Morgan Hill City Council
October 21, 2026

City of Morgan Hill and Page 5 of 5
County of Santa Clara
RHNA Transfer Agreement ([_______])
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective governing bodies on the dates set forth opposite their signatures.

CITY OF MORGAN HILL
By: __________________________________
Name:

City Manager

COUNTY OF SANTA CLARA
By: ____________________________________
________________ Date
Name:

Title:

Attest:

By: __________________________________
Name:

City Clerk
Approved as to form and legality:

By: __________________________________
Name:

City Attorney
Approved as to form and legality:

By: ____________________________________
MIRIAM SONDAG Date
Deputy County Counsel

9 CITY COUNCIL STAFF REPORT
MEETING DATE: October 21, 2026
PREPARED BY:

Tiffany Brown, Senior Planner
APPROVED BY: City Manager

CERTIFY THE ENVIRONMENTAL IMPACT REPORT, ADOPT FINDINGS

OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS AND

APPROVE VESTING TENTATIVE SUBDIVISION MAP AND DESIGN
REVIEW PERMIT TO SUBDIVIDE AND CONSTRUCT 105 RESIDENTIAL

LOTS WITH ASSOCIATED INTERIOR STREETS, COMMON OPEN

SPACE AREAS, AND OFF-SITE IMPROVEMENTS

RECOMMENDATION(S)

1. Open/close public hearing;

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

3. Adopt a Resolution approving a Vesting Tentative Subdivision Map to subdivide a 15.8-acre site into 114 lots with 105 of them for residential use; and

4. Adopt a Resolution approving a Design Review Permit to allow for the construction of 105 single-family detached units with associated interior streets and common open spaces.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
Enhancing Diversity and Inclusiveness
Strategic Priorities 2026-2027
Affordable Housing and Homelessness
Guiding Documents
Morgan Hill Municipal Code
REPORT NARRATIVE:

Background
On October 10, 2023, a Preliminary SB330 Vesting Tentative Subdivision Map and Design Permit application (PRE2023-0010) was submitted to the Development Services Department in the form of a Builders Remedy Application for the 15.8-acre site located

9 south of Cochrane Road adjacent to the west side of DePaul Drive (APN:728-31-022).

The General Plan and Zoning Ordinance designate the site as Commercial/Commercial Office. While the City Council adopted the Housing Element prior to the project submittal, the City received direction from the California Department of Housing (HCD) to process the application as HCD had not finalized their review and certification of the City's Housing Element. Staff processed the preliminary application and accepted the formal Vesting Tentative Map and Design Permit applications on April 2, 2024. Mindful of permitting delay, expense, and uncertainty of litigation, the parties agreed to terms and conditions that are outlined in a settlement agreement between the applicant and the City that was executed on October 15, 2025 (Settlement Agreement). In accordance with the settlement agreement, the following commitments are required:
• Processing of Lot Line Adjustment - The developer processed a lot line adjustment to reconfigure the three parcels to one 7.83-acre parcel on the southwest corner of Cochrane Road and DePaul Drive, a 4.72- acre parcel, and the

15.8-acre parcel known as the project site. This has been completed and recorded.
• Reserve Development of Commercial - The 7.83 acres will remain as commercial, now known as Poppy Ranch commercial shopping center. • Land Conveyance - The adjacent property totaling 4.72 acres to the south of the commercial development will be conveyed to the City and earmarked for affordable housing units that may be incorporated within a mixed-use product. • Residential Development - Allows for the development of 105 market-rate singlefamily project on the remaining 15.8-acre site in accordance with Builders Remedy. Development shall not be required to comply with zoning code requirements and may use their best efforts to comply with the City's Objective criteria. The developer shall pay the City an in-lieu fee in the amount of $23.18 per square foot of livable square footage of the single-family residential development to fully satisfy any City inclusionary housing requirements applicable to the project.
• Economic Contribution - The Developer shall contribute $500,000 to the Housing fund to help facilitate development of the 4.72-acre parcel for affordable housing. • Detention Basin - As part of the 15.8-acre residential project by High Street No.

Cal. Development Inc., the Developer shall provide approximately 2.2-acres of detention basin storage within the planned detention basin area for storm water detention to serve the land conveyed to the City, the Hospital facility across DePaul Drive, and the Cochrane Tech Center industrial project.

Project Request:

The proposed project includes a Vesting Tentative Map that proposes subdividing the

15.8-acre project site into 114 lots and a Design Permit to allow for the construction of 105 detached single-family residences with remaining lots for private streets and common open spaces. Each residential unit is designed as two stories, ranging between 26 and 30 feet in height. Each single-family home includes a two-car garage, with 158 on-street parking spaces available for guests.

9 The project includes two common open space parks. One park is a 0.22-acre area fenced in for dog park. The park includes benches, and a trash station. The other park is a 0.27-acre space located on the southern portion of the project site and includes a recreation lawn area, a covered picnic area, a play zone for children aged 2-5 years and 5-12 years old, a fitness station, bench seating area, and a bike rack with bike fixing station.

Site access would be provided by two new driveways off of DePaul Drive to the east and a new internal roadway system. The project would require the approval of a Vesting Tentative Map and Design Review.

Project Consistency with Municipal Code
Qualifying projects applying under Builders Remedy are allowed to bypass local General Plan and zoning Ordinance consistencies. Per the settlement agreement, the project will still strive to meet the objective criteria, also known as the Residential Development Design and Development Standards, but the project does not waive the right to apply for concessions and waivers per Density Bonus Law. The proposed project was analyzed with respect to conformance with: 1) Subdivision Ordinance; 2) Residential Development Design and Development Standards; and 3) Inclusionary Housing Ordinance:

1. Subdivision Ordinance
The purpose of the Subdivision Ordinance is to regulate and control the division of land within the City concerning design, improvement and survey data of subdivisions, including adequate vehicular circulation. In approving or conditionally approving a Tentative Subdivision Map, the Council shall find the following:

Finding
a. The proposed subdivision, together with its provision for its design and improvements, is consistent the General Plan, Zoning Ordinance, and Subdivision Map Ordinance.

As a Builders Remedy application, it is automatically found to be consistent with the City General Plan and Zoning Ordinance. The Tentative map proposes subdividing the

15.8-acre project site into 114 lots, of which 105 lots will be utilized for detached singlefamily residences and the remaining lots for private streets and common open spaces.

All street widths and access points meet City Standards for fire and safety.

2. Residential Development Design and Development Standards The purpose of the Residential Development Design and Development Standards is to achieve high quality, residential projects that are aesthetically pleasing, livable, and sustainable and well-connected. This section of the report summarizes the project's consistency with the applicable Residential Development Design and Development Standards. The project proposes 105 detached, two-story single-family homes with a modern farmhouse architectural style. Where feasible, units and front porches face

9 external and internal streets, and buildings maintain the required distance/clearance (vision triangle) safety requires. Internal streets are designed as complete streets with landscaped internal pedestrian connections and continuous sidewalks. The project includes decorative pavement designs at key intersections. Each unit will have a twocar garage with additional on-street parking provided along Street A through Street E.

Not all units include driveways. The garage space counts toward providing covered and secured bicycle storage. As conditioned, the project is required to provide Electric Vehicle Charging Stations.

To ensure interest and variety in housing types, the project incorporates four plan types with three color pallets, each pallet utilizing variations in materials and building rooflines.

The units range from 2,147 square feet to 2,615 square feet and provide 360-degree architecture that utilizes more than two materials and window treatments such as:
stucco, fiber cement lap siding, or board and batten siding. Accents include stone veneer and foam trim around the vinyl windows. All houses will include exterior lighting such as wall-mounted lights that direct down to avoid glare.

The standards require each unit to maintain 60-square feet of private open space. Each unit provides 60+ square feet of private open space in the form of a yard, porch, and/or patio. The project as a whole is required to provide 14,700 square feet of common open space. Between both parks, the project exceeds this requirement by providing 21,344 square feet of common open space. The project has provided the amount of onsite recreation amenities required per the standards to serve the new residents. The project meets the landscaping requirements and, as conditioned, will meet the water conservation and landscaping ordinance. Existing non-native trees are located along Cochrane Road and the Madrone Channel Trail, which is located along the western boundary of the project site. As conditioned, the project will be required to apply for a tree removal permit with an arborist report analyzing the existing trees and recommended replacements consistent with the Municipal code.

Property fencing and walls are all designed of solid material when screening equipment or a backyard. Ground-mounted equipment and utilities will all be screened with landscaping. All new utility distribution and service connections are placed underground.

A noise study was provided and concluded that sound walls will not be required to mitigate noise. Additionally, an updated noise study will be required at the time of building permit submittal to verify if any additional noise mitigation such as dual pain windows would be required.

As conditioned and designed, the development will meet all Building, Fire, and Safety codes.

Design Permit
While a Design Permit falls under the purview of the Planning Commission for residential development of more than 100 units, the project EIR with overriding considerations requires the review and approval of the City Council. Therefore, all permits related are elevated to the City Council for final action. To approve a Design Permit, the following findings shall be made:

9 Findings
a. The proposed project is consistent with the General Plan and any applicable Specific Plan, Area
Plan, or other design policies and regulations adopted by the City Council.

Per Government Code Section 65589.5(d)(5), the project does not have to be consistent with the
General Plan.
b. The proposed project complies with all applicable provisions of the zoning code and municipal
code.

The project site is zoned Office Commercial. Per Government Code Section 65589.5(d)(5), the project does not have to be consistent with the zoning code.

The project as conditioned will meet the Zoning Code, Building Code, Fire Prevention Code, Residential Development Design and Design Standards and Engineering Standards.
c. The proposed project complies with all applicable design standards and guidelines contained in the design review handbook.

Per Government Code Section 65589.5(d)(5), the project is not required to be consistent with the Design Review handbook as the handbook includes subjective - not objective criteria. However, the project has been reviewed for compliance with the Residential Development Design and Design Standards and is found in compliance as conditioned.
d. The proposed project has been reviewed in compliance with the California Environmental Quality
Act (CEQA).

An Initial Sutdy and Environmental Impact Report (S/EIR) was prepared for the project in compliance with the CEQA. The EIR identified impacts that can be reduced to a less than significant level with the implementation of mitigation.

Each potential impact that has been reduced to a less than significant level is summarized in the Mitigation Monitoring and Reporting Program (MMRP) that is attached to this staff report.

The EIR also identified significant and unavoidable environmental effects that cannot be reduced to a less-than-significant level through incorporation of mitigation measures. The Draft IS/EIR concludes the significant impacts identified in this section, and based upon substantial evidence in the record, feasible changes or alterations to the project that would avoid or reduce the significant effects to a less-than-significant level, as identified in the EIR, do not exist. Pursuant to PRC Section 21081(b) and as discussed within Section I (Statement of Overriding Considerations) of the Resolution, the City may elect to approve the proposed project for the specific overriding economic, legal, social, and other benefits of the project that outweigh the significant and unavoidable

9 impacts.
e. The proposed development will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity.

The project and circulation were designed to City standards where feasible. The project will comply with stormwater and building code requirements and therefore will not be detrimental to the public health, safety, or welfare, and will not be materially injurious to the properties or improvements in the vicinity as identified in the Phase 1 Study for the site.
f. The proposed project complies with all applicable design review criteria in Subsection H - Design Review Criteria in Chapter 18.108.040 for Design Permits.

Per Government Code Section 65589.5(d)(5), the project does not have to be consistent with the Design Review criteria as it is subjective. g. For new residential development, the project complies with commitments made through the residential development control system (RDCS).

Commitment requires of RDCS are suspended as a response to Government Code Section 63000, the "Housing Crisis Act of 2019"

3. Inclusionary Housing Ordinance (IHO)
The purpose of the IHO is to further the City's efforts to require housing available for extremely low- income, very low-income, and moderate-income households by requiring builders of new market- rate housing to include affordable housing units within their projects. The Housing Element of the General Plan implements the established policy of the State of California that each community should foster an adequate supply of housing for persons at all economic levels.

Because this is a settlement agreement, in addition to meeting the City's IHO, the project is required to dedicate land and provide a financial contribution to advance the City's affordable housing production. Per the settlement agreement, the project is required to (1) pay the in-lieu fee of $23.18 per square foot of livable square footage of the required IHO obligation, which is 15% of the total number of units, (2) contribute $500,000 to the City's Housing Fund and (3) transfer 4.72-acres located to the north of the project site to the City for affordable housing.

CONCLUSION:

Residential development was not envisioned for this project site. Government Code Section 65589.5(d)(5) allows the site to be built as residential. Consistent with the settlement agreement, the project as designed and conditioned with required mitigation measures as summarized in the MMRP mitigate project impacts and require the project to comply with City Residential Development Design and Development Standards where feasible. The Findings of Significance and the Statement of Overriding Considerations have been included as an attachment to the EIR Resolution for recommendation to Council.

9 COMMUNITY ENGAGEMENT:

Inform
Project Applications - A project webpage was created on the Morgan Hill website after receipt of the application. The project was publicly noticed (mailed to property owners within 600-feet of the project site and newspaper legal notice) for the minimum 10-day period and a public notice sign was posted at the property pursuant to the Planning Division requirements.

Project Environmental Analysis
• On February 3, 2026, a Notice of Preparation was circulated for a 30-day public comment period.
• On March 5, 2026, a Scoping Hearing was held to gather community feedback on the existing setting of the site.
• On May 29, 2026, a 60-day comment period for the draft EIR with Mitigation Monitoring and Reporting Program (MMRP).
• On June 16, 2026, a Community Open House meeting to provide an opportunity for the public to discuss the project and submit verbal comments on the Draft Environmental Impact Report.

ALTERNATIVE ACTIONS:

Deny the Resolution certifying the Environmental Impact Report and Deny the Resolutions to approve the Vesting Tenatative Subdivision Map with Design Permit.

Denial of a qualifying Builders Remedy application would violate the California's Housing Accountability Act (HAA) under Government Code Section 65589.5(d) and, for this project, would go against the settlement agreement.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The applications were reviewed at the October 13, 2026, Planning Commission meeting with an unanimous recommendation of approval of the proposed project; a vote of 7, 0,

0. FISCAL AND RESOURCE IMPACT:

City development review functions are cost-recovery, with fees collected from the applicants to cover the cost of services. These fees have been collected.

CEQA (California Environmental Quality Act):

An Initial Study was prepared for the project which determined that the content of an Environmental Impact Report (EIR) for this project focuses on areas of potential significance in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. Those areas were: Agricultural Resources, Air Quality and Greenhouse Gas Emissions, Noise, and Transportation.

9 CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to avoid or mitigate significant environmental impacts that will otherwise occur with implementation of the project. Project mitigation or alternatives are not required, however, where they are infeasible or where the responsibility for modifying the project lies with another agency. For those significant effects that cannot be mitigated to a lessthan-significant level, the public agency is required to find that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment.

The EIR identified impacts that can be reduced to a less than significant level with the implementation of mitigation. Each potential impact that has been reduced to a less than significant level is summarized in the Mitigation Monitoring and Reporting Program (MMRP) that is attached to this staff report.

SIGNIFICANT AND UNAVOIDABLE IMPACTS IDENTIFIED IN THE EIR The EIR also identified significant and unavoidable environmental effects that cannot be reduced to a less-than-significant level through incorporation of mitigation measures.

The Draft IS/EIR concludes the significant impacts identified in this section and based upon substantial evidence in the record, feasible changes or alterations to the project that would avoid or reduce the significant effects to a less-than-significant level, as identified in the EIR, do not exist. Pursuant to PRC Section 21081(b) and as discussed within Section I (Statement of Overriding Considerations) below, the City may elect to approve the proposed project for the specific overriding economic, legal, social, and other benefits of the project that outweigh the significant and unavoidable impacts.

The identified significant and unavoidable impacts are as follows:

Agricultural Resources
Impact 4.1-1: Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use. Even with the implementation of Mitigation Measure 4.1-1, the identified impact would be significant and unavoidable.

4.1-1 Prior to final subdivision map approval, the project applicant shall either set aside in perpetuity, at a minimum ratio of 1:1 of active agricultural acreage, an amount equal to the total project site acreage or pay an agricultural preservation in-lieu fee to the City.

In addition to land acquisition/dedication or payment of the agricultural preservation inlieu fee, the project applicant shall pay an agricultural lands preservation program surcharge fee on a per-acre basis. If the applicant chooses to set aside active agricultural acreage, the lands to be used as agricultural mitigation shall conform to the definitions for agricultural mitigation land and/or open agricultural land as defined in Section 18.152.030 of the Morgan Hill Municipal Code, and shall meet the following criteria:

9 A. Agricultural conservation easements shall be acquired from willing sellers only; eminent domain shall not be used to acquire lands for conservation; B. The property is of adequate size, configuration and location to be viable for continued agricultural use;
C. The land shall have access to an adequate water supply to maintain the purposes of the easement (i.e., to irrigate farmland if the converted farmland is irrigated or capable of irrigation). The water supply shall be sufficient to support ongoing agricultural uses, and the water rights on the agricultural mitigation land shall be protected in the agricultural conservation easement; D. Other considerations for appropriate conserved agricultural lands include: soil type, parcel size, existing irrigation supplies, strong agricultural production history, proximity to agricultural infrastructure, proximity to the first point of processing, uses on surrounding lands, and proximity to urban areas now and into the foreseeable future;
E. The mitigation land shall be located within Santa Clara County; and F. The mitigation land may not overlap with land being acquired as habitat mitigation by the Santa Clara Valley Habitat Agency.

G. The location and amount of active agricultural acreage shall be subject to review and approval by the City of Morgan Hill Planning Division. Proof of payment of the agricultural lands preservation program surcharge fee and/or the agricultural preservation in-lieu fee shall be submitted to the City of Morgan Hill Planning Division.

Finding: For environmental review purposes under CEQA, only the categories of Prime Farmland, Farmland of Statewide Importance, and Unique Farmland constitute “agricultural land.” The project site contains 10.8 acres of Unique Farmland, which would be converted to non-agricultural uses by the development of the proposed project and, thus, a significant impact would occur. Implementation of Mitigation Measure 4.1-1 would require the project applicant to either set an amount of acreage aside in perpetuity or pay an agricultural preservation in-lieu fee to the City, as well as pay an agricultural lands preservation program surcharge fee. While Mitigation Measure 4.1-1 would preserve Farmland acreage elsewhere, that preservation would not create new Farmland. As such, the proposed project would lead to an overall loss of Farmland, and the impact would remain significant and unavoidable.

Impact 4.1-3: Involve changes in the existing environment which, due to their location or nature, could cumulatively result in loss of Farmland to non-agricultural use. Even with the implementation of Mitigation Measure 4.1-3, the identified impact would be cumulatively considerable and significant and unavoidable.

4.1-3 Implement Mitigation Measure 4.1-1.

Finding: The geographic scope for the cumulative agricultural resources analysis includes development of the proposed project in conjunction with buildout of the City’s General Plan. The City’s General Plan EIR determined that buildout of the General Plan would convert an estimated 1,125 acres of Farmland to non-agricultural uses, including the project site. As discussed above, the 10.8 acres of Unique Farmland on the project

9 site would be converted to non-agricultural uses by the proposed project and, thus, a significant and unavoidable impact would occur. Development facilitated by buildout of the City’s General Plan in conjunction with the proposed project, as well as other present and/or probable future projects, would result in a significant impact related to the conversion of Farmland to non-agricultural uses. Although Mitigation Measure 4.1-1 would partially mitigate for the loss of Farmland by requiring the project applicant to either set aside active agricultural acreage in perpetuity or pay an agricultural preservation in-lieu fee to the City, the proposed project would still lead to an overall loss of Farmland. Thus, the incremental contribution of the proposed project to the significant cumulative impact related to the loss of Farmland would be cumulatively considerable and the identified impact would remain significant and unavoidable.

Air Quality and Greenhouse Gas Emissions
Impact 4.2-6: Generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment, or conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. Even with the implementation of Mitigation Measure 4.2-6, the identified impact would be cumulatively considerable and significant and unavoidable.

4.2-6 Implement Mitigation Measure 4.4-3.

Finding: According to the BAAD thresholds of significance, a project must either include specific project design elements related to buildings and transportation or be consistent with a local GHG reduction strategy that meets the criteria under State CEQA Guidelines Section 15183.5(b). Because the City’s Climate Action Plan (CAP) does not meet the criteria under CEQA Guidelines Section 15183.5(b), the proposed project was evaluated for consistency with the BAAD’s Buildings and Transportation criteria. The proposed project has the potential to conflict with Transportation criterion c., related to achieving a reduction in project-generated VMT below the regional average consistent with the current version of the California Climate Change Scoping Plan (currently 15 percent) or meet a locally adopted VMT target. The proposed project is estimated to generate 30.47 daily VMT per resident, which would exceed the VMT of 24.64 per resident threshold of significance. Therefore, without mitigation, the proposed project could conflict with Transportation criterion c. Mitigation Measure 4.2-6 would reduce project-generated VMT, but not to a level that would achieve the City’s residential VMT per capita threshold of significance. Therefore, even with implementation of Mitigation Measure 4.2-6, the proposed project could generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment, or conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs, and the identified impact would be cumulatively considerable and significant and unavoidable.

Transportation
Impact 4.4-3: Conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). Even with the implementation of Mitigation Measure 4.4-3, the identified

9 impact would be significant and unavoidable.

4.4-3 Prior to occupancy of the first residential unit associated with the proposed project, the project applicant shall implement TDM strategies to reduce the number of vehicle trips that would be generated by the proposed project, subject to review and approval by the City Engineer. The TDM strategies shall include, but are not necessarily be limited to, the following programs:

School Pool Program – The project applicant shall organize a program that matches families in carpools for school pick-up and drop-off. The school pool program would be open to all families in the development. The program shall be subject to negotiations with the City and schools serving the project site.

Implement Bike Sharing Program – The proposed project shall dedicate space for or provide subsidies to a bike sharing system, including a bike share station, ideally one with high penetration in a larger area (e.g., Bay Wheels).

Voluntary Travel Behavior Change Program – The proposed project shall provide a program that targets individual attitudes towards travel and would provide tools for individuals to analyze and alter their travel behavior. The program could include, but is not necessarily related to, mass communication campaigns and travel feedback programs such as travel diaries or feedback on calories burned from activities and travel.

Finding: The project-generated VMT per capita would be 30.47, which would exceed the City’s impact threshold of 24.64 VMT per capita. A 19 percent reduction in VMT per capita would need to be achieved to generate VMT at a level equal to or below the City’s significance threshold. Therefore, without mitigation, the proposed project could conflict with CEQA Guidelines Section 15064.3(b). Mitigation Measure 4.4-3 would require the project to incorporate transportation demand management (TDM) strategies to reduce project-generated VMT. However, the maximum reduction possible with implementation of Mitigation Measure 4.4-3 would be 13.6 percent, which would reduce the project VMT per capita to 26.32. According to the Transportation Analysis, further reductions are not likely feasible due to the limited alternative modes of transportation and supporting employment land uses within the City. Therefore, even with implementation of Mitigation Measure 4.4-3, the proposed project could conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b) and the identified impact would be significant and unavoidable.

RESOLUTION NO. 26-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL CERTIFYING THE FINAL

ENVIRONMENTAL IMPACT REPORT FOR THE DEPAUL

RESIDENCES PROJECT AS CONSISTENT WITH THE

REQUIREMENTS OF THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT AND ADOPTING

CEQA FINDINGS OF FACT AND STATEMENT OF

OVERRIDING CONSIDERATIONS REGARDING

ENVIRONMENTAL IMPACTS AND A RELATED

MITIGATION MONITORING AND REPORTING

PROGRAM
WHEREAS, an Environmental Impact Report (EIR) (State Clearinghouse [SCH] Number 2026020243) was prepared for the DePaul Residences Project (proposed project) in accordance with the California Environmental Quality Act (CEQA). The EIR identifies potentially significant impacts associated with the proposed project, as well as applicable mitigation measures that would be required to be implemented as part of the proposed project. A Notice of Preparation (NOP) and an Initial Study were circulated between February 6, 2026, and March 9, 2026, to receive comments regarding the scope and content of the Draft EIR. The Draft EIR was circulated between May 29, 2026, and July 13, 2026; and WHEREAS, the City of Morgan Hill received comments on the Draft EIR from two public agencies. Responses to those comments were included in a Final EIR document in accordance with the requirements of CEQA; and
WHEREAS, the information contained in the Final EIR, consisting of the Draft EIR document in combination with the Final EIR document, was reviewed and considered by the Planning Commission at a duly-noticed Planning Commission public hearing held on October 13, 2026; and the Planning Commission took action to recommend to the City Council that the Final EIR be certified as being found complete, correct, and in substantial compliance with the requirements of CEQA; and
WHEREAS, the Draft EIR concluded that implementation of the proposed project could result in significant effects on the environment and identified mitigation measures that would reduce a number of the identified significant effects to a less-than-significant level. The Draft EIR also identified significant impacts associated with the proposed project that could not be eliminated or reduced to a less-than-significant level by mitigations imposed by the City; and WHEREAS, in connection with the approval of a project involving the preparation of an EIR that identifies one or more significant environmental effects, CEQA requires the decisionmaking body of the lead agency to incorporate feasible mitigation measures that would reduce those significant environmental effects to a less-than-significant level and adopt Findings of Fact; and

City of Morgan Hill
Resolution No. 26-XXX

WHEREAS, in connection with the approval of a project for which significant impacts are infeasible to avoid or substantially lessen, a public agency may nevertheless approve the project if the agency first adopts a Statement of Overriding Considerations setting forth the specific reasons that the project’s benefits outweigh its significant unavoidable adverse environmental effects; and
WHEREAS, whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA also requires a lead agency to adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation, and such a mitigation monitoring and reporting program has been prepared for the proposed project for consideration by the decisionmaker of the City of Morgan Hill as lead agency for the proposed project (the “Mitigation Monitoring and Reporting Program”); and
WHEREAS, the City of Morgan Hill is the lead agency for the proposed project, and the City Council is the decision-making body for the proposed approval to construct and otherwise undertake the proposed project; and
WHEREAS, the EIR and the related Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the project are, by this reference, incorporated into this Resolution as if fully set forth herein; and WHEREAS, the EIR, related Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the proposed project are on file in the Development Services Department located at 17575 Peak Avenue, Morgan Hill, California, 95037, and are available for inspection by any interested person at that location.

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

SECTION 1: FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS BY THE CITY COUNCIL OF THE CITY OF

MORGAN HILL REGARDING THE FINAL ENVIRONMENTAL
IMPACT REPORT FOR THE DEPAUL RESIDENCES PROJECT: The
City Council finds, determines, and declares the Findings of Fact and Statement of Overriding Considerations as set forth in the attached Exhibit "A" by this reference incorporated herein.

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

PASSED AND ADOPTED by the City Council of the City of Morgan Hill at its meeting held on this 21st day of October 2026 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
 CERTIFICATION 
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 26-XXX adopted by the City Council at the meeting held on the 21st day of October 2026.

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

DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

City of Morgan Hill
Resolution No. 26-XXX

EXHIBIT "A"

FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS BY

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

ENVIRONMENTAL IMPACT REPORT FOR THE DEPAUL RESIDENCES
PROJECT (State Clearinghouse No. 2026020243)
The following Findings, Statement of Overriding Considerations, the mitigation measures specified herein, and the Mitigation Monitoring and Reporting Program (MMRP) attached hereto are hereby adopted by the Morgan Hill City Council in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Sections 21081, 21081.5 and 21081.6, and the CEQA Guidelines, Title 14, California Code of Regulations, Sections 15091 and 15092 for the DePaul Residences Project (proposed project).

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

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

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

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other benefits of the project outweigh the significant effects on the environment. The CEQA Guidelines state in Section 15093 that:
“If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered ‘acceptable.”
The project would result in significant and unavoidable impacts related to the conversion of farmland and the cumulative loss of farmland, as well as impacts related to vehicle miles traveled (VMT) and greenhouse gas (GHG) emissions. Thus, a Statement of Overriding Considerations is included herein.

A. ENVIRONMENTAL REVIEW PROCESS
The EIR prepared by the City of Morgan Hill for the proposed project consists of the Draft EIR and the Final EIR.

On February 6, 2026, the City of Morgan Hill circulated an NOP and an Initial Study for a 30- day comment period to request input on the scope of the EIR. The Draft EIR was made available for public review for a 45-day comment period that began on May 29, 2026 and ended on July 13, 2026. The Notice of Availability of a Draft EIR was posted with the Santa Clara County Clerk, sent to the State Clearinghouse, published on the City’s website, and mailed to local agencies and interested members of the public. The City of Morgan Hill received a total of two written comment letters during the Draft EIR public comment period, as well as verbal comments from one commenter at the virtual Draft EIR comment meeting held by the Morgan Hill Development Services Department via Zoom on June 16, 2026.

The City released the Final EIR for public review on September 2, 2026. The Final EIR consists of copies of all comments received on the Draft EIR, a summary of the verbal comments received on the Draft EIR, a list of commenters, all responses to comments, revisions to the Draft EIR made in response to the comments, and the MMRP. The Final EIR, Draft EIR, Initial Study, and MMRP together comprise the EIR for the project. The analysis and conclusions contained in the EIR reflect the independent judgment of the City.

B. PROJECT DESCRIPTION
Chapter 3 of the Draft EIR includes a detailed description of the project. Significant revisions to the project description related to the project components or design (i.e., changes that would affect the environmental analysis) were not required.

The approximately 15.8-acre project site, identified as portions of Assessor’s Parcel Numbers (APNs) 728-31-022 (previously 728-31-017 and -019), is located south of the intersection of Cochrane Road and DePaul Drive, in the City of Morgan Hill, California. The project site currently consists of an undeveloped vacant field with a driveway off of Cochrane Road and an unpaved private roadway that encircles the eastern portion of the project site. An existing fivePage 197 of 420 City of Morgan Hill
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foot wide planting strip is located along the project frontage of DePaul Drive, which includes existing bioretention planters designed to mitigate runoff from the Cochrane Technology Center development to the south of the project site. An existing stormwater detention pond with a 30- inch outfall to the Madrone Channel, currently serving the Cochrane Technology Center to the south of the project site, is located in the southern portion of the project site. Existing non-native trees are located along Cochrane Road and the Madrone Channel Trail, which is located along the western boundary of the project site. The project site was used in 2018 as a tree nursery to store mature trees in wooden boxes.

The proposed project would include subdivision of the project site into 114 lots that would be developed with 105 detached single-family residences. Lots 1 through 105 would each include one single-family detached residential unit, with lot sizes ranging from approximately 0.06-acre to 0.15-acre. In addition, subdivision of the project site would include Lots A through I, which would include new internal roadways, associated utility improvements, open space, and landscaping. Site access would be provided by two new driveways from DePaul Drive to the east, which would connect to a new internal roadway system. Each residential unit would include a two-car garage, which would include one Level 2 electric vehicle (EV) Ready space and one Level 1 EV Ready space. A total of 158 on-street guest parking spaces would be provided along internal roadways. Lot F in the western portion of the project site would include 0.22-acre of common space, which would include a fenced dog park, and Lot G in the southern portion of the project site would include 0.27-acre of common open space. The open space area would include a recreation lawn, a picnic area, a play zone for children aged two to 12 years old, and a fitness station. New landscaping would be provided throughout the project site, adjacent to the proposed structures and along internal drive aisles and site perimeters; the total landscape area would be approximately 147,865 square feet.

The proposed project would also convey 4.719 acres of land to the north of project site to the City. The City shall use the dedicated land to construct affordable housing units in a mixed-use or other kind of housing development to be determined at a later date.

The applicant also submitted a formal Senate Bill (SB) 330 application for the project site and has invoked Builder’s Remedy. Based on a provision of California’s Housing Accountability Act, Builder’s Remedy prevents jurisdictions without a substantially compliant Housing Element from denying or reducing an eligible housing project on the basis that the project does not comply with the jurisdiction’s general plan or zoning ordinance. While the City’s 2023-2031 Housing Element was certified by the California Department of Housing and Community Development (HCD) on November 29, 2023, and the City is no longer subject to Builder's Remedy, the SB 330 application for the proposed project was received by the City prior to certification of the Housing Element. As such, a General Plan Amendment or Rezone is not required for the proposed project.

The project objectives are to:

1. Redevelop an underutilized vacant site at the gateway to the City to improve the vitality of the Cochrane Road corridor.

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2. Provide high quality single family residential housing to the City.

3. Dedicate approximately 4.779 acres to the north of the project site to the City of Morgan Hill for the construction of affordable housing units and to further the City’s Affirmatively Furthering Fair Housing goals.

4. Construct a project that incorporates modern design while ensuring building design complies with the City’s applicable objective development and design standards.

5. Include frontage improvements incorporating new drive entries and landscaping.

6. Include on-site roadway improvements including loop road, on-site access roads, sidewalks, landscaping, neighborhood open space, and lighting to provide neighborhood atmosphere.

7. Meet California Green Building Standards Code (CALGreen) standard optimizing efficient use of energy, water, and building materials.

8. Locate the project near existing transit corridors, bicycle infrastructure, and traffic arterials.

9. Ensure a sustainable construction operation.

10. Establish pedestrian- and bicycle-oriented connections with the area.

The proposed project would require the following approvals:
• Vesting Tentative Map to subdivide the project site into 114 lots that would be developed with 105 market-rate, single-family residences; and • Design Review to allow the City to review all development, signs, buildings, structures, and other facilities in order to further enhance the City’s appearance, and the livability and usefulness of properties.

A Lot Line Adjustment over APNs 728-31-014, 728-31-015, and 728-31-016 was processed separately and was finalized and recorded on November 21, 2025 formalizing the new project site APN as 728-31-022.

C. SIGNIFICANT IMPACTS IDENTIFIED IN THE EIR THAT ARE REDUCED TO A LEVEL OF “LESS THAN SIGNIFICANT” BY THE MITIGATION MEASURES INCORPORATED

INTO THE PROJECT
The following findings are hereby made by the City of Morgan Hill City Council for the significant environmental effects identified in the EIR that would be reduced to a less-thansignificant level through incorporation of mitigation measures. The City finds for each of the significant or potentially significant impacts identified in this section, that based upon substantial evidence in the record, changes or alterations have been required or incorporated into the project which avoid or substantially lessen the significant effects as identified in the EIR. Adoption of the mitigation measures set forth below will reduce these significant or potentially significant effects to less-than-significant levels and will effectively make the mitigation measures part of the project. In addition, compliance with City laws and other applicable regulations will further reduce project impacts. Therefore, the City finds that based upon substantial evidence in the record, changes or alterations have been required or incorporated into the project which avoid or substantially lessen the significant effects as identified in the EIR.

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

Air Quality and Greenhouse Gas Emissions
Impact 4.2-3: Expose sensitive receptors to substantial pollutant concentrations. With the implementation of Mitigation Measure 4.2-3, the identified impact would be reduced to less than significant.

4.2-3 Implement Mitigation Measure IX-1 included in the Initial Study prepared for the proposed project.

Finding: According to the Phase I Environmental Site Assessment (ESA) prepared for the Initial Study associated with the proposed project, the on-site soils contain serpentine pebbles with naturally occurring asbestos (NOA) at concentrations greater than one percent (the applicable threshold of significance established by Section 11-2-303 of the Bay Area Air District [BAAD] Regulation 11, Rule 2 related to hazardous pollutants). Thus, the Phase I ESA concluded that, based on the presence of NOA and the size of the project site, a site-specific Asbestos Dust Mitigation Plan (ADMP) should be prepared and approved by the BAAD prior to performing any soil-disturbing activities. A Soil Management Plan was also separately prepared for the project site, which requires that, if asbestos is detected in soil samples at concentrations greater than one percent, the soil shall be disposed of as asbestos-containing waste, consistent with Section 11-2-303 of the BAAD Regulation 11, Rule 2 related to hazardous pollutants. Following any necessary removal of on-site soils with concentrations of asbestos greater than one percent, the site would be stabilized with clean soil cover, hardscape, or a vegetative cover (i.e., hydroseeding). The Soil Management Plan also requires the preparation and BAAD approval of an ADMP prior to the start of any construction activities that involve handling on-site soil.

Without the implementation of an ADMP or compliance with the site-specific Soil Management Plan, construction of the proposed project could result in the exposure of sensitive receptors to substantial concentrations of NOA. Implementation of Mitigation Measure 4.2-3 would require that an ADMP be prepared and approved by BAAD and the engineering recommendations related to NOA-containing soil are implemented as part of the project, which would ensure the proposed project would not expose sensitive receptors to substantial pollutant concentrations.

Therefore, the identified impact would be less than significant with adherence to Mitigation Measure 4.2-3.

Transportation
Impact 4.4-1: Conflict with a program, plan, ordinance, or policy addressing the circulation system during construction activities. With the implementation of Mitigation Measure 4.4- 1, the identified impact would be reduced to less than significant.

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4.4-1 Prior to any construction activities for the project site, the project applicant shall prepare a detailed Construction Traffic Control Plan (CTCP) and submit it for review and approval by the City Development Services Department. The applicant and the City shall consult with Santa Clara County, Caltrans, and local emergency service providers for their input prior to approving the CTCP. The CTCP shall ensure that acceptable operating conditions on local roadways and freeway facilities are maintained during construction. A copy of the CTCP shall be submitted to local emergency response agencies and the agencies shall be notified at least 14 days prior to the commencement of construction that would partially or fully obstruct roadways. At a minimum, the CTCP shall include:
• The number of truck trips, time, and day of street closures; • Time of day of arrival and departure of trucks;
• Limitations on the size and type of trucks, provision of a staging area with a limitation on the number of trucks that can be waiting; • Provision of a truck circulation pattern that minimizes effects on existing vehicle traffic during peak travel periods and maintains safe bicycle circulation;
• Resurface and/or repair any damage to roadways that occurs as a result of construction traffic;
• Provision of driveway access plans so that safe vehicular, pedestrian, and bicycle movements are maintained (e.g., steel plates, minimum distances of open trenches, and private vehicle pickup and drop-off areas);
• Maintain safe and efficient access routes for emergency vehicles; • Manual traffic control when necessary;
• Proper advance warning and posted signage concerning street closures;
• Provisions for pedestrian safety;
• A project staging plan to maximize on-site storage of materials and equipment;
• A set of comprehensive traffic control measures, including scheduling of major truck trips and deliveries to avoid peak hours; lane closure proceedings; signs, cones and other warning devices for drivers; and designation of construction access routes; • Permitted construction hours, pursuant to City of Morgan Hill standards;
• Identification of parking areas for construction employees, site visitors, and inspectors, including on-site locations; and • Provisions for street sweeping to remove construction-related debris on public streets.

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Finding: Construction activities associated with the proposed project would include the use of construction equipment, including on-site earth-moving vehicles, bulldozers, and other heavy machinery, as well as building materials delivery, and construction worker commutes.

The transport of heavy construction equipment to the site, haul truck trips, and construction worker commutes could affect the local roadway network. Because a construction management plan detailing information related to construction routes and equipment staging is not available, the EIR conservatively concluded that construction activities could interfere with existing roadway operations, including pedestrian, bicycle, and transit facilities, during the construction phase. Mitigation Measure 4.4-1 requires the approval of a Construction Traffic Control Plan prior to commencement of project construction. Implementation of Mitigation Measure 4.4-1 would ensure that construction activities, construction traffic, and potential street closures associated with the proposed project would not interfere with existing roadway operations, including pedestrian, bicycle, and transit facilities. Therefore, approval and implementation of a Construction Traffic Control Plan would ensure that the proposed project would not conflict with a program, plan, ordinance, or policy addressing the circulation system during construction activities, and the identified impact would be less than significant with implementation of Mitigation Measure 4.4-1.

Initial Study
IV-a: Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S.

Fish and Wildlife Service. With the implementation of Mitigation Measures IV-1 through IV-3, the identified impact would be reduced to less than significant.

Northwestern Pond Turtle
IV-1 A northwestern pond turtle survey shall be conducted by a qualified biologist no more than 48 hours prior to construction in the portion of the project site where construction activities overlap within 100 feet of Madrone Channel. The results of the survey shall be submitted to the City of Morgan Hill Development Services Department.

If northwestern pond turtles or nests are not found, further mitigation is not necessary. If a northwestern pond turtle is observed within the proposed impact area, a qualified biologist shall relocate the individual to habitat of equivalent or greater value (e.g., riparian wetlands or riparian woodlands adjacent to a perennial creek or intermittent drainage) outside of the proposed impact area prior to construction. If a northwestern pond turtle nest is observed within the proposed impact area, the nest shall be fenced off and avoided until the eggs hatch. The exclusion fencing shall be placed no less than 25 feet from the nest. A qualified biologist shall monitor the nest daily during construction to ensure that hatchlings do not disperse into the construction area. Relocation of hatchlings shall occur as stipulated above, if necessary.

Crotch’s Bumblebee
IV-2 Prior to commencement of construction activities, a habitat assessment shall be conducted by a qualified entomologist knowledgeable with the life history and ecological requirements of Crotch’s bumble bee and submitted to the City of Morgan Hill Development Services Department for review.

The habitat assessment shall include all suitable nesting, overwintering, and foraging habitats within the project area and surrounding areas.

Potential nest habitat (i.e. February through October) could include that of other Bombus species such as bare ground, thatched grasses, abandoned rodent burrows or bird nests, brush piles, rock piles, and fallen logs.

Overwintering habitat (i.e. November through January) could include that of other Bombus species such as soft and disturbed soil or under leaf litter or other debris. The habitat assessment shall be conducted during peak bloom period for floral resources on which Crotch’s bumble bees feed.

Further guidance on habitat surveys can be found within Survey Considerations for California Endangered Species Act (CESA) Candidate Bumble Bee Species (https://wildlife.ca.gov/Conservation/CESA).

If Crotch’s bumble bee habitat is present within the project area, a preconstruction survey shall be conducted by a qualified entomologist familiar with the behavior and life history of Crotch’s bumble bees and submitted to the City of Morgan Hill Development Services Department. If CESA candidate bumble bees will be captured or handled, surveyors should obtain a 2081(a) Memorandum of Understanding from CDFW.

Surveys shall be conducted during the colony active period (i.e., April through August) and when floral resources are in peak bloom. Bumble bees move nest sites each year, therefore, surveys shall be conducted each year that project work activities will occur. Further guidance on presence surveys can be found within the Survey Considerations for CESA Candidate Bumble Bee Species, referenced above.

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If Crotch’s bumble bees are detected during pre-construction surveys, a Crotch’s bumble bee avoidance plan shall be developed and provided to City of Morgan Hill Development Services Department and CDFW for review prior to work activities involving ground disturbance or vegetation removal.

Nesting Migratory Birds and Raptors
IV-3 Construction activities shall be scheduled to avoid the nesting season for most birds in Santa Clara County (i.e February 1 through August 31). If construction activities are scheduled to take place outside the nesting season, all impacts to nesting birds protected under the MBTA and California Fish and Game Code would be avoided.

If construction activities are proposed during the nesting season (i.e.

February 1 to August 31), a preconstruction survey for nesting birds and other protected migratory birds shall be conducted by a qualified ornithologist, consistent with conditions set forth by the SCVHP, to ensure that nests are not disturbed during project implementation. The survey shall be submitted to the City of Morgan Hill Development Services Department for review no more than seven days prior to the start of construction.

During this survey, the ornithologist shall inspect all trees and other potential nesting habitats (e.g., trees, shrubs, ruderal grasslands, buildings) in and immediately adjacent to the impact areas for nests. If an active nest is observed during the survey, the ornithologist shall determine the extent of a construction-free buffer zone to be established around the nest (typically 300 feet for raptors and 100 feet for other species), to ensure that no nests of species protected by the MBTA and California Fish and Game Code shall be disturbed during project implementation. Construction activities may only resume within the non-disturbance buffer after a follow-up survey by the ornithologist has been conducted and a report has been prepared indicating that the nest(s) are no longer active, and that new nests have not been identified.

Finding: The project site provides potential habitat for northwestern pond turtle, Crotch’s bumble bee, and nesting migratory birds and raptors protected by the Migratory Bird Treaty Act (MBTA). If such species occur on the project site during construction activities associated with the proposed project, the project could have a substantial adverse effect, either directly or through habitat modifications, on species identified as candidate, sensitive, or special status-species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife (CDFW) or U.S. Fish and Wildlife Service (USFWS). Implementation of Mitigation Measure IV-1 requires that a survey for northwestern pond turtles and/or nests is conducted prior to on-site construction, and provides relocation and avoidance measures to be conducted if turtles or nests are identified during the survey. Mitigation Measure IV-2 requires that a habitat assessment is conducted for Crotch’s bumble bee and, if habitat is present, a preconstruction survey is conducted. If Crotch’s bumble bee are identified, an avoidance plan shall be developed to ensure the species is not impacted during construction activities. Mitigation Measure IV-3 requires construction scheduling to occur outside of the bird nesting season, thereby ensuring active nests belonging to raptors and migratory birds protected by the MBTA would not be disturbed by construction activities associated with the proposed project. In addition, Mitigation Measure IV-3 includes survey and buffer requirements to be implemented if project construction would occur during the bird nesting season for protected nesting migratory bird and raptor species. Therefore, the identified impact would be less than significant with implementation of Mitigation Measures IV-1 through IV-3.

IV-f: Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan. With the implementation of Mitigation Measure IV-4, the identified impact would be reduced to less than significant.

IV-4 Prior to issuance of a grading permit for the proposed project, the owner or designee shall pay the Santa Clara Valley Habitat Plan per-acre fee in effect for the appropriate fee zone of the project site, nitrogen deposition fees, and any temporary impact fees, as determined by the Santa Clara Valley Habitat Agency, in compliance with Section 18.132.050 of the Morgan Hill Municipal Code and Chapter 9 of the Santa Clara Valley Habitat Plan.

Finding: The project site is located within the boundaries of the Santa Clara Valley Habitat Plan (SCVHP) permit area and is designated by the SCVHP as “Grain, Row-crop, Hay and Pasture, Disked/Short-term Fallowed” land cover type. The project site is not located within a designated Plant Survey Area, Wildlife Survey Area, or SCVHP Burrowing Owl Fee Area.

Compliance with the SCVHP requires payment of fees according to the Fee Zone designation of the property, payment of nitrogen deposition fees related to the number of anticipated car trips resulting from the development, and any surcharge fees that are required based on site-specific impacts to sensitive habitats or sensitive species. The project site is within Fee Zone B (Agricultural and Valley Floor Lands). As such, the proposed project would be subject to Zone B fees. In addition to fees, the proposed project would be required to comply with applicable conditions included in Chapter 6, Conditions on Covered Activities and Application Process, of the SCVHP related to covered species and sensitive land cover types. Should the proposed project not fulfill payment of necessary fees, the project could conflict with the SCVHP. In order to ensure that impacts related to conflicts with the provisions of the SCVHP would be less than significant, the proposed project would be required to comply with Mitigation Measure IV-4, which requires the payment of SCVHP fees prior to initial ground disturbance. Thus, with implementation of Mitigation Measure

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IV-4, the proposed project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan. Therefore, the identified impact would be less than significant with implementation of Mitigation Measure IV-4.

VII-aiii, aiv, c, d: Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: seismic-related ground failure, including liquefaction; directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving landslides; be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or offsite landslide, lateral spreading, subsidence, liquefaction or collapse; or be located on expansive soil, as defined in Table 18-1B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property. With the implementation of Mitigation Measure VII-1, the identified impact would be reduced to less than significant.

VII-1 Prior to approval of any grading permits, the project Civil Engineer shall show on the project plans that the project design adheres to all engineering recommendations provided in the Geotechnical Investigation Report prepared for the project site by Halley & Aldrich, Inc. Proof of compliance with all recommendations specified in the Geotechnical Investigation Report shall be subject to review and approval by the City Engineer.

The project plans shall include, but not be limited to, engineering recommendations included in the Geotechnical Investigation Report related to seismic design parameters, site preparation and grading, utility trench excavation, serpentine fill, foundations, slab-on-grade floors, drainage and landscaping, stormwater infiltration and percolation, pavement design, exterior concrete slabs and walkways, corrosivity, retaining walls, and project review and construction monitoring. The final project plans and specifications shall be reviewed by Haley & Aldrich, Inc. prior to construction to check that the plans are in general conformance with the intent of the recommendations. During construction, Haley & Aldrich, Inc. shall observe and document the installation of foundations, observe the condition, and test the compaction of any fill placed at the site to ensure that the contractor’s work conforms to the geotechnical aspects of the plans and specifications, and that the foundation system and paved areas are constructed in accordance with the design recommendations.

Finding: The proposed project would not be subject to substantial risks related to liquefaction, landslides, or lateral spreading. However, the potential exists for subsidence/settlement to occur at the project site and for expansive soils to be located on the site. The proposed project would be required to comply with Mitigation Measure VII-1, which requires the recommendations of the Geotechnical Investigation Report prepared for the proposed project to be incorporated into project plans. Implementation of Mitigation Measure VII-1 and the engineering recommendations included in the Geotechnical Investigation Report would ensure that potential impacts related to subsidence/settlement and expansive soils would not occur. Therefore, the proposed project would not directly or

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indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction, landslides, lateral spreading, subsidence, collapse, or expansive soils, and the identified impact would be less than significant with implementation of Mitigation Measure VII-1.

IX-b: Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment. With the implementation of Mitigation Measure IX-1, the identified impact would be reduced to less than significant.

IX-1 Prior to approval of any grading or building permits, a site-specific Asbestos Dust Mitigation Plan (ADMP) shall be prepared and approved by the Bay Area Air District (BAAD) to satisfy the requirements of the Asbestos Airborne Toxic Control Measures for Construction, Grading, Quarrying and Surface Mining Operations. In addition, the project Civil Engineer shall show on the grading, excavation, and project plans that the project design adheres to all engineering recommendations provided in the site-specific Soil Management Plan prepared for the proposed project by Haley & Aldrich, Inc. Proof of compliance with all recommendations specified in the Soil Management Plan shall be subject to review and approval by the City Engineer to ensure that all recommendations specified in the Soil Management Plan are properly incorporated into the project design. All grading and excavation plans shall be submitted to the City of Morgan Hill Development Services Department for review and approval.

In accordance with the Soil Management Plan and ADMP, the project plans shall include through notation, but not be limited to, engineering recommendations related to excavating, grading and disposing of the naturally occurring asbestos (NOA)-containing soil. In addition the project applicant shall prepare Health and Safety Plans, and implement the recommendations related to imported fill, noise control, dust control, soil loading, hauling, and transportation standards during both excavation and further construction activities.

Finding: As previously discussed, the Phase I ESA prepared for the proposed project identified serpentine pebbles with NOA at concentrations greater than one percent within the on-site soils.

Thus, the Phase I ESA concluded that a site-specific ADMP should be prepared and approved by BAAD prior to performing any soil-disturbing activities. A Soil Management Plan was also separately prepared for the project site, which requires that, if asbestos is detected in soil samples at concentrations greater than one percent, the soil shall be disposed of as asbestos-containing waste, consistent with Section 11-2-303 of the BAAD Regulation 11, Rule 2 related to hazardous pollutants. Following any necessary removal of on-site soils with concentrations of asbestos greater than one percent, the site would be stabilized with clean soil cover, hardscape, or a vegetative cover (i.e., hydroseeding). The Soil Management Plan also requires the preparation and BAAD approval of an ADMP prior to the start of any construction activities that involve handling on-site soil. Without the implementation of an ADMP or compliance with the sitespecific Soil Management Plan, construction of the proposed project could create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment.

Implementation of Mitigation Measure IX-1 would require that an ADMP be prepared and approved by BAAD and the engineering recommendations related to NOA-containing soil are implemented as part of the project, which would ensure the proposed project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment. Therefore, the identified impact would be less than significant with implementation of Mitigation Measure IX-1.

D. SIGNIFICANT AND UNAVOIDABLE IMPACTS IDENTIFIED IN THE EIR The following findings are hereby made by the City of Morgan Hill City Council for the significant environmental effects identified in the EIR that cannot be reduced to a less-thansignificant level through incorporation of mitigation measures. The City finds that, for the significant impacts identified in this section and based upon substantial evidence in the record, feasible changes or alterations to the project that would avoid or reduce the significant effects to a less-than-significant level, as identified in the EIR, do not exist. Pursuant to PRC Section 21081(b) and as discussed within Section I (Statement of Overriding Considerations) below, the City elects to approve the proposed project for the specific overriding economic, legal, social, and other benefits of the project that outweigh the significant and unavoidable impacts.

The Final EIR identified impacts associated with the project that cannot be reduced to a level of less than significant with the implementation of mitigation measures identified in the Final EIR.

The identified significant and unavoidable impacts are as follows:

Agricultural Resources
Impact 4.1-1: Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use. Even with the implementation of Mitigation Measure 4.1-1, the identified impact would be significant and unavoidable.

4.1-1 Prior to final subdivision map approval, the project applicant shall either set aside in perpetuity, at a minimum ratio of 1:1 of active agricultural acreage, an amount equal to the total project site acreage or pay an agricultural preservation in-lieu fee to the City. In addition to land

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acquisition/dedication or payment of the agricultural preservation in-lieu fee, the project applicant shall pay an agricultural lands preservation program surcharge fee on a per-acre basis. If the applicant chooses to set aside active agricultural acreage, the lands to be used as agricultural mitigation shall conform to the definitions for agricultural mitigation land and/or open agricultural land as defined in Section 18.152.030 of the Morgan Hill Municipal Code, and shall meet the following criteria:

A. Agricultural conservation easements shall be acquired from willing sellers only; eminent domain shall not be used to acquire lands for conservation;
B. The property is of adequate size, configuration and location to be viable for continued agricultural use;
C. The land shall have access to an adequate water supply to maintain the purposes of the easement (i.e., to irrigate farmland if the converted farmland is irrigated or capable of irrigation). The water supply shall be sufficient to support ongoing agricultural uses, and the water rights on the agricultural mitigation land shall be protected in the agricultural conservation easement;
D. Other considerations for appropriate conserved agricultural lands include: soil type, parcel size, existing irrigation supplies, strong agricultural production history, proximity to agricultural infrastructure, proximity to the first point of processing, uses on surrounding lands, and proximity to urban areas now and into the foreseeable future;
E. The mitigation land shall be located within Santa Clara County; and F. The mitigation land may not overlap with land being acquired as habitat mitigation by the Santa Clara Valley Habitat Agency.

The location and amount of active agricultural acreage shall be subject to review and approval by the City of Morgan Hill Planning Division. Proof of payment of the agricultural lands preservation program surcharge fee and/or the agricultural preservation in-lieu fee shall be submitted to the City of Morgan Hill Planning Division.

Finding: For environmental review purposes under CEQA, only the categories of Prime Farmland, Farmland of Statewide Importance, and Unique Farmland constitute “agricultural land.” The project site contains 10.8 acres of Unique Farmland, which would be converted to non-agricultural uses by the development of the proposed project and, thus, a significant impact would occur. Implementation of Mitigation Measure 4.1-1 would require the project applicant to either set an amount of acreage aside in perpetuity or pay an agricultural preservation in-lieu fee to the City, as well as pay an agricultural lands preservation program surcharge fee. While Mitigation Measure 4.1-1 would preserve Farmland acreage elsewhere, that preservation would not create new Farmland. As such, the proposed project would lead to an overall loss of Farmland, and the impact would remain significant and unavoidable.

Impact 4.1-3: Involve changes in the existing environment which, due to their location or

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nature, could cumulatively result in loss of Farmland to non-agricultural use. Even with the implementation of Mitigation Measure 4.1-3, the identified impact would be cumulatively considerable and significant and unavoidable.

4.1-3 Implement Mitigation Measure 4.1-1.

Finding: The geographic scope for the cumulative agricultural resources analysis includes development of the proposed project in conjunction with buildout of the City’s General Plan.

The City’s General Plan EIR determined that buildout of the General Plan would convert an estimated 1,125 acres of Farmland to non-agricultural uses, including the project site. As discussed above, the 10.8 acres of Unique Farmland on the project site would be converted to non-agricultural uses by the proposed project and, thus, a significant and unavoidable impact would occur. Development facilitated by buildout of the City’s General Plan in conjunction with the proposed project, as well as other present and/or probable future projects, would result in a significant impact related to the conversion of Farmland to non-agricultural uses. Although Mitigation Measure 4.1-1 would partially mitigate for the loss of Farmland by requiring the project applicant to either set aside active agricultural acreage in perpetuity or pay an agricultural preservation in-lieu fee to the City, the proposed project would still lead to an overall loss of Farmland. Thus, the incremental contribution of the proposed project to the significant cumulative impact related to the loss of Farmland would be cumulatively considerable and the identified impact would remain significant and unavoidable.

Air Quality and Greenhouse Gas Emissions
Impact 4.2-6: Generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment, or conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. Even with the implementation of Mitigation Measure 4.2-6, the identified impact would be cumulatively considerable and significant and unavoidable.

4.2-6 Implement Mitigation Measure 4.4-3.

Finding: According to the BAAD thresholds of significance, a project must either include specific project design elements related to buildings and transportation or be consistent with a local GHG reduction strategy that meets the criteria under State CEQA Guidelines Section 15183.5(b). Because the City’s Climate Action Plan (CAP) does not meet the criteria under CEQA Guidelines Section 15183.5(b), the proposed project was evaluated for consistency with the BAAD’s Buildings and Transportation criteria. The proposed project has the potential to conflict with Transportation criterion c., related to achieving a reduction in project-generated VMT below the regional average consistent with the current version of the California Climate Change Scoping Plan (currently 15 percent) or meet a locally adopted VMT target. The proposed project is estimated to generate 30.47 daily VMT per resident, which would exceed the VMT of

24.64 per resident threshold of significance. Therefore, without mitigation, the proposed project could conflict with Transportation criterion c. Mitigation Measure 4.2-6 would reduce projectgenerated VMT, but not to a level that would achieve the City’s residential VMT per capita threshold of significance. Therefore, even with implementation of Mitigation Measure 4.2-6, the proposed project could generate GHG emissions, either directly or indirectly, that may have

City of Morgan Hill
Resolution No. 26-XXX

a significant impact on the environment, or conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs, and the identified impact would be cumulatively considerable and significant and unavoidable.

Transportation
Impact 4.4-3: Conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). Even with the implementation of Mitigation Measure 4.4-3, the identified impact would be significant and unavoidable.

4.4-3 Prior to occupancy of the first residential unit associated with the proposed project, the project applicant shall implement TDM strategies to reduce the number of vehicle trips that would be generated by the proposed project, subject to review and approval by the City Engineer. The TDM strategies shall include, but are not necessarily be limited to, the following programs:
• School Pool Program – The project applicant shall organize a program that matches families in carpools for school pick-up and drop-off. The school pool program would be open to all families in the development. The program shall be subject to negotiations with the City and schools serving the project site.
• Implement Bike Sharing Program – The proposed project shall dedicate space for or provide subsidies to a bike sharing system, including a bike share station, ideally one with high penetration in a larger area (e.g., Bay Wheels).
• Voluntary Travel Behavior Change Program – The proposed project shall provide a program that targets individual attitudes towards travel and would provide tools for individuals to analyze and alter their travel behavior. The program could include, but is not necessarily related to, mass communication campaigns and travel feedback programs such as travel diaries or feedback on calories burned from activities and travel.

Finding: The project-generated VMT per capita would be 30.47, which would exceed the City’s impact threshold of 24.64 VMT per capita. A 19 percent reduction in VMT per capita would need to be achieved to generate VMT at a level equal to or below the City’s significance threshold. Therefore, without mitigation, the proposed project could conflict with CEQA Guidelines Section 15064.3(b). Mitigation Measure 4.4-3 would require the project to incorporate transportation demand management (TDM) strategies to reduce project-generated VMT. However, the maximum reduction possible with implementation of Mitigation Measure

4.4-3 would be 13.6 percent, which would reduce the project VMT per capita to 26.32.

According to the Transportation Analysis, further reductions are not likely feasible due to the limited alternative modes of transportation and supporting employment land uses within the City. Therefore, even with implementation of Mitigation Measure 4.4-3, the proposed project

City of Morgan Hill
Resolution No. 26-XXX

could conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b) and the identified impact would be significant and unavoidable.

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

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

No Project (No Build) Alternative: Under the No Project (No Build) Alternative, existing site conditions would be maintained, and the site would not be developed. Impacts identified for the proposed project, including impacts related to agricultural resources, air quality and GHG emissions, biological resources, geology and soils, hazards and hazardous materials, and transportation would be avoided under the No Project (No Build) Alternative. The No Project (No Build) Alternative is an environmentally superior alternative to the proposed project. The Alternative would not, however, meet any of the project objectives. Therefore, the No Project (No Build) Alternative is rejected.

Clustered Development/Reduced Farmland Conversion Alternative: The Clustered Development/Reduced Farmland Conversion Alternative would consist of buildout of the same land uses included in the proposed project on a reduced development footprint in order to avoid, to the extent feasible, conversion of on-site Farmland with non-agricultural uses, and to reduce residential VMT. The Alternative would include a total of 105 units on an approximately 12-acre development footprint, which represents an approximately 24 percent reduction in development area from the 15.8-acre project site and a residential density of 8.75 dwelling units per acre (du/ac) as compared to the 6.65 du/ac density that would occur under the proposed project.

The Clustered Development/Reduced Farmland Conversion Alternative would meet the majority of the project objectives.

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Resolution No. 26-XXX

The significant impacts that would be reduced under the Alternative are as follows:
• Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use (remains significant and unavoidable);
• Involve changes in the existing environment which, due to their location or nature, could cumulatively result in loss of Farmland to non-agricultural use (remains significant and unavoidable);
• Generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment, or conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs; • Conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). • Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service;
• Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan;
• Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: Seismic-related ground failure, including liquefaction or landslides;
• Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse;
• Be located on expansive soil, as defined in Table 18-1B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property; and • Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment.

Overall, although the majority of impacts would be fewer under the Clustered Development/Reduced Farmland Conversion Alternative, significant and unavoidable impacts related to the conversion of farmland and cumulative loss of farmland would remain significant and unavoidable with implementation of mitigation measures. In addition, the Clustered Development/Reduced Farmland Conversion Alternative would result in similar impacts related to transportation impacts during construction activities.

While the project’s significant and unavoidable impacts related to the conversion of farmland would not be fully avoided by the Clustered Development/Reduced Farmland Conversion Alternative, the Alternative is the only option evaluated by the EIR that would meaningfully reduce impacts to Farmland conversion. The Alternative would also reduce potential impacts related to GHG emissions and VMT because higher residential densities are associated with lower vehicle ownership, less driving, and less VMT on a per capita basis. As a result, the Clustered Development/Reduced Farmland Conversion Alternative is considered the

City of Morgan Hill
Resolution No. 26-XXX

environmentally superior alternative. Nevertheless, because the significant and unavoidable impacts identified for the proposed project would not be fully avoided, the Clustered Development/Reduced Farmland Conversion Alternative is rejected.

Off-Site Alternative: The Off-Site Alternative would consist of buildout of the proposed project on an off-site location. In considering sites potentially available for future development of the proposed project, sites of similar size and characteristics (e.g., undeveloped, along DePaul Drive) were considered. The off-site location selected for evaluation is located north of the DePaul Drive/Cochrane Road intersection, approximately 800 feet north of the project site and across DePaul Drive from the Cochrane Commons commercial center. The Off-Site Alternative site is an approximately 15.6-acre portion of the approved Cochrane Road Planned Unit Development (PUD) Project site. The project applicant does not own the Off-Site Alternative site.

The significant impacts that would be reduced under the Alternative are as follows:
• Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use; • Involve changes in the existing environment which, due to their location or nature, could cumulatively result in loss of Farmland to non-agricultural use; • Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment.

The Off-Site Alternative would result in no impacts related to the conversion of farmland, eliminating the significant and unavoidable impacts identified as part of the proposed project, and would also result in a reduction in impacts related to hazards and hazardous materials.

The significant and unavoidable impacts related to cumulative GHG emissions and conflicting with CEQA Guidelines Section 15064.3 would remain under the Off-Site Alternative. In addition, the Off-Site Alternative would result in similar impacts related to biological resources and geology and soils, as compared to the proposed project.

The Off-Site Alternative would fully meet the majority of the project objectives. However, Objective #1 would only be partially met, as the alternative site is located further away from the gateway to the City and Cochrane Road corridor than the project site. Because the Alternative would not reduce the severity of the identified significant and unavoidable impact identified for the proposed project related to conflicting with CEQA Guidelines Section 15064.3, subdivision (b), as well as related to generating GHG emissions, either directly or indirectly, that may have a significant impact on the environment, or conflicting with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs, and would not fully satisfy all of the project objectives, the Alternative is rejected.

G.RECIRCULATION NOT REQUIRED
Significant new information has not been added to the Final EIR since public notice was given of the availability of the Draft EIR. New or substantial changes to the EIR were not proposed

City of Morgan Hill
Resolution No. 26-XXX

as a result of the public comment process. The Final EIR responds to comments provided on the Draft EIR, and does not include any substantial changes or additions to the Draft EIR analysis. Minor revisions to the Draft EIR text made in the Final EIR are for clarification purposes only. The comments provided on the Draft EIR did not address concerns related to any new significant impacts or substantial increases in the severity of any previously identified significant environmental impacts. Therefore, recirculation of the EIR is not required pursuant to CEQA Guidelines Section 15088.5.

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

I. STATEMENT OF OVERRIDING CONSIDERATIONS
CEQA requires the decision-making agency to balance the benefits of a project against its significant and unavoidable impacts when determining whether to approve a project. If the benefits of the project outweigh its unavoidable adverse environmental effects, those effects may be considered acceptable pursuant to CEQA Guidelines Section 15093(a). CEQA requires the agency to state in writing the specific reasons for considering a project acceptable when significant impacts are not avoided or substantially lessened. Those reasons must be based on substantial evidence in the Final EIR or elsewhere in the administrative record (pursuant to CEQA Guidelines Section 15093[b]). The proposed project would result in significant and unavoidable impacts related to agricultural resources, GHG emissions, and VMT even after incorporation of the mitigation measures identified in the Draft EIR.

The following considerations support approval of the proposed project:

1. The proposed project would provide citywide and regional economic benefits through tax revenues and project fees. The project would be required to pay development impact fees pursuant to Morgan Hill Municipal Code Section 3.56.030, which would finance the cost of public facilities and improvements (including public safety facilities and water facilities) required by new development. Furthermore, the proposed project would be required to pay applicable development fees towards the Morgan Hill Unified School District (MHUSD).

2. The proposed project would create temporary jobs for local residents through construction. Construction of the proposed project would create jobs by increasing the number of construction workers in the project area. Additionally, building materials would most likely be purchased in the area, stimulating the local economy and businesses.

3. The proposed project would provide additional housing opportunities in the City of Morgan Hill and would dedicate 4.719 acres of land to the City for affordable housing.

Based on the City’s 2023-2031 Housing Element, the Regional Housing Needs

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Resolution No. 26-XXX

Allocation (RHNA) would require 1,037 residential units. The proposed project would contribute an additional 105 residential units, increasing the City’s housing supply and helping the City satisfy its RHNA goals.

The City adopts and makes this Statement of Overriding Considerations regarding the significant unavoidable impacts of the project and the anticipated benefits of the project. The City finds that the project's benefits of providing needed housing and dedication of land to the City for affordable housing and increasing the vitality of the Cochrane Road corridor outweighs the project's significant unavoidable environmental effects.

On balance, the City finds that there are specific considerations associated with the project that serve to override and outweigh the project's significant unavoidable effects. Therefore, pursuant to CEQA Guidelines Section 15093(b), these adverse effects are considered acceptable.

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

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

Based on its review, the City Council has determined that the opinions of its outside consultants and Staff are valid and are hereby accepted. In some instances, the City Council has also relied on the expertise of other agencies who have provided comments on the Draft EIR and other actions related to the project.

DePaul Residences
Project
SCH# 2026020243
Final Environmental Impact
Report
Prepared for the
City of Morgan Hill
September 2026
Prepared by
1501 Sports Drive, Suite A, Sacramento, CA 95834

DePaul Residences Project
Final
Environmental Impact Report
SCH# 2026020243
Lead Agency
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
Tiffany Brown
Senior Planner
(408)-310-4655
Prepared By
Raney Planning and Management, Inc.
1501 Sports Drive, Suite A
Sacramento, CA 95834
(916) 372-6100
Contact:

Nick Pappani
Vice President

TABLE OF CONTENTS

Final EIR
DePaul Residences Project
September 2026
Table of Contents
Page i

CHAPTER PAGE

1. Introduction and List of Commenters.................................... 1-1

1.1 Introduction .................................................................................................1-1

1.2 Background.................................................................................................1-1

1.3 Purpose of the Final EIR .............................................................................1-2

1.4 List of Commenters .....................................................................................1-2

1.5 Certification of the Final EIR........................................................................1-2

1.6 Organization of the Final EIR ......................................................................1-3

2. Responses to Comments ....................................................... 2-1

2.1 Introduction .................................................................................................2-1

2.2 Responses to Comments ............................................................................2-1

3. Revisions to the Draft EIR Text ............................................. 3-1

3.1 Introduction .................................................................................................3-1

3.2 Description of Changes...............................................................................3-1

4. Mitigation Monitoring and Reporting Program....................... 4-1

4.1 Introduction .................................................................................................4-1

4.2 Compliance Checklist..................................................................................4-1

4.3 Mitigation Monitoring and Reporting Program .............................................4-2

TABLE OF CONTENTS

1. INTRODUCTION AND LIST OF

COMMENTERS

Final EIR
DePaul Residences Project
September 2026
Chapter 1 – Introduction and List of Commenters

1.1 INTRODUCTION
This Final Environmental Impact Report (EIR) contains comments received during the public review period of the DePaul Residences Project (proposed project) Draft EIR. This document has been prepared by the City of Morgan Hill, as Lead Agency, in accordance with the California Environmental Quality Act (CEQA) and CEQA Guidelines Section 15132. The Introduction and List of Commenters chapter of the Final EIR discusses the background of the Draft EIR and purpose of the Final EIR, and provides an overview of the organization of the Final EIR.

1.2 BACKGROUND
The Draft EIR identifies the proposed project’s potential environmental impacts and the mitigation measures that would be required to be implemented. The following environmental analysis chapters are contained in the Draft EIR:
• Agricultural Resources;
• Air Quality and Greenhouse Gas Emissions;
• Noise;
• Transportation;
• Statutorily Required Sections; and
• Alternatives Analysis.

In accordance with CEQA, the City of Morgan Hill used the following methods to solicit public input on the Draft EIR:
• A Notice of Preparation (NOP) for the Draft EIR (see Appendix A of the Draft EIR) was released for a 30-day public review period from February 6, 2026, to March 9, 2026. The NOP comment letters are included as Appendix B to the Draft EIR. • A virtual public scoping meeting was held by the City of Morgan Hill via Zoom on March 5, 2026 to solicit comments regarding the scope of the Draft EIR. • On May 29, 2026, the Draft EIR was submitted to the State Clearinghouse (SCH) for distribution to State agencies for a 45-day public review period from May 29, 2026 to July 13, 2026.
• On May 29, 2026, a Notice of Availability (NOA) of the Draft EIR was posted with the Santa Clara County Clerk and to the City’s website
(https://www.morganhill.ca.gov/2612/Cochrane-DePaul-Residences-High-Street-N). The NOA was mailed to local agencies and interested members of the public as well. • A virtual comment meeting was held by the Morgan Hill Development Services Department via Zoom on June 16, 2026, to solicit comments regarding the Draft EIR.

All public comments received on the Draft EIR are listed in this chapter, and written responses to comments are included in Chapter 2, Response to Comments.

1. INTRODUCTION AND LIST OF

COMMENTERS

Final EIR
DePaul Residences Project
September 2026
Chapter 1 – Introduction and List of Commenters

1.3 PURPOSE OF THE FINAL EIR
Pursuant to CEQA Guidelines Section 15132, this Final EIR consists of the following:

1. A list of persons, organizations, and public agencies commenting on the Draft EIR (included as Section 1.4 of this chapter);

2. Comments received on the Draft EIR (Chapter 2 of this Final EIR);

3. Responses to the comments received on the Draft EIR (Chapter 2 of this Final EIR);

4. Revisions to the Draft EIR (Chapter 3 of this Final EIR); and

5. Any other information added by the Lead Agency.

1.4 LIST OF COMMENTERS
The City of Morgan Hill received two comment letters during the public comment period on the Draft EIR for the proposed project. The comment letters were authored by the following agencies:

Agencies
Letter 1.................................................................................California Department of Transportation Letter 2........................................................................................... Santa Clara Valley Water District In addition, comments were received from one commenter during the virtual comment meeting held via Zoom on June 16, 2026 to solicit public comments regarding the Draft EIR. A summary of the comments from the Draft EIR community open house meeting is included as Letter 3.

Letter 3.......................Summary of Verbal Comments Received at the Draft EIR Comment Meeting

1.5 CERTIFICATION OF THE FINAL EIR
State law requires that the City make several types of CEQA “findings” at the time of final action on the project. Findings describe the conclusions reached regarding particular issues, including specific evidence in support of those conclusions. The Final EIR typically provides much of the substantial evidence to support these findings. The required findings for the proposed project are as follows:
• Certification of the Final EIR (CEQA Guidelines Section 15090) – These findings support the adequacy of the Final EIR for decision-making purposes. The Lead Agency must make the following three determinations in certifying a Final EIR:

1. The Final EIR has been completed in compliance with CEQA.

2. The Final EIR was presented to the decision-making body of the Lead Agency, and the decision-making body reviewed and considered the information in the Final EIR prior to approving the project.

3. The Final EIR reflects the Lead Agency’s independent judgment and analysis. • Findings Regarding Significant Impacts and Project Alternatives (CEQA Guidelines Section 15091) – These findings explain how the City chose to address each identified significant impact, including the mitigation measures adopted or an explanation of why such measures are infeasible. A discussion of the feasibility of project alternatives is also required by this section (see also CEQA Guidelines Section 15126.6[f]).

Final EIR
DePaul Residences Project
September 2026
Chapter 1 – Introduction and List of Commenters

Pursuant to CEQA Guidelines Section 15093(b), when a Lead Agency approves a project that would result in significant unavoidable impacts, the agency must state in writing the reasons supporting the action (Statement of Overriding Considerations). The DePaul Residences Project would result in significant and unavoidable impacts related to agricultural resources, greenhouse gas (GHG) emissions, and vehicle miles traveled (VMT). Thus, a Statement of Overriding Considerations has been prepared and is included with the required Findings of Fact as part of the resolution considered by the City of Morgan Hill.

1.6 ORGANIZATION OF THE FINAL EIR
The Final EIR is organized into the following three chapters.

1. Introduction and List of Commenters
Chapter 1 provides an introduction and overview of the Final EIR, describes the background of the Draft EIR and the purposes of the Final EIR, provides a list of commenters, and describes the organization of the Final EIR.

2. Responses to Comments
Chapter 2 presents the comment letters received, and responses to each comment. Each comment letter received has been numbered at the top and bracketed to indicate how the letter has been divided into individual comments. Each comment is given a number with the letter number appearing first, followed by the comment number. For example, the first comment in Letter 1 would have the following format: 1-1. The response to each comment will reference the comment number.

3. Revisions to the Draft EIR Text
Chapter 3 summarizes changes made to the Draft EIR text, including clarifications, modifications, and amplifications of the analysis. Section 15088.5 of the CEQA Guidelines states that a lead agency is required to recirculate a Draft EIR when “significant new information” is added to the document after public notice is given of the availability of the Draft EIR for public review under Section 15087 but before certification. Pursuant to this section, the term “information” can include changes in the project or environmental setting, as well as additional data or other information.

New information added to an EIR is not considered “significant” unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the City has declined to implement. “Significant new information” requiring recirculation includes any of the following:

1. A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented.

2. A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance.

3. A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the environmental impacts of the project, but the project's proponents decline to adopt it.

4. The Draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded.

Final EIR
DePaul Residences Project
September 2026
Chapter 1 – Introduction and List of Commenters

Recirculation is not required where the new information added to the EIR merely clarifies or amplifies or makes insignificant modifications in an adequate EIR. The modifications to the Draft EIR identified in Chapter 3 have been examined with these requirements and obligations in mind.

The City has determined that the provisions of Section 15088.5 of the CEQA Guidelines are not triggered, and recirculation of the Draft EIR is not required. A more detailed description of this determination will be included in the CEQA Findings of Fact described above.

4. Mitigation Monitoring and Reporting Program
CEQA Guidelines Section 15097 requires lead agencies to adopt a program for monitoring the mitigation measures required to avoid and/or lessen the significant environmental impacts of a project. The intent of the Mitigation Monitoring and Reporting Program (MMRP) is to ensure implementation of the mitigation measures identified within the EIR for the proposed project. The MMRP for the proposed project is included as Chapter 4 of this Final EIR.

2. RESPONSES TO COMMENTS

Final EIR
DePaul Residences Project
September 2026
Chapter 2 – Responses to Comments

2.1 INTRODUCTION
The Responses to Comments chapter contains responses to each of the comment letters submitted regarding the DePaul Residences Project (proposed project) Draft EIR during the public review period and the verbal comments received at the virtual Draft EIR comment meeting held on June 16, 2026 to solicit public comments regarding the Draft EIR.

2.2 RESPONSES TO COMMENTS
Each bracketed comment letter is followed by numbered responses to each bracketed comment.

The responses amplify or clarify information provided in the Draft EIR and/or refer the reader to the appropriate place in the document where the requested information can be found. Comments that are not directly related to environmental issues (e.g., opinions on the merits of the project that are unrelated to its environmental impacts) are either discussed or noted for the record, as appropriate. Where revisions to the Draft EIR text are required in response to the comments, such revisions are noted in the response to the comment, and are also listed in Chapter 3 of this Final EIR. All new text is shown as double underlined and deleted text is shown as struck through.

2. RESPONSES TO COMMENTS

Final EIR
DePaul Residences Project
September 2026
Chapter 2 – Responses to Comments

Letter 1
1-1
1-2

Final EIR
DePaul Residences Project
September 2026
Chapter 2 – Responses to Comments

Letter 1 Cont.
1-3
1-2
Cont.

Final EIR
DePaul Residences Project
September 2026
Chapter 2 – Responses to Comments

LETTER 1: CALIFORNIA DEPARTMENT OF TRANSPORTATION
Response to Comment 1-1
The comment is introductory and summarizes the description of the proposed project. The comment does not address the adequacy of the Draft EIR.

Response to Comment 1-2
As discussed under Impact 4.4-3 in Chapter 4.4, Transportation, of the Draft EIR, the projectspecific Transportation Analysis considered the Santa Clara Valley Transportation Authority (VTA) Tier 1 through 3 vehicle miles traveled (VMT) reduction strategies that would be incorporated as part of the proposed project. Specifically, the Transportation Analysis considered the characteristics of the proposed project; the bicycle, pedestrian, and transit facilities that would serve the proposed project; and the amount of parking provided by the proposed project in determining project-generated VMT per capita, consistent with VTA guidance.1 The recommendation for the City to collaborate with the California Department of Transportation (Caltrans) and VTA to assess and develop a regional VMT mitigation program is outside of the scope of the proposed project and Draft EIR. The comment has been noted for the record and forwarded to the decision-makers for their consideration.

Response to Comment 1-3
The comment is a conclusion statement and does not address the adequacy of the Draft EIR. 1 Valley Transportation Authority. Santa Clara Countywide VMT Evaluation Tool – Version 2: Frequently Asked Questions (FAQs). December 28, 2021.

Final EIR
DePaul Residences Project
September 2026
Chapter 2 – Responses to Comments

Letter 2
2-1
2-2
2-3
2-4
2-5

Final EIR
DePaul Residences Project
September 2026
Chapter 2 – Responses to Comments

Letter 2 Cont.
2-5
Cont.
2-6
2-7
2-8

Final EIR
DePaul Residences Project
September 2026
Chapter 2 – Responses to Comments

LETTER 2: SANTA CLARA VALLEY WATER DISTRICT
Response to Comment 2-1
The comment is an introduction to the detailed comments that follow in the letter. Please see Responses to Comments 2-2 through 2-7 below.

Response to Comment 2-2
In response to the comment, page 2-1 in Chapter 2, Executive Summary, of the Draft EIR is hereby revised as follows:

The project site currently consists of an undeveloped vacant field with a driveway off of Cochrane Road and an unpaved private roadway that encircles the eastern portion of the project site. An existing five-foot wide planting strip is located along the project frontage of DePaul Drive, which includes existing bioretention planters designed to mitigate runoff from the Cochrane Technology Center development to the south of the project site. An existing stormwater detention pond with a 30-inch outfall to the Madrone Channel, currently serving the Cochrane Technology Center to the south of the project site, is located in the southern portion of the project site. The Madrone Channel is a groundwater recharge facility, running parallel to the western boundary of the project site, under the jurisdiction of the Santa Clara Valley Water District (Valley Water) that flows into Llagas Creek, which is located south of the City. The Madrone Channel also provides conveyance for flood waters, and pursuant to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) 06085C0444H, effective May 18, 2009, the channel has been accredited to contain the one-percent annual chance flood discharge. The channel has base flood elevations (100-year water surface elevations) that have been determined through a detailed study, and is within FEMA’s special flood hazard area (SFHA) Zone AE. Existing non-native trees are located along Cochrane Road and the Madrone Channel Trail, which is located along the western boundary of the project site. The project site was used in 2018 as a tree nursery to store mature trees in wooden boxes.

The above revision is for clarification purposes only and does not affect the conclusions of the Draft EIR.

Response to Comment 2-3
In response to the comment, page 3-1 in Chapter 3, Project Description, of the Draft EIR is hereby revised as follows:

The project site currently consists of an undeveloped vacant field with a driveway off of Cochrane Road and an unpaved private roadway that encircles the eastern portion of the project site. An existing five-foot wide planting strip is located along the project frontage of DePaul Drive, which includes existing bioretention planters designed to mitigate runoff from the Cochrane Technology Center development to the south of the project site. An existing stormwater detention pond with a 30-inch outfall to the Madrone Channel, currently serving the Cochrane Technology Center to the south of the project site, is located in the southern portion of the project site. The Madrone Channel is a groundwater recharge facility, running parallel to the western boundary of the project site, under the jurisdiction of the Santa Clara Valley Water District (Valley Water) that flows into Llagas Creek, which is located south of the City. The Madrone Channel also provides conveyance for flood waters, and pursuant to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) 06085C0444H, effective May 18, 2009, the channel has been accredited to contain the one-percent annual chance flood discharge. The channel has base flood elevations (100-year water surface elevations) that have been determined through a detailed study,

Final EIR
DePaul Residences Project
September 2026
Chapter 2 – Responses to Comments

and is within FEMA’s special flood hazard area (SFHA) Zone AE. Existing non-native trees are located along Cochrane Road and the Madrone Channel Trail, which is located along the western boundary of the project site. The project site was used in 2018 as a tree nursery to store mature trees in wooden boxes.

The above revision is for clarification purposes only and does not affect the conclusions of the Draft EIR.

Response to Comment 2-4
In response to comment, page 3-10 in Chapter 3, Project Description, of the Draft EIR is hereby revised as follows:

Vegetation planted near the Madrone Channel would be required to comply with the planting guidelines in the City’s adopted Santa Clara Valley Water Resources Protection Collaborative (Valley Water Collaborative) Guidelines and Standards for Land Use Near Streams.1
The associated footnote to the above revised sentence is hereby revised as follows:
1 Santa Clara Valley Water Resources Protection Collaborative. Guidelines and Standards for Land Use Near Streams: A Manual of Tools, Standards, and Procedures to Protect Streams and Streamside Resources in Santa Clara County. Revised July 2006.

The above revisions are for clarification purposes only and do not affect the conclusions of the Draft EIR.

Response to Comment 2-5
In response to the comment, the revisions shown on page 4.0-9 in Chapter 4.0, Introduction to the Analysis, of the Draft EIR are hereby revised as shown in red text below:

In addition, according to the 2022 Madrone Channel Study prepared by Akel Engineering, Madrone Channel currently maintains 120 cubic feet per second (CFS) of excess capacity.

According to the Madrone Channel Study, the existing excess capacity within Madrone Channel would allow for new development within the immediate vicinity of the Madrone Channel, including the proposed project, to increase runoff flows into the channel by up to a maximum of 0.42 CFS per acre. Similar to the recent Trammel Crow/Redwood Tech project on the adjacent southerly parcel, as well as the Crosswinds project across the street from the project site, the proposed project would be conditioned not to meet exceed the total allowable peak runoff rate during the 100-year, 24-hour storm event of 0.42-acre CFS per acre standard for new developments north of Half Road as described in the 2022 Madrone Channel Capacity Study by Akel Engineering. Therefore, the proposed project would not significantly increase stormwater flows into Madrone Channel.

The above revision is for clarification purposes only and does not affect the conclusions of the Draft EIR.

Response to Comment 2-6
Please see Response to Comment 2-5.

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September 2026
Chapter 2 – Responses to Comments

Response to Comment 2-7
In order to analyze post-development peak flows draining to the Madrone Channel, the Stormwater and Hydrology Report prepared for the proposed project analyzes development of the 15.8-acre project site within the overall 114.3-acre watershed area. The Stormwater and Hydrology Report does not characterize the overall 114.3-acre watershed area as the project site, but rather the broader cumulative setting for which impacts related to hydrology were analyzed.

Therefore, the Stormwater and Hydrology Report is consistent with the proposed project evaluated in the Draft EIR.

Response to Comment 2-8
The comment is a conclusion statement and does not address the adequacy of the Draft EIR.

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DePaul Residences Project
September 2026
Chapter 2 – Responses to Comments

DEPAUL RESIDENCES PROJECT

DRAFT EIR COMMENT MEETING SUMMARY
Date: June 16, 2026
Time: 6:00 PM
Location: Virtual Meeting
Verbal Comments from Members of the Public:

Commenter 1 (Murali Chirala)
• Commenter asks question about increased traffic on Cochrane Road that could lead to backup onto and from US 101, and asks if a study has been conducted to analyze such impacts.
• Commenter states that US 101 needs four lanes to accommodate growth in Morgan Hill.

Letter 3
3-1

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DePaul Residences Project
September 2026
Chapter 2 – Responses to Comments

LETTER 3: SUMMARY OF VERBAL COMMENTS RECEIVED AT THE

DRAFT EIR COMMENT MEETING
Response to Comment 3-1
As discussed in Chapter 4.4, Transportation, of the Draft EIR, pursuant to CEQA Guidelines Section 15064.3, environmental documents must use VMT rather than level of service (LOS) as the metric to analyze transportation impacts. Therefore, the analysis included in the Draft EIR focuses on VMT, and comments related to LOS are not related to the adequacy of the Draft EIR.

The State’s requirement to transition from LOS to VMT is aimed at promoting infill development, public health through active transportation, and a reduction in greenhouse gas (GHG) emissions.

However, the LOS analysis included in the Transportation Analysis prepared by Hexagon (attached as Appendix E of the Draft EIR) is for use by the City in determining consistency with General Plan goals and policies.

While not a CEQA concern, as discussed in the Transportation Analysis prepared for the proposed project, the results of the freeway LOS analysis show that directional mixed-flow lanes and one directional high occupancy vehicle (HOV) lane on 10 of the 14 freeway segments analyzed are projected to operate at an unacceptable LOS F during at least one peak hour under existing conditions and would continue to operate at LOS F conditions with the addition of the project’s minimal contribution to freeway traffic. Improvement of freeway segment operations would require freeway widening to construct additional through lanes, thereby increasing freeway capacity. VTA’s Valley Transportation Plan (VTP) 2040 identifies freeway express lane projects along US 101 between Cochrane Road and Whipple Avenue. The planned improvements consist of the conversion of the existing HOV lane to an express lane and the construction of a second express lane in each direction on US 101. The improvements would increase the capacity of the freeway and help to address the existing deficiency in freeway operations. It is not feasible for an individual development project to bear responsibility for implementing such extensive transportation system improvements due to constraints in the acquisition and cost of right-of-way.

In addition, as shown in Tables 6, 7, and 8 of the Transportation Analysis, increases in traffic associated with the proposed project in combination with existing, 2035 cumulative, or 2050 cumulative traffic volumes would not result in an LOS deficiency at any Cochrane Road intersection, including the US 101 Southbound Ramp/Cochrane Road and US 101 Northbound Ramp/Cochrane intersections. The Transportation Analysis did not identify any adverse Cochrane Road intersection operation effects under existing or cumulative conditions, and improvement measures for such intersections were not identified.

3. REVISIONS TO THE DRAFT EIR TEXT

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DePaul Residences Project
September 2026
Chapter 3 – Revisions to the Draft EIR Text

3.1 INTRODUCTION
The Revisions to the Draft EIR Text chapter provides all corrections, additions, and revisions made to the Draft EIR. The changes represent minor clarifications and amplifications of the analysis contained in the Draft EIR and do not constitute significant new information that, in accordance with CEQA Guidelines Section 15088.5, would trigger the need to recirculate portions or all of the Draft EIR. Please refer to the discussion of this topic provided in Section 1.5 of Chapter 1, Introduction and List of Commenters, of this Final EIR.

3.2 DESCRIPTION OF CHANGES
New text is double underlined and deleted text is struck through. Text changes are presented in the page order in which they appear in the Draft EIR.
2 Executive Summary

The project site currently consists of an undeveloped vacant field with a driveway off of Cochrane Road and an unpaved private roadway that encircles the eastern portion of the project site. An existing five-foot wide planting strip is located along the project frontage of DePaul Drive, which includes existing bioretention planters designed to mitigate runoff from the Cochrane Technology Center development to the south of the project site. An existing stormwater detention pond with a 30-inch outfall to the Madrone Channel, currently serving the Cochrane Technology Center to the south of the project site, is located in the southern portion of the project site. The Madrone Channel is a groundwater recharge facility, running parallel to the western boundary of the project site, under the jurisdiction of the Santa Clara Valley Water District (Valley Water) that flows into Llagas Creek, which is located south of the City. The Madrone Channel also provides conveyance for flood waters, and pursuant to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) 06085C0444H, effective May 18, 2009, the channel has been accredited to contain the one-percent annual chance flood discharge. The channel has base flood elevations (100-year water surface elevations) that have been determined through a detailed study, and is within FEMA’s special flood hazard area (SFHA) Zone AE. Existing non-native trees are located along Cochrane Road and the Madrone Channel Trail, which is located along the western boundary of the project site. The project site was used in 2018 as a tree nursery to store mature trees in wooden boxes.

The above revision is for clarification purposes only and does not affect the conclusions of the Draft EIR.
3 Project Description

The project site currently consists of an undeveloped vacant field with a driveway off of Cochrane Road and an unpaved private roadway that encircles the eastern portion of the project site. An existing five-foot wide planting strip is located along the project frontage of

3. REVISIONS TO THE DRAFT

EIR TEXT

Final EIR
DePaul Residences Project
September 2026
Chapter 3 – Revisions to the Draft EIR Text

DePaul Drive, which includes existing bioretention planters designed to mitigate runoff from the Cochrane Technology Center development to the south of the project site. An existing stormwater detention pond with a 30-inch outfall to the Madrone Channel, currently serving the Cochrane Technology Center to the south of the project site, is located in the southern portion of the project site. The Madrone Channel is a groundwater recharge facility, running parallel to the western boundary of the project site, under the jurisdiction of the Santa Clara Valley Water District (Valley Water) that flows into Llagas Creek, which is located south of the City. The Madrone Channel also provides conveyance for flood waters, and pursuant to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) 06085C0444H, effective May 18, 2009, the channel has been accredited to contain the one-percent annual chance flood discharge. The channel has base flood elevations (100-year water surface elevations) that have been determined through a detailed study, and is within FEMA’s special flood hazard area (SFHA) Zone AE. Existing non-native trees are located along Cochrane Road and the Madrone Channel Trail, which is located along the western boundary of the project site. The project site was used in 2018 as a tree nursery to store mature trees in wooden boxes.

Vegetation planted near the Madrone Channel would be required to comply with the planting guidelines in the City’s adopted Santa Clara Valley Water Resources Protection Collaborative (Valley Water Collaborative) Guidelines and Standards for Land Use Near Streams.1
The associated footnote to the above revised sentence is hereby revised as follows:
1 Santa Clara Valley Water Resources Protection Collaborative. Guidelines and Standards for Land Use Near Streams: A Manual of Tools, Standards, and Procedures to Protect Streams and Streamside Resources in Santa Clara County. Revised July 2006.

The above revisions are for clarification purposes only and do not affect the conclusions of the Draft EIR.

4.0 Introduction to the Analysis
The revisions shown on page 4.0-9 in Chapter 4.0, Introduction to the Analysis, of the Draft EIR are hereby revised as shown in red text below:

In addition, according to the 2022 Madrone Channel Study prepared by Akel Engineering, Madrone Channel currently maintains 120 cubic feet per second (CFS) of excess capacity.

According to the Madrone Channel Study, the existing excess capacity within Madrone Channel would allow for new development within the immediate vicinity of the Madrone Channel, including the proposed project, to increase runoff flows into the channel by up to a maximum of 0.42 CFS per acre. Similar to the recent Trammel Crow/Redwood Tech project on the adjacent southerly parcel, as well as the Crosswinds project across the street from the project site, the proposed project would be conditioned not to meet exceed the total allowable peak runoff rate during the 100-year, 24-hour storm event of 0.42-acre CFS per acre standard for new developments north of Half Road as described in the 2022 Madrone Channel Capacity Study by Akel Engineering. Therefore, the proposed project would not significantly increase stormwater flows into Madrone Channel.

The above revision is for clarification purposes only and does not affect the conclusions of the Draft EIR.

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Chapter 3 – Revisions to the Draft EIR Text

8 References

41. Santa Clara Valley Water Resources Protection Collaborative. Guidelines and Standards for Land Use Near Streams: A Manual of Tools, Standards, and Procedures to Protect Streams and Streamside Resources in Santa Clara County. Revised July 2006.

The above revision is for clarification purposes only and does not affect the conclusions of the Draft EIR.

4. MITIGATION MONITORING AND

REPORTING PROGRAM

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Chapter 4 – Mitigation Monitoring and Reporting Program

4.1 INTRODUCTION
Section 15097 of the California Environmental Quality Act (CEQA) requires all State and local agencies to establish monitoring or reporting programs for projects approved by a public agency whenever approval involves the adoption of either a “Mitigated Negative Declaration” or specified environmental findings related to an EIR.

The following is the Mitigation Monitoring and Reporting Program (MMRP) for the DePaul Residences Project (proposed project). The intent of the MMRP is to ensure implementation of the mitigation measures identified within the EIR for the proposed project. Unless otherwise noted, the cost of implementing the mitigation measures as prescribed by this MMRP shall be funded by the project applicant.

4.2 COMPLIANCE CHECKLIST
The MMRP contained herein is intended to satisfy the requirements of CEQA as they relate to the EIR for the proposed project prepared by the City of Morgan Hill. This MMRP is intended to be used by City of Morgan Hill staff and mitigation monitoring personnel to ensure compliance with mitigation measures during project implementation. Mitigation measures identified in this MMRP were developed in the EIR that was prepared for the proposed project.

The DePaul Residences Project EIR presents a detailed set of mitigation measures that will be implemented by the proposed project. Mitigation is defined by CEQA Guidelines Section 15370 as a measure that:
• Avoids the impact altogether by not taking a certain action or parts of an action; • Minimizes impacts by limiting the degree or magnitude of the action and its implementation;
• Rectifies the impact by repairing, rehabilitating, or restoring the impacted environment; • Reduces or eliminates the impact over time by preservation and maintenance operations during the life of the project; or
• Compensates for the impact by replacing or providing substitute resources or environments.

The intent of the MMRP is to ensure the implementation of adopted mitigation measures. The MMRP will provide for monitoring of construction activities as necessary and in-the-field identification and resolution of environmental concerns.

Monitoring and documenting the implementation of mitigation measures will be coordinated by the City of Morgan Hill. The table attached to this report identifies the mitigation measure, the monitoring action for the mitigation measure, the responsible party for the monitoring action, and timing of the monitoring action. The applicant will be responsible for fully understanding and effectively implementing the mitigation measures contained within the MMRP. The City will be responsible for monitoring compliance.

4. MITIGATION MONITORING AND

REPORTING PROGRAM

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Chapter 4 – Mitigation Monitoring and Reporting Program

4.3 MITIGATION MONITORING AND REPORTING PROGRAM
The following table indicates the mitigation measure number, the impact the measure is designed to address, the measure text, the monitoring agency, the implementation schedule, and an area for sign-off indicating compliance.

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Chapter 4 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
DePaul Residences Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off

4.1 Agricultural Resources

4.1-1 Convert Prime Farmland,
Unique Farmland, or
Farmland of Statewide
Importance (Farmland),
as shown on the maps
prepared pursuant to the
Farmland Mapping and
Monitoring Program of
the California Resources
Agency, to nonagricultural use.

4.1-1 Prior to final subdivision map approval, the
project applicant shall either set aside in
perpetuity, at a minimum ratio of 1:1 of active
agricultural acreage, an amount equal to the
total project site acreage or pay an agricultural
preservation in-lieu fee to the City. In addition
to land acquisition/dedication or payment of the
agricultural preservation in-lieu fee, the project
applicant shall pay an agricultural lands
preservation program surcharge fee on a peracre basis. If the applicant chooses to set aside active agricultural acreage, the lands to be
used as agricultural mitigation shall conform to
the definitions for agricultural mitigation land
and/or open agricultural land as defined in
Section 18.152.030 of the Morgan Hill
Municipal Code, and shall meet the following
criteria:

A. Agricultural conservation easements
shall be acquired from willing sellers
only; eminent domain shall not be used
to acquire lands for conservation;
B. The property is of adequate size,
configuration and location to be viable
for continued agricultural use;
C. The land shall have access to an
adequate water supply to maintain the
purposes of the easement (i.e., to
irrigate farmland if the converted
farmland is irrigated or capable of
irrigation). The water supply shall be
City of Morgan
Hill Planning
Division
Prior to final
subdivision map
approval

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Chapter 4 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
DePaul Residences Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
sufficient to support ongoing
agricultural uses, and the water rights
on the agricultural mitigation land shall
be protected in the agricultural
conservation easement;
D. Other considerations for appropriate
conserved agricultural lands include:
soil type, parcel size, existing irrigation
supplies, strong agricultural production
history, proximity to agricultural
infrastructure, proximity to the first point
of processing, uses on surrounding
lands, and proximity to urban areas
now and into the foreseeable future;
E. The mitigation land shall be located
within Santa Clara County; and
F. The mitigation land may not overlap
with land being acquired as habitat
mitigation by the Santa Clara Valley
Habitat Agency.

The location and amount of active agricultural
acreage shall be subject to review and approval
by the City of Morgan Hill Planning Division.

Proof of payment of the agricultural lands
preservation program surcharge fee and/or the
agricultural preservation in-lieu fee shall be
submitted to the City of Morgan Hill Planning
Division.

4.1-3 Involve changes in the
existing environment
which, due to their
location or nature, could

4.1-3 Implement Mitigation Measure 4.1-1. See Mitigation Measure 4.1-1
See Mitigation
Measure 4.1-1

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MITIGATION MONITORING AND REPORTING PROGRAM
DePaul Residences Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
cumulatively result in loss
of Farmland to nonagricultural use.

4.1 Air Quality and Greenhouse Gas Emissions

4.2-3 Expose sensitive
receptors to substantial
pollutant concentrations.

4.2-3 Implement Mitigation Measure IX-1 included in
the Initial Study prepared for the proposed
project.

See Mitigation
Measure IX-1
See Mitigation
Measure IX-1

4.2-6 Generate GHG
emissions, either directly
or indirectly, that may
have a significant impact
on the environment, or
conflict with an applicable
plan, policy, or regulation
adopted for the purpose
of reducing the emissions
of GHGs.

4.2-6 Implement Mitigation Measure 4.4-3. See Mitigation Measure 4.4-3
See Mitigation
Measure 4.4-3

4.4 Transportation

4.4-1 Conflict with a program,
plan, ordinance, or policy
addressing the circulation
system during
construction activities.

4.4-1 Prior to any construction activities for the
project site, the project applicant shall prepare
a detailed Construction Traffic Control Plan
(CTCP) and submit it for review and approval
by the City Development Services Department.

The applicant and the City shall consult with
Santa Clara County, Caltrans, and local
emergency service providers for their input
prior to approving the CTCP. The CTCP shall
ensure that acceptable operating conditions on
local roadways and freeway facilities are
maintained during construction. A copy of the
CTCP shall be submitted to local emergency
response agencies and the agencies shall be
City of Morgan
Hill
Development
Services
Department
Prior to any
construction
activities for the
project site

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MITIGATION MONITORING AND REPORTING PROGRAM
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Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
notified at least 14 days prior to the
commencement of construction that would
partially or fully obstruct roadways. At a
minimum, the CTCP shall include:
• The number of truck trips, time, and
day of street closures;
• Time of day of arrival and departure of
trucks;
• Limitations on the size and type of
trucks, provision of a staging area with
a limitation on the number of trucks that
can be waiting;
• Provision of a truck circulation pattern
that minimizes effects on existing
vehicle traffic during peak travel
periods and maintains safe bicycle
circulation;
• Resurface and/or repair any damage to
roadways that occurs as a result of
construction traffic;
• Provision of driveway access plans so
that safe vehicular, pedestrian, and
bicycle movements are maintained
(e.g., steel plates, minimum distances
of open trenches, and private vehicle
pickup and drop-off areas);
• Maintain safe and efficient access
routes for emergency vehicles;
• Manual traffic control when necessary;
• Proper advance warning and posted
signage concerning street closures;

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MITIGATION MONITORING AND REPORTING PROGRAM
DePaul Residences Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
• Provisions for pedestrian safety;
• A project staging plan to maximize onsite storage of materials and equipment;
• A set of comprehensive traffic control
measures, including scheduling of
major truck trips and deliveries to avoid
peak hours; lane closure proceedings;
signs, cones and other warning devices
for drivers; and designation of
construction access routes;
• Permitted construction hours, pursuant
to City of Morgan Hill standards;
• Identification of parking areas for
construction employees, site visitors,
and inspectors, including on-site
locations; and
• Provisions for street sweeping to
remove construction-related debris on
public streets.

4.4-3 Conflict or be
inconsistent with CEQA
Guidelines Section
15064.3, subdivision (b).

4.4-3 Prior to occupancy of the first residential unit
associated with the proposed project, the
project applicant shall implement TDM
strategies to reduce the number of vehicle trips
that would be generated by the proposed
project, subject to review and approval by the
City Engineer. The TDM strategies shall
include, but are not necessarily be limited to,
the following programs:
• School Pool Program – The project
applicant shall organize a program that
City of Morgan
Hill City
Engineer
Prior to occupancy
of the first
residential unit
associated with the
proposed project

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Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
matches families in carpools for school
pick-up and drop-off. The school pool
program would be open to all families
in the development. The program shall
be subject to negotiations with the City
and schools serving the project site.
• Implement Bike Sharing Program –
The proposed project shall dedicate
space for or provide subsidies to a bike
sharing system, including a bike share
station, ideally one with high
penetration in a larger area (e.g., Bay
Wheels).
• Voluntary Travel Behavior Change
Program – The proposed project shall
provide a program that targets
individual attitudes towards travel and
would provide tools for individuals to
analyze and alter their travel behavior.

The program could include, but is not
necessarily related to, mass
communication campaigns and travel
feedback programs such as travel
diaries or feedback on calories burned
from activities and travel.

Initial Study
IV-a Have a substantial
adverse effect, either
directly or through habitat
modifications, on any
species identified as a
Northwestern Pond Turtle
IV-1. A northwestern pond turtle survey shall be
conducted by a qualified biologist no more than
48 hours prior to construction in the portion of
the project site where construction activities
City of Morgan
Hill
Development
Within 48 hours
prior to construction
in the portion of the

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Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
candidate, sensitive, or
special status species in
local or regional plans,
policies, or regulations,
or by the California
Department of Fish and
Wildlife or U.S. Fish and
Wildlife Service?
overlap within 100 feet of Madrone Channel.

The results of the survey shall be submitted to
the City of Morgan Hill Development Services
Department.

If northwestern pond turtles or nests are not
found, further mitigation is not necessary. If a
northwestern pond turtle is observed within the
proposed impact area, a qualified biologist shall
relocate the individual to habitat of equivalent
or greater value (e.g., riparian wetlands or
riparian woodlands adjacent to a perennial
creek or intermittent drainage) outside of the
proposed impact area prior to construction. If a
northwestern pond turtle nest is observed
within the proposed impact area, the nest shall
be fenced off and avoided until the eggs hatch.

The exclusion fencing shall be placed no less
than 25 feet from the nest. A qualified biologist
shall monitor the nest daily during construction
to ensure that hatchlings do not disperse into
the construction area. Relocation of hatchlings
shall occur as stipulated above, if necessary.

Crotch’s Bumblebee
IV-2. Prior to commencement of construction
activities, a habitat assessment shall be
conducted by a qualified entomologist
knowledgeable with the life history and
ecological requirements of Crotch’s bumble bee
and submitted to the City of Morgan Hill
Development Services Department for review.

The habitat assessment shall include all
Services
Department
City of Morgan
Hill
Development
Services
Department
California
Department of
project site where
construction
activities overlap
within 100 feet of
Madrone Channel
Prior to
commencement of
construction
activities

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Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
suitable nesting, overwintering, and foraging
habitats within the project area and surrounding
areas. Potential nest habitat (i.e. February
through October) could include that of other
Bombus species such as bare ground, thatched
grasses, abandoned rodent burrows or bird
nests, brush piles, rock piles, and fallen logs.

Overwintering habitat (i.e. November through
January) could include that of other Bombus
species such as soft and disturbed soil or under
leaf litter or other debris. The habitat
assessment shall be conducted during peak
bloom period for floral resources on which
Crotch’s bumble bees feed. Further guidance
on habitat surveys can be found within Survey
Considerations for California Endangered
Species Act (CESA) Candidate Bumble Bee
Species (https://wildlife.ca.gov/Conservation/
CESA).

If Crotch’s bumble bee habitat is present within
the project area, a pre-construction survey shall
be conducted by a qualified entomologist
familiar with the behavior and life history of
Crotch’s bumble bees and submitted to the City
of Morgan Hill Development Services
Department. If CESA candidate bumble bees
will be captured or handled, surveyors should
obtain a 2081(a) Memorandum of
Understanding from CDFW.

Surveys shall be conducted during the colony
active period (i.e., April through August) and
Fish and
Wildlife
(CDFW), if
special-status
bees are
detected

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Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
when floral resources are in peak bloom.

Bumble bees move nest sites each year,
therefore, surveys shall be conducted each
year that project work activities will occur.

Further guidance on presence surveys can be
found within the Survey Considerations for
CESA Candidate Bumble Bee Species,
referenced above.

If Crotch’s bumble bees are detected during
pre-construction surveys, a Crotch’s bumble
bee avoidance plan shall be developed and
provided to City of Morgan Hill Development
Services Department and CDFW for review
prior to work activities involving ground
disturbance or vegetation removal.

Nesting Migratory Birds and Raptors
IV-3. Construction activities shall be scheduled to
avoid the nesting season for most birds in
Santa Clara County (i.e February 1 through
August 31). If construction activities are
scheduled to take place outside the nesting
season, all impacts to nesting birds protected
under the MBTA and California Fish and Game
Code would be avoided.

If construction activities are proposed during
the nesting season (i.e. February 1 to August
31), a preconstruction survey for nesting birds
and other protected migratory birds shall be
conducted by a qualified ornithologist,
consistent with conditions set forth by the
City of Morgan
Hill
Development
Services
Department
Prior to
commencement of
construction
activities if
construction
activities are
proposed during the
nesting season (i.e.

February 1 to
August 31)
Submit survey
results no more
than seven days
prior to the start of

Final EIR
DePaul Residences Project
September 2026
Chapter 4 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
DePaul Residences Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
SCVHP, to ensure that nests are not disturbed
during project implementation. The survey shall
be submitted to the City of Morgan Hill
Development Services Department for review
no more than seven days prior to the start of
construction.

During this survey, the ornithologist shall
inspect all trees and other potential nesting
habitats (e.g., trees, shrubs, ruderal
grasslands, buildings) in and immediately
adjacent to the impact areas for nests. If an
active nest is observed during the survey, the
ornithologist shall determine the extent of a
construction-free buffer zone to be established
around the nest (typically 300 feet for raptors
and 100 feet for other species), to ensure that
no nests of species protected by the MBTA and
California Fish and Game Code shall be
disturbed during project implementation.

Construction activities may only resume within
the non-disturbance buffer after a follow-up
survey by the ornithologist has been conducted
and a report has been prepared indicating that
the nest(s) are no longer active, and that new
nests have not been identified.
construction
IV-f Conflict with the
provisions of an adopted
Habitat Conservation
Plan, Natural
Conservation Community
Plan, or other approved
local, regional, or state
IV-4. Prior to issuance of a grading permit for the
proposed project, the owner or designee shall
pay the Santa Clara Valley Habitat Plan peracre fee in effect for the appropriate fee zone of the project site, nitrogen deposition fees, and
any temporary impact fees, as determined by
the Santa Clara Valley Habitat Agency, in
Santa Clara
Valley Habitat
Agency
City of Morgan
Hill
Development
Prior to issuance of
a grading permit for
the proposed
project

Final EIR
DePaul Residences Project
September 2026
Chapter 4 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
DePaul Residences Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
habitat conservation
plan?
compliance with Section 18.132.050 of the
Morgan Hill Municipal Code and Chapter 9 of
the Santa Clara Valley Habitat Plan.

Services
Department
VII-aiii,aiv,
c,d
Directly or indirectly
cause potential
substantial adverse
effects, including the risk
of loss, injury, or death
involving Seismic-related
ground failure, including
liquefaction?
Directly or indirectly
cause potential
substantial adverse
effects, including the risk
of loss, injury, or death
involving landslides?
Be located on a geologic
unit or soil that is
unstable, or that would
become unstable as a
result of the project, and
potentially result in on- or
off-site landslide, lateral
spreading, subsidence,
liquefaction or collapse?
Be located on expansive
soil, as defined in Table
18-1B of the Uniform
Building Code (1994),
VII-1. Prior to approval of any grading permits, the
project Civil Engineer shall show on the project
plans that the project design adheres to all
engineering recommendations provided in the
Geotechnical Investigation Report prepared for
the project site by Halley & Aldrich, Inc. Proof of
compliance with all recommendations specified
in the Geotechnical Investigation Report shall
be subject to review and approval by the City
Engineer.

The project plans shall include, but not be
limited to, engineering recommendations
included in the Geotechnical Investigation
Report related to seismic design parameters,
site preparation and grading, utility trench
excavation, serpentine fill, foundations, slab-ongrade floors, drainage and landscaping, stormwater infiltration and percolation,
pavement design, exterior concrete slabs and
walkways, corrosivity, retaining walls, and
project review and construction monitoring. The
final project plans and specifications shall be
reviewed by Haley & Aldrich, Inc. prior to
construction to check that the plans are in
general conformance with the intent of the
recommendations. During construction, Haley
& Aldrich, Inc. shall observe and document the
installation of foundations, observe the
condition, and test the compaction of any fill
City of Morgan
Hill City
Engineer
Prior to approval of
any grading permits

Final EIR
DePaul Residences Project
September 2026
Chapter 4 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
DePaul Residences Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
creating substantial direct
or indirect risks to life or
property?
placed at the site to ensure that the contractor’s
work conforms to the geotechnical aspects of
the plans and specifications, and that the
foundation system and paved areas are
constructed in accordance with the design
recommendations.

IX-b Create a significant
hazard to the public or
the environment through
reasonably foreseeable
upset and accident
conditions involving the
likely release of
hazardous materials into
the environment?
IX-1. Prior to approval of any grading or building
permits, a site-specific Asbestos Dust
Mitigation Plan (ADMP) shall be prepared and
approved by the Bay Area Air District (BAAD)
to satisfy the requirements of the Asbestos
Airborne Toxic Control Measures for
Construction, Grading, Quarrying and Surface
Mining Operations. In addition, the project Civil
Engineer shall show on the grading,
excavation, and project plans that the project
design adheres to all engineering
recommendations provided in the site-specific
Soil Management Plan prepared for the
proposed project by Haley & Aldrich, Inc. Proof
of compliance with all recommendations
specified in the Soil Management Plan shall be
subject to review and approval by the City
Engineer to ensure that all recommendations
specified in the Soil Management Plan are
properly incorporated into the project design.

All grading and excavation plans shall be
submitted to the City of Morgan Hill
Development Services Department for review
and approval.

In accordance with the Soil Management Plan
and ADMP, the project plans shall include
Bay Area Air
District (BAAD)
City of Morgan
Hill City
Engineer
City of Morgan
Hill
Development
Services
Department
Prior to approval of
any grading or
building permits

Final EIR
DePaul Residences Project
September 2026
Chapter 4 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
DePaul Residences Project
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule Sign-off
through notation, but not be limited to,
engineering recommendations related to
excavating, grading and disposing of the
naturally occurring asbestos (NOA)-containing
soil. In addition the project applicant shall
prepare Health and Safety Plans, and
implement the recommendations related to
imported fill, noise control, dust control, soil
loading, hauling, and transportation standards
during both excavation and further construction
activities.

RESOLUTION NO. 26-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORGAN HILL APPROVING A 114-LOT VESTING
TENTATIVE SUBDIVISION MAP TO SUBDIVIDE THE 15.8-
ACRE SITE INTO 105-LOTS FOR RESIDENTIAL UNITS
AND THE REMAINING 9-LOTS FOR THE ASSOCIATED

ON SITE IMPROVEMENTS FOR COMMON OPEN SPACE

AND INTERIOR ROADWAYS FOR A PROPERTY

LOCATED SOUTH OF COCHRANE ROAD, ALONG THE
WEST SIDE OF DEPAUL ROAD (APN: 728-31-022)
WHEREAS, an SB330 Preliminary Application (PRE2023-0010) for a Builders Remedy application was submitted by TC Morgan Hill Venture, LLC on October 10, 2023 to allow for a residential project for a property designated as commercial; and WHEREAS, the City Council adopted the Housing Element prior to the project submittal and received direction from California Department of Housing (HCD) to continue processing the application as HCD not finalized review and certification of the City Housing Element; and WHEREAS, a Settlement Agreement by and between TC Morgan Hill Venture, LLC, was entered into on October 15, 2025; and
WHEREAS, on April 4,2024, an application was submitted for a 114 lot Vesting Tentative Subdivision Map to develop 105 residential lots with associated parcels for interior common open space and interior roadways for the 15.8-acre site located at the south of Cochrane Road along the west side of DePaul Road (SD2024-0007).

WHEREAS, such request was considered by the Planning Commission at their regular meeting held on October 13, 2026 and recommended approval of said application.

WHEREAS, such request was considered by the City Council at their regular meeting of October 21, 2026; and
WHEREAS, an Environmental Impact Report (EIR) (State Clearinghouse [SCH] Number 2026020243) was prepared for the DePaul Residences Project (proposed project) in accordance with the California Environmental Quality Act (CEQA). The EIR identifies potentially significant impacts associated with the proposed project, as well as applicable mitigation measures that would be required to be implemented as part of the proposed project. A Notice of Preparation (NOP) and an Initial Study were circulated between February 6, 2026, and March 9, 2026, to receive comments regarding the scope and content of the Draft EIR. The Draft EIR was circulated between May 29, 2026, and July 13, 2026; and
WHEREAS, the Environmental Impact Report, incorporating any Addenda, and related Findings of Fact and Statement of Overriding Considerations, and Mitigation Monitoring and

City of Morgan Hill
Resolution No. 26-XXX

Reporting Program for the Project are on file in the Development Services Department located at 17575 Peak Avenue, Morgan Hill, California, 95037, and are available for inspection by any interested person at that location.

WHEREAS, testimony received at a duly-noticed public hearing, along with exhibits and drawings and other materials have been considered in the review process.

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

SECTION 1. The Planning Commission has considered the full record before it, which may include but not limited to the staff report, public testimony, and other materials and evidence submitted or provided. Furthermore, the recitals set for above are found to be true and correct and are incorporated herein by reference.

SECTION 2. An Initial Study with EIR and MMRP was prepared for the project in compliance with the CEQA Guidelines and is consistent with the State and Local Guidelines implementing CEQA and is part of the project analysis.

SECTION 3. As a Builder’s Remedy project, this project is deemed consistent, compliant, and in conformity with the General Plan, pursuant to Government Code section 65589.5(f)(6)(D). Accordingly, the Planning Commission finds that the Vesting Tentative Subdivision Map, together with its provisions for design and improvements, satisfies the General Plan consistency requirement of Government Code section 64473.5
SECTION 4. The City Council approves the Vesting Tentative Subdivision Map Exhibit “A” and as conditioned incorporated herein as Exhibit “B”.

City of Morgan Hill
Resolution No. 26-XXX

PASSED AND ADOPTED by the City Council of the City of Morgan Hill at its meeting held on this 21st day of October 2026 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
 CERTIFICATION 
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 26-XXX adopted by the City Council at the meeting held on the 21st day of October 2026.

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

DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

EXHIBIT "A"

STANDARD CONDITIONS
APPLICATION NO: SD2024-0007

THE FOLLOWING INCLUDES HEALTH AND SAFETY REQUIREMENTS, CITY

DEVELOPMENT STANDARDS, AND APPLICABLE SETTLEMENT AGREEMENT

REQUIREMENTS
Legend
MHMC= Morgan Hill Municipal Code
MHARH= Morgan Hill Architectural Review Handbook
CMH= City of Morgan Hill
CFC= California Fire Code
I. PROJECT DESCRIPTION
A request for a Vesting Tentative Subdivision Map to allow for the subdivision on a 15.8- acre site into 114 lots for 105 detached single-family residences with remaining lots for private streets and common opens spaces.

The project shall comply with all requirements of related project approvals granted by the City, including all of the following:

A. Design Permit (SR2024-0011)
B. Environmental Impact Report with Mitigation Monitoring Report Program (EA2024-0008)
C. Settlement Agreement by and between TC Morgan Hill Venture, LLC through its affiliate and project applicant High Street No. Cal Development, Inc. and the City of Morgan Hill
II. PROJECT CONDITIONS OF APPROVAL
This Vesting Tentative Subdivision Map approval is limited to the plan set with approval stamped on file (File Number SD2024-0007) with the Development Services Department. These documents show the location and dimensions of all vehicle and pedestrian circulation ways (ingress/egress), common areas, and other easement areas.

It shall be the responsibility of the Owner to ensure that any changes or modifications to the Map are in compliance with the original City Conditions of Approval of the Project, which are hereby incorporated herein as set forth in full.

SD2024-0007: Cochrane - DePaul Residences
High Street No. Cal Development
Conditions of Approval

PLANNING DIVISION

1. Defense and Indemnity: As part of, and in connection, with this application to the City of Morgan Hill, Applicant agrees to defend, indemnify, and hold harmless the City of Morgan Hill, its officers, agents, employees, officials and representatives (Indemnitees) from and against any and all claims, actions, or proceedings arising from any suit for damages or for equitable or injunctive relief which is filed against City to attack, set aside, void or annul its approval of this application or any related decision, or the adoption of any environmental documents which relates to said approval. The City shall promptly notify the Applicant of any such claim, action or proceeding and the City shall cooperate fully in the defense thereof. In the event that Applicant is required to defend Indemnitees in connection with the proceeding, Indemnitees shall retain the right to approve (a) the counsel to so defend Indemnitees; (b) all significant decisions concerning the manner in which the defense is conducted; and (c) any and all settlements, which approval shall not be unreasonably withheld. This indemnification shall include, but is not limited to, (a) all pre-tender litigation costs incurred on behalf of the City, including City's attorney's fees and all other litigation costs and expenses, including expert witnesses, required to defend against any lawsuit brought as a result of City's approval or approvals; (b) reasonable internal City administrative costs, including but not limited to staff time and expense spent on the litigation, after tender is accepted; and (c) all damages, costs, expenses, attorney fees or expert witness fees that may be awarded to the prevailing party arising out of or in connection with the approval of the application or related decision. City may, in its sole discretion, participate in the defense of such action; but such participation shall not relieve Applicant of its obligations under this condition. The undersigned hereby represents that they are the Applicant or are fully empowered by the Applicant as their agent to agree to provide the indemnification, defense and hold harmless obligations, and the signature below represents the unconditional agreement by Applicant to be bound by such conditions.

2. Term: The Vesting Tentative Subdivision Map approval granted pursuant to this Resolution shall remain in effect for two years from approval date. Failure to record Final Map within this term shall result in termination of approval unless an extension of time is granted with a showing of just cause prior to expiration date.

3. Street Names: Street names, private or otherwise, used to identify building locations shall be submitted at building permit stage to the Planning Division for

SD2024-0007: Cochrane - DePaul Residences
High Street No. Cal Development
Conditions of Approval

approval. Proposed street names shall comply with the Street Naming Policy approved by City Council (Resolution No. 4601).

4. Mitigation Fee Act: Notice is hereby given that, pursuant to the Mitigation Fee Act, the City of Morgan Hill charges certain fees (as such term is defined in Government Code Section 66000) in connection with approval of this development project for the purpose of defraying all or a portion of the cost of public facilities related to this development project (Mitigation Fee Act Fees).

MHMC Section 3.56.050 provides for automatic annual adjustment on January 15 of those fees in existence utilizing the Engineering News Record Index for the preceding twelve months. These fees do not include fees for processing applications for governmental regulatory actions or approvals. The Mitigation Fee Act Fees applying to this project are listed in the schedule of fees to be provided at building permit stage and are generally described below in the Engineering Divisions Conditions, Section __. Notice is also hereby given that the Developer has an opportunity to protest the imposition of the Mitigation Fee Act Fees within 90 days of the approval or conditional approval of this development project and that the 90-day protest period has begun.

5. Covenants, Conditions and Restrictions: The applicant shall provide a set of Covenants, Conditions and Restrictions (CC&R’s), Bylaws and Articles of Incorporation, for review and approval by the Development Services Director prior to final occupancy or recordation of a final map. All such CC&Rs shall include the following:

A. The Owners recognize that the use, modification and proper maintenance of the Common Area and public right-of-way(s)* are for the benefit of all citizens of the City of Morgan Hill (City) and that the City is an intended third-party beneficiary of these covenants, conditions and restrictions and may, upon notice of hearing as set forth below, exercise the same powers of enforcement as the Association.
*Public right-of-way: Exclusive of streets dedicated to and accepted by the City of Morgan Hill.

B. The City may, by mail or personal delivery, give written notice of the breach of any maintenance obligation to the Association with a demand that such breach be remedied. If such breach is not remedied within thirty (30) days of the mailing or delivery of such notice, the City shall have standing and the right (but not the obligation) to bring a court action against the Association and Owners to enforce such provision. In addition, the City shall be entitled to recover reasonable attorneys’ fees and costs incurred in such action.

SD2024-0007: Cochrane - DePaul Residences
High Street No. Cal Development
Conditions of Approval

C. The Notice may also contain a date for a hearing on the matter before a City employee designated by the City (which hearing shall be held no sooner than fifteen (15) days after mailing of such notice), and if after such hearing the City determines that there has been inadequate maintenance, the City shall have the right (but not the obligation) to undertake the maintenance of the Common Area or public right-of-way in question. Any and all costs incurred by the City in so maintaining the Common Area or public right-of-way shall be a lien against all the properties included with the Project and shall be the personal responsibility of the Owners and the Association.

D. The entire Project and all of the properties located thereon shall be subject to the conditions and restrictions of all subdivision and other Project approvals by the City, with respect to the Project. Any changes and/or modifications to the Project and/or any Unit, including but not limited to changes to the exterior of any Unit, may be subject to review and approval of the City of Morgan Hill as may be determined by review of the Project approvals by the City of Morgan Hill.

E. This section may not be amended without the prior written consent of the Development Services Director for the City. Nothing contained in this section shall limit any other right or remedy which the City may have under its ordinances or state law.

F. For the purposes of this section, the question of whether there has been a breach of a maintenance obligation or adequate maintenance shall be determined by the provisions of the original Declaration as first recorded with the County Recorder for Santa Clara County and by any amendment thereto, but only to the extent that such maintenance obligation or duty of maintenance is increased by such amendment.

6. Detention Basin. High Street shall provide approximately 2.2-acre feet of detention volume in the proposed detention basin (approximately 0.43 acres at 5 feet deep or approximately 95,832 cubic feet) for storm water detention to serve the Land Conveyance area. The detention basin is also designed to also serve the Property, the hospital facility across the street, and the Cochrane Tech Center industrial project to the south. The detention basin may be modified during the entitlement and permitting process as needed, provided the minimal storage capacity is maintained. High Street or their successor, will grant to the City a storm drain easement and access easement to the detention basin for maintenance purposes. All properties benefitting from the detention basin shall

SD2024-0007: Cochrane - DePaul Residences
High Street No. Cal Development
Conditions of Approval

provide a fair share contribution toward maintenance of the detention basin and shall separately fund any modifications to the detention basin.

7. Land Conveyance. High Street shall convey to the City 4.719 acres of land that had been designated for development of townhomes under the Formal Application. This land conveyance shall take place within 30 days after final City approval of the Project and the expiration of all applicable administrative appeal deadlines and statutes of limitations. The City shall use the dedicated land to construct affordable housing units in a mixed-use or other project. The number of units to be constructed provides the City with the opportunity to exceed the number (Chapter 14.04) in connection with the Residential Development.

ENGINEERING DIVISION

8. Final Map and Easements
A. Final Map: The project’s tract/final map shall be approved by the City Council prior to issuance of a grading permit. (MHMC 17.20.390; 17.24.210) B. Reciprocal Access: Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all common roads, drives or parking areas shall be provided by CC&R's and by deed and shall be recorded concurrent with the map, or prior to issuance of building permit where no map is involved. (MHMC 17.20.350 H) C. Public Service Easement: The project’s Final Map shall show the dedication to the City of a 10-foot Public Service Easement along the project’s DePaul Drive frontage, behind the property line.

D. Emergency Vehicle Access Easement:
a. The project shall dedicate on the Final Map an Emergency Vehicle Access Easement along a portion of Lot A for the benefit of the future City property to the north of the project site with current Assessor’s Parcel Number 728-31-021.
b. The following draft easement statement shall be reviewed by the Developer and will be finalized at Final Map stage:
• We hereby reserve for the benefit of the owner(s) of Parcel "B" (as shown on Certificate of Compliance Lot Line Adjustment as evidenced by document recorded November 21, 2025 as
Instrument No. 25907679 of Official Records) a perpetual, nonexclusive easement for access of emergency vehicles over, on and

SD2024-0007: Cochrane - DePaul Residences
High Street No. Cal Development
Conditions of Approval

across those certain areas designated as “Emergency Vehicle Access Easement Area” (EVAEA).

9. Detention Basin
A. Pursuant to the executed Settlement Agreement (under the Terms and Conditions section) between the Developer and the City, the Developer shall provide approximately 2.2-acre feet of detention volume in the proposed detention basin (approximately 0.43 acres at 5 feet deep or approximately 95,832 cubic feet) for storm water detention to serve the future City property to the north of the project site with current Assessor’s Parcel Number 728-31- 021. The City’s review of the final detention basin design and confirmation of the storage capacity for the future City property will be performed at building permit/improvement plan stage.

B. Also pursuant to the executed Settlement Agreement, the Developer shall grant to the City a storm drain easement and access easement to the detention basin for maintenance purposes. Moreover, all properties benefitting from the detention basin will be required to provide a fair share contribution toward maintenance of the detention basin and shall separately fund any modifications to the detention basin.
a. The Draft Detention Basin Easement Agreement, prepared by the Developer, that covers the storm drain and access easements, and the fair share contribution of benefitting properties toward the detention basin maintenance, shall be finalized and executed prior to Final Map approval.

10. Land Conveyance: Pursuant to the executed Settlement Agreement (under the Terms and Conditions section) between the Developer and the City, the Developer shall convey to the City 4.719 acres of land that had been designated for development of townhomes and the land conveyance will take place within 30 days after final City approval of the Project and the expiration of all applicable administrative appeal deadlines and statutes of limitations.

11. Street Improvements
A. Pavement: The project has proposed utility cuts on DePaul Drive. DePaul Drive was recently reconstructed by the Redwood Tech/Cochrane Technology industrial project located to the south of the project site. The minimum DePaul Drive pavement restoration will be a 2” mill and fill. The extent of pavement restoration will be determined at improvement plan stage.

SD2024-0007: Cochrane - DePaul Residences
High Street No. Cal Development
Conditions of Approval

B. The project shall comply with Chapter 17.34 – Standards for Residential and Private Streets of the Morgan Hill Municipal Code by providing detached sidewalks and park strips, as required for primary residential streets, secondary residential streets and cul-de-sacs.

C. Stamped asphalt or decorative paving will not be allowed within the 10’ Public Service Easement (PSE).

D. Equipment Screening: At improvement plan/building permit stage, show the proposed screening for proposed equipment such as utility meters, backflow prevention devices, irrigation control valves, transformers and pull boxes so as not to be visible from the public right-of-way or common areas.

E. Broadband Connectivity: The project shall comply with the City’s Broadband Standards for conduits installed in the public right-of-way fronting the project site. At building permit/improvement plan stage, the plans shall show the following:
a. New Broadband conduit in the public right-of-way (De Paul Drive) that fronts the project site and will serve the project site. b. New Broadband conduit from the public right-of-way (De Paul Drive) to each unit or occupied building in the project.

F. Most of the frontage improvements along De Paul Drive, except for street trees and its irrigation system, have been constructed by the Redwood Tech/Cochrane Technology industrial project. The street tree locations and species will be reviewed in detail at improvement plan stage.

G. Detailed review of all other proposed street improvements, including Broadband design, will be performed at the building permit/improvement plan stage.

H. At building permit/improvement plan stage, submit to Land Development Engineering a separate set of Offsite Improvement Plans that include the Offsite Civil Plans, Offsite Landscape Plans, Joint Trench Plans, and Public Streetlighting Plans.

12. Guidelines and Standards for Land Use Near Streams: The project shall be in substantial conformance with the City’s adopted Santa Clara Valley Water Resource Protection Collaborative’s “Guidelines and Standards for Land Use Near Streams” as the project is adjacent to Madrone Channel. A copy of the guidelines and standards can be found at
https://www.valleywater.org/contractors/doing-businesses-with-thePage 267 of 420 SD2024-0007: Cochrane - DePaul Residences
High Street No. Cal Development
Conditions of Approval

district/permits-for-working-on-district-land-or-easement/guidelines-andstandards-for-land-use-near-streams.” A. Light Standards: At building permit/improvement plan stage, confirm that the project complies with the following standards.
a. Bright colors and glossy or glare-producing building finishes on structures facing Madrone Channel is avoided.
b. Lighting is directed away from the riparian corridor and the distance of lighting is maximized from riparian corridor

13. Stormwater Management: The project shall comply with the California Regional Water Quality Control Board Central Coast Region (Region 3) Resolution No.

R3-2013-0032 as described and as documented by the Stormwater Management Guidance Manual for Low Impact Development and Post-Construction Requirements (Stormwater Guidance Manual). A copy of the Guidance Manual can be obtained through the following link: https://www.morganhill.ca.gov/DocumentCenter/View/12671/Storm-Water-Management-GuidanceManual?bidId= A. At building permit/improvement plan stage, submit the project’s final Stormwater and Hydrology Report.

B. At building permit/improvement plan stage, provide the following on the plans or in the Stormwater & Hydrology Report:
a. Preliminary orifice details.
b. Stage storage table for each DMA outlining size of orifice, elevation of orifice, and 95th percentile volume elevation corresponding to each DMA. c. Preliminary operation and maintenance information for the proposed postconstruction stormwater facilities to be an attachment to the Stormwater & Hydrology Report. Refer to Section 8 of the City of Morgan Hill Stormwater Management Guidance Manual for LID and Post-Construction Requirements dated June 2015 for Operation and Maintenance Requirements and Chapter 5 of the Stormwater Technical Guide for LID, developed by the Monterey Regional Stormwater Management Program for O&M plan requirements, examples, and templates.
d. Name of the owner of the stormwater facilities and name of responsible party that will conduct operation and maintenance.

C. Trash Full Capture: The project proposes a land use that is considered a priority by the City to implement trash full capture. At improvement plan/building permit stage, the project shall include the installation of a trash full capture system(s) from a list of certified trash full capture systems by the State Water Resources Control Board. The list of certified trash full capture

SD2024-0007: Cochrane - DePaul Residences
High Street No. Cal Development
Conditions of Approval

systems can be viewed from the Water Board’s webpage at:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/tras h_implementation/2022/fullcptre-availabletopublic10-11.pdf

14. Flood Control Standards: The project shall comply with the City’s Flood Control/25-Year Detention Standards per Section 4.1600 Ponding Basin of the Morgan Hill Design Standards. Although the updated Flood Control/25-Year Detention Standard has not been finalized, the project may comply with the following, proposed revised standards:

A. Post-development flows shall not exceed the pre-development flows for the 10-year, 25-year and 100-year design storm events.

B. The 25-year and 100-year design storms shall be based on the criteria in Table 3.4 “Hydrology and Hydraulics Design Criteria for Ponding Basins” of the City’s 2018 Storm Drainage System Master Plan. The Storm Drainage System Master Plan can be accessed at the following:
https://www.morganhill.ca.gov/DocumentCenter/View/23599/Storm-DrainageMaster-Plan-weblink-version C. The release of pre-project flow rates during the storm events is allowed.

15. Fees
A. The project is subject to the Parkland Dedication and Parkland Fee In-Lieu requirements (Morgan Hill Municipal Code Chapter 17.28). a. The project will be required to pay fees in lieu of parkland dedication to meet the parkland obligation. The project’s parkland obligation will be calculated using the formula shown in Municipal Code Section 17.28.060.

Pursuant to Municipal Code Section 17.28.060, the fees are due at the time of filing of the project’s final map but may be deferred to Certificate of Occupancy upon approval of the Applicant’s request to the City Public Services Director. Private recreation credits, which could allow a credit of up to 40% towards the parkland obligation, could be available for private open space(s) within the subdivision that meets the standard requirements listed in Section 17.28.130.
b. The project’s estimated parkland dedication in lieu fee is $1,430,858.88.

This amount includes a private recreation credit for 0.559 acres of amenity areas.

B. The project will be required to pay all applicable impact fees and engineering fees. Pursuant to the Settlement Agreement executed by the Developer and the City on October 15, 2024, the City agreed to use the Impact Fee

SD2024-0007: Cochrane - DePaul Residences
High Street No. Cal Development
Conditions of Approval

Schedule in effect as of the October 10, 2023 submission of the Project’s Preliminary Application.
a. The total estimated amount of impact fees and engineering fees for this project based on the City Fee Schedule effective on 7/1/2023 (including the estimated parkland dedication in lieu fee amount) is $6,258,908.

Impact fees will be due prior to Building Final/Certificate of Occupancy of each unit, and the engineering fees are due prior to Final Map approval.

C. Note that the above fees do not include Building Permit fees nor any other fees due to other City Departments.

16. GENERAL
A. Final Map: The applicant shall have a Final Map prepared by a registered engineer (licensed prior to 01/01/1982: registration number 33,965 or lower) or licensed land surveyor delineating all parcels and easements created.

There shall be concurrence in writing by PG & E, Telephone, Cable TV and any other affected agencies to all improvements and easements which are applicable to them. The number and locations of monuments shall be set as required by the City Engineer. (MHMC 17.20.200 A; 17.20.290; 17.24.010) B. Public and Private Improvements: The applicant shall cause the construction of all public and private improvements in accordance with the latest City Standard Drawings and Specifications. (MHMC 12.02.090 A;

17.32.010 A)
C. Improvement Plans: The applicant shall submit as part of the improvement drawings for the project, profiles of all improvements for the project and typical cross-sections of all streets and details of curbs, gutters, and sidewalks, to be accomplished to the satisfaction of the City Engineer. (MHMC Sec 17.32.060 B; 17.32.070; 17.32.080 A)
a. Improvement plans are to show water lines, sanitary sewer, storm drain system, pavement widths, curve radius, and existing utilities.

D. Encroachment Permit: Obtain necessary encroachment permit from City of Morgan Hill and provide guarantee covering off-site improvements. (MHMC

12.08.040 A; 12.08.090)
E. Subdivision Improvements Agreement: Enter into a Subdivision Improvements Agreement with the City of Morgan Hill to cover required improvements. (MHMC 12.02.150; 17.32.010 B; 17.32.160)

17. STREET IMPROVEMENTS

SD2024-0007: Cochrane - DePaul Residences
High Street No. Cal Development
Conditions of Approval

A. Public and Private Streets: The applicant shall cause the design and construction of all new public and private streets serving the project. The design of all new public and private streets shall be consistent with the General Plan Land Use and Circulation Element as well as the Street Standard Details as contained within the Public Works Standards Details. The construction of the streets shall be undertaken to the lines and grades and in a manner satisfactory to the City Engineer pursuant to City standards. All street improvements shall be constructed to the satisfaction of the City Engineer pursuant to City standards. The timing of the improvements will be determined by the City. (MHMC 12.02.010; 12.02.090; 17.32.060 B; CMH General Plan; CMH Design Standards and Standard Details for Construction)
B. Installation and Dedication of Streets: The project shall install and dedicate street improvements including, but not limited to, curb and gutter, sidewalk, compaction, street paving, oiling, storm drainage facilities, sewer and water, fire protection, undergrounding of utilities and street lighting in conformance with City of Morgan Hill requirements. (MHMC 12.02.010; 12.02.50;

12.02.080; 12.02.100; 17.28.010; 17.32.060)

18. STORM DRAIN SYSTEM
A. Storm Drainage Study: A complete storm drainage study of the proposed development must be submitted showing amount of run-off, and existing and proposed drainage structure capacities. This study shall be subject to review and approval by the City Engineer. All needed improvements will be made by the applicant. No overloading of the existing system will be permitted. (MHMC 17.32.020 B;17.32.090; CMH Design Standards and Standard Details for Construction)
B. Storm Drainage Capacity: Collection system shall be designed to be capable of handling a 10-year storm without local flooding. On-site detention facilities shall be designed to a 25-year storm capacity. Streets shall be designed to carry 100-year storm. Items of construction shall include, but not be limited to installation of storm line extension on proposed public street(s), surface and subsurface storm drain facilities, manholes with manhole frames and covers, catch basins and laterals. Note: the project may be required to retain stormwater runoff as part of resolution R3-2013-0032 prior to releasing discharge rates at pre-development flows. (MHMC 17.32.020 B; 18.74.440; CMH Design Standards and Standard Details for Construction; CMH Storm Drainage System Master Plan)

SD2024-0007: Cochrane - DePaul Residences
High Street No. Cal Development
Conditions of Approval

C. Storm Drainage General Requirements: Prior to issuance of a grading permit, the applicant shall complete the following to the satisfaction of the City Engineer.
a. Storm drain calculations to determine detention/retention pond sizing and operations.
b. Plan describing how material excavated during construction will be controlled to prevent this material from entering the storm drain system. c. Water Pollution Control Drawings (WPCD) for Sediment and Erosion Control.
(CMH Design Standards and Standard Details for Construction)

19. Easement Dedications: The owner shall dedicate all necessary utility easements. (MHMC 12.02.080 D; 17.28.010 A)

20. Undergrounding New Utilities: The applicant shall cause the design and construction required to underground all electric, gas, Cable TV and communication lines within the development. Such design and construction shall be to the satisfaction of the affected utilities and the City Engineer. (MHMC

17.32.020 E.1)

21. Peak Storm Water Runoff Discharge Rates: Post-development peak storm water runoff discharge rates shall not exceed the estimated pre-development rate for developments where the increased peak storm water discharge rate will result in increased potential for downstream erosion. Note: the project may be required to retain stormwater runoff as part of resolution R3-2013-0032 prior to releasing discharge rates at pre-development flows.

22. Design Standards for Structural or Treatment Control BMPs: The postconstruction treatment control BMPs shall incorporate, at a minimum, either a volumetric or flow- based treatment control design standard, or both, as identified below to mitigate (infiltrate, filter or treat) storm water runoff:
a. Volumetric Treatment Control BMP

1. The 85th percentile 24-hour runoff event determined as the maximized capture storm water volume for the area, from the formula recommended in Urban Runoff Quality
Management, WEF Manual of Practice No. 23/ASCE Manual
of Practice No. 87, (1998); or

2. The volume of annual runoff based on unit basin storage water quality volume, to achieve 80 percent or more volume treatment by the method recommended in California
Stormwater Best Management Practices Handbook –
Industrial/ Commercial, (2003); or

SD2024-0007: Cochrane - DePaul Residences
High Street No. Cal Development
Conditions of Approval

3. The volume of runoff produced from a historical-record based reference 24-hour rainfall criterion for “treatment” that achieves approximately the same reduction in pollutant
loads achieved by the 85th percentile 24-hour runoff event. b. Flow Based Treatment Control BMP

1. The flow of runoff produced from a rain event equal to at least two times the 85th percentile hourly rainfall intensity for the area; or

2. The flow of runoff produced from a rain event that will result in treatment of the same portion of runoff as treated using volumetric standards above.

23. Stormwater Runoff Management Plan (SWRMP): The Stormwater Runoff Management Plan shall include sufficient information to evaluate the environmental characteristics of affected areas, the potential impacts of the proposed development on water resources, and the effectiveness and acceptability of measures (post construction BMPs) proposed for managing stormwater runoff.
a. The Stormwater Runoff Management Plan shall be prepared under the direction of a professional civil engineer registered in the State of California. The responsible professional civil engineer shall stamp and sign the approved Stormwater Runoff Management Plan.
b. The developer shall provide a signed certification from the civil engineer responsible for preparing the Stormwater Runoff Management Plan that all stormwater best management practices have been designed to meet the requirements.

24. Stormwater BMP Operation, Maintenance, and Replacement Responsibility a. Prior to building final, the property owner shall submit a signed certification (with signature, date & license number/seal) certifying that all post-construction stormwater management/BMP facilities shown on the as-built drawings were inspected by the civil engineer (or by a qualified third party stormwater inspector hired by the permittee/owner) and have been constructed in accordance with the approved plans and specifications.
b. All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s), an owners' or homeowners' association or other legal entity approved by the City.
c. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans.
d. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the

SD2024-0007: Cochrane - DePaul Residences
High Street No. Cal Development
Conditions of Approval

maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan.

25. Stormwater BMP Operation and Maintenance Agreement (SWBOMA): Prior to the issuance of any building permit requiring stormwater management BMPs, the owner(s) of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management BMPs. The City standard Stormwater BMP Operation and Maintenance Agreement will be provided by Land Development Engineering at building permit/improvement plan stage.

26. Stormwater BMP Inspection Responsibility
A. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a certified Qualified Stormwater Practitioner (QSP).

B. Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year (April 15th and September 15th) by the QSP. Written records shall be kept of all inspections and shall include, at a minimum, the following information:
a. Site address;
b. Date and time of inspection;
c. Name of the person conducting the inspection;
d. List of stormwater facilities inspected;
e. Condition of each stormwater facility inspected;
f. Description of any needed maintenance or repairs; and g. As applicable, the need for site re-inspection.

C. Upon completion of each inspection, an inspection report shall be submitted to Environmental Services Division.

27. Records of Maintenance and Inspection Activities: On or before April 15th and September 15th of each year, the party responsible for the operation and maintenance of on-site stormwater management facilities under the BMP Operation and Maintenance Agreement shall provide the Environmental Services Division with records of all inspections, maintenance and repairs.

28. Annual Certification of SWRMP: On or before September 30th of each year, a Registered Civil Engineer (RCE) shall provide written certification that the project’s stormwater quality design standards are properly maintained and functioning as required by the SWRMP.

SD2024-0007: Cochrane - DePaul Residences
High Street No. Cal Development
Conditions of Approval

FIRE DIVISION

29. Aerial Fire Apparatus Access Roads
A. Where required: Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus.

Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway.

B. Width: Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925) in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height.

C. Proximity to building: At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572) and a maximum of 30 feet (9144mm) from the building, and shall be positioned parallel to one entire side of the building, as approved by the fire code official.

30. Parking Along Roadways: The required width of fire access roadways shall not be obstructed in any manner. Parking shall not be allowed along roadways less than 28 feet in width. Parking will be allowed along one side of the street for roadways 28-35 feet in width. For roadways equal to or greater than 36 feet, parking will be allowed on both sides of the roadway. Roadway widths shall be measured face to face of curb. Parking spaces are based on an 8-foot-wide space.

31. Requirements for Secondary Access Roads (Shall be completed prior to exceeding 101 units)
A. Separation of access roads. Where two access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses (from centerline to centerline).

B. Connection to other roads: Where a secondary access roadway connects to a public or private street there shall be either; no curb, a rolled curb or a driveway cut as approved by the fire code official.

SD2024-0007: Cochrane - DePaul Residences
High Street No. Cal Development
Conditions of Approval

C. Easements: Only lands owned or in control of the property owner, held in common with adjacent properties or publicly owned may be used for secondary access. Secondary access roadways shall not be located in easements through private property unless specifically approved by the fire code official. When easements are required for secondary access roadways, they shall be recorded as Emergency Vehicle Ingress Egress Easements (E.V.I.E.E) granted to the Fire Department.

D. Marking and Identification: When necessary, signs or other approved notices shall be posted at secondary access roadways to prevent obstruction by parked vehicles. Such signs or notices shall be in accordance with Fire Prevention Division Standards.

E. Maintenance: Secondary access roadways shall be maintained at all times by the property owner. The roadway surface gates/locks and vertical and horizontal clearances shall be maintained in serviceable condition.

Maintenance of secondary access roadways on commonly held lands shall be clearly stated in the Covenant, Conditions, and Restrictions (CC&R) or Landscape Maintenance agreements of the development project. The CC&Rs shall mandate that the owners association shall retain professional management to oversee maintenance responsibilities.

HOUSING DIVISION

32. Inclusionary Housing Agreement: The developer shall execute and record an Inclusionary Affordable Housing Agreement with the City prior to prior recordation of a Final Map. Per the settlement agreement, the project shall pay $23.18 per square foot of livable square footage of the single-family residential development to fully satisfy any City inclusionary housing requirement applicable to the Project. Fees are not due until first Certificate of Occupancy per Government Code Section 66007.

33. Economic Contribution. Upon issuance of the first certificate of occupancy for the residential development, High Street shall contribute to the City $500,000 to the Housing fund to help facilitate development of the 4.8-acre parcel for affordable housing.

PARKING PARKING NO NO PARKING NO COCHRANE ROAD
DE PAUL DRIVE VESTING TENTATIVE MAP 3350 Scott Boulevard, Building 22 Santa Clara, California 95054 Phone: (408) 727-6665 www.kierwright.com OF _ SHEETS

SHEET MORGAN HILL,
DATE DEC., 2025
SCALE

SURVEYOR
JOB NO. A18673-8 OF FOR DePAUL RESIDENCES HIGH STREET NO. CAL DEVELOPMENT, INC. CALIFORNIA

DRAWN BY
AS SHOWN NO. REVISION NO. BY REVISION BY

VICINITY MAP

PROJECT DATA

VESTING TENTATIVE MAP
DECEMBER, 2025

DE PAUL DRIVE

MORGAN HILL, SANTA CLARA COUNTY

CALIFORNIA
DePAUL RESIDENCES
RSII
MCT
NOTES & EXISTING CONDITIONS 1.0 N
NOTES
SITE

LEGAL DESCRIPTION ABBREVIATIONS LEGEND
NORTH
TABLE OF CONTENTS “ ”

DE PAUL DRIVE
65 66
68 67
87 70
69 72
71 89
73 74
90 76
75 91
78 77 80
79 93
82 81 84 85
83 86
95 94
62 63
58 59
54 55
50 51
46 47 43
44 45 48 49 52
53 56 57 60 61 64
39 42
38 35 31 34 30 27 23 26 22
21 24 25 28 29 32 33 36 37 40 41
19 20
18 15
16 17 13
11 14
09 12
07 10
08 06
05 03
04 02
01 88
92 LOT A
LOT F
LOT E
LOT H
LOT D

LOT C LOT B
LOT I

DE PAUL DRIVE
97 98 99 100 101 102 103 104
LOT G
96 105 VESTING TENTATIVE MAP 3350 Scott Boulevard, Building 22 Santa Clara, California 95054 Phone: (408) 727-6665 www.kierwright.com OF _ SHEETS

SHEET MORGAN HILL,
DATE DEC., 2025
SCALE

SURVEYOR
JOB NO. A18673-8 OF FOR DePAUL RESIDENCES HIGH STREET NO. CAL DEVELOPMENT, INC. CALIFORNIA

DRAWN BY
AS SHOWN NO. REVISION NO. BY REVISION BY

PROPOSED SUBDIVISION
NORTH
RSII
MCT

2.0

DE PAUL DRIVE

STREET B

STREET B

COURT B

COURT C

COURT D

COURT E

COURT I

COURT H

COURT G

COURT F

COURT A

COURT J

STREET A

COURT M
STREET C DEPAUL DRIVE 91' PUBLIC RIGHT-OF-WAY

COURT P

COURT Q COURT N

COURT L

COURT K

COURT T

COURT S

COURT R

COURT O
COMMON

OPEN SPACE
DW
10'

PUE MADRONE CHANNEL TRAIL
NORTH

VESTING TENTATIVE MAP
3350 Scott Boulevard, Building 22
Santa Clara, California 95054
Phone: (408) 727-6665
www.kierwright.com
OF _ SHEETS SHEET
MORGAN HILL, DATE DEC., 2025 SCALE SURVEYOR JOB NO. A18673-8 OF
FOR
DePAUL RESIDENCES
HIGH STREET NO. CAL DEVELOPMENT, INC.

CALIFORNIA DRAWN BY AS SHOWN
NO. REVISION NO. BY REVISION BY SITEPLAN HWY 101 3.0

MADRONE CHANNEL

BIORETENTION
BASIN

STORM DRAIN
BASIN

DE PAUL DRIVE DE PAUL DRIVE
10'
PUE
NORTH

VESTING TENTATIVE MAP
3350 Scott Boulevard, Building 22
Santa Clara, California 95054
Phone: (408) 727-6665
www.kierwright.com
OF _ SHEETS SHEET
MORGAN HILL, DATE DEC., 2025 SCALE SURVEYOR JOB NO. A18673-8 OF
FOR
DePAUL RESIDENCES
HIGH STREET NO. CAL DEVELOPMENT, INC.

CALIFORNIA DRAWN BY AS SHOWN
NO. REVISION NO. BY REVISION BY GRADING AND UTILITIES 4.1

STREET B

STREET A STREET C
SEE SHEET C4.2 91' PUBLIC RIGHT-OF-WAY

PARKING PARKING
NO NO

PARKING
NO
BOTTOM 375.0
2 FT HIGH BERM ELEVATION VARIES
BENCH 382.7
FLOW
DW
NORTH

VESTING TENTATIVE MAP
3350 Scott Boulevard, Building 22
Santa Clara, California 95054
Phone: (408) 727-6665
www.kierwright.com
OF _ SHEETS SHEET
MORGAN HILL, DATE DEC., 2025 SCALE SURVEYOR JOB NO. A18673-8 OF
FOR
DePAUL RESIDENCES
HIGH STREET NO. CAL DEVELOPMENT, INC.

CALIFORNIA DRAWN BY AS SHOWN
NO. REVISION NO. BY REVISION BY GRADING AND UTILTIES 4.2

STREET A

STREET D

STREET E

BIORETENTION
BASIN

STORM DRAIN
BASIN
SEE SHEET C4.1
COMMON

OPEN SPACE
MADRONE CHANNEL TRAIL HWY 101

MADRONE CHANNEL

VESTING TENTATIVE MAP
3350 Scott Boulevard, Building 22
Santa Clara, California 95054
Phone: (408) 727-6665
www.kierwright.com
OF _ SHEETS SHEET
MORGAN HILL, DATE DEC., 2025 SCALE SURVEYOR JOB NO. A18673-8 OF
FOR
DePAUL RESIDENCES
HIGH STREET NO. CAL DEVELOPMENT, INC.

CALIFORNIA DRAWN BY AS SHOWN
NO. REVISION NO. BY REVISION BY
NORTH SECTIONS 5.0 SECTION

D DE PAUL DRIVE SECTION

A SECTION

C SECTION

B STREET A EXISTING BASIN SECTION
E FLOW FLOW FLOW FLOW FLOW OWNED IN FEE TITLE BY SCVWD MADRONE CHANNEL HWY 101 OWNED IN FEE TITLE BY SCVWD MADRONE CHANNEL HWY 101

RESOLUTION NO. 26-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORGAN HILL APPROVING A DESIGN PERMIT TO
ALLOW FOR THE CONSTRUCTION OF 105 SINGLE
FAMILY DETACHED UNITS ON A 15.8-ACRE SITE WITH

ASSOCIATED ON SITE IMPROVEMENTS FOR COMMON

OPEN SPACE FOR A PROPERTY LOCATED SOUTH OF

COCHRANE ROAD, ALONG THE WEST SIDE OF DEPAUL
ROAD (APN: 728-31-022)
WHEREAS, an SB330 Preliminary Application (PRE2023-0010) for a Builders Remedy application was submitted by TC Morgan Hill Venture, LLC on October 10, 2023 to allow for a residential project for a property designated as commercial; and WHEREAS, the City Council adopted the Housing Element prior to the project submittal and received direction from California Department of Housing (HCD) to continue processing the application as HCD not finalized review and certification of the City Housing Element; and WHEREAS, on April 4, 2024, an application was submitted for a Design Permit to develop 105 residential lots with associated on-site and off-site improvements for the 15.8-acre site located at the south of Cochrane Road along the west side of DePaul Road (SR2024-0011); and WHEREAS, a Settlement Agreement by and between TC Morgan Hill Venture, LLC, was entered into on October 15, 2025; and
WHEREAS, such request was considered by the City Council at their regular meeting of October 13, 2026; and
WHEREAS, an Environmental Impact Report (EIR) (State Clearinghouse [SCH] Number 2026020243) was prepared for the DePaul Residences Project (proposed project) in accordance with the California Environmental Quality Act (CEQA). The EIR identifies potentially significant impacts associated with the proposed project, as well as applicable mitigation measures that would be required to be implemented as part of the proposed project. A Notice of Preparation (NOP) and an Initial Study were circulated between February 6, 2026, and March 9, 2026, to receive comments regarding the scope and content of the Draft EIR. The Draft EIR was circulated between May 29, 2026, and July 13, 2026; and
WHEREAS, the Environmental Impact Report, incorporating any Addenda, and related Findings of Fact and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Project are on file in the Development Services Department located at 17575 Peak Avenue, Morgan Hill, California, 95037, and are available for inspection by any interested person at that location.

WHEREAS, testimony received at a duly-noticed public hearing, along with exhibits and drawings and other materials have been considered in the review process.

City of Morgan Hill
Resolution No. 26-XXX

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

SECTION 1. The project has been found consistent with the findings and criteria for Design Review permit approval contained in Section 18.108.040 of the Morgan Hill Municipal Code.
a) The proposed project is consistent with the General Plan and any applicable Specific Plan, Area Plan, or other design policies and regulations adopted by the City Council.

Per Government Code Section 65589.5(d)(5), the project does not have to be consistent with the General Plan.
b) The proposed project complies with all applicable provisions of the zoning code and municipal code.

The project site is zoned Office Commercial. Per Government Code Section 65589.5(d)(5), the project does not have to be consistent with the zoning code. The project as conditioned will meet the Zoning Code, Building Code, Fire Prevention Code, Residential Development Design and Design Standards and Engineering Standards.
c) The proposed project complies with all applicable design standards and guidelines contained in the design review handbook.

Per Government Code Section 65589.5(d)(5), the project is not required to be consistent with the Design Review handbook as the handbook includes subjective - not objective criteria. However, the project has been reviewed for compliance with the Residential Development Design and Design Standards and is found in compliance as conditioned.
d) The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).

An Initial Study with EIR and MMRP was prepared for the project in compliance with the CEQA Guidelines and is consistent with the State and Local Guidelines implementing CEQA and is part of the project analysis. e) The proposed development will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity.

The project and circulation were designed to City standards where feasible.

The project will comply with stormwater and building code requirements

City of Morgan Hill
Resolution No. 26-XXX

and therefore will not be detrimental to the public health, safety, or welfare, and will not be materially injurious to the properties or improvements in the vicinity as identified in the Phase 1 Study for the site. f) The proposed project complies with all applicable design review criteria in Subsection H - Design Review Criteria in Chapter 18.108.040 for Design Permits.

Per Government Code Section 65589.5(d)(5), the project does not have to be consistent with the Design Review criteria as it is subjective. g) For new residential development, the project complies with commitments made through the residential development control system (RDCS).

Commitment requirements of RDCS are suspended as a response to Government Code Section 63000, the “Housing Crisis Act of 2019”.

SECTION 2. The project was reviewed for compliance with the Residential Development Design and Development Standards and as conditioned is found to be in compliance with the Standards.

SECTION 3. The City Council approves the Design Permit SR2024-0011. The design shall be expressly conditioned in conformance with conditions incorporated herein and as attached as Exhibit “A”. Minor deviations to the Design Review permit may be approved by the Development Services Director when consistent with the overall intent of the project.

City of Morgan Hill
Resolution No. 26-XXX

PASSED AND ADOPTED by the City Council of the City of Morgan Hill at its meeting held on this 21st day of October 2026 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
 CERTIFICATION 
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 26-XXX adopted by the City Council at the meeting held on the 21st day of October 2026.

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

DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

EXHIBIT "A"

STANDARD CONDITIONS
APPLICATION NO: SR2024-0011

THE FOLLOWING APPROVAL REQUIREMENTS AND ANY SPECIAL CONDITIONS SHALL BE APPLIED THROUGH THE DEVELOPMENT APPROVAL PROCESS.

Legend
MHMC= Morgan Hill Municipal Code
MHARH= Morgan Hill Architectural Review Handbook
CMH= City of Morgan Hill
CFC= California Fire Code
I. PROJECT DESCRIPTION
Request for a Design Permit to allow for the construction of 105 detached single-family residences. Each residential unit includes a two car garage and is designed as twostories, ranging between 26 and 30-feet in height. The project includes new landscaping around the proposed buildings, along internal drive aisles, and across the site perimeter including a two-foot tall riparian planting landscaped berm along the western boundary of the project site near the existing Madrone Channel and Trail. The project includes two common open space parks; one .22-acre fenced dog park, and one .27-acre common open space area that includes recreation lawn area, a covered picnic area, a play zone for the ages of 2-5 years and 5-12 years old, a fitness station, bench seating area, and a bike rack with bike fixing station.

The project shall comply with all requirements of related project approvals granted by the City, including all of the following:

A. Vesting Tentative Subdivision Map (SD2024-0007)
B. Environmental Impact Report with Mitigation Monitoring Report Program (EA2024-0008)
C. Settlement Agreement by and between TC Morgan Hill Venture, LLC through its affiliate and project applicant High Street No. Cal Development, Inc. and the City of Morgan Hill
II. PROJECT CONDITIONS OF APPROVAL
This Design Permit approval is limited to the plan set with approval stamp on file (File Number SR2024-0011) with the Development Services Department. The approved building plans and landscape plans must be in substantial conformance with the Design Permit plans as determined by the Development Services Director. These documents

SR2024-0011: Cochrane – DePaul Residences
High Street No. Cal Development
Conditions of Approval

show the location and dimensions of all vehicle and pedestrian circulation ways (ingress/egress), common areas, and other easement areas.

It shall be the responsibility of the Owner to ensure that any changes or modifications to the Project or any Unit are in compliance with the original City Conditions of Approval of the Project, which are hereby incorporated herein as set forth in full.

PLANNING DIVISION

DEFENSE AND INDEMNITY

1. As part of, and in connection, with this application to the City of Morgan Hill, Applicant agrees to defend, indemnify, and hold harmless the City of Morgan Hill, its officers, agents, employees, officials and representatives (Indemnitees) from and against any and all claims, actions, or proceedings arising from any suit for damages or for equitable or injunctive relief which is filed against City to attack, set aside, void or annul its approval of this application or any related decision, or the adoption of any environmental documents which relates to said approval. The City shall promptly notify the Applicant of any such claim, action or proceeding and the City shall cooperate fully in the defense thereof. In the event that Applicant is required to defend Indemnitees in connection with the proceeding, Indemnitees shall retain the right to approve (a) the counsel to so defend Indemnitees; (b) all significant decisions concerning the manner in which the defense is conducted; and (c) any and all settlements, which approval shall not be unreasonably withheld. This indemnification shall include, but is not limited to, (a) all pre-tender litigation costs incurred on behalf of the City, including City's attorney's fees and all other litigation costs and expenses, including expert witnesses, required to defend against any lawsuit brought as a result of City's approval or approvals; (b) reasonable internal City administrative costs, including but not limited to staff time and expense spent on the litigation, after tender is accepted; and (c) all damages, costs, expenses, attorney fees or expert witness fees that may be awarded to the prevailing party arising out of or in connection with the approval of the application or related decision. City may, in its sole discretion, participate in the defense of such action; but such participation shall not relieve Applicant of its obligations under this condition. The undersigned hereby represents that they are the Applicant or are fully empowered by the Applicant as their agent to agree to provide the indemnification, defense and hold harmless obligations, and the signature below represents the unconditional agreement by Applicant to be bound by such conditions.

TIME LIMITS

2. Term: The Design Permit approval granted pursuant to this Resolution shall remain in effect for two years from approval date. Failure to obtain building

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permits within this term shall result in termination of approval unless an extension of time is granted with a showing of just cause prior to expiration date.

SITE DEVELOPMENT

3. Final Site Development Plans: Final site development plans shall be reviewed for conformance with SR2024-0011 and in accordance with Morgan Hill Municipal Code Section 18.108.040 (Design Permit) and approved by the Development Services Department prior to issuance of a building permit. All such plans shall include:

A. Detail depicting all concrete curbs as full formed.

B. Provision of catalogue drawings depicting the proposed parking area lighting fixtures. Exterior lighting of the building and site shall be designed so that lighting is not directed onto adjacent properties and light source is shielded from direct off-site viewing.

C. Ramps, special parking spaces, signing and other physical features for the disabled, shall be provided throughout the site for all publicly used facilities.

D. All mechanical equipment, including electrical and gas meters, post indicator valve, backflow prevention devices, etc., shall be architecturally screened from view or located interior to the building. All ground mounted utility appurtenances such as transformers shall not be visible from any public right-of-way and shall be adequately screened through the use or combination of concrete or masonry walls, berming, and landscaping. For additional screening, backflow preventers shall be painted dark green, except the fire connection which shall be painted yellow.

E. All existing on-site overhead utilities shall be placed underground in an approved conduit from the service connection at the street or at the property line to the service connection at the building.

4. Pedestrian Access: The Project shall provide pedestrian walkways in compliance with ADA requirements and with Section 18.72.060.H of the Morgan Hill Municipal Code, which states the following:

A. Parking lots with more than thirty parking spaces shall include a pedestrian walkway in compliance with ADA requirements.

B. The design of the pedestrian walkway shall be clearly visible and distinguished from parking and circulation areas through striping,

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contrasting paving material, or other similar method as approved by the Development Services Director.

5. Electric Vehicle Charging Stations: The Project shall provide electric vehicle charging stations in compliance with the Morgan Hill Municipal Code. The developer shall provide location of each charging station prior to issuance of building permit.

6. Tree Protection: Unless tree removal has been previously approved, all trees located within 25 feet of any site disturbance shall be protected using the following minimum protection measures (these guidelines shall be included with all site development plans):

A. Mark all trees to be saved with a survey flag or ribbon. Do not nail or staple directly to the tree.

B. Erect a temporary fence enclosing an area equal to at least the dripline of the tree (or as far from the trunk as possible). This tree protection zone shall not be used for parking, storage of building materials, or other equipment or the placement of temporary or permanent fill. Signs should be posted identifying the restriction of uses in the tree protection zone.

C. Locate structures, grade changes, and other ground or surface disturbances (e.g. concrete pours) as far as feasible from the “dripline” area of the tree.

D. Avoid root damage through grading, trenching, and compaction, at least within an area 1.5 times the dripline area of the tree. Where root damage cannot be avoided, roots encountered over 1 inch in diameter should be exposed approximately 12 inches beyond the area to be disturbed (towards the tree stem), by hand excavation, or with specialized hydraulic or pneumatic equipment, cut cleanly with hand pruners or power saw and immediately back-filled with soil. Avoid tearing or otherwise disturbing that portion of the roots to remain.

E. The addition of plant or other landscaping materials shall remain outside of the dripline of all trees.

F. All trees proposed to be removed from the project site shall be replaced at a 1:1 ratio with a minimum 15-gallon tree pursuant to Section 12.32.080 of the Municipal Code. Replacement trees shall be consistent with the City of Morgan Hill Master Street Tree Plan. All mitigation/replacement trees shall be shown on the landscape plans and approved by the Development Services Director prior to the issuance of the building/grading permit.

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G. Any tree subject to Chapter 12.32 Protected and Significant Trees of the Morgan Hill Municipal Code requires a Tree Removal Permit from the Development Services Department. The applicant shall request approval prior to removing any significant trees.

BUILDING DESIGN

7. Roof mounted mechanical equipment: All roof mounted mechanical equipment shall be placed within a screened roof top enclosure depicted on the elevation drawings or located below the parapet level and shall not be visible from the ground at any distance from the building. Cross section roof drawings shall be provided at the building permit stage indicating the relative height of the screen wall or parapet. Minimum screen height or parapet depth shall be 5 feet or greater to match the height of any proposed equipment.

8. Building mounted lighting: Lighting fixtures shall not project above the facia or roofline of the building. Any ground mounted lighting projecting onto the building or site shall be subject to the review and approval of the Development Services Director. Adjustment to the lighting intensity may be required after the commencement of the use.

9. Architectural elements
A. All vents, gutters, downspouts, flashing, electrical conduits, etc. shall be painted to match the color of the adjacent surface or otherwise designed in harmony with the building exterior.

B. Soffits and other architectural elements visible from view but not detailed on the plans shall be finished in a material in harmony with the exterior of the building.

10. Landscape maintenance agreement: The applicant may be required to enter into a two-year landscape maintenance agreement effective upon acceptance of landscaping improvements and provide an appropriate bond as required by Section 18.64.070 (Landscaping maintenance and enforcement) of the Municipal Code. If bond is required, amount shall be equal to 100 percent of the value of the landscaping and irrigation improvements for the development project.

11. Planting and irrigation working drawings: Detailed landscape planting and irrigation working drawings shall be submitted to the Development Services Director for approval prior to issuance of building permits. Landscape plans for streets and landscape easements shall be part of the improvement plan submittal.

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12. Lighting: Walkways and pedestrian pathways in landscaped areas or common areas not considered building entrances or a part of parking lot areas shall be illuminated with a minimum of one (1) foot-candle to ensure safe nighttime conditions.

A. A final photometric plan shall be provided for review and approval to the Development Services Director prior to issuance of a building permit.

13. Maintenance of landscaping: The landscaping installed and accepted with this project shall be maintained on the site as stated within the approved plans.

Any alteration or modification to the landscaping shall not be permitted unless otherwise approved by the Development Services Director.

14. Water Conserving Landscape Ordinance: The landscape plans shall be in conformance with the City’s Water Conserving Landscape Ordinance that was developed in accordance with California law. This Ordinance restricts landscaping turf to certain areas, specifies plant selection, requires certain types of irrigation equipment, and calls for the development of comprehensive water use calculations as an aspect of the submitted landscape plans.

15. Reciprocal Ingress/Egress Easements: Prior to issuance of a certificate of occupancy, the property owner shall record an appropriate deed restriction and covenant running with the land subject to review and approval of the Development Services Director for a reciprocal ingress/egress easement along the common driveway.

HABITAT PLAN

16. Fees: The approved project is covered pursuant to the Santa Clara Valley Habitat Plan (Habitat Plan) and subject to fees and conditions contained in the Habitat Plan.

17. Application Package: Prior to issuance of a grading permit, the project shall complete and submit a Habitat Plan Application Package. All fees shall be paid prior to issuance of a grading permit.

18. Conditions: Any additional conditions or mitigations required by the Habitat Plan shall be clearly stated on all plans that involve any ground disturbing activity (i.e. grading plans, improvement plans, paving plans, demolition plans or other plans for site clearing or temporary stockpile of dirt).

AIR QUALITY

19. Dust, Noise, Vibration and Materials Management Plan: A management plan detailing strategies for control of noise, dust and vibration, and storage of

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hazardous materials during construction of the project shall be submitted for review prior issuance of a grading permit and requirements shall be included on all site development and grading plans. The intent of this condition is to minimize construction related disturbance of residents of the nearby or adjacent properties.

20. Basic Construction Mitigation Measure (BCMMs) Related to Dust Suppression. The following measures shall be implemented with the project:

A. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.

B. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.

C. All visible mud or dirt trackout onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.

D. All vehicle speeds on unpaved roads shall be limited to 15 mph.

E. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

F. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.

G. All trucks and equipment, including their tires, shall be washed off prior to leaving the site.

H. Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch layer of compacted layer of wood chips, mulch, or gravel.

I. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s General Air Pollution Complaints phone number shall also be visible to ensure compliance with applicable regulations.

21. Enhanced Best Management Practices for Construction-Related Fugitive Dust Emissions:

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A. Limit the simultaneous occurrence of excavation, grading, and grounddisturbing construction activities..

B. Install wind breaks (e.g., trees, fences) on the windward side(s) of actively disturbed areas of construction. Wind breaks should have at maximum 50 percent air porosity..

C. Plant vegetative ground cover (e.g., fast-germinating native grass seed) in disturbed areas as soon as possible and watered appropriately until vegetation is established.

D. Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent.

E. Minimize the amount of excavated material or waste materials stored at the site.

F. Hydroseed or apply non-toxic soil stabilizers to construction areas, including previously graded areas, that are inactive for at least 10 calendar days.

22. Best Management Practices for Construction-Related GHG Emissions A. Require all construction equipment to be maintained and properly tuned in accordance with manufacturer’s specifications. Equipment should be checked by a certified mechanic and determined to be running in proper condition prior to operation.

B. Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to no more than 2 minutes (A 5-minute limit is required by the state airborne toxics control measure [Title 13, Sections 2449(d)(3) and 2485 of the California Code of Regulations]). Provide clear signage that posts this requirement for workers at the entrances to the site and develop an enforceable mechanism to monitor idling time to ensure compliance with this measure.

CULTURAL RESOURCES

23. Significant historic or archaeological materials: A moderate potential exists for unrecorded historic-period archaeological resources to be within the project area. The developer shall enter into written contracts with an archaeologist and the Tamien Nation Tribe, and pay all fees associated with the activities required by this condition. The following policies and procedures for treatment and disposition of inadvertently discovered human remains or archaeological materials shall apply:

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A. Prior to start of grading or earthmoving activity on the “first day of construction”, the archaeologist and Tamien Nation Tribal Monitor shall hold a pre-construction meeting for the purposes of "cultural sensitivity training" with the general contractor and subcontractors.

B. A Tamien Nation Tribal Monitor shall be present on-site to monitor all ground-disturbing activities and an archaeologist shall be on-call. Where historical or archaeological artifacts are found, work in areas where remains or artifacts are found will be restricted or stopped until proper protocols are met, as described below:
a. Work at the location of the find will halt immediately within fifty feet of the find. If an archaeologist is not present at the time of the discovery, the applicant shall contact an archaeologist for evaluation of the find to determine whether it qualifies as a unique archaeological resource as defined by this chapter;
b. If the find is determined not to be a Unique Archaeological Resource, construction can continue. The archaeologist will prepare a brief informal memo/letter in collaboration with a tribal representative that describes and assesses the significance of the resource, including a discussion of the methods used to determine significance for the find; c. If the find appears significant and to qualify as a unique archaeological resource, the archaeologist will determine if the resource can be avoided and will detail avoidance procedures in a formal memo/letter; and
d. If the resource cannot be avoided, the archaeologist in collaboration with a tribal representative shall develop within forty-eight hours an action plan to avoid or minimize impacts. The field crew shall not proceed until the action plan is approved by the Development Services Director. The action plan shall be in conformance with California Public Resources Code §21083.2.

C. The following policies and procedures for treatment and disposition of inadvertently discovered human remains or archaeological materials shall apply. If human remains are discovered, it is probable they are the remains of Native Americans,
a. If human remains are encountered, they shall be treated with dignity and respect as due to them. Discovery of Native American remains

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is a very sensitive issue and serious concern. Information about such a discovery shall be held in confidence by all project personnel on a need-to-know basis. The rights of Native Americans to practice ceremonial observances on sites, in labs and around artifacts shall be upheld.
b. Remains should not be held by human hands. Surgical gloves should be worn if remains need to be handled.
c. Surgical mask should also be worn to prevent exposure to pathogens that may be associated with the remains.

D. In the event that known or suspected Native American remains are encountered, or significant historic or archaeological materials are discovered, ground-disturbing activities shall be immediately stopped.

Examples of significant historic or archaeological materials include, but are not limited to, concentrations of historic artifacts (e.g., bottles, ceramics) or prehistoric artifacts (chipped chert or obsidian, arrow points, ground stone mortars and pestles), culturally altered ash stained midden soils associated with pre-contact Native American habitation sites, concentrations of firealtered rock and/or burned or charred organic materials and historic structure remains such as stone lined building foundations, wells or privy pits. Ground-disturbing project activities may continue in other areas that are outside the exclusion zone as defined below.

E. An "exclusion zone" where unauthorized equipment and personnel are not permitted shall be established (e.g., taped off) around the discovery area plus a reasonable buffer zone by the contractor foreman or authorized representative, or party who made the discovery and initiated these protocols, or if on-site at the time or discovery, by the monitoring archaeologist and tribal representative (typically twenty-five to fifty feet for single burial or archaeological find).

F. The discovery locale shall be secured (e.g., 24-hour surveillance) as directed by the City or County if considered prudent to avoid further disturbances.

G. The Contractor Foreman or authorized representative, or party who made the discovery and initiated these protocols shall be responsible for immediately contacting by telephone the parties listed below to report the find and initiate the consultation process for treatment and disposition:
• The City of Morgan Hill Development Services Director (408) 779- 7247

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• The Contractor’s Point(s) of Contact
• The Coroner of the County of Santa Clara (if human remains found) (408) 793-1900
• The Native American Heritage Commission (NAHC) in Sacramento (916) 653-4082
• The Amah Mutsun Tribal Band (916) 481-5785 (H) or (916) 743-5833 (C)
• The Tamien Nation (707)295-4011 (office) and (925)336-5359 (THPO)
H. The Coroner has two working days to examine the remains after being notified of the discovery. If the remains are Native American the Coroner has 24 hours to notify the NAHC.

I. The NAHC is responsible for identifying and immediately notifying the Most Likely Descendant (MLD). (Note: NAHC policy holds that the Native American Monitor will not be designated the MLD.)
J. Within 24 hours of their notification by the NAHC, the MLD will be granted permission to inspect the discovery site if they so choose.

K. Within 24 hours of their notification by the NAHC, the MLD may recommend to the City’s Development Services Director the recommended means for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The recommendation may include the scientific removal and non-destructive or destructive analysis of human remains and items associated with Native American burials. Only those osteological analyses or DNA analyses recommended by the appropriate tribe may be considered and carried out.

L. If the MLD recommendation is rejected by the City of Morgan Hill the parties will attempt to mediate the disagreement with the NAHC. If mediation fails then the remains and all associated grave offerings shall be reburied with appropriate dignity on the property in a location not subject to further subsurface disturbance.

NOISE

24. Construction Hours: The project shall comply with Chapter 8.28 of the Morgan Hill Municipal Code which prohibits construction activities between 8:00 PM and 7:00 AM, Monday through Friday, and between 6:00 PM and 9:00 AM on Saturdays. Construction activities may not occur on Sundays or federal holidays.

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GENERAL

25. Mitigation Fee Act: Notice is hereby given that, pursuant to the Mitigation Fee Act, the City of Morgan Hill charges certain fees (as such term is defined in Government Code Section 66000) in connection with approval of this development project for the purpose of defraying all or a portion of the cost of public facilities related to this development project (Mitigation Fee Act Fees).

MHMC Section 3.56.050 provides for automatic annual adjustment on January 15 of those fees in existence utilizing the Engineering News Record Index for the preceding twelve months. These fees do not include fees for processing applications for governmental regulatory actions or approvals. The Mitigation Fee Act Fees applying to this project are listed in the schedule of fees to be provided at building permit stage and are generally described below in the Engineering Divisions Conditions. Notice is also hereby given that the Developer has an opportunity to protest the imposition of the Mitigation Fee Act Fees within 90 days of the approval or conditional approval of this development project and that the 90-day protest period has begun.

ENVIRONMENTAL SERVICES

26. After installation of landscaping on property, an irrigation audit, landscape audit, irrigation schedule, and maintenance schedule shall be conducted by a Certified Irrigation Auditor and submitted to the City for final project sign off.

27. A soil management report will need to be completed and submitted with grading permit with the Building Department. The soil analysis shall include:
(1) Soil texture;
(2) Infiltration rate determined by laboratory test or soil texture infiltration rate table;
(3) pH;
(4) Total soluble salts;
(5) Sodium
(6) Percent organic matter; and
(7) Recommendations.

28. Completely fill out and submit the Environmental Services District Checklist. All components of the Checklist must be met/addressed.

29. Please ensure that the Landscaping Cover Sheet (L-1) includes the following information:
a. The following statement needs with the signature of the owner/developer  “After installation of landscaping on property, I agree to have an irrigation audit, landscape audit, irrigation schedule, and maintenance schedule

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conducted by a Certified Irrigation Auditor and submit it to the City for final project sign off”.
b. The following statement needs with the signature of the owner/developer  “I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete landscape documentation package.” c. Add a note that states with the signature of the owner/developer  “The developer will submit receipts and/or invoices for all compost and mulch purchases to Environmental Services Division after final construction”. d. Include the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape with the following statement  “I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan”.

30. Any specific mix/blend for the Bioretention Sod must be specified, and all components must be Low or Very Low Water Use according to the WUCOLD database. Delta Bluegrass offers many varieties of different blends of bioretention sod and some of the mixes are not Low Water Use. All components of the bioretention sod must be listed in the WUCOLS database as Low or Very Low Water Use in order to be approved.

ENGINEERING DIVISION

31. Municipal Infrastructure
a. Sanitary Sewer Capacity Study:
a. A Sanitary Sewer Capacity Study was performed for the project by the City’s Sewer Master Plan consultant, Akel Engineering. Based on the results of the study, there is sufficient capacity in the existing sewer collection system downstream of the project to accommodate the projected post-development flows, and the project does not trigger any of the downstream master plan improvement projects.
b. The estimated fee for the Sanitary Sewer Capacity Study is $12,000.

The final fee amount will be provided to the Developer at building permit/improvement plan stage and will be due prior to Final Map approval.

B. Private Sanitary Sewer Maintenance Agreement: The Owner(s) shall enter into a Private Sanitary Sewer Maintenance Agreement with the City for maintenance of all private sanitary sewer facilities which includes the private sewer mains and sewer laterals. The Agreement shall be recorded at the County Recorder’s Office prior to final map approval.

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C. Submeter and Submeter Permit: The project is proposing two public domestic master water meters. Since all residential units will be served by a public master meter, each unit shall be privately submetered as allowed pursuant to Section 13.04.130.C of the Morgan Hill Municipal Code.
a. At building permit/improvement plan stage, add to the Legend and describe the symbol shown on the plans for the private submeters. b. The private submeters shall be accessible to the owners and City inspector.
c. The Developer shall also comply with the following:
1) The Developer/Owner shall obtain approval/permit from the Public Works Department for the submeter system.
(a) Any submeters shall accurately and completely measure all water consumed from the municipal water system.
(b) The Developer/Owner shall agree to charge each unit a water utility charge strictly based on the consumption by the occupants of the unit.
(c) Installation, maintenance and monitoring of the submeter system shall be the responsibility of the Developer/Owner, and in no circumstances shall the City be responsible.
(d) If any water conservation plan is implemented or imposed by the City, the Developer/Owner shall be responsible for
complying with any reductions required by such plan as
measured by consumption on the meter(s) directly connected to the municipal water system.
2) Failure to abide by the above conditions, and/or any other conditions the City may impose, may result in revocation of any permit issued and/or other action as authorized by law, such as at the Developer’s/Owner’s expense to install individual public water meters for each unit.
3) Developer/Owner shall execute an agreement with the City to cover/outline the requirements of Section 13.04.130.C of the Municipal Code to be reviewed and approved by the City Engineer or designee. 4) Records of bookkeeping and private sub-metering usage shall be accurately maintained digitally. Upon request from the City, records shall be produced to the City within a 24-hour period.

D. All new water main installations (public and private) shall adhere to the separation criteria established by the California Waterworks Standards (California Code of Regulations (CCR), Title 22, Division 4, Chapter 16, Section 64572). Any proposal for alternative compliance to these requirements shall be submitted to the State Water Resources Control Board’ Division of Drinking Water, pursuant to CCR, Title 22, Section 64551.100.

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E. All public master meter, irrigation, and fire services shall have backflow preventers. Per City Standards, all meters and backflows shall be located either within the public right-of-way (ROW) or in a Public Service Easement (PSE). The final review of the backflow preventer locations will be performed at building permit/improvement plan stage.

F. At building permit/improvement plan stage, address the following:
a. Show the size and location of the proposed irrigation service lateral(s), meter(s), and backflow preventer(s).
b. Show a public irrigation meter for the project that is separate from the domestic public master meter and locate the public irrigation meter at the DePaul Drive parkstrip or within the Public Service Easement just behind the DePaul Drive detached sidewalk.

G. At building permit/improvement plan stage, add a note on the plans that states all unused existing sewer, water or storm laterals stubbed to the property shall be abandoned at the main per City standards.

H. At building permit/improvement plan stage, add to the Utility Sheets a note stating that the onsite water, sanitary sewer, and storm drain lines are “Private” and will be maintained by the future HOA.

I. At improvement plan stage, utility improvements will be reviewed in detail to verify that there are no conflicts with street trees, offsite stormwater facilities, and other offsite improvements.

32. Guidelines and Standards for Land Use Near Streams: The project shall be in substantial conformance with the City’s adopted Santa Clara Valley Water Resource Protection Collaborative’s “Guidelines and Standards for Land Use Near Streams” as the project is adjacent to Madrone Channel. A copy of the guidelines and standards can be found at
https://www.valleywater.org/contractors/doing-businesses-with-thedistrict/permits-for-working-on-district-land-or-easement/guidelines-andstandards-for-land-use-near-streams.” A. Light Standards: At building permit/improvement plan stage, confirm that the project complies with the following standards.
a. Bright colors and glossy or glare-producing building finishes on structures facing Madrone Channel is avoided.
b. Lighting is directed away from the riparian corridor and the distance of lighting is maximized from riparian corridor

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33. Landscaping
A. The proposed stormwater plantings shall comply with the plant guidance contained in the Central Coast Low Impact Development Initiative (LIDI) website and the Design Guides related to protection of the riparian vegetation in the Santa Clara Valley Water Resources Protection Collaborative’s Guidelines and Standards for Land Use Near Streams.

B. Since the project site is adjacent to the Madrone Channel, the Landscaping Plan shall show the use of locally native plants for all landscaping and revegetation adjacent to a stream and within a riparian area to comply with the City’s adopted Santa Clara Valley Water Resource Protection Collaborative’s “Guidelines and Standards for Land Use Near Streams.” a. There are Elm trees that are proposed along the large storm drain basin.

At building permit/improvement plan stage, confirm that the tree species is not considered as an invasive species per the “Guidelines and Standards for Land Use Near Streams.”
C. Street Trees: The proposed street trees along DePaul Drive shall comply with the street tree species and spacing listed under the applicable zone in the Master Street Tree List of the City’s Master Street Tree Plan and other subsequent amendments. The street tree species will be approved by the City Engineer at improvement plan stage.

D. The project’s Landscape Plans will be reviewed in detail at building permit/improvement plan stage.

34. Stormwater Management: The project shall comply with the California Regional Water Quality Control Board Central Coast Region (Region 3) Resolution No.

R3-2013-0032 as described and as documented by the Stormwater Management Guidance Manual for Low Impact Development and Post-Construction Requirements (Stormwater Guidance Manual). A copy of the Guidance Manual can be obtained through the following link: https://www.morganhill.ca.gov/DocumentCenter/View/12671/Storm-Water-Management-GuidanceManual?bidId= A. At building permit/improvement plan stage, submit the project’s final Stormwater and Hydrology Report.

B. At building permit/improvement plan stage, provide the following on the plans or in the Stormwater & Hydrology Report:
a. Preliminary orifice details.

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b. Stage storage table for each DMA outlining size of orifice, elevation of orifice, and 95th percentile volume elevation corresponding to each DMA.
c. Preliminary operation and maintenance information for the proposed post-construction stormwater facilities to be an attachment to the Stormwater & Hydrology Report. Refer to Section 8 of the City of Morgan Hill Stormwater Management Guidance Manual for LID and Post-Construction Requirements dated June 2015 for Operation and Maintenance Requirements and Chapter 5 of the Stormwater Technical Guide for LID, developed by the Monterey Regional Stormwater Management Program for O&M plan requirements, examples, and templates.
d. Name of the owner of the stormwater facilities and name of responsible party that will conduct operation and maintenance.

C. Trash Full Capture: The project proposes a land use that is considered a priority by the City to implement trash full capture. At improvement plan/building permit stage, the project shall include the installation of a trash full capture system(s) from a list of certified trash full capture systems by the State Water Resources Control Board. The list of certified trash full capture systems can be viewed from the Water Board’s webpage at:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/t rash_implementation/2022/fullcptre-availabletopublic10-11.pdf

35. Flood Control Standards: The project shall comply with the City’s Flood Control/25-Year Detention Standards per Section 4.1600 Ponding Basin of the Morgan Hill Design Standards. Although the updated Flood Control/25-Year Detention Standard has not been finalized, the project may comply with the following, proposed revised standards:

A. Post-development flows shall not exceed the pre-development flows for the 10-year, 25-year and 100-year design storm events.

B. The 25-year and 100-year design storms shall be based on the criteria in Table 3.4 “Hydrology and Hydraulics Design Criteria for Ponding Basins” of the City’s 2018 Storm Drainage System Master Plan. The Storm Drainage System Master Plan can be accessed at the following:
https://www.morganhill.ca.gov/DocumentCenter/View/23599/Storm-DrainageMaster-Plan-weblink-version C. The release of pre-project flow rates during the storm events is allowed.

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36. Fees
A. The project is subject to the Parkland Dedication and Parkland Fee In-Lieu requirements (Morgan Hill Municipal Code Chapter 17.28). a. The project will be required to pay fees in lieu of parkland dedication to meet the parkland obligation. The project’s parkland obligation will be calculated using the formula shown in Municipal Code Section 17.28.060.

Pursuant to Municipal Code Section 17.28.060, the fees will be due at the time of filing of the project’s final map. Private recreation credits, which could allow a credit of up to 40% towards the parkland obligation, could be available for private open space(s) within the subdivision that meets the standard requirements listed in Section 17.28.130.
b. The project’s estimated parkland dedication in lieu fee is $1,430,858.88.

This amount includes a private recreation credit for 0.559 acres of amenity areas.

B. The project will be required to pay all applicable impact fees and engineering fees. Pursuant to the Settlement Agreement executed by the Developer and the City on October 15, 2024, the City agreed to use the Impact Fee Schedule in effect as of the October 10, 2023 submission of the Project’s Preliminary Application.
a. The total estimated amount of impact fees and engineering fees for this project based on the City Fee Schedule effective on 7/1/2023 (including the estimated parkland dedication in lieu fee amount) is $6,258,908.

C. Note that the above fees do not include Building Permit fees nor any other fees due to other City Departments.

37. Improvement Plans: The applicant shall submit as part of the improvement drawings for the project, profiles of all improvements for the project and typical cross-sections of all streets and details of curbs, gutters, and sidewalks, to be accomplished to the satisfaction of the City Engineer. (MHMC Sec 17.32.060 B;

17.32.070; 17.32.080 A)

1. Improvement plans are to show water lines, sanitary sewer, storm drain system, pavement widths, curve radius, and existing utilities.

38. Encroachment Permit: Obtain necessary encroachment permit from City of Morgan Hill and provide guarantee covering off-site improvements. (MHMC

12.08.040 A; 12.08.090)

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Conditions of Approval

39. SANITARY SEWER SYSTEM
A. Design of Sewer Improvements: The applicant shall cause to be undertaken the design and construction of sanitary sewer improvements including, but not limited to installation of sewer line extension on the proposed public street(s) or private street(s)/drive aisle(s). The sanitary collection system shall include, but not be limited to manholes with manhole frames and covers, cleanouts, wye-branches and laterals, and separate sewer taps to each lot. These are to be installed by the developer. (MHMC

13.20.355; 17.32.020 C; CMH Sewer System Master Plan; CMH Design Standards and Standard Details for Construction)
B. Sewer Connection: All existing and future sewer lines shall be tied into the City's system and existing septic systems shall be abandoned in accordance with City requirements. (MHMC 13.24.060; 17.32.20 C)

40. STORM DRAIN SYSTEM
A. Storm Drainage Study: A complete storm drainage study of the proposed development must be submitted showing amount of run-off, and existing and proposed drainage structure capacities. This study shall be subject to review and approval by the City Engineer. All needed improvements will be made by the applicant. No overloading of the existing system will be permitted. (MHMC 17.32.020 B;17.32.090; CMH Design Standards and Standard Details for Construction)
B. Storm Drainage Capacity: Collection system shall be designed to be capable of handling a 10-year storm without local flooding. On-site detention facilities shall be designed to a 25-year storm capacity. Streets shall be designed to carry 100-year storm. Items of construction shall include, but not be limited to installation of storm line extension on proposed public street(s), surface and subsurface storm drain facilities, manholes with manhole frames and covers, catch basins and laterals. Note: the project may be required to retain stormwater runoff as part of resolution R3-2013-0032 prior to releasing discharge rates at pre-development flows. (MHMC 17.32.020 B; 18.74.440; CMH Design Standards and Standard Details for Construction; CMH Storm Drainage System Master Plan)
C. Storm Drainage General Requirements: Prior to issuance of a grading permit, the applicant shall complete the following to the satisfaction of the City Engineer.
a. Storm drain calculations to determine detention/retention pond sizing and operations.

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Conditions of Approval

b. Plan describing how material excavated during construction will be controlled to prevent this material from entering the storm drain system. c. Water Pollution Control Drawings (WPCD) for Sediment and Erosion Control.
(CMH Design Standards and Standard Details for Construction) D. NPDES Construction Activity General Permit/SWPPP Requirements: As required by the State Water Resources Control Board (SWRCB) Order No. 2009-0009-DWQ, construction activity resulting in a land disturbance of one (1) acre or more of soil, or whose projects are part of a larger common plan of development that in total disturbs more than one (1) acre, are required to obtain coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002 for Discharges of Storm Water Associated with Construction Activity (General Permit). To be permitted with the SWRCB under the General Permit, owners must file a complete Notice of Intent (NOI) ONLINE at: http://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.jsp and develop a Storm Water Pollution Prevention Plan (SWPPP) Manual in accordance with the General Permit. The SWPPP Manual shall follow the CASQA SWPPP template/format at
https://www.casqa.org/store/products/tabid/154/p-167-constructionhandbookportal-initial-subscription.aspx and shall be approved by Public Works Engineering. A Waste Discharger Identification (WDID) number to be issued to the construction site after the SWRCB receives and verifies the submitted ONLINE NOI information. The WDID number and approved SWPPP Manual shall be provided to Public Works and the Building Department prior to any approval of grading activities (SWRCB NPDES General Permit CAS000002).

E. NPDES General Permit Site SWPPP Inspections and Compliance:
a. ALL project onsite and offsite construction activity shall have the site inspected by a qualified third party SWPPP Inspector (QSD or QSP or RCE).
b. SWPPP Inspections shall occur weekly during the rainy season (September 15th thru May 1st).
c. SWPPP Inspections shall occur bi-weekly during the non-rainy season. d. 48 hours prior to and following a forecasted rain event, SWPPP Inspections shall occur in addition to those of items 2 or 3 above. e. Per each of the inspection conditions 2, 3, or 4, SWPPP inspection reports, and when applicable, Rain Event Action Plans (REAPS) shall be e-mailed to:
[email protected] no later than 12:00 PM each Monday for the previous week’s inspections with a brief statement whether the site is in compliance or non-compliant.
f. Prior to rain events, BMPs not in compliance will need to be corrected immediately.

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Conditions of Approval

g. Illicit discharges per the NPDES General Permit, non-compliance of tracking control, and inlet protection within the public right-of-way shall be addressed immediately.
h. Other non-compliance issues need to be addressed within a 24-hour period. i. Non-compliance issues which have been corrected shall be verified by NPDES SWPPP Inspector by a follow-up inspection.
j. BMP maintenance/inspections shall include tree protection, if applicable.

F. Private Storm Drain Connection to Public Storm Drain System a. Prior to connection of the private storm drain to the public storm drain system, the point of connection shall be inspected by the City’s Environmental Services staff. Developer/Applicant shall contact SW Construction at [email protected] for the inspection.
b. Prior to acceptance of public improvements or occupancy of the final unit, the private storm drain facilities shall be inspected by Civil Engineer of record and the City’s Environmental Services staff. If necessary, storm drain pipe, inlets, post-construction stormwater control measures, and detention facilities, shall be cleared of foreign debris, sediment or silt.

41. WATER SYSTEM
A. Domestic Water System: The applicant shall cause the design and construction to be undertaken of a domestic water system to the satisfaction of the City Engineer. The water system improvements shall be constructed within public easements or street rights-of-way to the satisfaction of the City Engineer and dedicated to the City. (MHMC 17.32.020 A & D; CMH Design Standards and Standard Details for Construction; CMH Water System Master Plan)
B. Water Well Abandonment: Abandonment of any existing water well shall be in conformance with Santa Clara Valley Water District (SCVWD) Ordinance 90-1. Location and disposition to be shown on the plan. Well(s) shall be properly registered with the SCVWD and either be maintained or abandoned in accordance with SCVWD standards.

C. Water Line Extension: Install water line extension on the proposed public streets and/or private streets. (MHMC 17.32.020 A & D; CMH Water System Master Plan)

42. Landscaping and Irrigation Systems: Landscaping and irrigation systems serving common areas that are required to be installed in the public right-of-way on the perimeter of this project shall be continuously maintained by the property owner or designated maintenance entity.

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43. Final Landscape Plans: Final landscape plans shall be submitted with and included as part of the improvement plans for the project. (MHMC 17.08.090)

44. Pre-construction Meeting: Prior to the approval of any Building Permit for grading activity, the developer shall schedule a pre-construction meeting with the Public Works Inspection Division with the following project team members:
a. Civil Engineer of record
b. Geotechnical Engineer of record
c. Third Party QSD/QSP SWPPP Inspector
d. General Contractor
e. Sub-Contractors

45. As-Built Submittal Standards: The developer shall submit digital as-builts of the project’s Grading Plan, Civil and Landscape Improvement Plans which adhere to the City’s updated GIS/CAD Developer Submittal Standards.

46. NPDES STORMWATER MANAGEMENT DEVELOPMENT STANDARDS
A. Stormwater Post Construction Requirements (PCRs): Project shall comply with the California Regional Water Quality Control Board Central Coast Region Resolution No. R3-2013-0032 as documented by the Stormwater Management Guidance Manual for Low Impact Development and PostConstruction Requirements (developed from Resolution No. R-2013-0032 Attachment 1 and 2 at:
http://www.waterboards.ca.gov/centralcoast/water_issues/programs/stormwat er/docs/lid/lid_hydromod_charette_index.shtml). A copy of the Guidance Manual can be obtained from the City’s Land Development Engineering webpage. Project shall provide Stormwater Runoff Management Plan, Stormwater Control Plan and Checklist, and applicable calculations per the Guidance Manual. Project shall meet the applicable Post-Construction Requirements:

1. Performance Requirement 1: Site Design and Runoff Reduction

2. Performance Requirement 2: Water Quality Treatment

3. Performance Requirement 3: Runoff Retention

4. Performance Requirement 4: Peak Management
B. Peak Storm Water Runoff Discharge Rates: Post-development peak storm water runoff discharge rates shall not exceed the estimated pre-development rate for developments where the increased peak storm water discharge rate will result in increased potential for downstream erosion. Note: the project may be required to retain stormwater runoff as part of resolution R3-2013- 0032 prior to releasing discharge rates at pre-development flows.

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Conditions of Approval

C. Storm Drain System Stenciling and Signage: All storm drain inlets and catch basins within the project area must be stenciled with prohibitive language (such as: “NO DUMPING – DRAINS TO CREEK”) and/or graphical icons to discourage illegal dumping. Signs and prohibitive language and/or graphical icons, which prohibit illegal dumping, must be posted at public access points along channels and creeks within the project area. Legibility of stencils and signs must be maintained.

D. Design Standards for Structural or Treatment Control BMPs: The postconstruction treatment control BMPs shall incorporate, at a minimum, either a volumetric or flow- based treatment control design standard, or both, as identified below to mitigate (infiltrate, filter or treat) storm water runoff:

1. Volumetric Treatment Control BMP
a. The 85th percentile 24-hour runoff event determined as the maximized capture storm water volume for the area, from the formula recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ASCE Manual of Practice No. 87, (1998); or
b. The volume of annual runoff based on unit basin storage water quality volume, to achieve 80 percent or more volume treatment by the method recommended in California Stormwater Best
Management Practices Handbook – Industrial/ Commercial, (2003); or
c. The volume of runoff produced from a historical-record based reference 24-hour rainfall criterion for “treatment” that achieves approximately the same reduction in pollutant loads achieved by the 85th percentile 24-hour runoff event.

2. Flow Based Treatment Control BMP
a. The flow of runoff produced from a rain event equal to at least two times the 85th percentile hourly rainfall intensity for the area; or b. The flow of runoff produced from a rain event that will result in treatment of the same portion of runoff as treated using volumetric standards above.

E. Stormwater Runoff Management Plan (SWRMP): The Stormwater Runoff Management Plan shall include sufficient information to evaluate the environmental characteristics of affected areas, the potential impacts of the proposed development on water resources, and the effectiveness and acceptability of measures (post construction BMPs) proposed for managing stormwater runoff.

1. The Stormwater Runoff Management Plan shall be prepared under the direction of a professional civil engineer registered in the State of

SR2024-0011: Cochrane – DePaul Residences
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Conditions of Approval

California. The responsible professional civil engineer shall stamp and sign the approved Stormwater Runoff Management Plan.

2. The developer shall provide a signed certification from the civil engineer responsible for preparing the Stormwater Runoff Management Plan that all stormwater best management practices have been designed to meet the requirements.

F. Stormwater BMP Operation, Maintenance, and Replacement Responsibility

1. Prior to building final, the property owner shall submit a signed certification (with signature, date & license number/seal) certifying that all post-construction stormwater management/BMP facilities shown on the as-built drawings were inspected by the civil engineer (or by a qualified third party stormwater inspector hired by the permittee/owner) and have been constructed in accordance with the approved plans and specifications.

2. All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s), an owners' or homeowners' association or other legal entity approved by the City.

3. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans.

4. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan.

G. Stormwater BMP Operation and Maintenance Agreement (SWBOMA):

Prior to the issuance of any building permit requiring stormwater management BMPs, the owner(s) of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management BMPs. The City standard Stormwater BMP Operation and Maintenance Agreement will be provided by Land Development Engineering at building permit/improvement plan stage.

H. Stormwater BMP Inspection Responsibility

1. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a certified Qualified Stormwater Practitioner (QSP).

SR2024-0011: Cochrane – DePaul Residences
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Conditions of Approval

2. Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year (April 15th and September 15th) by the QSP. Written records shall be kept of all inspections and shall include, at a minimum, the following information:
a. Site address;
b. Date and time of inspection;
c. Name of the person conducting the inspection;
d. List of stormwater facilities inspected;
e. Condition of each stormwater facility inspected;
f. Description of any needed maintenance or repairs; and g. As applicable, the need for site re-inspection.

3. Upon completion of each inspection, an inspection report shall be submitted to Environmental Services Division.

I. Records of Maintenance and Inspection Activities: On or before April 15th and September 15th of each year, the party responsible for the operation and maintenance of on-site stormwater management facilities under the BMP Operation and Maintenance Agreement shall provide the Environmental Services Division with records of all inspections, maintenance and repairs.

J. Annual Certification of SWRMP: On or before September 30th of each year, a Registered Civil Engineer (RCE) shall provide written certification that the project’s stormwater quality design standards are properly maintained and functioning as required by the SWRMP.

BUILDING DIVISION

47. California Code of Regulations: Project shall be designed to comply with the current edition of the California Codes of Regulations as amended by the Morgan Hill Municipal Code Title 15.

48. Compliance with Morgan Hill Municipal Code: Project shall comply with the Morgan Hill Municipal Code (MHMC) including but not limited to:

A. MHMC 15.65 Sustainable Building Regulations
B. MHMC 15.62.010 Electric Vehicle Charging Infrastructure C. MHMC 15.40 Building Security
D. MHMC 15.38 Wage Theft Preventions
E. MHMC 18.148 Water Conservation
F. MHMC 15.63 Prohibition of Natural Gas Infrastructure in New Buildings

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Conditions of Approval

49. Acoustical Analysis: An acoustical analysis report shall be submitted with the building permit documents showing interior and exterior noise mitigations for compliance to the MHMC, California Building Code and CALGreen Code.

50. Lot lines: Lot lines/property lines cannot cross the proposed buildings. A final recorded map is needed prior to Building permit.

FIRE DIVISION

51. Preliminary Review Only: The requirements and conditions stated in this review are preliminary and are intended to be used for the purposes of project planning. An official Fire Department review of the project will be conducted upon receipt of a complete plan submittal application that clearly shows all intended grading, demolition, construction or building modifications.

52. Proposal limited to: Review of this Development proposal is limited to acceptability of site access as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits.

53. Fire Apparatus (Engine) Access Roads Required: Prior to the commencement of combustible construction, an access roadway with a paved all weather surface and a minimum unobstructed width of 20 feet, vertical clearance of 13 feet, 6 inches shall be provided, with minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%, unless otherwise approved in writing by the Fire Marshal. Installations shall conform to the City of Morgan Hill Standard Details and Specifications 11-B.

54. Fire Hydrant Location Identifier: Prior to project final inspection, the general contractor shall ensure that an approved (“Blue Dot”) fire hydrant location identifier has been placed in the roadway, as directed by the fire department.

55. Timing of Required Roadway Installations: Prior to the commencement of combustible construction, the required roadway installations, up through first lift of asphalt, shall be in place, inspected, and accepted by the City of Morgan Hill unless otherwise approved in writing by the Fire Marshal. Bulk combustible construction materials shall not be delivered to the construction site until installations are completed as stated above. During construction, emergency access roads shall be maintained clear and unimpeded. Issuance of building permits may be withheld until installations are completed.

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Conditions of Approval

56. Timing of Required Water Supply Installations: Prior to the commencement of combustible construction, the required Fire Hydrant and Water Supply installations shall be in place, inspected, tested, and accepted by the Fire Department and the City of Morgan Hill, unless otherwise approved in writing by the Fire Marshal. Bulk construction materials may not be delivered to the construction site until installations are completed as stated above. Clearance for building permits may be held until installations are completed.

57. Fire Lane Marking Required: Provide marking for all roadways within the project. Markings shall be per fire department specifications. Installations shall also conform to Local Government Standards and the City of Morgan Hill Standard Details and Specifications 11-F.

58. Automatic Fire Sprinkler System Required: Buildings requiring automatic fire sprinkler system shall be equipped throughout with an approved automatic fire sprinkler system. The fire sprinkler system shall be hydraulically designed per National Fire Protection Association (NFPA) Standard #13.

59. Private on-site Fire Service Mains and Hydrants: Installations shall conform to National Fire Protection Association Standard #24, and the City of Morgan Hill Standard Details and Specifications. Provide plan submittal to the City of Morgan Hill for review and approval prior to installation.

60. Aerial Fire Apparatus Access Roads
A. Where required: Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus.

Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway.

B. Width: Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925) in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height.

C. Proximity to building: At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572) and a maximum of 30 feet (9144mm) from the building, and shall be positioned parallel to one entire side of the building, as approved by the fire code official.

61. Parking Along Roadways: The required width of fire access roadways shall not be obstructed in any manner. Parking shall not be allowed along roadways less