6 of rules and regulations of the Preserve.
These components are intended to provide guidance on who leads areas on the next steps in development of the trail. Through the proposed MOU, the City and the Authority will be working cooperatively to plan joint public access facilities. The City and Authority will mutually support each other’s efforts for the staging area and trails with the City leading the work on securing and planning the staging area and the Authority leading the work on securing and planning the trails.
COMMUNITY ENGAGEMENT:
Involve
The City conducted significant specific trail planning engagement in 2015 during development of the El Toro Trail Access Strategy. Since significant time has passed additional engagement will be required in the future as the project moves forward.
Approving the MOU will assist in ensuring the City and OSA work collaboratively on engaging residents as future planning occurs.
ALTERNATIVE ACTIONS:
The City Council could choose not approve this MOU and provide staff with alternate direction.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
The Parks and Recreation Commission reviewed the components of the proposed MOU on September 16, 2025 and has recommended approval by the City Council.
Prior Council Action:
• Approved the purchase of the Acton property which provides an easement for the trail in 2010
• Approved the El Toro Trail Access Strategy in February 2015. • Approved acquisition and funding agreement providing funding for the purchase of property by the Open Space Authority off West Main Avenue for the El Toro Trail System in December 2016.
• Approved the Bikeways, Trails, Parks and Recreation Master Plan, which includes the El Toro Trail Development in July 2017.
FISCAL AND RESOURCE IMPACT:
There is no direct fiscal impact associated with signing of the MOU.
CEQA (California Environmental Quality Act):
Not a Project
6 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.
a. Nestled above the City of Morgan Hill, in the Santa Cruz Mountains, El Toro is home to coast live oaks, California bay woodlands, chaparral and grasslands. Recognizing the value of these lands for open space, recreation and habitat, Authority and City have been working together for over a decade to acquire land and trail rights on El Toro in support of opening the future Preserve to public access.
b. The Morgan Hill City Council approved the Revised El Toro Trail “Access Strategy” on February 4, 2014 for proposed public access on El Toro. c. Providing public access on El Toro supports the goals of the City’s Bikeways, Trails, Parks and Recreation Master Plan (2017).
d. City and Authority wish to continue to work together to plan for public access to the Preserve and have the shared goal of providing well-managed public access to the future Preserve to ensure safe trail routes and protection of natural resources. e. City currently owns property on the eastern face of El Toro (APN: 773-06-013, 773-06-014, 773-06-010, 773-05-032, 773-09-030, 773-07-033), and Authority currently owns adjoining property to the north and south— the former Pravettoni Property (773-06-015, 773-06-016) and El Toro Preserve (773-09-013, 773-09-014).
f. Additional property rights are needed to provide a trailhead staging area and trail network for the Preserve. The preferred primary access point for a trailhead is near DeWitt Avenue and Spring Avenue.
g. City and Authority wish to memorialize their respective roles and responsibilities in their partnership to advance the shared goal of opening the Preserve to the public.
NOW, THEREFORE, Authority and City agree as follows:
1. Authority and City will work cooperatively to plan for joint public access facilities at the Preserve on a mutually agreed upon timeline.
2. City will lead efforts to secure rights to a property suitable for a trailhead staging area near DeWitt Avenue and Spring Avenue; and will plan, design, permit, and construct these facilities. Authority will reasonably support these efforts.
3. Authority will lead efforts to secure rights to property or trail easements to allow for a sustainable trail network on El Toro; and will plan, design, and construct these facilities.
City will reasonably support these efforts.
4. City will cooperate with Authority to resolve issues that may arise during trail planning with the existing easements on City-owned property on the east side of El Toro.
5. City and Authority will work together to determine roles and responsibilities for environmental review required by the California Environmental Quality Act (CEQA), if any.
Memorandum of Understanding between
City of Morgan Hill and Santa Clara Valley Open Space Authority Regarding the El Toro Open Space Preserve
This Memorandum of Understanding (MOU or Agreement) is entered as of __________, by and between the Santa Clara Valley Open Space Authority (Authority) and the City of Morgan Hill (City) regarding public access planning and management for the future El Toro Open Space Preserve (Preserve) and other properties located on El Toro, a prominent mountain in the City of Morgan Hill.
6. City and Authority will develop a management agreement that establishes cost-sharing and other ongoing responsibilities related to long term maintenance and management of the trailhead staging area and trail facilities. Such agreement will include, but not be limited to, the following terms:
i. City will maintain and operate trailhead staging area facilities such as parking, restrooms, and trash collection.
ii. Authority will maintain and operate trails and trailside amenities on the Preserve (benches, interpretive signs, etc.), provide trail patrols, and conduct vegetation and habitat management and habitat restoration.
iii. City will provide security response and emergency response (including Morgan Hill Police and Fire) for the trailhead staging area and trail facilities. iv. City will consider developing ordinances, as needed, for enforcement of rules and regulations of the Preserve.
IN WITNESS THEREOF, the parties have caused this Memorandum of Understanding to be entered as of the date first written above.
CITY OF MORGAN HILL SANTA CLARA VALLEY OPEN SPACE
AUTHORITY
By:_________________________________ By:________________________________ Christina Turner, City Manager Andrea Mackenzie, General Manager APPROVED AS TO FORM: APPROVED AS TO FORM:
By:_________________________________ By:_________________________________ Donald Larkin, City Attorney William P. Parkin, Legal Counsel
EL TORO TRAIL
MEMORANDUM OF
UNDERSTANDING
City Council
November 5, 2025
Item Purpose
• Receive update on
progress on the El Toro
Trail
• Approve a
Memorandum of
Understanding with the
Santa Clara Valley
Open Space Authority
(OSA) for Trail
Development
El Toro Trail Update
3 Background
• Long time destination of residents.
• Legal full public access has not been
available.
• Ownership of several parcels by the
City and OSA.
• City and OSA work with willing
property owners.
OSA Owned
Land
El Toro Trail Update
Access Strategy Key Need
• Creating one primary trail head:
Primary trail head to have typical amenities such as
parking lot, information kiosk, and potential restroom
facilities. Public information should market primary trail head for those inclined to drive and park.
• Focusing the location of a primary trailhead off of
DeWitt Avenue, south of Spring Avenue. This location
should be designed to discourage parking on
neighborhood streets.
4
El Toro Trail Update
• Recent Action: Easement
dedicated by West Hills
Church.
• Current Item: MOU with the
Open Space Authority
• Next Step:
• Identify and acquire
property for Trailhead near
Spring and DeWitt
• Resident Engagement on
the project
El Toro Trail Update
MOU Key Points
• OSA and City will work cooperatively to develop the
trail.
• City will take the lead on trailhead staging area
acquisition, development and management.
• OSA will take the lead on trail acquisition,
development, and management.
6 Parks and Recreation Commission
• Recommended approval of MOU by the City Council.
Questions?
7 CITY COUNCIL STAFF REPORT
MEETING DATE: November 5, 2025
PREPARED BY:
Chris Ghione, Public Services Director
APPROVED BY: City Manager
APPROVE REQUEST TO RENAME NOB HILL TRAIL PARK AFTER
COMMUNITY MEMBER MARTY CHEEK OR PROVIDE ALTERNATIVE
DIRECTION
RECOMMENDATION(S)
Approve or do not approve the renaming of the Nob Hill Trail Park in recognition of Marty Cheek.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
REPORT NARRATIVE:
At the request of the community member who initiated the request, this item was continued from the May 21, 2025 City Council meeting.
Marty Cheek was the co-founder and publisher of Morgan Hill Life, the local free newspaper delivered to residents throughout Morgan Hill. Morgan Hill life was focused and known for publishing news of the positive things that were occurring in our community and typically avoided negative news. Marty previously served as a Parks and Recreation Commissioner and supported numerous efforts to support the community in his role with Morgan Hill Life. Community member John McKay has requested the City Council rename the Nob Hill Trail Park to Marty Park, in recognition of Marty's work in the community. The letter outlining the request is included as Attachment 1.
Renaming of City facilities can occur with approval by the City Council. Council Policy CP-04-02 (Attachment 2) provides guidance to the Council on requests for renaming, including:
Procedures for Naming Existing Facilities
The City does not normally rename existing parks, buildings, and other facilities. In the event that extraordinary circumstances result in the need to rename an existing facility, consideration shall primarily be given to:
1. An individual (living or deceased) who has made a significant land and/or monetary contribution to the City's public facilities and who has stipulated the name as a condition
7 of the donation;
2. An individual (living or deceased) who has contributed outstanding civic service to the City and who has not served in elected City office for a period of at least one year.
City staff met with John McKay and discussed options for park renaming, which included the renaming of the entire park or the dedication/recognition at a specific amenity such as a bench, tree or other item within the park. At that meeting Mr. McKay expressed his desire for the renaming of the entire park. Staff would like the Council to consider several factors before any renaming occurs based on past practice and equity in renaming City facilities.
1. Full facility renaming has occurred at two facilities in the last two decades. The renaming occurred for former mayors at the Morgan Hill "Dennis Kennedy" Aquatics Center and the Morgan Hill "Steve Tate" Library. In both cases, the Mayors were strong leaders in developing the plans to construct the facilities.
2. More recently, a specific area at the Community and Cultural Center (the Downtown Amphitheater) was approved for renaming as "Morgan Hill Rich Firato Downtown Amphitheater". Rich Firato was not instrumental in the construction of the Amphitheater but was a leader in the Chamber of Commerce that developed the Friday Night Music Series into the highly successful event it now is. While Rich was recognized for his community-wide philanthropy, he had a distinct connection in the advancement of the facility for which the renaming was approved.
3. Numerous long-standing community members and organizations have been approved for recognition at various locations throughout the City, but have not had parks or facilities named after them. For example, Ron and Shirley Locicero, are recognized at the Morgan Hill Magical Bridge Playground for their significant contributions to its construction and the Rotary Club of Morgan Hill have a slide and bridge named after the club in the Downtown Parks for its financial contributions and work towards those parks.
4. Funding for the physical changes associated with renaming of the facilities has come from funding raised by those requesting the renaming and not from the City.
There is no doubt that Marty Cheek made a significant contribution to our community and deserves recognition for that work. However, based on past practice and the direct link of the resident's contribution to the specific development of the community facility for which the naming is requested, the Nob Hill Trail Park renaming may or may not be the most appropriate way to recognize Marty Cheek. An alternative could be to approve recognition of a specific amenity within the park space. If this option was selected by the City Council, a very specific monument could be dedicated which includes the specific efforts Marty Cheek made in support of bringing positive news and journalism to our community.
COMMUNITY ENGAGEMENT:
Collaborate
7 This item has been brought forward by a community member as a proposal to the Council.
ALTERNATIVE ACTIONS:
The Council has several alternatives, including:
1. Approve the renaming of the Nob Hill Trail Park to Marty Park, requiring all costs associated with renaming to be taken on by the requestor.
2. Approve alternate recognition of an amenity within the park area and delegate authority to City staff to work with the requestor to finalize exact recognition.
3. Delegate the item to the Parks and Recreation Commission to approve alternate recognition within the park area.
4. Do not approve the renaming request and take no other action.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
There are no prior Council actions related to the renaming of the Nob Hill Trail Park.
FISCAL AND RESOURCE IMPACT:
There are no fiscal or resource impacts associated with this action, so long as the requestor is responsible for costs associated with renaming or recognition.
CEQA (California Environmental Quality Act):
Not a Project.
Administrative activities of governments that do not result in direct physical changes in the environment do not qualify as a project for purposes of CEQA.
February 21, 2025
Mark Turner
Mayor, City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
RE: Facility naming request, Third Street Creek Park
Dear Mayor Turner,
I would like to present at this time a proposal from a community member, me, to rename a City of Morgan Hill park. The park in mention is the Third Street Creek Park which has a very utilitarian name but I feel could better reflect the community of Morgan Hill.
I understand that the “renaming” of an existing park is something not normally done except under extraordinary circumstances. I think the passing of one of Morgan Hill’s most beloved community members, Martin Gerhard Raymond Cheek, who was a journalists and newspaper publisher should rank as an extraordinary circumstance.
Marty was the co-founder and publisher of Morgan Hill Life which focused on the good being done in our community and broke the pattern of negative news covering the front page. He and the newspaper brought forth the real Morgan Hill for all to see, the Morgan Hill we all lived and breathed every day at our most fundamental level. Morgan Hill is not perfect and some warts were reported but the vast majority of life in Morgan Hill is good, really good, and Morgan Hill Life reflected that fact.
Marty used to walk to the top of the Third Street Creek Park on a regular basis early in the morning before most of the rest of us were still asleep warm in our beds. He used to love to look over the city from the perch by the Big Slide. Marty was also involved in working to save Henry Coe State Park during a difficult time in California State Parks history. Marty loved the outdoors and Morgan Hill was the perfect place for him to enjoy that passion with the parks and open space which are so abundant nearby.
I request the Third Street Creek Park be renamed the Martin Cheek Third Street Creek Park or an appropriate variation of that. I can just imagine hearing kids on bikes yelling to each other let’s go to the “Marty Park”, can’t you?
Thank you for your time and consideration of this matter.
Sincerely,
John K. McKay
John K. McKay
Resident, Morgan Hill
8 CITY COUNCIL STAFF REPORT
MEETING DATE: November 5, 2025
PREPARED BY:
Matt Mahood, Economic Development Director
APPROVED BY: City Manager
INTRODUCE ORDINANCE AMENDING CHAPTER 5.28 (AMUSEMENT
AND ENTERTAINMENT PREMISES) OF THE MUNICIPAL CODE
RECOMMENDATION(S)
1. Waive the first and second reading of the Ordinance amendment; and
2. Introduce the Ordinance.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
2024-2025 Strategic Priorities
Fiscal Sustainability
Economic Development and Tourism
Guiding Documents
Economic Blueprint
Morgan Hill 2035 General Plan
Public Safety Master Plan
REPORT NARRATIVE:
Policy Consideration
Should the City Council allow businesses to have Live Entertainment, by right, until 10:00 p.m., so long as they comply with the existing Noise Ordinance and all other City Municipal Codes?
Staff Recommendation
By updating its entertainment permit requirements, Morgan Hill can encourage a thriving, diverse, and safe entertainment scene while protecting the public's health and quality of life. Staff proposes that the City Council adopt an ordinance amending Chapter 5.28 of the Morgan Hill Municipal Code to modernize the City’s approach to amusement and entertainment premises, clarify definitions, and streamline the entertainment permit process in coordination with the Morgan Hill Police Department.
8 Background
In 2017, the City Council adopted the Economic Blueprint to guide Morgan Hill’s efforts in growing a strong, diverse economy and enhancing the Community's quality of life.
Action Item #31 of the Economic Blueprint calls to "Continue to Create A Lively Downtown with Entertainment Offerings." Entertainment is managed by Chapter 5.28 of the City's Municipal Code: “Amusement and Entertainment Premises.” It requires that establishments offering live entertainment operate in a manner that protects public safety and community welfare. The ordinance was adopted in 1998 and should be updated to align with the City’s contemporary business environment, nightlife activity, and best practices in public safety management.
Economic Development efforts in Morgan Hill aim to cultivate a balanced, high-quality community, positioning the area as a regional tourist destination. The Downtown Specific Plan (2009) encourages an active Downtown environment with a mix of residential, retail, restaurant, and entertainment uses in an urban setting. The current permitting requirements limit a business's ability to provide entertainment options such as live music. As the City's Economic Blueprint comes to fruition with the attraction of major investments like the Downtown boutique hotel, a fine art gallery, as well as many restaurants, tasting rooms, mixed-use projects, and businesses of all sizes, the entertainment permit process should be updated to ensure it meets the goals of the City and can be responsive to today's business needs.
The proposed amendments to the City's entertainment ordinance provide a path for the business community to provide entertainment options while improving safety standards.
Staff have collaborated with the Morgan Hill Police Department (MHPD), the Morgan Hill Chamber of Commerce, the Morgan Hill Downtown Improvement District, the Morgan Hill Downtown Association, and local business operators to develop the proposed updates to Chapter 5.28. These updates aim to strike a balance between community vitality and safety, while aligning Morgan Hill’s regulations with those of comparable cities.
Purpose of the Update
The updated ordinance maintains the City’s ability to regulate entertainment activities that could impact public safety but provides more flexibility for low-risk activities.
Specifically, entertainment between 10:00 p.m. and 8:00 a.m. would continue to require a permit from the Chief of Police or designee. Entertainment or dancing conducted between 8:00 a.m. and 10:00 p.m. would be allowed by right. This approach supports economic vitality by enabling restaurants and small venues to host live entertainment during normal business hours without unnecessary permitting delays.
Definitions and Clarifications
• The revised ordinance updates and expands key definitions for “entertainment” and “establishment” to clarify applicability.
• “Entertainment” includes live music, DJ performances, karaoke, comedy, dance acts, and similar live activities.
• "Establishment" means any location within the limits of the city of Morgan Hill to
8 which the public may be invited where food and/or alcoholic beverages are served.
• Exemptions include establishments offering only jukeboxes, recorded music, televisions, or video games.
These definitions ensure consistent enforcement and eliminate ambiguity for businesses.
Permit Application and Conditions
The new permit and appeal process mirrors the recently updated Massage Establishment Ordinance, ensuring consistency across City regulations. Permits may include conditions such as:
• Security and surveillance standards based on the Entertainment Venue and Bar Security Policy
• Responsible alcohol service and trained personnel
• Incident reporting and cooperation with the Morgan Hill Police Department • Environmental design measures to reduce crime risks
• Crowd management and safety protocols
This framework allows the Morgan Hill Police Department, specifically the Chief of Police or their designee, to tailor safety requirements to the size and nature of each establishment.
Entertainment Venue & Bar Security Policy
The accompanying Entertainment Venue & Bar Security Policy, which may be updated as needed by the Chief of Police or designee, provides operational guidance for permitted establishments, including:
• Surveillance and monitoring expectations
• Entry and identification controls (e.g., ID scanning or manual verification) • Screening for large events (100+ attendees)
• Security staffing ratios (1 per 50 at bars; 1 per 75 at restaurants) • Immediate incident reporting and cooperation with law enforcement This ensures public safety while reducing administrative burden.
COMMUNITY ENGAGEMENT:
Inform
The City's Economic Development team had one-on-one conversations with several restaurant operators to share the draft amendment and gather their feedback.
The City's Economic Development team conducted outreach by attending meetings and
8 sharing a draft of the ordinance amendment with the following organizations. • Morgan Hill Chamber of Commerce
• Downtown Morgan Hill Improvement District
• Morgan Hill Downtown Association
On October 13, 2025, the City's Economic Development team, along with the Chief of Police, conducted a virtual Zoom meeting with business operators and property owners to share the draft amendment and gather their feedback.
Feedback from business owners and operators has been supportive, emphasizing flexibility for daytime entertainment and clarity in permitting requirements.
ALTERNATIVE ACTIONS:
Alternatively, the City Council could take no action, keeping the existing ordinance language in place, or could alter the proposed amendments.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
There are no recent City Council actions related to updating Section 5.28 Amusement and Entertainment Premises.
FISCAL AND RESOURCE IMPACT:
The ordinance modernization is not anticipated to have a significant fiscal impact. Staff time for application review and enforcement will be offset by permit fees.
CEQA (California Environmental Quality Act):
Not a Project
Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ORDINANCE NO. ______, NEW SERIES
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MORGAN HILL AMENDING CHAPTER 5.28 (“AMUSEMENT
AND ENTERTAINMENT PREMISES”) TO TITLE 5
(“BUSINESS LICENSES GENERALLY”) OF THE MORGAN
HILL MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF MORGAN HILL, CALIFORNIA DOES ORDAIN AND ENACT AS FOLLOWS:
SECTION 1: Chapter 5.28 (“Amusement and Entertainment Premises”) of Title 5 (“Business Licenses Generally”) is hereby amended to read as follows (additions in underline deletions in strikethrough):
“5.28 Amusement and Entertainment Premises
5.28.010 Purpose.
The purpose of this chapter is the protection of the public safety and welfare by allowing establishments to provide entertainment which does not create a public nuisance or require excessive public safety resources to maintain order.
5.28.020 Definitions.
The following definitions shall be for the purpose of this chapter only, unless specifically adopted by another section of the Morgan Hill Municipal Code. "Dancing" means the movement of the human body, accompanied by music or rhythm, except however, dancing as used in this chapter means dancing by patrons only. "Entertainment" means a single event or series of events, or an ongoing activity or business, occurring as a principle use or business or part of another business, to which the public may be invited to watch, listen, or participate, or is conducted for the purposes of holding the attention of, gaining the attention of or diverting or amusing guests or patrons, including but not limited to:
1. Any amusement or event such as live music or other performance which is knowingly permitted by an establishment subject to this chapter, including presentations by performer(s) such as musicians, disc jockies(DJs), operators of karaoke, hypnotists, pantomimes, poets, comedians, song or dance acts, dancing by the patrons, or other such demonstrations of talent or such activity which may be attended by members of the public whether of not the participants in said activities are compensated by the establishment.
2. Establishments are exempt from this chapter which only provide juke boxes, televisions, video games, video programs, or recorded music and no other entertainment as herein defined.
City of Morgan Hill
Ordinance No. xxxx, New Series
"Establishment" means any location within the limits of the Ccity of Morgan Hill to which the public may be invited where food and/or alcoholic beverages are served. "Lewd conduct" is the touching of genitals, buttocks or breasts in public view for the purposes of sexual, arousal, gratification or affront, or any violation of Sections 288, 288(a), 311.6, 314, 647(a) or 647(b) of the California Penal Code. "Obscene" is defined by any applicable current standard set by California or federal case law.
5.28.030 Entertainment permit required.
A. Entertainment or dancing conducted between the hours of 8:00 a.m. and 10:00 p.m. shall be allowed by right, provided the establishment complies with all other applicable laws and ordinances.
B. No person shall provide or permit any type of entertainment or dancing in a restaurant, nightclub, bar or establishment where food and/or alcoholic beverages are served and which is open to the public between the hours of 10:00 P.M. and 8:00 A.M unless such person shall first obtain a permit to do so from the cChief of pPolice or their designee as hereinafter provided.
B. No entertainment or dancing will be allowed in any establishment where food and/or alcoholic beverage is served, unless a permit therefor is granted in compliance with this chapter, and unless said establishment is in complete compliance with every other applicable law or ordinance which may otherwise apply to the operation of the establishment.
5.28.040 Exemptions.
Entertainment events which are conducted by or sponsored by nonprofit charitable organizations, community service organizations or are provided for members and their guests at a private club where admission is not open to the public, or at a private residence where the public is not invited, or conducted in connection with regularly established community recreation programs, carnivals, or recreation parks are exempt from the provisions of this chapter.
5.28.050 Entertainment restrictions.
Entertainment provided by or allowed by the permittee shall be restricted to that type of entertainment which is specified in the entertainment permit. In addition, the permittee is responsible to preserve the peace and maintain order within and immediately adjacent to the premises upon which the entertainment permit has been granted and to comply with all conditions specified in the permit.
5.28.060 Entertainment permit—Application.
A. If a conditional use permit, or any other entitlement or license, except a certificate of occupancy, is required for the use of any establishment which proposes to provide, or which
City of Morgan Hill
Ordinance No. xxxx, New Series
does provide, entertainment or dancing, the provisions of those permits shall be satisfied before application is made to the cCity for a permit under the provisions of this chapter.
B. An application for an entertainment permit or the renewal of such permit shall be filed with the police department at least thirty days in advance of the term, date or dates for which the application is made on forms provided by the cCity and shall be accompanied by the appropriate fee.
5.28.070 Permit—Application contents.
Each application for an entertainment permit shall contain:
A. A complete identification of the applicant;
B. The name, address, and telephone number of the owner of the real property upon, in, or from which the establishment is to be operated. In the event the applicant is not the legal owner of the property, the application shall be accompanied by a copy of any written lease between the applicant and the property owner authorizing the establishment to offer live entertainment on its premises, or, alternatively, if there is no written lease, then a written, notarized acknowledgment from the property owner that the property owner has been advised that live entertainment will be offered by the applicant upon, in, or from the property owner's property.The names, residential addresses, business addresses, and telephone numbers of any copartners, including limited partners or limited liability partners, or if the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the date and place of incorporation, and the names and addresses of each of its officers, directors, and each stockholder owning more than ten percent of the stock of the corporation or if the applicant is a limited liability company, the name of the company shall be set forth exactly as shown in its articles of organization, together with the date and place of the organization and the names and addresses of each of its members;
C. The names, residential addresses, business addresses and phone numbers of the managers or persons in charge;
D. The names, residential addresses, business addresses and phone numbers and written consent of the owner of the premises who shall give consent to entertainment being conducted upon the premises by signing the application in the space provided; E. A floor plan and site plan showing the building interior rooms and grounds, including parking spaces, the square footage, seating capacity of the area thereof to be used for dancing or entertainment and emergency exits;
F. The exact nature of the proposed business which the permit is being requested and the exact nature in detail of the dancing or entertainment which is being proposed; G. Whether or not any person referred to in subsections A through D of this section has had a permit for the same or similar business suspended or revoked anywhere and, if so, the circumstances of such suspension or revocation. The suspension of an
City of Morgan Hill
Ordinance No. xxxx, New Series
Alcoholic Beverage Control license shall be considered as being included within the purposes of the subsection;
I. The hours of operation; and
J. Such other related information as the cChief of pPolice may require to preserve the public peace, safety, health and welfare of the city or its inhabitants.
5.28.075 Permit—Denial.
A. The Chief of Police or their designee may deny an application for a live entertainment permit on any of the following grounds:
1. The live entertainment, as proposed by the applicant, would not comply with the requirements of this chapter.
2. The live entertainment, as proposed by the applicant, would not comply with any applicable law, including, but not limited to, the City's building, fire, zoning, and health regulations.
3. The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for a live entertainment permit. Any omission or falsified information within the application will result in an automatic denial.
4. Any owner of the establishment offering live entertainment, within five years immediately preceding the date of filing of the application, has been convicted in a court of competent jurisdiction of any offense that relates directly to the offering of live entertainment or has at any time been convicted in a court of competent jurisdiction of any felony the commission of which occurred on the premises of the establishment.
5. Any owner of the establishment offering live entertainment in the City of Morgan Hill that is not in good standing due to the existence of uncorrected violations or unpaid fines or fees.
6. Within the last five years, the applicant has failed to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or prevailing wage requirements. For purposes of this subsection, a final court order or administrative action is one as to which there is no pending appeal and the time for filing an appeal has passed.
7. The establishment offered live entertainment within the City without first obtaining a live entertainment permit from the Police Department of the City of Morgan Hill.
B. The City shall not accept an application for the same or substantially similar live entertainment permit for the same site for a period of twelve months following the denial of a permit, or the date the denial was upheld, whichever is later.
City of Morgan Hill
Ordinance No. xxxx, New Series
C. The notices provided to the establishment offering live entertainment pursuant to this section may also be sent to the owner of the premises where the establishment is located. However, failure to provide notice to the property owner shall not invalidate any actions taken by the City.
D. The applicant or employee has been issued a citation for an ABC violation within 1 year of application.
5.28.080 Permit—Granting.
Upon receipt of an application, and after an investigation, the cChief of pPolice or their designee shall approve the application for the entertainment permit or the renewal of such permit upon finding that:
A. A completed written application form therefore has been filed and the required fee has been paid to the cCity; and
B. As a result of such investigation all applicable provisions of this chapter with regard to permit application have been met and that the operation by the applicant will be carried on in a building, structure, and location which complies with and meets all of the health, zoning, fire, building and safety requirements and standards of the law of the sState and the cCity applicable to business operation; and C. The applicant, employees, agents or any person connected with or associated with the applicant as a partner, director, officer or manager has not been convicted in a court of competent jurisdiction by final judgement within the last ten years of:
1. An offense involving the presentation, exhibition, or performance of an obscene production or play, or
2. An offense involving lewd conduct, or
3. A felony offense involving the use of force and violence upon the person of another; and
D. That the applicant, employees, agents, or any person connected with or associated with the applicant as a partner, director, officer or manager has not knowingly made any false, misleading or fraudulent statement of a material fact in the application for the permit or in any report or record required to be filed with any cCity agency; and E. That the applicant has not had a similar type of permit previously revoked for good cause within the past year, unless the applicant has shown a material change in the circumstances since the date of revocation.
5.28.090 Permit—Conditions.
A. Upon the approval of the application for an entertainment permit or the renewal of such permit, the cChief of pPolice or their designee shall issue such permit to the applicant upon such terms and conditions and restrictions not in conflict with any paramount law and as may be necessary to protect the public peace, health, safety and general welfare of the city or its inhabitants.
City of Morgan Hill
Ordinance No. xxxx, New Series
Such conditions shall appear on the face of the permitmay include, for restaurants, bars, and nightclubs, the implementation and maintenance of a security plan consistent with a nationally recognized standard for nightlife safety, surveillance and monitoring system, entry and identification controls, responsible alcohol service, including trained and licensed security personnel, incident reporting and police cooperation, environmental and preventive crime design, compliance and enforcement, and appropriate crowd management measures.
B. Every person holding a permit issued pursuant to this chapter shall keep the permit posted in a conspicuous place in clear view upon the premises to which it applies.
The permit shall be physically displayed similar to a food safety card and must include details of the permit and contact information for the Code Enforcement Division for the purpose of receiving complaints.
C. The permittee shall provide neighbor notification as part of the permitting process.
Notification procedures shall include timely written notice to property owners and tenants within a reasonable radius of the proposed establishment, with instructions on how to submit concerns or objections to the City.
D. The operator shall not shut, turn off, or reduce the intensity of lighting in the area used for dancing to such an extent as to provide less lighting or illumination than is customary for rooms or areas of like dimensions, or to a degree that makes it difficult or impossible to clearly see or identify individuals dancing on the floor provided for dancing.
E. All entertainers and employees shall be clothed in such a way as to not expose specified anatomical areas, as defined in Section 18.92.020, at any time while working or performing at the establishment.
F. The floor space provided for dancing shall be free of any furniture, obstructions, or partitions and maintained in a safe condition at all times.
5.28.100 Notice of decisionsPermit Issuance.
Notice of the decision of the chief of police or their designee with reference to a permit application pursuant to this chapter shall be given to the applicant or any other such person requesting such notice within twentythirty days after the receipt of an application for a permit or the renewal of such permit.
5.28.110 Permit—Terms.
The term date or dates for the permitted entertainment shall be for the dates of the specific occasion requested, or if the request is for a continuous permit, the permit shall be issued for a period of not longer than one year from the original date of issue, renewable at the time the establishment's annual business license is renewed.
5.28.120 Revocation of permit—Hearing.
A. The chief of police may, by written notice, revoke or suspend the permit of any person holding same in the city, upon receiving satisfactory evidence that the permittee has failed to comply with the provisions of this chapter, specifically those listed in Section 5.28.080,
City of Morgan Hill
Ordinance No. xxxx, New Series
has failed to comply with the conditions specified on the permit or any other conditional use permit, entitlement or license which regulates the establishment, or the permittee, or employees of the permittee, are engaged in conduct or behavior at the premises which creates unreasonable noise or constitutes a nuisance. Complaints registered with the police department, fire department, community development department, the state Alcoholic Beverage Control Board, or the county health department, or other government agency that regulates the establishment may be considered in the determination of whether or not a nuisance has been created.
B. Upon receipt of a written notice of suspension or revocation of an entertainment permit, the permittee may seek a hearing with the chief of police within five working days to show cause why the permit should not be suspended or revoked. After the hearing, the chief of police shall serve notice of his or her written decision to the permittee within five working days.
C. Any permittee aggrieved by the decision of the chief of police to suspend or revoke such permit, may appeal to the city manager or his designee. The written appeal must be filed with the city manager within five working days of service of the chief of police's decision.
The city manager or his designee may uphold the suspension or revocation of the permit granted under this chapter if, after a hearing it is determined that the entertainment is detrimental to the public safety or welfare or that the permittee has failed to comply with the provisions of this chapter, has failed to comply with the conditions specified on the permit or any other conditional use permit, entitlement or license which regulates the establishment, or the permittee, or employees of the permittee, are engaged in conduct or behavior at the premises which creates unreasonable noise or constitutes a nuisance.
Complaints registered with the police department, fire department, community development department, the state alcoholic beverage control board, or the county health department, or other government agency that regulates the establishment may be considered in the determination of whether or not a nuisance has been created.
A. The Chief of Police or their designee shall give written notice of the proposed revocation or suspension of any permit granted pursuant to this chapter to the permittee. The notice shall set forth the date that the revocation or suspension is effective, the time and place of the informal meeting with the police chief or their designee, the ground or grounds upon which the revocation or suspension is based, the pertinent code sections, and a brief statement of the factual issues in support thereof. The notice shall be mailed to the permittee at the business address at least ten business days prior to the effective date of the suspension or revocation, unless immediate revocation is necessary to protect the public health and safety, such as criminal activity resulting in the arrest of one or more individuals at the establishment or building code violations that render the establishment unsafe to occupy.
B. No appeal may be taken to any such administrative decision made by the Chief of Police or their designee pursuant to the provisions of this chapter unless such decision to appeal has been first taken up with the Chief of Police. This shall be an informal meeting to allow the permittee to provide evidence that the permit should not be suspended or revoked.
C. Failure to attend an informal meeting with the Chief of Police or their designee shall be deemed a forfeiture of any right to appeal the decision to suspend or revoke a permit.
City of Morgan Hill
Ordinance No. xxxx, New Series
D. Within ten business days of the informal meeting, the Chief of Police or their designee shall render his or her decision in writing, stating his or her findings and the action taken, if any. The decision letter shall be mailed to the permittee at the business address. The decision letter shall include the information of the right to appeal.
E. The permittee may appeal the decision to suspend or revoke a live entertainment permit by filing a written notice of appeal with the City Manager, within ten days from the deposit of the decision letter in the mail or its receipt by the permittee, whichever occurs first, specifying in detail the ground or grounds for the appeal.
F. The City Manager or their designee shall set a time and place for the hearing on the appeal not less than fifteen days and not more than sixty days from the date the appeal was received by the City Manager or their designee and shall give at least five days’ written notice by mail to the permittee of the date, time, and place for the hearing. The hearing shall be conducted in accordance with Section 5.28.121.
G. After the hearing on the appeal, the hearing officer may refer the matter back to the Chief of Police for a new investigation and decision, may affirm the decision of the Chief of Police or their designee, may dismiss the disciplinary action, or may revoke or suspend the permit.
The permittee will be notified by the City Manager or their designee. The decision of the hearing officer upon such appeal shall be final and shall be subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6.
H. The notices provided to the live entertainment permit holder pursuant to this section may also be sent to the owner of the premises where the live entertainment is offered. However, failure to provide notice to the property owner shall not invalidate any actions taken by the city.
5.28.125 Hearing Rules.
The following rules shall apply to any hearing required by this chapter.
A. The City Manager or their designee may hear the appeal or designate a City employee or third party to act as the hearing officer.
B. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to be represented by counsel, and to confront and crossexamine witnesses.
C. Any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.
D. The hearing officer may conduct the hearing informally, both as to rules of procedure and admission of evidence, in any manner which will provide a fair hearing.
E. A continuance may be granted for good cause if the party seeking the continuance has made a good faith effort to prevent the recurrence of the incident that led to the notice of intent to revoke or suspend.
F. If the Chief of Police or their designee submits an additional written report concerning the revocation or suspension to the hearing officer for consideration at the hearing, then a copy
City of Morgan Hill
Ordinance No. xxxx, New Series
of this report also shall be mailed to the person requesting the hearing at least five days prior to the date of the hearing. Any administrative citation, revocation or suspension letter, and any additional report submitted by the Chief of Police shall constitute prima facie evidence of the respective facts contained in those documents.
G. The standard of proof shall be by a preponderance of the evidence.
H. Failure to attend an appeal hearing is grounds for dismissal of the appeal and constitutes a failure to exhaust the administrative remedies.
5.28.130 Revocation of permit—Reapplication.
Whenever a permit is revoked under the terms of this chapter, no other application for a permit under this chapter shall be considered from the same applicant for the same type of use for a period of one year from the date of such revocation.
5.28.140 Violations.
Any establishment offering live entertainment operated, conducted, or maintained contrary to the provisions of this chapter is unlawful and a public nuisance.
A. It is unlawful for any person to violate any of the provisions of this chapter.
B. Any establishment or business providing entertainment or dancing maintained contrary to the provisions of this chapter or without a valid permit shall be declared unlawful and a public nuisance.
SECTION 2. Severability. If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.
SECTION 3. Effective Date; Publication. This ordinance shall take effect thirty (30) days after the date of its passage and adoption. The City Clerk is hereby directed to publish in full or summary this ordinance pursuant to §36933 of the Government Code in a newspaper of general circulation in the City of Morgan Hill.
The foregoing ordinance was introduced and the title thereof read at a regular meeting of the City Council of the City of Morgan Hill held on the day of 2025, and was finally adopted at a regular meeting of said Council on the day of 2025, and said ordinance was duly passed and adopted in accordance with law.
PASSED AND ADOPTED by the City Council of Morgan Hill at the regular meeting held on the th day of ______, 2025 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
City of Morgan Hill
Ordinance No. xxxx, New Series
Created: 2025-08-06 08:08:16 [EST]
(Supp. No. 72, Update 1)
APPROVED:
__________________________________
MARK TURNER, MAYOR
ATTEST: DATE:
___________________________ _______________________
MICHELLE BIGELOW, City Clerk
City of Morgan Hill
Entertainment Venue & Bar Security Policy
(Issued Pursuant to MMC § 5.28.090 – Permit Conditions) Effective Date: [Insert Date]
Issued By: Office of the Chief of Police
Applies To: Restaurants, bars, nightclubs, and similar establishments holding a City of Morgan Hill Entertainment Permit.
1. Purpose & Authority
This policy establishes the minimum-security standards for entertainment venues within the City of Morgan Hill.
It is issued pursuant to Morgan Hill Municipal Code Chapter 5.28, which authorizes the Chief of Police or their designee to impose permit conditions necessary to protect public peace, health, safety, and welfare.
2. Definitions
Entertainment Venue: Any restaurant, bar, nightclub, or similar establishment where entertainment is provided and an entertainment permit is required.
Security Personnel: Individuals whose primary duty is to monitor patron conduct, enforce venue rules, and ensure public safety. (BSIS requirements/Guard Card) Nationally Recognized Standard: A security practice consistent with guidelines from the International Association of Venue Managers (IAVM), U.S. Department of Justice, or National Fire Protection Association (NFPA).
3. Security Plan Requirements
All venues must prepare and maintain a Security & Safety Plan approved by the Morgan Hill Police Department as part of the entertainment permit process. Plans must be reviewed annually and updated as needed.
A. Surveillance & Monitoring
o Install commercial grade digital video surveillance covering entrances, exits, bar areas, dance floors, entertainment spaces, and exterior surroundings. o Cameras must provide sufficient resolution to identify persons and events.
o Video must be retained for at least 30 days and made available to law enforcement upon request.
o Maintain adequate lighting both inside and outside to deter crime.
B. Entry & Identification Controls
o All patrons entering after 10:00 p.m. or entering age-restricted areas must present valid ID.
o Use ID scanning devices or manual verification tools. o ID scanners may only store date, time, and age verification result unless otherwise permitted by law.
o Post signage regarding age restrictions and zero tolerance for fake IDs. o Maintain a trespass/do-not-admit list for patrons banned due to violence, threats, or illegal behavior.
C. Screening Procedures
o Venues with occupancy of 100+ (or as directed by the Chief of Police) must conduct bag checks and/or handheld metal detection screenings.
D. Responsible Alcohol Service
o All bartenders and servers must be certified in Responsible Beverage Service (TIPS, LEAD, or equivalent).
o Use Point of Sale (POS) monitoring to prevent overserving: flag excessive purchases within short timeframes.
o Enforce “last call” consistently.
o Prohibit promotions that encourage rapid consumption.
E. Staffing & Security
o Minimum staffing: 1 licensed security staff per 50 patrons for bars/nightclubs; 1 per 75 patrons for restaurants with entertainment. Actual number of security officers to be determined by Chief of Police or their designee.
o Security staff must be 21+ and trained in de-escalation, ID verification, emergency evacuation, and crowd control.
o Licensed security guards on duty; security guards must wear identifiable uniforms. o Licensed security guards must be on duty prior 15 minutes prior to 10:00 p.m. and remain on sight until 30 minutes after closing.
o Maintain accurate occupancy counts; do not exceed Fire Marshal/Building Code limits.
o Designate a Security Supervisor nightly to coordinate with police.
F. Crowd Management & Life Safety
o Ensure compliance with occupancy limits.
o Maintain clear, unobstructed exits at all times.
o Assign at least one security staff member to monitor patron flow and prevent overcrowding.
G. Incident Reporting & Police Cooperation
o Maintain a written incident log for fights, assaults, emergencies, refusals of entry, ejections, disturbances, and police responses.
o Logs must be retained for at least one year and available to police. o Incidents involving weapons, altercations, or serious disturbances shall be reported without delay.
o Provide police immediate access to surveillance video. o Establish a primary contact (manager/owner) to be available at all times. o Participate in quarterly safety meetings with police/hospitality coalitions.
H. Crime Prevention through Environmental Design
o Maintain clear visibility into establishments (no blocked windows). o California Code of Regulations, Title 4, and Business & Professions Code §§ 24200– 24200.5 give ABC the authority to suspend, revoke, or condition licenses to prevent premises from becoming a crime problem. Many of these conditions directly align with CPTED principles. Use controlled entry lines to manage crowds. o Provide safe transportation options (rideshare/taxi zones, DUI prevention partnerships).
o Post no loitering signage and remove loiterers promptly from exterior spaces.
4. Compliance & Enforcement
o The permittee shall provide neighbor notification as part of the permitting process.
Notification procedures shall include timely written notice to property owners and tenants within a reasonable radius of the proposed establishment, with instructions on how to submit concerns or objections to the city.
o Security & Safety Plans must be submitted annually to the Morgan Hill Police Department for review.
o Failure to comply may result in permit suspension, modification, or revocation. o The Chief of Police or their designee may impose site-specific conditions where unique risks exist.
o Scheduled Police/ABC/hospitality safety meetings attendance is mandatory
5. Bar Security & Safety Checklist
☐ Cameras installed at entrances/exits, bar areas, and exterior spaces ☐ Video retained a minimum of 30 days and available to police ☐ Adequate interior/exterior lighting
☐ ID scanner in use after 10 p.m. (age verification logged) ☐ Fake ID/underage policy posted
☐ Do-not-admit list maintained and shared with police via email monthly. ☐ All staff RBS certified (TIPS/LEAD)
☐ POS system flags excessive purchases
☐ “Last call” enforced consistently
☐ No rapid-consumption promotions
☐ Licensed security guards on duty during 10pm to 30 minutes after closing. ☐ Guards in uniforms/identifiers
☐ Occupancy count maintained (not exceeding Fire Marshal limits) ☐ Security Supervisor designated nightly
☐ Incident log maintained (1 year retention)
☐ Surveillance video provided to police upon request
☐ Primary contact available to law enforcement
☐ Scheduled Police/ABC/hospitality safety meetings attendance is mandatory ☐ Visibility maintained into venue (no blocked windows) ☐ Controlled entry lines in place
☐ Rideshare/taxi/DUI prevention measures
☐ Exterior loiterers removed
Reviewed by (Police/Inspector): ___________________________ Reviewed with (Restaurant/Bar Manager): _____________________________ Date: ________________
9 CITY COUNCIL STAFF REPORT
MEETING DATE: November 5, 2025
PREPARED BY:
Brittney Sherman, Economic Development Coordinator
APPROVED BY: City Manager
INTRODUCE ORDINANCES APPROVING THE FOLLOWING CITYINITIATED ZONING AMENDMENTS:
CONDIT - AUTO PARK: PLANNED DEVELOPMENT (PD) ZONING
AMENDMENT TO THE DEVELOPMENT PLAN FOR THE AUTO PARK
PLANNED UNIT DEVELOPMENT (PUD) LOCATED ON THE
SOUTHWEST CORNER OF CONDIT ROAD AND DIANA AVENUE
(ZA2025-0001)
CONDIT - CONDIT ROAD: PLANNED DEVELOPMENT (PD) ZONING
AMENDMENT TO THE DEVELOPMENT PLAN FOR THE CONDIT ROAD
PLANNED UNIT DEVELOPMENT (PUD) LOCATED ON THE WEST SIDE OF CONDIT ROAD BETWEEN E. DUNNE AVENUE AND TENNANT
AVENUE (ZA2025-0002)
LAUREL - HONDA: PLANNED DEVELOPMENT (PD) ZONING
AMENDMENT TO THE ALLOWED USES OF THE HIGHWAY
COMMERCIAL - CH (PD) OVERLAY ZONE ON THE EASTERLY
TERMINUS OF LAUREL ROAD (ZA2025-0005)
RECOMMENDATION(S)
1. Open/close public hearing;
2. Waive first and second reading of the Zoning Amendment ZA2025-0001: Condit – Auto Park PUD;
3. Introduce Ordinance approving Zoning Amendment ZA2025-0001;
4. Waive first and second reading of the Zoning Amendment ZA2025-0002: Condit – Condit Road PUD;
5. Introduce Ordinance approving Zoning Amendment ZA2025-0002;
6. Waive first and second reading of the Ordinance approving Zoning Amendment ZA2025-0005: Laurel Road – Honda PUD; and
7. Introduce Ordinance approving Zoning Amendment ZA2025-0005.
9 COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
2024-2025 Strategic Priorities
Fiscal Sustainability
Economic Development and Tourism
Healthy Community
Guiding Documents
Economic Blueprint
Morgan Hill 2035 General Plan
REPORT NARRATIVE:
POLICY CONSIDERATIONS:
In alignment with the strategies and action items outlined in the City’s Economic Blueprint, staff is recommending targeted zoning amendments designed to stimulate new investment and development in three key freeway-adjacent commercial areas. The proposed amendments would remove unnecessarily restrictive zoning provisions and allow for a broader range of revenue-generating land uses, including auto dealerships, hotels, and restaurants. In addition, the amendments would support the expansion of recreational and complementary commercial opportunities adjacent to the City's Outdoor Sports Center and Aquatics Center.
To advance the City’s economic development goals, staff is proposing updates to the Planned Developments (PD) known as the Condit Planned Unit Development (PUD) and Auto Park PUD, which regulate zoning on the west side of Condit Road between Diana Avenue and Tennant Avenue, as well as an amendment to the PD governing the existing Honda Dealership site (Laurel Road PD). The proposed zoning amendments are intended to remove barriers that currently limit development opportunities for retail, recreation, auto sales, and hotel uses. These changes are expected to encourage private investment in key commercial areas and increase the City’s sales tax and transient occupancy tax (TOT) revenues.
The Planning Commission recommended approval of these zoning amendments.
Please note, PD and PUD are used interchangeably. The original ordinances, plans and guidelines referenced PUD, however, the City now uses PD exclusively.
9 ZA2025-0001: CONDIT – AUTO PARK PUD
Project Description
An amendment is proposed to remove the existing cap of four motor vehicle sales dealerships within the PD, thereby allowing for the establishment of additional dealerships.
Location: 25.3-acre site is located on the southwest corner of Condit Road and Diana Avenue
APNs: 728-17-031, -035, and -036
Zoning: PUD (CH)
General Plan: Commercial
The 25.3-acre site is composed of 3 different parcels ranging in size from 7.5 to 8.5 acres with two permanent dealerships (Ford, Chrysler/Dodge/Jeep/Ram) and a third temporary dealership (Family RV) operating with a Temporary Use Permit. The site is bounded by Highway 101 to the west, agricultural use to the north, residential and
9 agricultural land to the east, and a hotel to the south.
ZA2025-0002: CONDIT – CONDIT ROAD PUD
Project Description
A Zoning amendment is proposed to support nearby amenities such as the Outdoor Sports and Aquatics Centers, enhance the area’s economic vitality, and increase revenue through sales tax and transient occupancy tax (TOT) generation.
The proposed amendments are summarized below:
• Hotel Development Flexibility
Remove the existing cap of five hotels within the PUD to accommodate additional hotel development in response to market demand and evolving hospitality needs. • Temporary Uses
Introduce provisions to allow temporary uses, enabling interim activities such as
9 live entertainment, recreational events, and community gatherings. • Commercial Indoor Recreation
Permit indoor recreation uses up to 30,000 square feet by right, eliminating the requirement for a Conditional Use Permit and supporting expanded recreational opportunities.
• Athletic Training Facilities with Onsite Accommodations Allow specialized athletic training facilities that include onsite lodging to meet the operational needs of professional sports teams.
• Retail Development
Expand permitted retail uses by allowing grocery stores by right and permitting convenience stores with a Conditional Use Permit, enhancing access to essential goods and services.
• Restaurants with Drive-through
Remove the existing limitation of one restaurant with a drive-through, allowing for greater flexibility in food service options within the PD. • Motor Vehicle Sales
Remove the restriction of two motor vehicle sales with outdoor display, thereby allowing additional dealerships with outdoor display areas within the PD. • Tasting Rooms
Revise the permitted uses to identify “Tasting Rooms” as an allowed use, replacing the outdated reference to “Wine Tasting.” The term “Tasting Room,” as defined in the Zoning Code, encompasses the on-site tasting and retail sale of wine, beer, and/or other alcoholic beverages, with both on-site and off-site sales directly to the public.
Location: 35-acre site on the west side of Condit Road between East Dunne Ave and Tennant Avenue
APNs: 817-12-001,-003, -004, -018, -019; 817-13-019, -020, -021, -022, -024, -026, - 027, -029, -030, -031, -032, -033, -034, and -035
Zoning: PUD (CG)
General Plan: Commercial
The approximately 35-acre site is composed of 19 different parcels ranging in size from 1 to 4.5 acres. Four parcels comprising 6.68 acres are currently vacant. The site is bounded by Highway 101 to the west, commercial use to the north, residential and the Morgan Hill Outdoor Sports Center to the east, and open space to the south.
9 ZA2025-0005: LAUREL – HONDA PUD:
Project Description
A Zoning amendment is proposed to remove the existing cap of one motor vehicle sales dealership within the boundaries of the PD. The current zoning restriction, which limits the site to a single dealership use, has created a barrier to meeting this growing demand for auto dealership sites.
9 Location: 9.27-acre site on the easterly terminus of Laurel Road, approximately 600 feet east of Walnut Grove Drive
APN: 726-01-001, -006, and -007
Zoning: PUD (CH)
General Plan: Commercial
The 9.27-acre property is currently developed with an existing Honda dealership. The dealership was initially constructed in 1997 on the eastern 2.21-acre parcel and was subsequently expanded in 2015 to include additional vehicle storage on the adjacent
4.64-acre parcel. The site is bordered by Highway 101 to the east, residential uses to the north and west, and commercial development to the south.
9 Pursuant to Section 18.114.060 (Findings for Approval), the City Council may approve a zoning code amendment only if all of the following findings are made:
1. The proposed amendment is consistent with the General Plan and any applicable specific plan as provided by Government Code Section 65860.
2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
3. The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the permitted land uses and development will comply with the zoning code and general plan and contribute to the health, safety, and welfare of the property, surrounding properties, and the community at large.
The proposed amendments are consistent with the above findings as discussed in the Planning Commission staff reports (linked in the community engagement section of this report) and draft ordinance.
COMMUNITY ENGAGEMENT:
A 10-day public hearing notice was published in the Friday, October 24, 2025, edition of the Morgan Hill Times pursuant to Government Code Section 65090-65096. A notice was also mailed to property owners within 300 feet of the project sites.
A 20-day public hearing notice was published in the Friday, August 29, 2025, edition of the Morgan Hill Times pursuant to Government Code Section 65090-65096. A notice was also mailed to property owners within 300 feet of the project sites.
On September 23, 2025, the Planning Commission held a duly noticed public hearing where they considered public testimony along with a Staff Report, exhibits, and other materials. The Planning Commission agenda packet including the Public comments received at the hearing is linked here.
Prior to the June 24, 2025, Planning Commission workshop and the September 23, 2025, Planning Commission meeting, City staff conducted individual outreach to the Auto Dealers within the Auto Park PUD.
On July 10, 2025, City staff provided an update to the Morgan Hill Chamber of Commerce Economic Development Committee on the proposed Zoning Amendments.
On June 24, 2025, staff conducted a Planning Commission workshop for the commission to review and provide feedback on the proposed zoning amendments, except for ZA2025-0005: Laurel - Honda PD Amendment, which was added to the Cityinitiated PUD amendments after the workshop. In advance of the June 24, 2025, Planning Commission Workshop, business and property owners located within the Auto Park and Condit Road PUDs were contacted via email and standard mail. The Planning Commission agenda packet including the Public comments received at the hearing is linked here.
9 ALTERNATIVE ACTIONS:
Not Applicable
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
On September 23, 2025, the Planning Commission held a duly noticed public hearing where they considered public testimony along with a Staff Report, exhibits, and other materials. Main topics of discussion included convenience markets, sports instruction, and future development as influenced by market feasibility. The Planning Commission recommended approval of the Zoning Amendment of the City Council with no changes.
A link to the meeting video recording is here.
FISCAL AND RESOURCE IMPACT:
The proposed City initiated zoning amendments are aimed at stimulating Economic Development, thus increasing the amount of sales tax and transient occupancy tax (TOT) collected by the City.
CEQA (California Environmental Quality Act):
These ordinances are categorically exempt from environmental review under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. The proposed text amendments are covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
(DRAFT) ORDINANCE NO. , NEW SERIES
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MORGAN HILL AMENDING THE HIGHWAY
COMMERCIAL (CH) PLANNED DEVELOPMENT (PD)
OVERLAY ZONE ON A 25.3-ACRE SITE ON THE
SOUTHWEST CORNER OF CONDIT ROAD AND
DIANA AVENUE (ZA2025-0001 CONDIT – AUTO PARK
PD) APN’S: 728-17-031, -035, and -036
WHEREAS. On March 25, 2009, the City Council adopted ordinance No. 1926 approving a zoning amendment to establish a Development Plan and Guidelines for a Planned Development area including the allowance for four motor vehicle sales dealerships at the southwest corner of Condit Road and Diana Avenue.
THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The proposed zoning amendment is consistent with the General Plan and any applicable specific plan as provided by Government Code Section 65860.
The proposed zoning amendments are consistent with the City's General Plan, as they support commercial development in alignment with the site's existing Commercial land use designation. The Commercial designation is primarily applied to properties located along arterial roadways west of Highway 101 and along the eastern freeway frontage. This designation is intended to accommodate a broad range of retail and service-oriented uses, including automobile dealerships.
SECTION 2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
The proposed amendment will not introduce hazardous activities or increase risks to public health or safety. Any new development or business will still be subject to building codes, fire codes, and environmental regulations.
SECTION 3. The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the permitted land uses and development will comply with the zoning code and general plan and contribute to the health, safety, and welfare of the property, surrounding properties, and the community at large.
The site is presently developed with a vehicle sales use and the allowance for additional dealerships within the same area will not be detrimental to the health,
safety, and welfare of the property, surrounding properties, and the community at large.
SECTION 4. This ordinance is categorically exempt from environmental review under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. The proposed text amendments are covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 5 The proposed amendment shall apply to those parcels identified by assessor parcel number attached hereto, as Exhibit “A”
SECTION 6. The City Council hereby amends the Auto Park PD Guidelines as shown in Exhibit B.
SECTION 7. The request was considered by the Planning Commission at its regular meeting of , 2025, at which time the Planning Commission recommended approval of Zoning Amendment application, ZA2025-0001: Condit – Auto Park PD. The City Council accepts the recommendation of the Planning Commission.
SECTION 8. Severability. If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.
SECTION 9. Effective Date; Publication. 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
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. xxx, New Series, adopted by the City Council of the City of Morgan Hill, California at their regular meeting held on day of , 2025.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE:
MICHELLE BIGELOW, City Clerk
EXHIBIT A
Allowed Uses
'EXHIBIT B'
AUTO PARK PD GUIDELINES
REVISED 02/24/2009 October 2025
AU-1. Vehicle Sales and Leasing per (MHMC 18.124.40).
Uses allowed within this planned development (PD) shall include four (4), motor vehicle sales dealerships for the sale of automobiles, boats, and/or recreational vehicles. The four dealerships shall include the existing Ford Store. Minor and major motor vehicle repair shall also be allowed in the PD provided the repair use is ancillary to the principally permitted motor vehicle sales use and the repair service is provided by the dealership. No independent or freestanding vehicle repair use shall be allowed in the PD.
AU-2. Any other use proposed in the PD shall require an amendment to the PD Guidelines and zoning.
Design (Site, Building and Landscape)
D-1. Future development within the PD shall comply with the adopted PD Guidelines as contained herein. The Auto Park PD Development Plan prepared by Fred Goree A.I.A. Architects, dated February 14, 2008, on file at the Community Development Department, identifies an overall master plan for development of the PD; the design and location of all physical and landscape improvements shall be substantially consistent with the Auto Park PD Development Plan. However, the exact plan as presented is not approved as part of the PD zoning. Modifications to the Auto Park PD Development Plan will be necessary to comply with the adopted PD Guidelines.
D-2. Future development of the PD shall require a Design Permit and shall be subject to compliance with the site development standards of the HC, Highway Commercial Zoning District and the City of Morgan Hill Architectural Review Handbook. The following design measures shall be implemented in the PD:
a. A minimum 30-ft wide landscape buffer (excluding any landscaping in the public right-of-way) shall be provided along the Condit Road frontage. The 30-ft wide Condit Road landscape buffer shall include rolling berms and minimum 24-inch box size trees.
b. A minimum 15-ft wide landscape buffer (excluding any landscaping in the public right-of-way) shall be provided along the Diana Avenue frontage.
c. A minimum 30-ft wide landscape buffer shall be provided along the Madrone Channel frontage.
d. Areas of required parking shall be landscaped in strict adherence to the Morgan Hill Architectural Review Handbook, including but not limited to the provision of landscape planters and minimum five feet of landscaping between the interior side property lines and parking stalls and/or drive aisles.
e. A path of travel from the sidewalk to each building shall be provided via a four-ft wide sidewalk set within a minimum 14-ft wide landscape area on at least one side of both internal drive aisles labeled Utility Drive and Sales Avenue on the Auto Park PD Development Plan.
f. The buildings for the three new dealerships shall be compatible in design and scale with the existing Ford Store dealership.
g. To the greatest extent possible, service bay roll-up doors should not face Condit Road or Diana Avenue. If service bay roll-up doors do face Condit Road and/or Diana Avenue, landscape screening shall be provided to minimize visibility from the public right-of-way.
h. Any flag poles installed on-site shall not exceed 30 feet in height, except as may be permitted by approval of a conditional use permit for a telecommunications facility.
D-3. On-site stormwater detention/retention will be required with development of the site, subject to the review and approval of the Morgan Hill Public Works Department.
Detention/retention pond(s) shall not be located within the required Condit Road or Diana Avenue landscape buffers, and there shall be no new storm drainage outfalls directly into Madrone Channel from the project site.
Circulation
C-1. Cross access circulation shall be maintained between the adjoining dealerships and throughout the PD as shown on the Auto Park PD Development Plan. As part of any future subdivision of the project site, the applicant shall record cross access easements along common drive aisles and reciprocal ingress/egress easements at all driveway entrances.
C-2. To the greatest extent possible, dead end drive aisles should be avoided. Dead end drive aisles shall only be allowed in areas designated for vehicle display, storage, or
temporary parking of service vehicles. Dead end drive aisles shall not be allowed in any public or customer parking areas.
C-3. The internal drive aisles labeled Utility Drive and Sales Avenue on the Auto Park PD Development Plan shall be a minimum 30 ft in width.
C-4. Test driving of vehicles shall be limited to Condit Road, Highway 101 and segments of Dunne Avenue, Cochrane Road and/or Tennant Avenue required for access to and from the freeway. Test driving of vehicles is prohibited along Murphy Avenue, on Condit Road north of Main Avenue and south of Dunne Avenue and on East Dunne Avenue, east of Condit Road. A map of the approved, designated test driving route as described above shall be included in all Sales Employee Handbooks for all dealerships located within the Auto Park PD.
Parking
P-1. The parking and/or display of vehicles in any landscape area are expressly prohibited within the PD.
P-2. All employee and customer parking shall be clearly marked and shall be provided entirely on-site.
P-3. Parking required for an ancillary motor vehicle service use shall be calculated separately and in addition to parking required for the principally permitted motor vehicle sale use.
Deliveries/Loading & Unloading
D/L&U-1. Motor vehicle deliveries to the dealerships shall be restricted to the hours of 9 a.m. to 4 p.m. Monday through Saturday to minimize traffic/circulation conflicts.
D/L&U-1. All loading and unloading of motor vehicles shall be conducted entirely on-site.
Lighting
L-1. As part of the Design Permit review process for any future dealership, the applicant shall provide for City review and approval a photometric plan identifying lighting levels resulting from all exterior lighting. Lighting levels at the new dealerships shall be equal to or less intensive than the lighting levels at the existing Ford Store dealership. Also, lighting standards for the PD shall include the following:
a. Parking lot lights located between the building and Condit Road and/or Diana Avenue shall not be more than 18 ft in overall height, except that lights located within 85 feet of Condit Road and/or Diana Avenue shall not be more than 15 ft in
overall height (e.g., 2'-6" base with 12'-6" pole or 3'-0" base with 12'-0" pole). All other parking lot lights shall not exceed an overall height of 20 ft. b. The existing lights at the Ford Store dealership shall remain at their current height as approved under Building Permit No. BLD2003-01108.
c. Flood lights aimed at the sky or used to spot light display areas are expressly prohibited. Accent uplighting of buildings and/or landscaping may be permitted subject to review and approval of the required Design Permit.
L-2. All lighting shall be shielded and directed in such a manner so as not to produce harmful effects upon neighboring property. Adjustments to the lighting intensity may be required after commencement of the use. I
Signage
S-1. One (1) shared use freeway sign advertising the names of the four dealerships shall be allowed for the Auto Park PD. The freeway sign shall be designed in accordance with the provisions of the City Sign Code, and shall not be installed until after a second dealership is established within the Auto Park PD.
S-2. All signs shall comply with Chapter 18.76, Sign Code, of the Morgan Hill Municipal Code and require sign permits prior to installation.
S-3. Individually mounted channel letters shall be utilized for building attached signs.
S-4. The use of flags, banners, tassels, balloons or other inflatable objects is prohibited in the PD except as expressly permitted in Chapter 18.88, Sign Code, of the Morgan Hill Municipal Code.
Noise
N-1. The use of any exterior public address system or other noise intrusive communication system is expressly prohibited in the PD.
General Provisions
GP-1. Any modification to these PD Guidelines shall be subject to review and approval of a PD Amendment.
(DRAFT) ORDINANCE NO. , NEW SERIES
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MORGAN HILL AMENDING THE
DEVELOPMENT PLAN FOR A PLANNED UNIT
DEVELOPMENT (PUD) ON A 35 ACRE SITE ON THE
WEST SIDE OF CONDIT ROAD BETWEEN DUNNE
AND TENNANT AVENUES (ZA2025-0002 CONDIT –
CONDIT ROAD PUD) APN’S 817-12-001,-003, -004, -018, -
019; 817-13-019-022, -024, -026,027, 029-032, and 034-
035
WHEREAS. On March 25, 2009, the City Council adopted ordinance No. 1926 approving a zoning amendment to establish a Development Plan and Guidelines for a Planned Development area including the allowance for four motor vehicle sales dealerships at the southwest corner of Condit Road and Diana Avenue.
THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The proposed zoning amendment is consistent with the General Plan and any applicable specific plan as provided by Government Code Section 65860.
The proposed zoning amendments are consistent with the City’s General Plan, as they support commercial development in alignment with the site’s existing Commercial land use designation. The Commercial designation is primarily applied to properties located along arterial roadways west of Highway 101 and along the eastern freeway frontage. This designation is intended to accommodate a broad range of retail and service-oriented uses, including automobile dealerships.
SECTION 2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
The proposed amendment will not introduce hazardous activities or increase risks to public health or safety. Any new development or business will still be subject to building codes, fire codes, and environmental regulations.
SECTION 3. The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the permitted land uses and development will comply with the zoning code and general plan and contribute to the health, safety, and welfare of the property, surrounding properties, and the community at large.
The property on the west side of Condit Road, between East Dunne Avenue and
Tennat Avenue, is predominantly developed with retail and hotel uses. The proposed amendment will facilitate additional development that will contribute to the health, safety, and welfare of the property, surrounding properties, and the community at large.
SECTION 4. This ordinance is categorically exempt from environmental review under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. The proposed text amendments are covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 5 The proposed amendment shall apply to those parcels identified by assessor parcel number attached hereto, as Exhibit “A”
SECTION 6. The City Council hereby amends the permitted and conditional uses as contained in the certain series of documents date stamped December 17, 2001 on file in the Community Development Department, entitled “Condit PUD planned development and phasing plan” prepared by DpC, Development Process Consultants.
Uses allowed within the PUD shall be amended as follows:
Permitted Uses
Restaurants, Sit down.
Wine tasting Tasting Rooms
General Retail uses including grocery and excluding liquor stores.
Motels and hotels a maximum of 5 will be allowed in the PUD Arts and crafts galleries
Conference centers, banquet, and meeting rooms
Commercial indoor and outdoor recreation 30,000 square feet or less. 3,000 square feet or less
Financial services and professional offices limited to second floor and above location
School, business trade, or tutoring
Conditional Uses
Commercial indoor recreation greater than 30,000 square feet. 3.000 square feet Motor vehicle sales and service uses provided that no more than two such uses involve outdoor sales display. Service uses shall only be allowed when ancillary to motor vehicle sales.
Fast food Restaurants with drivethrough, no more than one drive-thru establishment.
Other commercial uses with an outdoor sales display area.
Any other use, which the Planning Commission determines to be similar to permitted or conditional uses
Convenience Markets (per MHMC 18.92.030)
Athletic Training Facility with ancillary accommodations Any other use, which the Planning Commission determines to be similar to permitted and conditional uses.
Temporary Uses
Limited to 1-year with (2) 1-year extensions
In addition to those temporary uses identified in section 18.92.150 c. • Live Entertainment
• Recreation
• Social Gatherings
Any other temporary uses which the Development Services Director deems to be similar to other temporary uses
SECTION 7. The request was considered by the Planning Commission at its regular meeting of September 23, 2025, at which time the Planning Commission recommended approval of Zoning Amendment application, ZA 2025-0002 Condit – Condit Road PD. The City Council accepts the recommendation of the Planning Commission.
SECTION 8. Severability. If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.
SECTION 9. Effective Date; Publication. 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
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. xxx, New Series, adopted by the City Council of the City of Morgan Hill, California at their regular meeting held on day of , 2025.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE:
MICHELLE BIGELOW, City Clerk
EXHIBIT A
(DRAFT) ORDINANCE NO. , NEW SERIES
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MORGAN HILL AMENDING THE HIGHWAY
COMMERCIAL (CH) PLANNED DEVELOPMENT (PD)
OVERLAY ZONE ON A 9.27 ACRE SITE ON THE
NORTH SIDE OF THE EASTERN TERMINUS OF
LAUREL ROAD (ZA2025-0005 LAUREL – HONDA)
APN’S: 726-01-001, 726-01-006, AND 726-01-007
WHEREAS. On April 17, 1996, the City Council adopted Ordinance No. 1273, N.S., establishing a Highway Commercial (CH) and Planned Unit Development (PUD) overlay zone to allow one motor vehicle dealership use on parcel 726-01-001 and unspecified highway commercial uses within the remainder of the zoning area on the north side of the eastern terminus of Laurel Road.
WHEREAS. On December 3, 2014, the City Council adopted Ordinance No 2125, to revise the boundaries of the PUD to include parcels 726-01-001, -006, and -007 in their entirety as shown in EXHIBIT A.
THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The proposed zoning amendment is consistent with the General Plan and any applicable specific plan as provided by Government Code Section 65860.
The proposed zoning amendments are consistent with the City's General Plan, as they support commercial development in alignment with the site's existing Commercial land use designation. The Commercial designation is primarily applied to properties located along arterial roadways west of Highway 101 and along the eastern freeway frontage. This designation is intended to accommodate a broad range of retail and service-oriented uses, including automobile dealerships.
SECTION 2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
The proposed amendment will not introduce hazardous activities or increase risks to public health or safety. Any new development or business will still be subject to building codes, fire codes, and environmental regulations.
SECTION 3. The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the permitted land uses and development will comply with the zoning code and general plan and contribute to the health,
safety, and welfare of the property, surrounding properties, and the community at large.
The site is presently developed with a vehicle sales use and the allowance for additional dealerships within the same area will not be detrimental to the health, safety, and welfare of the property, surrounding properties, and the community at large.
SECTION 4. This ordinance is categorically exempt from environmental review under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. The proposed text amendments are covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 5 The proposed amendment shall apply to those parcels identified by assessor parcel number numbers attached hereto, as EXHIBIT “A”
SECTION 6. The City Council hereby amends the permitted uses of the subject Planned Unit Development (PUD) overlay zone as follows:
Allowable Uses:
Land Uses of the Highway Commercial (CH) Zoning District One motor vehicle sales and service use, to be located on the most easterly parcel in the PUD.
Vehicle Sales and Leasing per (MHMC 18.124.40).
SECTION 7. The request was considered by the Planning Commission at its regular meeting of September 23, 2025, at which time the Planning Commission recommended approval of Zoning Amendment application, ZA2025-0005: Laurel– Honda PUD.
The City Council accepts the recommendation of the Planning Commission.
SECTION 8. Severability. If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.
SECTION 9. Effective Date; Publication. 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
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. xxx, New Series, adopted by the City Council of the City of Morgan Hill, California at their regular meeting held on day of , 2025.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE:
MICHELLE BIGELOW, City Clerk
EXHIBIT A
RESOLUTION NO. 25-12
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF MORGAN HILL
RECOMMENDING APPROVAL OF A ZONING
AMENDMENT FOR AN ORDINANCE
AMENDING THE HIGHWAY COMMERCIAL (CH)
PLANNED UNIT DEVELOPMENT (PUD)
OVERLAY ZONE ON A 25.3-ACRE SITE ON THE
SOUTHWEST CORNER OF CONDIT ROAD AND
DIANA AVENUE (ZA2025-0001 CONDITAUTOPARK) APN’S: 728-17-031, -035, and -036 WHEREAS: this proposed Ordinance (Zoning Amendment ZA2025-0001) was considered by the Planning Commission of the City of Morgan Hill at its regular meeting of September 23, 2025;
WHEREAS: the Planning Commission has reviewed recommendations contained in the September 23, 2025, staff report on this item; WHEREAS, the amendments proposed by this Ordinance are necessary to implement the City’s Economic Development Blueprint.
WHEREAS, this ordinance is categorically exempt from environmental review under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. The proposed text amendments are covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
WHEREAS, testimony received at a duly noticed public hearing, along with exhibits and other materials have been considered in the review process.
NOW, THEREFORE, THE MORGAN HILL PLANNING COMMISSION DOES RESOLVE AS FOLLOWS:
SECTION 1. The proposed zoning amendment is consistent with the General Plan and any applicable specific plan as provided by Government Code Section 65860.
The proposed zoning amendments are consistent with the City's General Plan, as they support commercial development in alignment with the site's existing Commercial land use designation.
SECTION 2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
The amendments support the purpose of the Zoning Code—to implement the General Plan and protect public health, safety, and welfare.
SECTION 3. The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the permitted land uses and development will comply with the zoning code and general plan and contribute to the health, safety, and welfare of the property, surrounding properties, and the community at large.
The site is presently developed with vehicle sales uses and the allowance for additional dealerships within the same area will not be detrimental to the health, safety, and welfare of the property, surrounding properties, and the community at large.
SECTION 4. The Planning Commission hereby recommends approval of Zoning Amendment application ZA2025-0001 to amend the CH (PUD) overlay zoning as shown in the attached ordinance.
PASSED AND ADOPTED THIS 23RD DAY OF SEPTEMBER 2025, AT A REGULAR MEETING OF THE PLANNING COMMISSION BY THE FOLLOWING VOTE:
AYES: COMMISSIONERS: WILSON, HABIB, MUELLER, LAKE, TANDA, DOWNEY
NOES: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LOVATO
ATTEST: APPROVED:
____________________________ ____________________________ JENNA LUNA, Deputy City Clerk JAMES WILSON, Chair
James Wilson (Sep 24, 2025 13:53:02 PDT)
James Wilson Page 232 of 257
Planning Commission Resolution No. 25-12
(Condit PUD - Auto Park)
Final Audit Report 2025-09-24
Created: 2025-09-24
By: Jenna Luna ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA3__j8ZXlsZucqPJTOaxfftP2HpWqIdkO "Planning Commission Resolution No. 25-12 (Condit PUD - Auto Park)" History
Document created by Jenna Luna ([email protected]) 2025-09-24 - 7:10:55 PM GMT
Document emailed to James Wilson ([email protected]) for signature 2025-09-24 - 7:11:00 PM GMT
Email viewed by James Wilson ([email protected]) 2025-09-24 - 8:52:34 PM GMT
Document e-signed by James Wilson ([email protected]) Signature Date: 2025-09-24 - 8:53:02 PM GMT - Time Source: server Agreement completed.
2025-09-24 - 8:53:02 PM GMT
RESOLUTION NO. 25-13
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF MORGAN HILL RECOMMENDING
APPROVAL OF A ZONING AMENDMENT FOR AN
ORDINANCE AMENDING THE DEVELOPMENT
PLAN FOR A PLANNED UNIT DEVELOPMENT
(PUD) ON A 35-ACRE SITE ON THE WEST SIDE OF
CONDIT ROAD BETWEEN EAST DUNNE AVENUE
AND TENNANT AVENUE (ZA 2025-0002 CONDIT -
CONDIT ROAD PD) APN’S: 817-12-001,-003, -004, -
018, -019; 817-13-019, -020, -021, -022, -024, -026, -
027, -029, -030, -031, -032, -033, -034, and -035
WHEREAS: this proposed Ordinance (Zoning Amendment ZA2025-0002) was considered by the Planning Commission of the City of Morgan Hill at its regular meeting of September 23, 2025;
WHEREAS: the Planning Commission has reviewed recommendations contained in the September 23, 2025, staff report on this item; WHEREAS, the amendments proposed by this Ordinance are necessary to implement the City’s Economic Development Blueprint.
WHEREAS, this ordinance is categorically exempt from environmental review under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. The proposed text amendments are covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
WHEREAS, testimony received at a duly noticed public hearing, along with exhibits and other materials have been considered in the review process.
NOW, THEREFORE, THE MORGAN HILL PLANNING COMMISSION DOES RESOLVE AS FOLLOWS:
SECTION 1. The proposed zoning amendment is consistent with the General Plan and any applicable specific plan as provided by Government Code Section 65860.
The proposed zoning amendments are consistent with the City’s General Plan, as they support commercial development in alignment with the site’s existing Commercial land use designation.
SECTION 2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
The proposed PD zoning amendments promote development in keeping with the Commercial General Plan site designations and Economic Development policies that promote economic development.
SECTION 3. The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the permitted land uses and development will comply with the zoning code and general plan and contribute to the health, safety, and welfare of the property, surrounding properties, and the community at large.
The property on the west side of Condit Road, between East Dunne Avenue and Tennat Avenue, is predominantly developed with retail and hotel uses. The proposed amendment will facilitate additional development that will contribute to the health, safety, and welfare of the property, surrounding properties, and the community at large.
SECTION 4. The Planning Commission hereby recommends approval of Zoning Amendment application ZA2025-0002 to amend the CH (PUD) overlay zoning as shown in the attached ordinance.
PASSED AND ADOPTED THIS 23RD DAY OF SEPTEMBER 2025, AT A REGULAR MEETING OF THE PLANNING COMMISSION BY THE FOLLOWING VOTE:
AYES: COMMISSIONERS: WILSON, HABIB, MUELLER, LAKE,
DOWNEY
NOES: COMMISSIONERS: TANDA
ABSTAIN: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LOVATO
ATTEST: APPROVED:
____________________________ ____________________________ JENNA LUNA, Deputy City Clerk JAMES WILSON, Chair
James Wilson (Sep 24, 2025 13:53:54 PDT)
James Wilson Page 235 of 257
Planning Commission Resolution No. 25-13
(ZA2025-0002 Condit Rd - Condit Rd PD)
Final Audit Report 2025-09-24
Created: 2025-09-24
By: Jenna Luna ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAth_RHw7KR0IEa8gcC2i-I5RphT6s5Moz "Planning Commission Resolution No. 25-13 (ZA2025-0002 Con dit Rd - Condit Rd PD)" History
Document created by Jenna Luna ([email protected]) 2025-09-24 - 7:13:15 PM GMT
Document emailed to James Wilson ([email protected]) for signature 2025-09-24 - 7:13:19 PM GMT
Email viewed by James Wilson ([email protected]) 2025-09-24 - 8:53:26 PM GMT
Document e-signed by James Wilson ([email protected]) Signature Date: 2025-09-24 - 8:53:54 PM GMT - Time Source: server Agreement completed.
2025-09-24 - 8:53:54 PM GMT
RESOLUTION NO. 25-11
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF MORGAN HILL
RECOMMENDING APPROVAL OF A ZONING
AMENDMENT FOR AN ORDINANCE
AMENDING THE HIGHWAY COMMERCIAL (CH)
PLANNED UNIT DEVELOPMENT (PUD)
OVERLAY ZONE ON A 9.27 ACRE SITE ON THE
NORTH SIDE OF THE EASTERN TERMINUS OF
LAUREL ROAD (ZA2025-0005 LAUREL –
HONDA) APN’S: 726-01-001, 726-01-006, AND
726-01-007
WHEREAS: this proposed Ordinance (Zoning Amendment ZA2025-0005) was considered by the Planning Commission of the City of Morgan Hill at its regular meeting of September 23, 2025;
WHEREAS: the Planning Commission has reviewed recommendations contained in the September 23, 2025, staff report on this item; WHEREAS, the amendments proposed by this Ordinance are necessary to implement the City’s Economic Development Blueprint.
WHEREAS, this ordinance is categorically exempt from environmental review under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. The proposed text amendments are covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
WHEREAS, testimony received at a duly noticed public hearing, along with exhibits and other materials have been considered in the review process.
NOW, THEREFORE, THE MORGAN HILL PLANNING COMMISSION DOES RESOLVE AS FOLLOWS:
SECTION 1. The proposed zoning amendment is consistent with the General Plan and any applicable specific plan as provided by Government Code Section 65860.
The proposed zoning amendments are consistent with the City's General Plan, as they support commercial development in alignment with the site's
existing Commercial land use designation.
SECTION 2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
The amendments support the purpose of the Zoning Code—to implement the General Plan and protect public health, safety, and welfare.
SECTION 3. The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the permitted land uses and development will comply with the zoning code and general plan and contribute to the health, safety, and welfare of the property, surrounding properties, and the community at large.
The site is presently developed with a vehicle sales use and the allowance for additional dealerships within the same area will not be detrimental to the health, safety, and welfare of the property, surrounding properties, and the community at large.
SECTION 4. The Planning Commission hereby recommends approval of Zoning Amendment application ZA2025-0005 to amend the CH (PUD) overlay zoning as shown in the attached ordinance.
PASSED AND ADOPTED THIS 23RD DAY OF SEPTEMBER 2025, AT A REGULAR MEETING OF THE PLANNING COMMISSION BY THE FOLLOWING VOTE:
AYES: COMMISSIONERS: WILSON, HABIB, MUELLER, LAKE, TANDA, DOWNEY
NOES: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LOVATO
ATTEST: APPROVED:
____________________________ ____________________________ JENNA LUNA, Deputy City Clerk JAMES WILSON, Chair
James Wilson (Sep 24, 2025 13:51:50 PDT)
James Wilson Page 238 of 257
Planning Commission Resolution No. 25-11
(ZA2025-0005 Laurel - Honda PD)
Final Audit Report 2025-09-24
Created: 2025-09-24
By: Jenna Luna ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAjztgx5l40O49njHK6-ylw4zhOnzeWx4z "Planning Commission Resolution No. 25-11 (ZA2025-0005 Laur el - Honda PD)" History
Document created by Jenna Luna ([email protected]) 2025-09-24 - 7:08:29 PM GMT
Document emailed to James Wilson ([email protected]) for signature 2025-09-24 - 7:08:32 PM GMT
Email viewed by James Wilson ([email protected]) 2025-09-24 - 8:51:12 PM GMT
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10 CITY COUNCIL STAFF REPORT
MEETING DATE: November 5, 2025
PREPARED BY:
Jennifer Carman, Development Services Director
APPROVED BY: City Manager
INTRODUCE ORDINANCE TO AMEND THE TENNANT STATION
PLANNED UNIT DEVELOPMENT (PUD) TO MODIFY THE MAXIMUM
SQUARE FOOTAGES ALLOWED FOR THREE MAJOR USES AND
ADD AN ADMINISTRATIVE FUNCTION TO MAKE MINOR CHANGES
TO SQUARE FOOTAGES IN THE FUTURE
RECOMMENDATION(S)
1. Open/close public hearing;
2. Waive first and second reading of the Ordinance; and
3. Introduce Ordinance amending the Tennant Station Planned Unit Development.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Preserving and Cultivating Public Trust
2024-2025 Strategic Priorities
Economic Development and Tourism
Guiding Documents
Morgan Hill 2035 General Plan
REPORT NARRATIVE:
1. Location: Southeast corner of Monterey Road and Tennant Avenue
10 (APN: 817-06-041, -055, -056, -057, and -058)
2. Site Area: 21.88 acres
3. General Plan: Commercial
4. Zoning: General Commercial (CG) and Planned Development (PUD) The applicant, G2 Design Build Inc., requested a 5,000 square foot expansion of the Fitness 19 use at Tennant Station. The expansion area would occupy a former office/retail space at the northwest corner of the building. The language in the existing Planned Unit Development (PUD)/site-specific zoning, included strict square footage limits for three of the larger uses in the shopping center — fitness center, movie theater, and bowling alley—and only allowed changes to these limits with a PUD amendment.
After reviewing the request, staff raised concerns regarding the restrictive nature of this language and the resulting lack of flexibility and costly time and expense to modify the PUD within Tennant Station with every change related to these uses. Staff proposed, and the Planning Commission recommended, the following edits to the original language:
II. ALLOWED USES/GENERAL PROVISIONS
2. The following existing uses shall be allowed in specific locations and sizes shown on Figure 1. Any enlargement or relocation of the following uses shall be reviewed by the Development Services Director for master plan consistency and potential impacts to the center. If an increase to the size of the uses results in impacts to the center, the appropriate permitting process will be required. will require amendment to the PUD.
Bowling Alley 26,525 sq. ft.
Movie Theater 23,009 sq. ft.
Fitness Center 24,708 sq. ft.
The proposed amendment is consistent with the required findings as discussed in the Planning Commission staff report and draft ordinance.
COMMUNITY ENGAGEMENT:
A 10-day public hearing notice was published in the Friday, October 24, 2025, edition of the Morgan Hill Times pursuant to Government Code Section 65090-65096. A notice was also mailed to property owners within 300 feet of the project site.
A 20-day public hearing notice was published in the Friday, September 19, 2025, edition of the Morgan Hill Times pursuant to Government Code Section 65090-65096.
A notice was also mailed to property owners within 300 feet of the project site.
ALTERNATIVE ACTIONS:
City Council could choose to make no changes, or to modify only the square footage for the Fitness Center and allow a 5,000 square foot increase (total 29,708 square feet),
10 while maintaining the original square footage limits for the other uses and not provide the administrative authority for future expansions.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
The City Council adopted Ordinance No. 336 N.S., on January 3, 1973, prezoning 75 acres of property located at the southeast corner of Tennant Avenue and Monterey Road to Planned Unit Development (PUD).
The City Council adopted Ordinance No. 1039 N.S. on August 7, 1991, incorporating a detailed development plan for 21-acres of the site.
The City Council adopted Ordinance No. 1546 N.S. on May 15, 2002, establishing design guidelines for the PUD and amending the precise development plan for the site.
The Planning Commission recommended approval of the proposed ordinance on October 14, 2025.
FISCAL AND RESOURCE IMPACT:
None
CEQA (California Environmental Quality Act):
This ordinance is categorically exempt from environmental review under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. The proposed text amendments are covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
(DRAFT) ORDINANCE NO. , NEW SERIES
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MORGAN HILL AMENDING THE TENNANT
STATION SHOPPING CENTER PLANNED UNIT
DEVELOPMENT (PUD) ON A 21.88 ACRE SITE ON THE
SOUTHEAST CORNER OF MONTEREY ROAD AND
TENNANT AVENUE (AAE2025-0003 TENNANTTENNANT STATION PD) APN’S: 817-06-041, 055, 056, 057, and 058.
WHEREAS. On August 7, 1991, the City Council adopted Ordinance No. 1039, N.S., incorporating a detailed development plan for Tennant Station.
WHEREAS. On May 15, 2002, the City Council adopted Ordinance No 1546 establishing design guidelines for the PUD and amending the precise development plan for the site as shown in EXHIBIT A.
THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The proposed zoning amendment is consistent with the General Plan and any applicable specific plan as provided by Government Code Section 65860.
The proposed zoning amendment is consistent with the City's General Plan, as it supports commercial development in alignment with the site's existing Commercial land use designation.
SECTION 2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
The amendment supports the purpose of the Zoning Code—to implement the General Plan and protect public health, safety, and welfare.
SECTION 3. The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the permitted land uses and development will comply with the zoning code and general plan and contribute to the health,
safety, and welfare of the property, surrounding properties, and the community at large.
The affected site is an existing shopping center and the proposed PUD amendment does not change the use, orientation or size of the center. Future development proposals will be subject to the appropriate level of design review to ensure compliance with the PUD and City guidelines.
SECTION 4. This ordinance is categorically exempt from environmental review under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. The proposed text amendments are covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 5. The City Council hereby amends the Section II of the subject Planned Unit Development (PUD) overlay zone as follows:
II. ALLOWED USES/GENERAL PROVISIONS
2. The following existing uses shall be allowed in specific locations and sizes shown on Figure 1. Any enlargement or relocation of the following uses shall be reviewed by the Development Services Director for master plan consistency and potential impacts to the center. If an increase to the size of the uses results in impacts to the center, the appropriate permitting process will be required. will require amendment to the PUD.
Bowling Alley 26,525 sq. ft.
Movie Theater 23,009 sq. ft.
Fitness Center 24,708 sq. ft.
SECTION 6. The request was considered by the Planning Commission at its regular meeting of October 14, 2025, at which time the Planning Commission recommended approval of Zoning Amendment application, AAE2025-0003: Tennant – Tennant Station PUD. The City Council accepts the recommendation of the Planning Commission.
SECTION 7. Severability. If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.
SECTION 8. Effective Date; Publication. 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
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. xxx, New Series, adopted by the City Council of the City of Morgan Hill, California at their regular meeting held on day of , 2025.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE:
MICHELLE BIGELOW, City Clerk
EXHIBIT A
Item 3
Attachment 3