed to them in this section:

A. “Arborist” means any person certified in the professional care, examination, and maintenance of trees.

B. "City" means the city of Morgan Hill, California, acting by and through its authorized representatives.

B. "Community development director" means the community development director of the

City of Morgan Hill
Ordinance No. XXXX, New Series

city, including his or her authorized or appointed representatives.

C. "Community of trees" means a group of trees of any size which are ecologically or aesthetically related to each other, with a combined canopy cover of more than ten percent, and that loss of such community such that loss of several of them would cause a significant ecological, aesthetic, or environmental impact in the immediate area.

D. "Development services director" means the development services director of the city, including their authorized or appointed representatives.

E. “Diameter at breast height (DBH)” means the standard measurement for a tree trunk diameter, measured 4.5 feet above the average ground level.

F. “Native tree” means any tree which is native to the Morgan Hill region. Such trees include, but are not limited to, oaks (all types), California Bays, Madrones, Sycamore, and Alder.

G. “Nonnative tree” means any tree that is not native to the Morgan Hill region.

DH. "Person" means an individual, public agency, including the city and its departments, firms, associations, and corporations, and their employees, agents, or representatives.

EI. "Private property" means all property not owned by the city or any other public agency.

J. “Prohibited tree” means any trees that become liabilities due to structural weaknesses, disease or insect susceptibility, short life, destructive root systems, or requiring excessive watering or maintenance as defined in Chapter 12.28.050.

K. “Protected tree” means any native tree, significant tree, any tree designated for protecting during review and approval of a development project, public or street trees, and otherwise designated as significant status.

L. “Prune” means the selective removal or modification of twenty-five percent or more of the tree branches, roots, buds, or limbs in such a manner that impacts the structure of the tree.

M. “Public tree” means any tree located in any street, park, or public place or planted or maintained by the city.

FN. "Public property" means all property owned by the city, and any other city, county, city and county, special district, or other public agency in the incorporated area of the city.

GO. "Ordinance SizedSignificant Tree" means any live woody plant rising above the ground with a single stem or trunk of a circumference diameter at breast height (DBH) of forty thirteen inches or more for nonindigenous nonnative tree species and eighteen a diameter at breast height (DBH) of six inches or more for indigenous native tree species measured at four and one-half feet vertically above the ground or immediately below the lowest branch, whichever is lower, and having the inherent capacity of naturally producing one main axis continuing to grow more vigorously than the lateral axes. All commercial tree farms,

City of Morgan Hill
Ordinance No. XXXX, New Series

nonindigenous tree species in residential zones and orchards (including individual fruit trees) are exempted from the definition of tree for the purpose of this chapter.

HP. "Street Tree" is a tree, of any size, situated within the public street right-of-way or publicly accessible private street (e.g., trees within a landscape park strip), or within five feet of a publicly accessible sidewalk adjacent to a public or private street in the case of a street without a landscape park strip.

IQ. “Trimming” means the removal of less than twenty-five percent of the canopy, including overgrown or obstructing branches from a tree to maintain the shape and health of the tree, and to protect nearby structures or utilities.
"Indigenous tree" means any tree which is native to the Morgan Hill region. Such trees include, oaks (all types), California Bays, Madrones, Sycamore, and Alder.

12.32.030 Permit—Required.

It is unlawful for any person to cut down, prune, remove, poison, or otherwise kill or destroy, or cause to be removed, any ordinance sizedprotected tree, significant tree, street tree, public tree, or a community of trees on any city public or private property without first securing a permit as provided in this chapter; provided, however, that a permit shall not be required for commercial tree farms.the following:

A. Developments which have been reviewed and approved by the planning commission or community development director and the tree removal conforms with the landscape plans of those developments.

B. Commercial tree farms.

C. Non-indigenous trees within a single-family residential zoning district that do not qualify as street trees.

A permit shall otherwise be required for the removal of or pruning of which would reduce the canopy area by more than twenty-five percent of any trees as defined in subsection G. of Section 12.32.020 of this chapter.

12.32.040 Permit—Application.

Any person desiring to cut down, prune, remove, destroy, or cause to be removed any tree regulated in this chapter shall apply to the community development services department for a tree cutting removal permit on formsapplication provided by the department. The application shall be accompanied by such drawings including a site plan, written material such as a statement of request, photographs, arborist report, and other information as are necessary to provide necessary data information concerning trees within the affected area and which shall include:

A. The diameter and height of the tree;