Part 2 — ZONING DISTRICTS

Chapter 18.16 - RESIDENTIAL DETACHED ZONING DISTRICTS

18.16.010 - Purpose of the residential detached zoning districts.

A.

General. The purpose of the residential detached zoning districts is to support attractive, safe, and friendly single-family residential neighborhoods consistent with Morgan Hill's unique small-town feel. Development within the residential detached zoning districts features high quality design that enhances the visual character of the community. The mass, scale, and design of new homes support pleasant and walkable neighborhoods that complement Morgan Hill's existing community character.

B.

Specific.

1.

Residential Estate (RE). The purpose of the RE zoning district is to provide locations for detached singlefamily homes on large lots in a semi-rural setting. The RE zoning district is divided into three subzones allowing for a range of permitted residential densities.

2.

Residential Detached Low Density (RDL). The purpose of the RDL zoning district is to provide locations for detached single-family homes in low-density single-family neighborhoods. The RDL zoning district is divided into two subzones allowing for a range of permitted residential densities.

3.

Residential Detached Medium Density (RDM). The purpose of the RDM zoning district is to provide locations for detached single-family homes and a limited number of duet units in medium-density singlefamily neighborhoods. The RDM zoning district is divided into two subzones allowing for a range of permitted residential densities.

4.

Residential Detached High Density (RDH). The purpose of the RDH zoning district is to provide locations for detached single-family homes on small lots and a limited number of duet units in high-density single-family neighborhoods.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Permitted Land Uses. Table 18.16-1 identifies land uses permitted in the residential districts.

Table 18.16-1: Permitted Land Uses — Residential Detached Zoning Districts

Notes:

[1] Permitted on corner lots only.

[2] Limited to no more than twenty-five percent of total dwelling units within a single project or subdivision, excluding two-lot subdivisions.

[3] Mushroom farms are prohibited.

[4] On-site sale of products is prohibited.

[5] Park and recreational facilities accessory to a residential use (e.g., a clubhouse serving a residential subdivision) are permitted by right.

B.

Additional Permits. In addition to permits identified in Table 18.16-1, proposed projects in the detached residential zoning districts may also require a design permit pursuant to Section 18.108.040 (Design Permits). Modifications to a historic resource may require a Historic Alteration pursuant to Chapter 18.60 (Historic Resources).

C.

Residential Building Allotments. All residential development must comply with the voter-approved residential development control system (RDCS) as established in Chapter 18.78 (Residential Development Control System). The RDCS requires proposed residential projects to first receive residential building allotments before applying for land use entitlements. Section 18.78.050.C (Exemptions from Allotments) identifies types of residential projects exempt from the requirement to obtain residential building allotments.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2352, § 1, 4-24-2024)

18.16.030 - Development standards.

A.

General. Tables 18.16-2, 18.16-3, and 18.16-4 identify development standards in the residential detached zoning districts.

B.

Garage and Carport Setbacks. The entrance of a garage or carport shall be setback a minimum of twenty feet from the edge of a sidewalk or public right-of-way, whichever is closer. See Figure 18.16-1.

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Figure 18.16-1: Garage Setbacks

C.

Reverse Corner Lots — RDM and RDH Zoning Districts. In the RDM and RDH zoning districts, a fifteen-foot minimum side yard setback is required when the side yard of a two-story residence is adjacent to a rear yard on an adjoining lot. See Figure 18.16-2.

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Figure 18.16-2: Reverse Corner Lots — RDM Zoning District

D.

Reduced Front Setbacks — RDM Zoning District. The minimum front setback in the RDM zoning district is 15 feet for up to a 26-foot wide portion of the front elevation of a home. See Figure 18.16-3.

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Figure 18.16-3: Reduced Front Setback — RDM Zoning District

E.

Cul-De-Sac Lot Width. In all detached residential zoning districts, the minimum width of a cul-de-sac lot is forty feet as measured along the radius of the front property line.

F.

Arterial Roadway Setbacks. The following setback requirements apply to residential development adjacent an arterial roadway, as identified in the general plan.

The minimum front yard setback for residential development fronting an arterial roadway is thirty feet.

2.

All residential development with rear or side yard setback areas adjacent to an arterial street shall provide a minimum fence/wall setback of fifteen feet with an average of twenty feet from the face of the curb.

G.

Freeway Setbacks. The minimum setback for residential development adjacent to the freeway is sixty feet. Accessory structures and ancillary uses, excluding guest houses or other habitable living space, may be located within the sixty-foot setback area.

Table 18.16-2: Residential Estate (RE) District Development Standards

Table 18.16-3: Residential Detached Low and Medium Density District Development Standards

Notes:

[1] The combined lot area of two adjacent duet lots may be no less than the minimum lot area required for single-family detached dwellings.

Table 18.16-4: Residential Detached High Density District Development Standards

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Chapter 18.18 - RESIDENTIAL ATTACHED ZONING DISTRICTS

A.

General. The purpose of the residential attached zoning districts is to provide locations for attached housing types to meet the full range of housing needs in Morgan Hill. The residential attached zoning districts accommodate small lot single-family homes, townhomes, and multifamily dwellings at a range of densities. The residential attached zoning district increases housing options for seniors, young people, renters, and smaller households. Housing in the residential attached zoning district is carefully integrated with surrounding development, supports the economic vitality of nearby commercial areas, and increases opportunities for residents to walk or bike to destinations.

B.

Specific.

1.

Residential Attached Low Density (RAL). The purpose of the RAL zoning district is to provide locations for low density attached housing types. The RAL zoning district is divided into two subzones allowing for a range of permitted residential densities.

2.

Residential Attached Medium Density (RAM). The purpose of the RAM zoning district is to provide locations for medium density attached housing types.

3.

Residential Attached High Density (RAH). The purpose of the RAH zoning district is to provide locations for high density attached housing types typically within and adjacent to Downtown Morgan Hill.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Permitted Land Uses. Table 18.18-1 identifies land uses permitted in the residential attached zoning districts.

Table 18.18-1: Permitted Land Uses — Residential Attached Zoning Districts

Notes:

[1] Supportive Housing consistent with Government Code Sections 65650-65656 shall adhere to entitlement application timing provisions.

[2] Up to twenty-five percent of homes within a development project may be small-lot single family homes with a maximum lot area of three thousand five hundred square feet.

[3] Permitted only on a lot of record existing prior to July 7, 2018.

[4] Park and recreational facilities accessory to a residential use (e.g., a clubhouse serving a residential subdivision) are permitted by right.

B.

Additional Permits. In addition to permits identified in Table 18.18-1, development projects in the attached residential zoning districts may also require a design permit pursuant to Section 18.108.040 (Design Permits). Modifications to a historic resource may require a historic alteration pursuant to Chapter 18.60 (Historic Preservation).

C.

Residential Building Allotments. All residential development must comply with the voter-approved residential development control system (RDCS) as established in Chapter 18.78 (Residential Development Control System). The RDCS requires proposed residential projects to first receive residential building allotments before applying for land use entitlements. Section 18.78.050.C (Exemptions from Allotments) identifies types of residential projects exempt from the requirement to obtain residential building allotments.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2319 N.S., § 2, 1-20-2021; Ord. No. 2352, § 1, 4-242024)

18.18.030 - Development standards.

A.

General. Tables 18.18-2 and 18.18-3 identifies development standards in the residential attached zoning districts.

B.

Alternative Standards for RAL and RAM Zoning Districts. Proposed development in the RAL and RAM zoning districts may utilize alternative development standards in Chapter 18.40 (Alternative Standards for Medium Density Residential Development). These standards apply to small lot single-family homes, townhomes, courtyard homes, and other housing types appropriate for a low- and medium-density residential setting.

C.

Cul-De-Sac Lot Width. The minimum width of a cul-de-sac lot is forty feet as measured along the radius of the front property line.

D.

Arterial Roadway Setbacks. The following setback requirements apply to residential development adjacent an arterial roadway, as identified in the general plan.

1.

The minimum front yard setback for residential development fronting an arterial roadway is thirty feet.

2.

All residential development with rear or side yard setback areas adjacent to an arterial street shall provide a minimum fence/wall setback of fifteen feet with an average of twenty feet from the face of the curb.

Table 18.18-2: Residential Attached Low Density Development Standards

Notes:

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

Table 18.18-3: Residential Attached Medium Density and High Density Development Standards

Notes:

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

E.

Freeway Setbacks. The minimum setback for residential development adjacent to the freeway is sixty feet. Accessory uses and buildings may be located within the sixty-foot setback area.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2362, §§ 2, 3, 2-19-2025)

Chapter 18.22 - MIXED USE ZONING DISTRICTS

A.

General. The purpose of the mixed use zoning districts is to provide for active and inviting destinations in Morgan Hill with a diversity of residential and commercial land uses. In the mixed use zoning districts the design of development supports a welcoming, pedestrian-friendly public realm. A diversity of local and independent businesses, recreational amenities, and public spaces meet the needs of residents, workers, and visitors. New development respects Morgan Hill's history and reflects its unique small-town feel. The diversity of land uses, pedestrian-friendly development, and general level of activity in the mixed use zoning districts supports a range of transportation choices, including walking, biking, and transit.

B.

Specific.

1.

Downtown Mixed Use (MU-D). The purpose of the Downtown Mixed Use (MU-D) zoning district is to preserve and enhance Downtown as the heart of Morgan Hill and the center of the community. New development supports a walkable Downtown district with active storefronts and a diversity of commercial, residential, and public uses. The intensity of residential uses enhances economic vitality, increases housing options for residents of all ages, and support a vibrant and diverse destination for residents and visitors. The MU-D zoning district implements the community's vision for Downtown Morgan Hill as described in the Downtown Specific Plan.

2.

Neighborhood Mixed Use (MU-N). The purpose of the Neighborhood Mixed Use (MU-N) zoning district accommodates a range of residential and commercial land uses in close proximity to Downtown. A range of housing types provide residents with affordable housing options and increase opportunities to live close to stores, services, jobs, and transit. The MU-N zoning district provides a transition from the higher intensity uses in the Downtown Core to lower density residential neighborhoods.

3.

Mixed Use Flex (MU-F). The purpose of the MU-F zoning district is to accommodate a mixture of residential and commercial uses typically along the Monterey Road corridor north and south of Downtown. New mixed use development may be vertical (residences above ground floor commercial) or horizontal (separate buildings with different uses on a single site). Development in the MU-F zoning district creates attractive gateways into Morgan Hill, provides a range of housing options, and creates new centers of activity to serve surrounding neighborhoods.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2319 N.S., § 3, 1-20-2021)

A.

Permitted Land Uses. Table 18.22-1 identifies land uses permitted in the MU-N and MU-F zoning districts. For permitted land uses in the MU-D zoning district, see Figure 8 in the Downtown Specific Plan.

Table 18.22-1: Permitted Land Uses — MU-N and MU-F Zoning Districts

Notes:

[1] Permitted only on a lot of record existing prior to July 7, 2018.

[2] When proposed as a primary use.

[3] On-site wholesale or retail sales required.

[4] Supportive Housing consistent with Government Code Sections 65650-65656 shall adhere to entitlement application timing provisions.

B.

Replacement Housing. Any proposed project that would replace existing rental housing occupied by a low or moderate-income household with commercial development or higher density residential uses shall comply with Municipal Code Chapter 15.30 (Replacement Housing).

C.

Additional Permits. In addition to permits identified in Table 18.22-1, development projects in the mixed use zoning districts may also require a design permit pursuant to Section 18.108.040 (Design Permits). Modifications to a historic resource may require a Historic Alteration pursuant to Chapter 18.60 (Historic Resources).

D.

Residential Building Allotments. All residential development must comply with the voter-approved residential development control system (RDCS) as established in Chapter 18.78 (Residential Development Control System). The RDCS requires proposed residential projects to first receive residential building allotments before applying for land use entitlements. Section 18.78.050.C (Exemptions from Allotments) identifies types of residential projects exempt from the requirement to obtain residential building allotments.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2319 N.S., § 3, 1-20-2021; Ord. No. 2352, § 3, 4-242024)

18.22.030 - Residential and mixed use in the MU-F zoning district.

Residential and residential mixed use is not allowed in the MU-F zoning district until the completion of a master plan for the Monterey Corridor.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2319 N.S., § 3, 1-20-2021)

18.22.040 - Development standards.

A.

General. Table 18.22-2 identifies development standards that apply in the mixed zoning districts.

Table 18.22-2: Development Standards in Mixed Use Zoning Districts

Notes:

[1] 2.25 FAR permitted on sites 22,000 sq. ft. or more.

[2] Four stories and 55 ft. permitted on sites 22,000 sq. ft. or more.

[3] 45 ft. permitted with a minimum of 10 ft. devoted to a roof element.

[4] 40 ft. allowed for vertical mixed use, regardless of roof form.

B.

Setbacks. Table 18.22-3 identifies setback standards that apply in the mixed zoning districts. Within each zoning district, setback standards for residential uses are different from setback standards for nonresidential and mixed use development. See Figure 18.24.

Table 18.22-3: Setback Standards in Mixed Use Zoning Districts

Notes:

[1] Includes mixed use buildings with residential uses above ground floor commercial.

[2] Residential porches and similar entry features may project five feet into the front setback. See Figure 18.22-1.

[3] Building wall must be setback a minimum of ten feet from the edge of curb. See Figure 18.22-2.

[4] Outdoor seating, courtyards, and other publicly-accessible spaces may project five feet into the front setback.

[5] Where a property abuts a residential zoning district or residential land use designation, the property shall comply with increased setbacks, upper story stepbacks, and landscaping standards as specified in Section 18.92.130 (Residential Transition Standards).

C.

Residential Transition Standards — MU-N and MU-F. Where a property zoned MU-N or MU-F abuts a residential zoning district, projects shall comply with increased setbacks, upper story stepbacks, and landscaping standards as specified in Section 18.92.130 (Residential Transition Standards).

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Figure 18.22-1: Permitted Projection Into Front Setback — Residential Uses

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Figure 18.22-2: Minimum Setback From Curb — MU-N Zoning District

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2319 N.S., § 3, 1-20-2021; Ord. No. 2363, § 4, 3-52025)

Chapter 18.24 - Commercial Zoning Districts

18.24.010 - Purpose of the commercial zoning districts.

A.

General. The purpose of the commercial zoning districts is to provide locations for a variety of commercial uses to meet the need of residents, visitors, and workers in Morgan Hill. Development within the commercial zoning districts is attractively designed to enhance Morgan Hill's unique character and economic prosperity. Commercial uses are clustered and concentrated to utilize land resources efficiently and support a balanced transportation system. Employment uses accommodate a diversity of jobs that contribute to a dynamic local economy.

B.

Specific.

1.

Administrative Office (CO). The purpose of the CO zoning district is to provide an area where professional, general commercial offices and limited personal services may develop in close relationship with each other outside of other commercial districts.

2.

Neighborhood Commercial (CN). The purpose of the CN zoning district is to provide a location for retail, office, and service uses to serve residents living in surrounding neighborhoods.

3.

General Commercial (CG). The purpose of the CG zoning district is to provide a location for a broad range of commercial and employment uses to serve Morgan Hill residents, workers, and visitors.

4.

Highway Commercial (CH). The purpose of the CH zoning district is to provide areas adjacent to the freeway that can accommodate highway and tourist-oriented uses and uses which require the high visibility of thoroughfare locations.

5.

Service Commercial (CS). The purpose of the CS zoning district is to provide an area for commercial services that may be inappropriate in neighborhood or pedestrian-oriented shopping areas, and which generally require automotive access for customer convenience, servicing of vehicles or equipment, loading or unloading, or parking of commercial service vehicles.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Permitted Land Uses. Table 18.24-1 identifies land uses permitted in the commercial zoning districts.

Table 18.24-1 Permitted Land Uses in the Commercial Zoning Districts

Notes:

[1] Allowed only when conducted entirely within an enclosed building without outdoor storage and display of vehicles.

[2] Vehicles stored outdoors must be fully screened from public view.

[3] On-site wholesale or retail sales required.

[4] Reproductive health community clinics consistent with Government Code Section 65914.900 are permitted by right.

B.

Additional Permits. In addition to permits identified in Table 18.24-1, development projects in the commercial zoning districts may also require a design permit pursuant to Section 18.108.040 (Design Permits). Modifications to a historic resource may require a Historic Alteration pursuant to Chapter 18.60 (Historic Resources).

C.

Outdoor Uses and Storage. In the commercial zoning districts, all uses shall be conducted wholly within a completely enclosed building except as follows:

1.

In the CS zoning district, outdoor storage associated with any permitted use is allowed with a conditional use permit.

2.

In the CG zoning district, outdoor storage and display associated with a home improvement center is allowed with a conditional use permit.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2310 N.S. § 1, 12-18-2019; Ord. No. 2362, § 4, 2-192025)

A.

General. Table 18.24-2 identifies development standards that apply in the commercial zoning districts.

B.

Residential Transition Standards. Where a property zoned in a commercial zoning district abuts a residential zoning district, projects shall comply with increased setbacks, upper story stepbacks, and landscaping standards as specified in Section 18.92.130 (Residential Transition Standards).

Table 18.24-2: Development Standards in the Commercial Zoning Districts

[1] Where a property abuts a residential zoning district or residential land use designation, the property shall comply with increased setbacks, upper story stepbacks, and landscaping standards as specified in Section 18.92.130 (Residential Transition Standards).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2319 N.S., § 4, 1-20-2021)

Chapter 18.26 - INDUSTRIAL ZONING DISTRICTS

18.26.010 - Purpose of the industrial zoning districts.

A.

General. The purpose of the industrial zoning districts is to provide locations to maintain and focus industrial development in economically and geographically strategic locations in Morgan Hill. Permitted land uses in the industrial zoning districts are limited to avoid potential conflicts that would adversely impact industrial activities. Development is designed to enhance the economic vitality of industrial areas and limit impacts on adjacent development.

B.

Specific.

1.

Commercial Industrial (CI). The purpose of the CI zoning district is to promote job-generating development of lands by allowing flexibility in the mix of industrial, office, and commercial uses that are compatible with existing development. Lodging uses (e.g., hotels) that support primary job generating uses within business districts are allowed.

2.

Light Office Industrial (IO). The purpose of the IO zoning district is to provide areas for mixed administrative and executive office uses in appropriate areas within the community.

3.

Campus Industrial (IC). The purpose of the IC zoning district is to provide an environment exclusively for and conducive to the development and protection of modern administrative facilities, research institutions and specialized manufacturing operations.

4.

Light Industrial (IL). The purpose of the IL zoning district is to provide areas for research, administrative, lighter manufacturing, wholesale and heavy service commercial uses not suitable in commercial districts.

5.

General Industrial (IG). The purpose of the IG zoning district is to provide areas for general industrial, manufacturing, wholesale and service uses needed by the city and region subject to regulations necessary to protect other nearby uses from hazards and noise and other disturbances.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2319 N.S., § 5, 1-20-2021)

A.

Permitted Land Uses. Table 18.26-1 identifies land uses permitted in the industrial zoning districts.

Table 18.26-1 Permitted Land Uses in the Industrial Zoning Districts

Notes:

[1] Retail sale of automotive products allowed only when ancillary to a vehicle repair and maintenance use. Retail display areas for automotive products may not exceed twenty-five percent of the building floor area.

[2] Must be one hundred fifty feet or more from a residential zoning district, otherwise requires a CUP.

[3] Permitted only when ancillary to another permitted use.

[4] Allowed as a primary use only when the planning commission finds that the use supports the primary job-generating uses within a business park setting.

[5] Allowed when accessory to a permitted primary use subject to the limitations in Section 18.26.020.D (Accessory Uses).

[6] Allowed only when accessory to a brewery, winery, or other alcoholic beverage production facility. Tasting rooms must be located within the building occupied by the primary use and may not exceed five thousand square feet or ten percent of the gross floor area of the building, whichever is less.

[7] On-site wholesale or retail sales required.

[8] Conditional use permit required when the type of food being produced will emit a generally offensive odor. Examples include primary processing of seafood, coffee roasting, pickled foods, or processes involving primarily fat and oils.

B.

Additional Permits. In addition to permits identified in Table 18.26-1, development projects in the industrial districts may also require a design permit pursuant to Section 18.108.040 (Design Permits). Modifications to a historic resource may require a Historic Alteration pursuant to Chapter 18.60 (Historic Resources).

C.

Outdoor Uses.

1.

In the IO zoning district, all uses shall be conducted wholly within a completely enclosed building. Outdoor uses are prohibited.

2.

In all other industrial zoning districts, outdoor uses shall be screened from public view and the area containing the outdoor use shall meet the minimum design standards applicable to off-street parking facilities as specified in Section 18.72.060 (Parking Design and Development Standards).

D.

Accessory Uses.

1.

In all industrial zoning districts, retail, personal service, recreation, restaurants, and other similar uses are permitted as an accessory use provided the following conditions are met:

a.

The use is conducted within the building occupied by the primary use; and

b.

The use is to serve only employees and guests of the primary use; and

c.

The use is limited to no more than three thousand square feet or ten percent of the floor area of the primary use, whichever is less.

2.

Tasting rooms associated with a brewery, winery, or other alcoholic beverage production facility are allowed in industrial zoning districts as specified in Table 18.26-1.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2317, N.S., § 1, 11-18-2020; Ord. No. 2319 N.S., § 5, 1-20-2021; Ord. No. 2330 N.S., § 1, 4-6-2022)

A.

General. Table 18.26-2 identifies development standards that apply in the industrial zoning districts.

Table 18.26-2: Industrial Zoning District Development Standards

Notes:

[1] An FAR of 0.6 is allowed for industrial uses. An FAR of 0.5 is allowed for non-industrial land uses.

[2] Where a property abuts a residential zoning district or residential land use designation, the property shall comply with increased setbacks, upper story stepbacks, and landscaping standards as specified in Section 18.92.130 (Residential Transition Standards).

B.

Cul-De-Sac Lot Width. In all industrial zoning districts except for the IC zoning district, the minimum width of a cul-de-sac lot is eighty feet as measured along the radius of the front property line.

C.

Joint Access Agreement — IL, IG Zoning Districts. For parcels of less than forty thousand square feet in area, a joint mutual access agreement between adjoining parcels shall be required for reasonable vehicular and pedestrian passage.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2319 N.S., § 5, 1-20-2021)

Chapter 18.28 - OPEN SPACE, PUBLIC, AND RECREATION ZONING DISTRICTS

18.28.010 - Purpose of the open space, public, and recreation zoning districts.

A.

Open Space. The purpose of the Open Space (OS) zoning district is to preserve and enhance open space lands as a limited and valuable resource in Morgan Hill. The OS zoning district is intended to permit limited but reasonable use of open space lands while reducing exposure to geologic hazards, to preserve agricultural land, and to preserve the topographic features that contribute to Morgan Hill's unique identity.

B.

Public Facilities. The purpose of the Public Facilities (PF) zoning district is to provide a location for schools, governmental offices, parks and recreational facilities, fire and police stations, utilities, and other public and

quasi-public facilities to serve the community.

C.

Sports Recreation and Leisure (SRL). The purpose of the SRL zoning district is to provide a location for a variety of private and public or quasi-public land sports, recreation, and leisure uses to serve the community. The SRL zoning district includes two sub-zones:

1.

The SRL-A sub-zone which supports lower intensity sports, recreation, and leisure uses that are compatible with nearby agricultural and open space activities; and

2.

The SRL-B sub-zone which supports lower and medium intensity sports, recreation, and leisure uses that are generally open in nature.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2290 N.S., § 5(Exh. A), 11-7-2018)

18.28.020 - Land use regulations.

A.

Open Space and Public Facility Zones.

1.

Permitted Land Uses—General. Table 18.28-1 identifies land uses permitted in the Open Space (OS) and Public Facilities (PF) zoning districts.

Table 18.28-1: Permitted Land Uses in the Open Space and Public Facilities Zoning Districts

Notes:

[1] A Conditional Use Permit is required if not owned or operated by a governmental agency.

[2] Sales are limited to horticultural products grown on site.

B.

Design Permit for Residential Uses in the OS Zone. In addition to projects requiring Design Permits pursuant to Section 18.108.040 (Design Permits), the construction of new residential uses requires a Design

Permit to verify conformance with Section 18.28.030.B (Performance Standards in OS Zone) and all other applicable requirements.

C.

Sports Recreation and Leisure Zones. Table 18.28-2 identifies land uses permitted in the SRL-A and SRL-B sub-zones.

Table 18.28-2: Permitted Land Uses in the Sports Recreation Leisure Zoning District

Notes:

[1] Permitted only on a legal lot of record established in the unincorporated area prior to August 1, 2014.

[2] May be permitted with a conditional use permit if ancillary to hotel or motel use.

[3] Golf courses in excess of three holes are prohibited.

[4] Fitness and exercise facilities ancillary to a primary destination-oriented sports/recreation/leisure use are allowed with a conditional use permit.

[5] Permitted if ancillary to hotel or motel use.

D.

Additional Permits. In addition to permits identified in Tables 18.28-1 and 18.28-2, development projects in the open space, public, and recreation zoning districts may also require a design permit pursuant to Section 18.108.040 (Design Permits). Modifications to a historic resource may require a historic alteration pursuant to Chapter 18.60. (Historic Resources).

E.

Hillside Combining District. Development on site with an average slope of ten percent or greater are subject to the requirements of Section 18.30.040 (Hillside Combining District).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2290 N.S., § 5(Exh. A), 11-7-2018; Ord. No. 2352, § 4, 4-24-2024)

A.

General. Table 18.28-3 identifies development standards that apply in the public, open space, and recreation zoning districts.

Table 18.28-3: Public, Open Space, and Recreation Development Standards

;adv;8q; Notes:

[1] Planning Commission may allow greater impervious surface with a Conditional Use Permit.

[2] Thirty percent for those existing lots less than 5 acres.

B.

Performance Standards in OS Zoning District. The following standards apply to all development and land uses in the OS zoning district.

1.

Stormwater Runoff. In addition to requirements in Chapter 18.140 (Post Construction Stormwater Pollution Prevention), development shall comply with the following standards:

a.

Permanent vegetation and improvements capable of carrying stormwater runoff in a safe manner shall be installed to the extent possible before the vegetative cover is removed from the area.

b.

Sediment basins, including debris basins, desilting basins, and silt traps, shall be installed, and maintained to reserve sediment from runoff waters of land undergoing development.

2.

Public Services and Infrastructure. Construction of dwellings for which conditional use permits are required are permitted only if the proposed dwelling units are served by public sewers, public water, and ingress/egress that comply with minimum fire department standards. The city may grant exceptions to the public sewer and public water requirements for:

a.

Areas that were annexed into the city outside the urban service area with approved private water and septic systems; and

b.

Secondary dwellings where a private septic tank disposal system has been approved for the primary dwelling on the same parcel of land.

C.

Outdoor Storage in the PF Zone. Areas used for outdoor storage in the PF zoning district shall meet the minimum design standards applicable to off-street parking facilities as specified in Section 18.72.060 (Parking Design and Development Standards).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2290 N.S., § 5(Exh. A), 11-7-2018)

Chapter 18.29 - MONTEREY CORRIDOR FORM-BASED CODE

18.29.010 - Introduction.

A.

Purpose of the Form-Based Code. The form-based code (FBC) represents a paradigm shift in the way that the built environment is regulated. The formal short definition of a form-based code is as follows:

"A form-based code is a land development regulation that fosters predictable built results and a highquality public realm by using physical form (rather than separation of uses) as the organizing principle for the code. A form-based code is a regulation, not a mere guideline, adopted into city, town, or county law. A form-based code offers a powerful alternative to conventional zoning regulation."

- Form-Based Codes Institute

Unlike conventional, use-based codes, FBCs utilize the intended form and character of a neighborhood, rather than use as the organizing framework of the code. Morgan Hill will join cities and counties across the country that are now utilizing FBCs to shift their "main streets" and commercial corridors into vibrant, mixed-use areas where residents can live, work, and play within close walking distance.

For the Monterey Corridor (Corridor), the FBC establishes development standards that are objective and implement the community vision, emphasizing pedestrian-oriented building form and streamlined housing development with an appropriate mix of uses. The FBC is designed with a user-friendly organizational structure, where city staff and community members can easily navigate and recognize the standards and requirements that apply to the applicable development site.

Regulations and standards in a FBC are presented graphically in simple diagrams and photographs as well as supplemental text. These standards are keyed to a plan (i.e., a regulating plan) that functions like a zoning map, assigning an appropriate form and scale through the application of form-based zones to specific lots. While FBCs focus on an intended physical form, they also regulate use by allowing a mix of appropriate land uses chosen to ensure compatibility among different contexts and the intended physical form of the area. The standards ultimately shape the relationship between building facades and the public realm (i.e., the public and private space between buildings), the form and mass of buildings in relation to one another, and the scale and type of blocks.

B.

Organization of the Form-Based Code. The following advisory text is intended to give a brief overview of the overall structure of Chapter 18.29 (Form-Based Zoning Districts).

1.

Section 18.29.010: Introduction. This section introduces the FBC, describes its components, and provides an illustrative explanation of how to use and apply the FBC to a typical development review application.

2.

Section 18.29.020: Purpose and Applicability of the Form-Based Code. This section provides the general purpose and intent of the form-based zoning districts and standards, as well as the applicability of the FBC.

Section 18.29.030: Form-Based Zoning Districts. This section establishes the applicability of the formbased zoning districts, an overview of the zoning districts, and the specific purpose statements and development standards associated with each zoning district.

4.

Section 18.29.040: Building Type Standards. This section establishes the purpose and intent of the building type standards, the applicability of the standards, a description of each building type, and objective standards associated with each type.

5.

Section 18.29.050: Frontage Type Standards. This section establishes the purpose and intent of the frontage type standards, the applicability of the standards, a description of each frontage type, and objective standards associated with each type.

6.

Section 18.29.060: Civic Space Standards. This section establishes the purpose and intent of the civic space standards, the applicability of the standards, a description of each civic space type, and objective standards associated with each type.

7.

Section 18.29.070: Land Use Standards. This section establishes the land uses permitted in each formbased zoning district and any applicable specific use standards.

8.

Section 18.29.080: Standards Supplemental to Form-Based Zoning Districts. This section provides any additional standards or requirements necessary to implement walkable areas, including additional standards for landscaping, outdoor lighting, open space, signs, and a cross-reference to parking and loading standards (See Chapter 18.72, Parking and Loading).

9.

Section 18.29.090: Permits and Administration for Form-Based Zoning Districts. This section establishes any additional or unique provisions necessary to administer the FBC.

10.

Section 18.29.100: Definitions for Form-Based Zoning Districts. This section provides any additional or unique definitions necessary to understand the standards and requirements of the FBC.

18.29.010.C

How to Use the Form-Based Code

Figure 18.29-1 How to Use the Form-Based Code

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• (Ord. No. 2348, N.S., § 3(Exh. B), 9-6-2023)

18.29.020 - Purpose and applicability of the form-based code.

A.

Title. Chapter 18.29 (Form-Based Zoning Districts) of the Morgan Hill Municipal Code shall be known and may be cited as the form-based code. Within this chapter, it may also be known as the "FBC."

B.

Purpose. The purpose of the FBC is to implement the general plan, specifically the general plan's vision for the corridor as a "vibrant mixed-use corridor that encourages walking and biking," through standards for neighborhood design, building form, and land use. The specific purpose and intent of each zoning district is established in Section 18.29.030 (Form-Based Zoning Districts).

C.

Applicability.

1.

This chapter applies to all new uses and projects on land delineated in the form-based code regulating plan map. This area may be known and referred to as the "FBC Area."

2.

If any provision within this chapter conflicts with another chapter of the Zoning Code, the FBC shall control.

3.

Where the FBC is silent or does not provide an explicit provision, the Zoning Code shall apply.

4.

Any requirement of state law will supersede any provision of this chapter.

(Ord. No. 2348, N.S., § 3(Exh. B), 9-6-2023)

18.29.030 - Form-based zoning districts.

A.

Purpose and Intent

1.

General. The purpose of the form-based zoning districts is to provide for active, vibrant, and walkable destinations and neighborhoods in Morgan Hill with a diversity of residential and commercial land uses. The form-based zoning districts support a range of housing products, pedestrian-friendly public realm, and vertical and horizontal mixed-use projects. The diversity of pedestrian-friendly development, land uses, and general level of activity in the form-based zoning districts is intended to support a range or transportation choices, including walking, biking, and transit.

2.

Specific. For specific intent statements, see each form-based zoning district established in this section.

B.

Overview of Form-Based Zoning Districts. Table 18.29-1 provides an overview of each form-based zoning district.

Table 18.29-1 Summary Table of Form-Based Zoning Districts

C.

Neighborhood Form-Based (FB-N) Zoning District

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1. Intent

The purpose of the Neighborhood Form-Based (FB-N) zoning district is to accommodate a variety of housing opportunities that are accessible to a range of income levels in a walkable environment with neighborhood-serving retail and services.

2. Lot Requirements

3. Building Placement

(ii). Street Side

30% min. within setback range

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4. Permitted Building Types House Accessory Dwelling Unit Duplex/Duet Multiplex Small Bungalow Court Townhouse

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5. Building Form

b. Height Limit

35 ft. max.[1]

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c. Building Coverage

75% max.

Note: 1. 40 ft. allowed for vertical mixed-use.

6. Permitted Frontage Types Front Yard Porch, Engaged Porch, Projecting Stoop

7. Parking Placement

8. Permitted Civic Space Types

Passage Pocket Park/Plaza

9. Supplemental Standards

a. See Section 18.29.040 (Building Type Standards) for building type standards. b. See Section 18.29.050 (Frontage Type Standards) for frontage type standards. c. See Section 18.29.060 (Civic Space Standards) for civic space type standards.

d. See Section 18.29.080 (Standards Supplemental to Form-Based Zoning Districts) for supplemental standards.

D.

Corridor Form-Based (FB-C) Zoning District

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1. Intent

The purpose of the Corridor Form-Based (FB-C) zoning district is to accommodate variable intensities of infill and redevelopment with a mix of walkable uses, such as retail, service, and commercial, that are sensitive to the scale and character of the area.

2. Lot Requirements

3. Building Placement

4. Permitted Building Types

Accessory Dwelling Unit Duplex/Duet Multiplex Small Multiplex Large Townhouse Courtyard Building Main Street Building Liner Building

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5. Building Form

b. Height Limit 45 ft. max.

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c. Upper Story Setback 8 ft. min. required for third story or higher

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d. Building Coverage 75% max.

6. Permitted Frontage Types Forecourt Porch, Engaged Porch, Projecting Shopfront Stoop Terrace

8. Permitted Civic Space Types Passage Pocket Park/Plaza Plaza

9. Supplemental Standards

E.

Urban General Form-Based (FB-UG) Zoning District

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1. Intent

The purpose of the Urban General Form-Based (FB-UG) zoning district is to accommodate mixed-use commercial and residential hubs with a variety of uses, clustered job opportunity centers, and vehicular accessible corridors with internal block patterns and an improved pedestrian experience transitioning from an auto-centric environment to a walkable environment.

2. Lot Requirements

3. Building Placement

4. Permitted Building Types Accessory Dwelling Unit Multiplex Large Courtyard Building Main Street Building Liner Building

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5. Building Form

e. Building Coverage

80% max.

6. Permitted Frontage Types Forecourt Shopfront Stoop Terrace

8. Permitted Civic Space Types Passage Pocket Park/Plaza Plaza

(Ord. No. 2348, N.S., § 3(Exh. B), 9-6-2023)

18.29.040 - Building type standards.

A.

Purpose and Intent. The purpose of this section is to establish standards for all building types within the form-based zoning districts. The standards in this section supplement the standards in Section 18.29.030 (Form-Based Zoning Districts) and are intended to provide a range of housing and development options that reinforce the character and scale of Morgan Hill's history and small-town development pattern.

B.

Applicability

1.

This section applies to all proposed projects within the form-based zoning districts. All new projects in the form-based zoning districts must apply at least one of the building types in this section and be consistent with the identified building type standards and the standards in the applicable zoning district (see Section 18.29.030 (Form-Based Zoning Districts)). The building types support a variety of uses, as allowed in the zoning district (e.g., the "house" building type may include residential uses, eating and drinking uses, professional offices, or others if allowed in the zoning district) (see Section 18.29.070 (Land Use Standards)).

2.

Building types not indicated as "permitted" in the applicable zoning district (see Section 18.29.030 (FormBased Zoning Districts)) are not permitted in the zoning district.

3.

If an applicant proposes multiple principal buildings on a single lot, the proposal must include potential lot lines in order to determine compliance with this section.

4.

The development of transportation, communications, and/or infrastructure facilities is exempt from this section.

C.

House

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1. Description

A detached building with 1 unit, shallow setbacks, a rear yard, and located within a low intensity walkable neighborhood.

2. Building Size and Massing

a. Height 2.5 stories max.

4. Private Open Space (per unit)

Private open space is required per Subsection 18.29.080.D (Open Space Standards). Common open space is not required.

D.

Accessory Dwelling Unit

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1. Description

An accessory structure usually located at the rear of a lot that provides a unit; may be located above the garage.

2. Building Size and Massing

a. Height

2 stories max.

4. Miscellaneous

Accessory dwelling units are permitted consistent with Section 18.29.070 (Land Use Standards) and Chapter 18.84 (Accessory Dwelling Units)

E.

Duplex/Duet

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1. Description

A detached building consisting of 2 side-by-side or stacked units with shallow setbacks. For side-by-side units, both face the street with separate entrances; for stacked units, both are accessible via a single entrance or separate entrances that face the street. This type has the appearance of a house and is scaled to fit within low and medium intensity walkable neighborhoods.

2. Building Size and Massing

a. Height 35 ft. max.

4. Private Open Space (per unit)

Private open space is required per Subsection 18.29.080.D (Open Space Standards). Common open space is not required.

F.

Multiplex Small

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1. Description

A detached building that consists of 3 to 6 side-by-side and/or stacked units, with one shared entry or individual entries along the front. This type has the appearance of a house and is scaled to fit within low and medium intensity walkable neighborhoods.

2. Building Size and Massing

a. Height 35 ft. max.

Note:

1. May be exempt from the build-to-zone requirement established in the form-based zoning district if the maximum width and depth preclude the ability to meet the percentage required.

3. Pedestrian Access

Primary Entrance Front Setback

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4. Common Open Space

Common open space is required per Subsection 18.29.080.D (Open Space Standards). Private open space is not required.

G.

Multiplex Large

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1. Description

A detached building that consists of 7 to 12 side-by-side and/or stacked units, usually with one shared entry. This type is scaled to fit within medium intensity walkable neighborhoods.

2. Building Size and Massing

a. Height 45 ft. max.

3. Pedestrian Access

Primary Entrance Front Setback

4. Common Open Space

Common open space is required per Subsection 18.29.080.D (Open Space Standards). Private open space is not required.

H.

Bungalow Court

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1. Description

A group of detached buildings (3 to 9 separate units) arranged to define a shared courtyard that is generally perpendicular to the street. The shared courtyard is common open space and replaces the need for private rear yards. This type is scaled to fit within low and medium intensity walkable neighborhoods.

2. Building Size and Massing[1]

a. Height 1.5 stories max.

3. Pedestrian Access Primary Entrance Shared Courtyard

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Shared Courtyard

Accessible from Front Setback/Street

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Pedestrian connections shall link all buildings to the shared courtyard, parking area(s), and public right-of-way.

I.

Townhouse

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1. Description

An attached building that consists of 3 to 10 units placed side-by-side with individual entries along the front. This type has a rear yard and is located within medium and high intensity walkable neighborhoods, or on or near a neighborhood main street.

2. Building Size and Massing

a. Height

3.5 stories max.

3. Pedestrian Access

Primary Entrance Front Setback

4. Private Open Space (per unit)

Private open space is required per Subsection 18.29.080.D (Open Space Standards). Common open space is not required.

J.

Courtyard Building

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1. Description

A building comprised of multiple attached and/or stacked units, accessed from one or more shared courtyards. The shared courtyard is common open space and replaces the need for private rear yards. This type is frequently integrated into medium and high intensity walkable neighborhoods and can be applied in non-residential contexts.

2. Building Size and Massing

a. Height 45 ft. max.

3. Pedestrian Access

K.

Main Street Building

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1. Description

An attached building intended to provide a vertical mix of uses with ground floor retail, office, or service uses with individual entries, and upper floor office, service, or residential uses with one or more shared entries. This type is the primary component of main street building form.

2. Building Size and Massing

a. Height

55 ft. max.

b. Main Body

4. Common Open Space

Common open space is required per Subsection 18.29.080.D (Open Space Standards). Private open space is not required.

L.

Liner Building

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1. Description

A building in which the interior building is wrapped or lined by an exterior building. The interior building is usually a parking structure or large retail/entertainment space while the exterior building is intended for retail, service, office, or residential space. This type is a component of

main street building form.

2. Building Size and Massing

a. Height 55 ft. max.

3. Pedestrian Access

4. Common Open Space

Common open space is required per Subsection 18.29.080.D (Open Space Standards). Private open space is not required.

(Ord. No. 2348, N.S., § 3(Exh. B), 9-6-2023)

18.29.050 - Frontage type standards.

A.

Purpose and Intent. The purpose of this section is to establish standards for all frontage types within the form-based zoning districts. Private frontages are the components of a building that provide an important transition and relationship between the public realm and private development. The standards in this section supplement the standards in Section 18.29.030 (Form-Based Zoning Districts) and are intended to ensure that development reinforces the character and scale of Morgan Hill's history and small-town development pattern.

B.

Applicability

1.

This section applies to all proposed projects within the form-based zoning districts. The standards in this section must be considered in combination with the standards in the applicable zoning district (see Section 18.29.030 (Form-Based Zoning Districts)).

2.

Frontage types not indicated as "permitted" in the applicable zoning district (see Section 18.29.030 (FormBased Zoning Districts)) are not permitted in the zoning district.

3.

Every new project and/or structure in the form-based zoning districts must provide at least one frontage type for each street frontage.

4.

The development of transportation, communications, and/or infrastructure facilities is exempt from this section.

C.

Forecourt

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1. Description

The main facade of the building is at or near the right-of-way and a portion (usually the central portion) is set back, creating a courtyard space. The space is commonly used as an entry court, shared garden area, or additional shopping or restaurant seating area.

3. Miscellaneous

May be used in conjunction with another permitted frontage type (e.g., shopfront).

D.

Front Yard

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1. Description

The main facade of the building has a landscaped area between the building and the right-of-way providing separation from the street. The front yard is visually continuous with adjacent yards and supports landscape in conjunction with other private frontages.

3. Miscellaneous

May be used in conjunction with another permitted frontage type (e.g., shopfront).

Must be landscaped to the property line.

Note:

1. Fences or walls must comply with Chapter 18.52 (Fences and Walls).

E.

Porch, Engaged

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1. Description

The main facade of the building is set back from the right-of-way and a porch is attached providing access to the building. The porch provides necessary physical separation for the private lot from the public right-of-way. The engaged porch has two adjacent sides attached to the building while the other two sides are open.

Height, Clear 8 ft. min., 14 ft. max. Finish Level Above Sidewalk 1.5 ft. min., 6 ft. max.

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3. Miscellaneous

Must be open on two sides and have a roof.

Reasonable accommodation must be provided consistent with Chapter 18.118 (Reasonable Accommodations).

Note: 1. May be increased by max. 50% to meet the base flood elevation plus 1-foot consistent with Chapter 15.80 (Flood Damage Prevention).

F.

Porch, Projecting

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1. Description

The main facade of the building is set back from the right-of-way and a porch is attached providing access to the building. The porch provides necessary physical separation for the private lot from the public right-of-way. The projecting porch is open on three sides and projects in front of the primary building wall.

3. Miscellaneous

Must be open on three sides and have a roof.

Reasonable accommodation must be provided consistent with Chapter 18.118 (Reasonable Accommodations).

Note:

1. May be increased by max. 50% to meet the base flood elevation plus 1-foot consistent with Chapter 15.80 (Flood Damage Prevention).

G.

Shopfront

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1. Description

The main facade of the building is placed at or near the right-of-way with an at-grade entrance along the sidewalk. The shopfront is generally intended for retail or service uses and has substantial glazing at the ground floor level.

4. Miscellaneous

May be used in conjunction with another permitted frontage type (e.g., terrace).

Note:

1. May project over the sidewalk subject to approval of an Encroachment Permit.

H.

Stoop

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1. Description

The main facade of the building is near the right-of-way and the stoop engages the sidewalk. The stoop is elevated above the sidewalk, and the entrance is usually an exterior stair and landing.

4. Miscellaneous

Stairs may be perpendicular or parallel to the building facade. Entry doors must be covered or recessed. Gates are not permitted. Reasonable accommodation must be provided consistent with Chapter 18.118 (Reasonable Accommodations).

Note: 1. May be increased by max. 50% to meet the base flood elevation plus 1-foot consistent with Chapter 15.80 (Flood Damage Prevention).

I.

Terrace

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1. Description

The main facade of the building has an elevated terrace that projects outward and engages the sidewalk with frequent stairs. The terrace allows at-grade access to all ground floor uses due to natural grade constraints or by artificially elevating the terrace floor. The terrace acts as a buffer from the sidewalk and may be landscaped to provide additional privacy. Building activities are slightly separated from the adjacent sidewalk by the terrace finish level, and the depth of the terrace provides space for outdoor seating, private yards, or any other appropriate uses.

2. Size

4. Miscellaneous

May be used in conjunction with another permitted frontage type (e.g., shopfront).

Reasonable accommodation must be provided consistent with Chapter 18.118 (Reasonable Accommodations).

Note:

1. May be increased by max. 50% to meet the base flood elevation plus 1-foot consistent with Chapter 15.80 (Flood Damage Prevention).

(Ord. No. 2348, N.S., § 3(Exh. B), 9-6-2023)

A.

Purpose and Intent. The purpose of this section is to establish standards for all civic space types within the form-based zoning districts. The standards in this section are intended to ensure that publicly accessible civic space is provided to reinforce walkable environments within Morgan Hill.

B.

Applicability

1.

The standards in this section apply to all projects within the form-based zoning districts that meet the following criteria.

a.

All residential projects including twenty or more units must provide one civic space type.

b.

All non-residential or mixed-use projects including two or more structures, or over ten thousand square feet of building space must provide one civic space type.

c.

All projects greater than two acres in total site area must provide a passage and pocket park, or a plaza.

2.

The standards in this section must be considered in combination with the standards in the applicable zoning district (see Section 18.29.030 (Form-Based Zoning Districts)).

3.

Civic space types not indicated as "permitted" in the applicable zoning district (see Section 18.29.030 (Form-Based Zoning Districts)) are not permitted in the zoning district.

C.

Passage

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1. Description

An informal or formal gathering space that serves as a pedestrian connector between other gathering places, streets, and/or parking areas. Passages are hardscaped and located near the middle of a block, providing a pedestrian connection through a block. Passages may be linear or L-shaped. Passages provide additional frontage opportunities for retail and/or residential uses along edges.

3. Miscellaneous

D.

Pocket Park/Plaza

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1. Description

A small-scale landscaped or hardscaped open space designed to provide opportunities for neighborhood gathering and/or passive recreation, generally for those who live within walking distance. Pocket parks/plazas are usually accessible from the public right-of-way, but clearly delineated as a separate space.

2. Size

E.

Plaza

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1. Description

A space available for civic purposes and commercial activities intended to add to the activity and vibrancy of streets and neighborhoods. Plazas are formal spaces with interior green spaces and defined edges made primarily of hardscape materials.

2. Size

3. Miscellaneous

(Ord. No. 2348, N.S., § 3(Exh. B), 9-6-2023)

18.29.070 - Land use standards.

A.

Purpose and Applicability

1.

This section establishes the land uses permitted in each form-based zoning district and any specific use standards necessary to implement walkable areas. Where appropriate, land uses may cross-reference to applicable standards in Chapter 18.92 (Supplemental Standards).

2.

Land uses are defined in Chapter 18.124 (Land Use Definitions). If a land use requires a distinct and different definition in the form-based zoning districts, the definition established in Section 18.29.100 (Definitions for Form-Based Zoning Districts) applies.

B.

Permitted Land Uses

1.

Table 18.29-2 (Permitted Land Uses in the Form-Based Zoning Districts), identifies the land uses permitted in the form-based zoning districts by letter designation as follows unless a use or activity is prohibited or subject to a higher level of permit pursuant to other parts of this Code or other applicable regulations.

a.

"P" designates uses permitted by right in the zoning district and is not subject to discretionary review and approval.

b.

"A" designates uses that are permitted after review and approval of an administrative use permit.

c.

"C" designates uses that are permitted after review and approval of a conditional use permit.

d.

"-" designates uses that are not permitted.

2.

A project which includes two or more categories of land use in the same building or on the same site is subject to the highest permit level required for any individual use or single component of the project.

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

P = Permitted Use

A = Administrative Use Permit required (See Section 18.108.020 (Administrative Use Permits))

C = Conditional Use Permit required (See Section 18.108.030 (Conditional Use Permits))

T = Temporary Use Permit required (See Chapter 18.108.090 (Temporary Use Permits))

• = Use not permitted

C.

Specific Use Standards

1.

Purpose and Applicability

a.

This subsection provides site planning, development, and operating standards for certain land uses where permitted in compliance with Subsection 18.29.070.B (Permitted Land Uses) if necessary to meet the intent of the form-based zoning districts.

b.

This subsection applies to all land uses and development within the form-based zoning districts. If a land use is not specified below, the standards in Chapter 18.92 (Supplemental Standards) apply. If a land use is specified below, the standards in this Subsection supersede any requirements in Chapter 18.92 unless otherwise described below. If a conflict exists between a provision in this Subsection and any other chapter of the Code, the most restrictive provision applies.

c.

Parking for all land uses shall comply with Subsection 18.29.080.E (Parking and Loading Standards).

d.

Signage for all land uses shall comply with Subsection 18.29.080.F (Sign Standards).

2.

Drive-Through Facilities

a.

Design Objectives. A drive-through facility shall only be permitted if the planning commission determines that the design and operation will accommodate pedestrian connections, avoid congestion, and excessive pavement.

b.

Location Limitations.

(i)

A drive-through facility shall only be located along a building facade away from a street frontage.

(ii)

The drive aisle shall not be located between the property line and front of building.

(iii)

The stacking area shall not be located adjacent and parallel to streets or public rights-of-way.

c.

Visual Buffer. The drive aisle shall be screened from streets or public rights-of-way with landscaping or walls and berms.

d.

Drive-Through Lane Capacity. See Subsection 18.92.040.B.

e.

Drive-Through Lane Separation. See Subsection 18.92.040.C.

f.

Pedestrian Access. See Subsection 18.92.040.D.

g.

Drive-Through Lane Setback from Intersection. See Subsection 18.92.040.E.

3.

Multi-Family Dwellings. Walkways in multi-family dwelling developments shall be provided to connect units to recreational and other internal facilities as well as the other residential units and nearby public streets.

(Ord. No. 2348, N.S., § 3(Exh. B), 9-6-2023; Ord. No. 2362, § 5, 2-19-2025)

A.

Purpose and Applicability. This section provides standards that are supplemental to the regulations of each form-based zoning district, and are specific to particular aspects of development, such as landscaping, parking, outdoor lighting, and signage. These standards are intended to promote projects that complement the character of Morgan Hill while meeting the intent of the form-based zoning districts.

B.

Landscaping Standards

1.

This subsection provides standards that complement infill development, walkable areas, and built environments that frame the public right-of-way with parking located to the side and rear of structures. Unless otherwise described below, Chapter 18.64 (Landscaping) shall apply.

2.

This subsection applies to the following:

a.

Structures that are located ten feet or fewer from the back of sidewalk; or

b.

Structures that are located on the property line.

3.

Public amenities (e.g., seating), structural shade elements, public art, or potted plants are required in the available space between the back of sidewalk and the structure.

4.

Alternative paving materials (e.g., permeable paving, porous concrete, brick pavers) are permitted in areas between the back of sidewalk and the structure.

5.

The director may accept alternative design solutions consistent with Section 18.29.060 (Civic Space Standards).

C.

Outdoor Lighting Standards

1.

Exterior lighting and parking lot lighting shall be provided, erected and maintained so any light is a fullyshielded light fixture and will not cast direct light or glare upon adjacent properties or public rights-of-way.

2.

A parking area with six or more parking spaces shall include outdoor lighting that provides a minimum illumination of 1.0 foot-candles over the entire parking area.

3.

All outdoor lighting along walkways, open space and recreation areas shall be pedestrian-scaled, fully shielded fixtures with a minimum illumination of 1.0 foot-candles.

4.

The following types of outdoor lighting are prohibited:

a.

Unshielded Light Fixtures.

b.

Search lights, laser lights, or similar high intensity light, except as necessary for official emergency services.

c.

Any lighting device located on the exterior of a building or on the inside of a window which is visible beyond the property boundaries of the lot or parcel with intermittent fading, flashing, blinking, rotating, or strobe light illumination.

d.

Lighting that results in glare to motor vehicles on public rights-of-way.

D.

Open Space Standards

1.

Applicability. Common and private open space is required for the building types specified in Section 18.29.040 (Building Type Standards). Standards and requirements for each type of open space are established below.

2.

Common Open Space. All building types subject to common open space requirements must comply with the following provisions, unless otherwise indicated in Section 18.29.040 (Building Type Standards).

a.

Minimum Area: Fifteen percent of the site. The area requirement may be met by providing a civic space type (see Section 18.29.060 (Civic Space Standards)), roof terrace, or roof garden, as approved by the Planning Commission.

b.

Minimum Horizontal Dimension: Fifteen feet.

c.

Usability. Common open space shall be accessible to all on-site residents. If the area requirement is met using a civic space type, the open space shall be publicly accessible.

3.

Private Open Space. All building types subject to private open space requirements must comply with the following provisions.

a.

Minimum Area: One hundred square feet per unit. The area requirement may be met by providing a patio, deck, balcony, roof terrace, or other similar space.

b.

Minimum Horizontal Dimension: Twelve feet.

E.

Parking and Loading Standards. Parking and Loading Standards are provided in Chapter 18.72 (Parking and Loading) in the Zoning Code.

F.

Sign Standards

1.

Purpose. This subsection establishes standards related to the type, size, height, placement, number, and design of signs in the form-based zoning districts. The standards are intended to promote well-designed signs that reflect the intent of the form-based zoning districts.

2.

Signs Allowed Subject to a Sign Permit. All sign types in this Subsection are permitted in the form-based zoning districts, subject to a sign permit, except as provided in Subsection 18.29.080.F.3.

3.

Signs Allowed Without a Sign Permit. Window signs are allowed without a sign permit consistent with the standards in this subsection. See Section 18.88.040 (Signs Allowed Without Permits) for all sign types that do not require a permit.

4.

Prohibited Signs. All signs prohibited in Section 18.88.050 (Prohibited Signs) are prohibited in the formbased zoning districts with the exception of painted wall signs, which are permitted in all form-based zoning districts.

General Sign Standards. Standards for each allowed permanent sign type are provided in tables with a supporting illustration of each sign type. All permanent signs must comply with the standards for sign area, height, number, type, and other requirements provided in these tables.

a.

Sign Area for Permanent Building-Mounted Signs

(i)

Aggregate sign area of all building-mounted signs shall be limited to a maximum of 1.25 square feet per linear foot of building frontage along Monterey Road and a maximum of one square foot per linear foot of building frontage along other streets.

(ii)

See Section 18.88.080.B.3 (Sites with Multiple Frontages) for sign standards regarding buildings with more than one frontage on a public street, excluding alleys.

b.

Monument Signs. See Table 18.29-8 (Monument Signs) for free-standing sign standards.

c.

Font Types per Sign. Signs shall be limited to a maximum of two letter styles or font types.

d.

Illumination

(i)

Signs may be internally or externally illuminated except where specifically prohibited. Internal illumination is permitted only when the portion of the sign that appears illuminated is primarily the sign text, registered trademark, or logo.

(ii)

The light source for externally illuminated signs must be arranged and shielded to substantially confine all direct light rays onto the sign face and away from streets and adjacent properties.

e.

Materials and Design

(i)

Except for interior window signs, all permanent signs shall be constructed of wood, metal, plastic, glass, or similar durable and weatherproof materials.

(ii)

The size of letters and graphics shall be proportional to the overall sign area.

(iii)

Signs shall employ the use of simple and symmetrical sign shapes.

6.

Standards for Specific Sign Types. The sign standards in this Subsection supersede the standards in Section 18.88.100 (Standards for Specific Sign Types).

7.

Adjustments to Sign Standards. See Section 18.88.070 (Adjustment to Sign Standards).

8.

Master Sign Program. See Section 18.88.110 (Master Sign Program).

9.

Temporary Signs. See Section 18.88.120 (Temporary Signs).

10.

Nonconforming Signs. See Section 18.88.130 (Nonconforming Signs).

11.

Violations and Enforcement. See Section 18.88.140 (Violations and Enforcement).

Table 18.29-4 Awning Signs

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Table 18.29-5 Blade Signs

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Table 18.29-6 Canopy Signs

==> picture [240 x 141] intentionally omitted <==

Table 18.29-7 Marquee Signs

==> picture [240 x 189] intentionally omitted <==

Table 18.29-8 Monument Signs

==> picture [240 x 137] intentionally omitted <==

Table 18.29-9 Projecting Signs

==> picture [240 x 252] intentionally omitted <==

Table 18.29-10 Suspended Signs

==> picture [240 x 174] intentionally omitted <==

Standards Requirements

Table 18.29-11 Wall Signs

==> picture [240 x 144] intentionally omitted <==

Table 18.29-12 Window Signs

==> picture [361 x 138] intentionally omitted <==

(Ord. No. 2348, N.S., § 3(Exh. B), 9-6-2023)

18.29.090 - Permits and Administration for Form-Based Zoning Districts

A.

Administrative Responsibility. For all provisions related to administrative responsibility, see Chapter 18.100 (Administrative Responsibility).

B.

Common Permit Requirements. For all common permit requirements, see Chapter 18.104 (Common Permit Requirements).

C.

Specific Permit Requirements. For all common permit requirements, see Chapter 18.108 (Specific Permit Requirements).

D.

Sign Permit Requirements. For all sign permit requirements, see Section 18.88.030 (Required Permits) of Chapter 18.88 (Signs).

E.

Appeals. For all procedures related to appeals, see Chapter 18.112 (Appeals).

F.

Zoning Code Amendments. For all procedures related to Zoning Code Amendments, see Chapter 18.114 (Zoning Code Amendments).

G.

Development Agreements. For all procedures related to Development Agreements, see Chapter 18.116 (Development Agreements).

H.

Reasonable Accommodations. For all procedures related to reasonable accommodations, see Chapter 18.118 (Reasonable Accommodations).

I.

Enforcement. For procedures enforcement, see Chapter 18.120 (Enforcement).

18.29.100 - Definitions for Form-Based Zoning Districts

A.

"A" Terms

1.

Active Ground Floor. A street frontage that allows for active visual engagement between the people outside of a structure and the use, activities, or people, located in the structure's ground floor. In an active ground floor, the front facade of buildings and the main entrance face and open towards the right-of-way along which pedestrian access is provided.

2.

Affordable Units. Units that are made available for rent at a price below the Fair Market Rent value, as recorded and updated from time to time by the city based on the U.S. Department of Housing and Urban Development data.

3.

Architectural Feature. An architectural element, which alone or as part of a pattern, embodies the style, design, or general arrangement of the exterior of a building or structure, including, but not limited to, the kind, color, and texture of building materials, and style and type of windows, doors, lights, porches, and signs.

B.

"B" Terms

1.

Block Face. The aggregate of all the building facades on one side of a block. The block face provides the context for establishing the architectural form of the edge of the block.

Bungalow Court. A group of detached buildings (ranging from three to nine separate units) arranged to define a shared courtyard that is generally perpendicular to the street. The shared courtyard is common open space and replaces the need for private rear yards. This type is scaled to fit within low and medium intensity walkable neighborhoods.

3.

Build-to-Zone. The linear street frontage between the minimum and maximum setback lines along the front of a parcel and along the side street of a corner parcel in which a building must occupy for the established percentage of the street frontage.

Figure 18.29-2 Build-to-Zone

==> picture [193 x 124] intentionally omitted <==

4.

Building Entrance. The place of pedestrian ingress and egress to a building most frequently used by the public.

5.

Building Form. The overall shape and dimensions of a building.

6.

Building, Main Body. The primary massing of a building.

7.

Building, Secondary Wing. A part of a building or structure that is physically attached to the building or structure, but is secondary and incidental in terms of form and massing.

Figure 18.29-3 Secondary Wing

==> picture [192 x 121] intentionally omitted <==

8.

Building Type. A structure defined by a combination of its configuration, placement on a lot, and function.

C.

"C" Terms

1.

Ceiling Height, Ground Floor. The height from the finished floor to the finished ceiling of primary rooms on the ground floor, not including secondary rooms such as bathrooms, closets, utility rooms, and storage spaces.

2.

Civic. A term defining not-for-profit organizations that are dedicated to arts, culture, education, recreation, government, transit, and public parking facilities.

3.

Corner Entry. A pedestrian entrance located on the corner of a building.

4.

Courtyard. An unroofed area that is completely or partially enclosed by walls or buildings and often shared by multiple residential units or commercial spaces.

5.

Courtyard Building. A building comprised of multiple attached and/or stacked units, accessed from one or more shared courtyards. The shared courtyard is common open space and replaces the need for private rear yards. This type is often integrated into medium and high intensity walkable neighborhoods and can be applied in non-residential contexts.

6.

Covered Parking. A portion of a parking area in which a shade structure(s) has been installed to provide shade for parked vehicles.

D.

"D" Terms

1.

Depth, Ground Floor Space. The distance from the street-facing facade to the rear interior wall of the ground-floor space available for a permitted use.

2.

Development Services Director. The development services director of the City of Morgan Hill or their designee, including community development director. The development services director is appointed by the city manager.

3.

Direct Illumination. Illumination resulting from light emitted directly from a bulb or light fixture, and not light diffused through translucent signs or reflected from other surfaces such as the ground or building face.

4.

Distance Between Entries. The horizontal distance measured parallel to the facade between entrances to a building or buildings.

5.

Duplex/Duet. A detached building consisting of two side-by-side or stacked units with shallow setbacks. For side-by-side units, both face the street with separate entrances; for stacked units, both are accessible via a single entrance or separate entrances that face the street. This type has the appearance of a house and is scaled to fit within low and medium intensity walkable neighborhoods.

E.

"E" Terms

1.

Entry. An opening, such as a door, passage, or gate, that allows access to a building.

F.

"F" Terms

1.

Facade, Primary. The exterior wall of a building facing a primary street.

2.

Facade, Secondary. The exterior wall of a building facing a secondary street or side street.

3.

Finish Level, Ground Floor. The height difference between the finished floor on the ground floor and the adjacent public sidewalk.

4.

Footprint. The outline of the area of ground covered by the foundations of a building or structure.

5.

Forecourt. The main facade of the building is at or near the right-of-way and a portion (usually the central portion) is set back, creating a courtyard space. The space may be used as an entry court, shared garden area, or additional shopping or restaurant seating area.

6.

Frontage. A strip of land abutting a thoroughfare, civic space, or other public right-of-way.

a.

Frontage Private. The area between the building facade and the shared lot line between the public right-ofway and the lot.

b.

Frontage Public. The area between the curb of the vehicular lanes and the edge of the right-of-way.

7.

Frontage Line. The lot line(s) of a lot fronting a thoroughfare or other public way, or a civic space.

8.

Front Yard. The main facade of the building has a large, landscaped area between the building and the right-of-way providing a separation from the street. The front yard is visually continuous with adjacent yards and supports a landscape in conjunction with other private frontages.

G.

"G" Terms

1.

Ground Floor. The floor of a building located nearest to the level of the ground around the building.

H.

"H" Terms

House. A detached building with one dwelling unit, shallow setbacks, a rear yard, and located within a low intensity walkable neighborhood.

I.

"I" Terms

1.

Illumination, External. Illumination resulting from the face of the sign reflecting light from an external light source intentionally directed upon it.

2.

Illumination, Internal. A form of sign illumination that includes cabinet signs, single-color LED signs, signs constructed with pan channel letters, or indirect halo illuminated channel letters on an unlit or otherwise indistinguishable background on a freestanding sign or building wall.

J.

"J" Terms

No specialized terms beginning with the letter "J" are currently defined.

K.

"K" Terms

No specialized terms beginning with the letter "K" are currently defined.

L.

"L" Terms

1.

LED (Light Emitting Diode). A semiconductor diode that emits light when a voltage is applied to it.

2.

Light Fixture. A complete lighting assembly (including the lamp, housing, reflectors, lenses, and shields), less the support assembly (pole or mounting bracket). Includes luminous tubes, lamps or similar devices that are permanently installed or portable and used for illumination, decoration, or advertisement.

3.

Light Fixture, Fully Shielded. A light fixture or luminous tube constructed and mounted such that all light emitted by the fixture or tube, either directly from the lamp, tube, or a diffusing element, or indirectly by reflection or refraction from any part of the light fixture, is projected below a horizontal plane. If the lamp or tube, any reflective surface, or lens cover (clear or prismatic) is visible when viewed from above or directly

from the side, from any angle around the fixture or tube, the fixture or tube is not fully shielded. To be fully shielded these fixtures must be closed on top and mounted so that the bottom opening is horizontal.

4.

Light Fixture, Unshielded. A light fixture that is not fully shielded or partially shielded. Even though the lamp in these fixtures is shielded from direct view when viewed from the side or above, reflective surfaces and/or lens covers are directly visible from the side.

5.

Liner Building. An attached building with two main components: an interior building and an exterior building to conceal the interior building from the street on the front and street side. The interior building is usually a parking structure or large retail/entertainment space and the exterior building is intended for retail, service, office, or residential space. This type is a component of main street building form.

M.

"M" Terms.

1.

Main Street Building. An attached building intended to provide a vertical mix of uses with ground floor retail, office, or service uses with individual entries, and upper floor office, service, or residential uses with one or more shared entries. This type is the primary component of main street building form.

2.

Multiplex Large. A detached building that consists of seven to twelve side-by-side and/or stacked units, with one shared entry. This type is scaled to fit within medium intensity walkable neighborhoods.

3.

Multiplex Small. A detached building that consists of three to six side-by-side and/or stacked units, with one shared entry or individual entries along the front. This type has the appearance of a house and is scaled to fit within low and medium intensity walkable neighborhoods.

N.

"N" Terms.

No specialized terms beginning with the letter "N" are currently defined.

O.

"O" Terms.

1.

Open Space, Common. A portion of a site that is designated and intended for the use or enjoyment of the residents or owners of the development and/or the overall community. Common open space may contain

such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the individuals using the space.

2.

Open Space, Private. A usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

P.

"P" Terms.

1.

Parking Driveway Width. The horizontal measurement of an access driveway to a parking area, measured perpendicular to the direction of travel.

2.

Passage. An informal or formal gathering space that serves as a pedestrian connector between other gathering places, streets, and/or parking areas. Passages are usually hardscaped and located near the middle of a block, providing a pedestrian connection through a block. Passages may be linear or L-shaped. Passages provide additional frontage opportunities for retail and/or residential uses along edges.

3.

Pocket Park/Plaza. A small-scale landscaped or hardscaped open space designed to provide opportunities for neighborhood gathering and/or passive recreation, generally for those who live within walking distance. Pocket parks/plazas are accessible from the public right-of-way, but clearly delineated as a separate space.

4.

Plaza. A space available for civic purposes and commercial activities intended to add to the activity and vibrancy of streets and neighborhoods. Plazas are formal spaces with interior green spaces and defined edges made primarily of hardscape materials.

5.

Porch, Engaged. The main facade of the building is setback from the right-of-way and a porch is attached providing access to the building. The porch provides necessary physical separation for the private lot from the public right-of-way. The engaged porch has two adjacent sides attached to the building while the other two sides are open.

6.

Porch, Projecting. The main facade of the building is setback from the right-of-way and a porch is attached providing access to the building. The porch provides necessary physical separation for the private lot from the public right-of-way. The projecting porch is open on three sides and projects in front of the primary building wall.

7.

Projection. Any architectural feature, structure, or structural element, such as an gallery, fence, garden wall, porch, stoop, balcony, bay window, or terrace, that breaks the plane of a horizontal regulatory limit extending into the facade zone or a setback.

8.

Public Realm. The physical and social domain of the public that is held in common either by their physical presence or by visual association. This includes, but is not limited to plazas, squares, parks, thoroughfares, public frontages, private frontages, civic buildings, and civic spaces.

Q.

"Q" Terms.

No specialized terms beginning with the letter "Q" are currently defined.

R.

"R" Terms.

1.

Recessed Entry. An entrance to a building that is set back from the facade of the building.

2.

Recreation, Active. Recreational pursuits usually performed with others and often requiring equipment which require physical alteration to the area in which they are performed. Such areas are intensively used, and include but are not limited to playgrounds, sport courts, baseball/softball and other field sports, and swimming pools.

3.

Recreation, Passive. Recreational pursuits involving existing natural resources which can be carried out with little alteration or disruption to the area in which they are performed. This includes, but is not limited to, such activities as walking, hiking, bicycling, bird and animal watching, and picnicking.

4.

Regulating Plan. The map of an area designating the locations of form-based zoning districts. A regulating plan may be incorporated into the city's official zoning map.

5.

Right-of-Way. A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation for public use for pedestrian and vehicular movement occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer or other public utility or facility.

S.

"S" Terms.

1.

Shopfront. The main facade of the building is placed at or near the right-of-way with an at-grade entrance along the sidewalk. The shopfront is generally intended for retail or service uses and has substantial glazing at the ground floor level.

2.

Sidewalk. The portion of a right-of-way that is paved and intended exclusively for pedestrian use, and often installed between the curb and adjacent property lines.

3.

Sign, Awning. A roof or cover that projects from the wall of a building over a door or window, and made of canvas, aluminum or a similar material, which may be fixed in place or retractable for the purpose of shielding a doorway or window from the elements.

4.

Sign, Blade. A permanent sign mounted either to the wall of a building by means of a bracket or attached to the underside of the lintel, arch, or other overhead structure above a porch or walkway and which is typically hung perpendicular to the wall of the building.

5.

Sign, Canopy. A sign painted on, printed on, or otherwise attached flat against the surface of a canopy.

6.

Sign, Marquee. A permanent sign structure placed over the entrance to a building and typically used for a theater or other entertainment use.

7.

Sign, Monument. A permanent, freestanding sign with a solid base that is at least sixty percent the width of the sign face.

8.

Sign, Projecting. A permanent sign that is attached to and extends perpendicular from the wall of a building.

9.

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

Sign, Wall. A permanent sign affixed to or erected against the wall or fascia of a building or structure, with the exposed face of the sign parallel to the plane of the wall or fascia to which it is affixed or erected.

11.

Sign, Window. A permanent or temporary sign posted, painted, placed, or affixed in or on a window, or otherwise exposed to public view through a window.

12.

Stoop. The main facade of the building is near the right-of-way and the stoop engages the sidewalk. The stoop is elevated above the sidewalk to ensure privacy within the building. The entrance is usually an exterior stair and landing.

13.

Street Frontage. See the definition for "Frontage Line."

T.

"T" Terms.

1.

Tandem Parking. A parking space deep enough to allow two cars to park one behind the other.

2.

Terrace. The main facade of the building has an elevated terrace that projects outward and engages the sidewalk with frequent stairs. The terrace allows at-grade access to all ground floor uses due to natural grade constraints or by artificially elevating the terrace floor. The terrace acts as a buffer from the sidewalk and may be landscaped to provide additional privacy. Building activities are slightly separated from the adjacent sidewalk by the terrace finish level, and the depth of the terrace provides space for outdoor seating, private yards, or any other appropriate uses.

3.

Townhouse. An attached building that consists of three to ten units placed side-by-side with individual entries along the front. This type has a rear yard and is located within medium and high intensity walkable neighborhoods, or on or near a neighborhood main street.

4.

Transparency. The area of a building frontage/facade that must contain transparent glass in order to improve building/tenant visibility and complement walkable environments.

U.

"U" Terms.

Unit. A discrete portion of a building.

2.

Upper Floor. A floor in a building containing habitable space that is located above the ground floor.

V.

"V" Terms.

1.

Valance. The vertical front face of an awning, parallel to the face of the building to which it is mounted.

W.

"W" Terms.

1.

Walkway. A paved way located on one or more lots used for pedestrians and for the exclusive use of the lot owner(s), their guests, and invitees.

X.

"X" Terms.

No specialized terms beginning with the letter "X" are currently defined.

Y.

"Y" Terms.

No specialized terms beginning with the letter "Y" are currently defined.

Z.

"Z" Terms.

No specialized terms beginning with the letter "Z" are currently defined.

(Ord. No. 2348, N.S., § 3(Exh. B), 9-6-2023)

Chapter 18.30 - OVERLAY ZONES AND COMBINING DISTRICTS

18.30.010 - Purpose of overlay zones and combining districts.

A.

Overlay Zones. An overlay zone is a defined geographic area shown on the zoning map where special requirements apply in addition to the underlying base zoning district requirements.

B.

Combining Districts. A combining district is a designation applied to a property, or a portion of a property, indicating that special requirements apply in addition to the base zoning district requirements. If and when a combining district is applied to a property, it is shown on the zoning map with the combining district label attached to base zoning district label (e.g., "RE (H)").

C.

Conflicting Requirements. Whenever a requirement of an overlay zone or combining district conflicts with a requirement of the underlying base zone, the overlay zone or combining district requirement shall control. Where two or more overlay zone or combining district requirements conflict, the review authority for the requested permit or approval shall determine the appropriate requirement.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.30.020 - Downtown ground floor overlay zone.

A.

Purpose of Downtown Ground Floor Overlay Zone. The purpose of the Downtown Ground Floor (-GF) overlay zone is to ensure that ground floor land uses fronting Monterey Road and Third Street in Downtown Morgan Hill support an active and engaging pedestrian environment in a manner consistent with the Downtown Specific Plan.

B.

Applicability. The -GF overlay zone applies to parcels fronting portions of Monterey and Third Streets within the Downtown Specific Plan boundary as shown on the zoning map.

C.

Ground Floor Defined. For the purposes of this section, "ground floor" means the first floor which is above grade.

D.

Land Uses Regulations.

1.

Ground Floor Uses. Figure 8 in the Downtown Specific Plan identifies land uses permitted and conditionally permitted on the ground floor fronting Monterey Road or Third Street in the -GF overlay zone. These land use regulations replace the land use regulations of the underlying base district for ground floor land uses. Ground floor land uses not specifically identified in Figure 8 in the Downtown Specific Plan as permitted or conditionally permitted are prohibited in the GF overlay zone unless allowed by the planning commission in accordance with Paragraph 3 (Unlisted Uses) below.

2.

Upper Floor Uses. Land uses permitted and conditionally permitted in upper floor tenant spaces in the -GF overlay zone shall be the same as in the underlying base zone.

3.

Unlisted Uses. Land uses not listed as permitted or conditionally permitted in Figure 8 in the Downtown Specific Plan may be allowed with a conditional use permit if the planning commission finds the unlisted land use is equivalent to a use permitted or conditionally permitted in the -GF overlay zone in accordance with Section 18.08.040.B (Unlisted Land Uses).

E.

Administrative Use Permits in the Ground Floor (-GF) Overlay Zone.

1.

Purpose. Administrative use permits shall be used to allow ground floor office and personal service uses in the GF overlay zone upon finding that the retail market is not sufficiently strong to accommodate land uses permitted by-right in the GF overlay zone.

2.

Application Requirements. Requirements for the submittal, review, and action on an Administrative Use Permit application shall be as described in Section 18.108.020 (Administrative Use Permits) and Chapter 18.104 (Common Permit Requirements) unless otherwise specified in this section.

3.

Application Submittal Requirements. Administrative use permit applications shall contain the information and materials required by the community development director, including the following:

a.

Statement of proposed operations, including but not limited to number of employees, proposed hours of operation, and if applicable, how the personal service use relates to the retail use within the tenant space; and

b.

Materials which demonstrate that the subject space in the building has been advertised for lease to retail tenants for at least six months, but the owner has been unable to locate a suitable retail tenant at market rates.

4.

Findings. To approve an administrative use permit, the community development director shall make all of the findings in Section 18.108.020.E (Findings for Approval) plus one or more of the following additional findings:

a.

The subject space in the building has been advertised for lease to retail tenants for at least six months days, but the owner has been unable to locate a suitable retail tenant at market rates; or

b.

The vacancy rate for commercial space exceeds five percent in the -GF overlay zone combining district; or

c.

For personal service uses, the applicant has demonstrated that the use is ancillary to a retail use within the tenant space and provides a continuity of display window visual interest.

5.

Conditions of Approval. The community development director may impose conditions on the approval of an administrative use permit to achieve consistency with the general plan, zoning code, or Downtown Specific Plan. Conditions may include, but are not limited to, requirements that the city and/or applicant:

a.

Review the use at a future time or upon certain triggering events;

b.

Set an expiration date for the administrative use permit at some future time or upon certain triggering events;

c.

Make specific site maintenance and/or improvements;

d.

Maintain the personal service use as ancillary to the retail use with the same tenant space and maintain the visual interest of display window with the retail component;

e.

Install and maintain landscaping,

f.

Maintain safe vehicular ingress, egress, and traffic circulation; and

g.

Comply with development schedules or time limits for performance or completion of tenant improvements.

Permit Duration. Approval of an administrative use permit for ground floor uses in the -GF overlay zone shall be valid for three years from the date of approval unless an extension is granted in accordance with Subsection 7 below.

7.

Permit Extensions.

a.

An Administrative use permit for ground floor uses in the GF overlay zone may be extended one or more times by the community development director for up to up to three years for each extension.

b.

An application for an extension may be submitted in writing no sooner than nine months from the expiration date of the previously approved administrative use permit.

c.

The application submittal, review, and approval process shall be the same as for the administrative use permit that originally authorized the ground floor use.

F.

Development Standards. The development standards that apply in the -GF overlay zone shall be the same as the underlying base zone.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.30.030 - Downtown specific plan overlay zone.

A.

Purpose. The Downtown Specific Plan (DTSP) overlay zone identifies areas where the requirements of the Downtown Specific Plan apply.

B.

Applicability. The DTSP overlay zone applies to parcels within the boundary of the Downtown Specific Plan as shown on the zoning map.

C.

Effect of Downtown Specific Plan Overlay.

1.

All proposed land uses and development within the DTSP overlay shall comply with the requirements of the Downtown Specific Plan.

2.

In the case of conflict between the Downtown Specific Plan and the requirements of the zoning code, the Downtown Specific Plan shall govern.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.30.040 - Hillside combining district.

A.

Purpose of Hillside Combining District. The purpose of the Hillside (H) combining district is to allow for the orderly development of hillside areas while preserving significant environmental features and protecting public safety in geologically unstable areas.

B.

Applicability.

1.

The H combining district applies to all areas within the city having an average slope of ten percent or greater.

2.

A planned development overlay zoning district shall be required for all subdivisions in with an H combining district where five or more lots are proposed.

C.

Development Standards.

1.

Building Restrictions on Steep Slopes.

a.

Buildings, private streets, and driveways may not be constructed on slopes greater than twenty percent except as allowed by subparagraph b below.

b.

Minor encroachments onto slopes greater than twenty percent may be allowed when the review authority finds that the proposed encroachment will not conflict with the purpose and intent of the H combining district.

2.

Minimum Lot Area.

a.

The minimum lot size in the H combining district shall not be less than "A" as determined by the formula:

A = S × 2,000

Where "S" is the average slope of the lot to be created in terms of percent.

b.

For lots with an average slope greater than fifty percent, the minimum lot size is five acres.

c.

Lots with an average slope of ten percent or greater may be created in exception to the slope/area formula above if the lots to be created contain an area of slope less than ten percent which is equal to or greater than the minimum lot size required by the underlying zone. In such a case, a deed restriction must be recorded for such lots which restrict building to the area in which the average slope is ten percent or less.

3.

Calculating Ground Slope.

a.

The average ground slope shall be calculated using the following formula:

S = 0.00229IL/A

Where:

S = Average ground slope in percent

I = Contour interval in feet

L = Combined length of the contour lines in feet

A = The gross area in acres of the parcel or lot

b.

Measurements along contours shall be made at contour intervals not to exceed ten feet, and a horizontal map scale of one inch equals two hundred feet or larger.

4.

Land Modification Restrictions.

a.

Areas on a lot with a slope exceeding twenty percent may not be altered by grading, altering natural features, removing natural vegetation, or by any activity related to the preparation of the lot for

development.

b.

The planning commission may allow exceptions to the land modification restrictions above to protect the public health, safety, and welfare. Exceptions may be granted to:

(1)

Install fire trails;

(2)

Remove of poisonous or noxious vegetation;

(3)

Remove or thin vegetation as part of a fire-protection program approved by the fire chief;

(4)

Abate geologic or seismic hazard; or

(5)

Protect public safety through other methods as approved by the planning commission.

5.

Open Space Requirements. Table 18.30-1 identifies the minimum percentage of lot area to remain in open space with no grading or terrain alteration.

Table 18.30-1: Open Space Requirements

6.

One Dwelling Unit Allowed Per Lot.

a.

If no portion of a lot contains slopes of less than twenty percent, and the lot is a legally-established lot of record, one dwelling unit may be constructed on the lot.

b.

Development when allowed by this section shall conform with the recommendations in the engineering geologic or geotechnical report prepared by a qualified engineer geologist as required by the provisions of Chapter 18.70 (Geologic Hazards) and any other conditions of approval or mitigation measures adopted for the proposed project.

7.

Ridgeline Development. Buildings are prohibited within eighty feet of a ridgeline unless the review authority for the proposed project finds that:

a.

There are no other feasible locations on the lot other than the proposed ridgeline building site which can accommodate the building;

b.

The proposed development is consistent with all other requirements of the applicable zone;

c.

The applicant has attempted a transfer of development credits (TDC) in accordance with Subsection F (Transfer of Development Credits) as an alternative to building on the proposed ridgeline site; and

d.

The applicant has exhausted all possible avenues to accommodate development in area away from the proposed ridgeline building site.

8.

Cut-and-Fill Slopes. Cut-and-fill slopes shall not be steeper than two horizontal to one vertical (2:1) unless stabilized by a retaining wall or cribbing, as approved by the building official.

9.

Erosion-Control Plan. The city shall approve an erosion-control plan prior to any physical development within the H combining district. The plan shall meet the standards contained in Municipal Code Chapter 13.30 - Urban Storm Water Quality Management and Discharge Control.

D.

El Toro Mountain Open Space Preservation.

The following hillside areas of El Toro Mountain shall be preserved as open space to the maximum extent possible:

a.

Areas above the six hundred-foot elevation in Llagas Valley and Paradise Valley; and

b.

Areas above the five hundred-foot elevation in all other areas.

2.

Subdivisions proposed in areas specified above shall include open-space easement dedications to guarantee the permanent preservation of open space.

3.

Prior to approving development in the areas specified above, the review authority shall find that the applicant made every reasonable effort to avoid the development in these areas, including a transfer of development credits (TDC) and/or the establishing of a Planned Development (PD) overlay.

E.

Transfer of Development Credits. This section allows for the transfer development credits (TDCs) from "transferor sites" in areas where development is restricted by the H combining district to "recipient sites" in other areas of the city authorized to receive TDCs. The city council may from time to time authorize by resolution a TDC from one lot to another lot, where such authorization is found to be consistent with the general plan and this section.

1.

General Standards.

a.

Permitted Recipient Sites. Zones in which an increase in the number of dwelling units are permitted are restricted to the residential zones listed in Chapter 18.16 (Residential Detached Zoning Districts).

b.

Number of Units on a Site. The number of dwelling units permitted on a site may not exceed ten percent of the maximum residential development credits transfer, exclusive of density bonuses provided by other sections of this title.

c.

Maximum Density Bonus. The maximum density bonus on any site shall not exceed twenty-five percent, including affordable housing and TDC density bonuses.

d.

Environmental Study. An environmental study shall be prepared to determine the carrying capacity of the property from which development credits are being transferred. If environmental findings determine that the site, or a portion thereof, is unbuildable due to environmental constraints, the development credits to be transferred shall be reduced accordingly, prior to determining the number of units permissible under the slope-density formula.

e.

Minimum Area. The site to which the TDC is proposed shall be no less than one acre.

f.

Setback Requirements. All setback requirements of the more restrictive district found along the perimeter of the site shall apply to perimeter yards on the site to which the transfer of development credits is proposed, unless the site is zoned for PD zoning.

g.

Calculation of TDC Credits. TDCs shall be calculated in accordance with the slope-density regulations of this section, base district minimum lot sizes and this section.

(1)

In all hillside areas of the City, with the exception of El Toro Mountain, the number of TDCs shall be determined as provided in Section 18.30.040.D (El Toro Mountain Open Space Preservation).

(2)

On El Toro Mountain, the number of TDCs available to property within the city limits shall be twice that determined as provided in Section 18.30.040.C.2 (Minimum Lot Area). The number of transferable development credits available to property on El Toro Mountain which is outside the city limits shall be twice that allowed by the Zoning Ordinance of Santa Clara County. The calculation of transferable development credits for El Toro Mountain shall be as follows:

(Number of Acres/Minimum Lot Size) x 2 = Number of transferable development credits

(3)

The number of TDCs available to properties on El Toro Mountain above that allowed to other hillside areas of the city may only be used for transfer to other properties of slopes less than twenty percent and may not be used to increase on-site development potential.

(4)

In the calculation of TDCs, a fraction occurring at the end of a calculation which is 0.5 or larger shall be considered a full development credit. The city council may also exclude from calculation any existing dwelling and appurtenant structures on the site to be preserved.

Application. An applicant for a TDC shall contain the following information and materials:

a.

A title report and any other documentation disclosing all existing interests or obligations against the transferor site property to be affected by the open space easement. If other interests exist, a subordination agreement (in a recordable form) acknowledging the reservation of the city of Morgan Hill's open space easement claim shall be submitted with the title report.

b.

When known, the location and land area of the recipient site to which such credits are to be transferred, the projected total number of dwelling units that would result on the recipient site from such a transfer, and a statement of the character of the projected housing development.

c.

A legal description of the open space to be preserved on the transferor site by the transfer, accompanied by an open space (scenic) easement suitable for recordation and the applicable open-space policy to be implemented by the transfer.

d.

The location, site area, and related residential development credits of the transferor site which the applicant proposes to transfer.

e.

Where applicable, the number of building allotments granted to the recipient site under the residential development control system (RDCS).

3.

City Action. Upon approval of the planning commission and the city council of a TDC application, the City Clerk shall issue a TDC certificate to the applicant in a form approved by the city manager. The following actions must be taken prior to these development credits being effectively conveyed to and utilized by the recipient property:

a.

Approval by the planning commission of a detailed site plan of the recipient site to which the development credits are to be transferred;

b.

Where recipient site is known, execution and recordation with the county recorder's office of an instrument legally sufficient both in form and content to effect conveyance of the TDC from the transferor to the

recipient site. Such instrument shall specifically set forth the credits to be conveyed and the resultant total residential development credits assignable to the recipient site;

c.

Execution and recordation with the county recorder's office of an instrument legally sufficient in form and content to effect conveyance of a permanent open space easement in the transferor site dedicated to the city. Such open space easement shall be unencumbered by any prior interests or, if so encumbered, shall be accompanied by and recorded together with subordination agreement with evidence that all persons or entities having any interest in the transferor site have acknowledged the creation and transfer of development credits, consented to the terms and conditions of the open space easement, and waived the priority of any rights or claims they may have in the transferor site. Recordation of the executed open space easement and accompanying subordination agreement shall serve as notice of the dedication of open space in the transferor site and shall be incorporated in the deeds of the transferor site; and

d.

Other requirements as established by the city council.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Purpose of the Planned Development Combining District. The purpose of the Planned Development (PD) combining district is to allow for high quality development that deviates from standards and regulations applicable to base zoning districts in Morgan Hill. The PD combining district is intended to promote creativity in building design, flexibility in permitted land uses, and innovation in development concepts. The PD combining district provides land owners with enhanced flexibility to take advantage of unique site characteristics and develop projects that will provide public benefits for residents, employees, and visitors.

B.

Where Allowed. The PD combining district may be applied to any property in Morgan Hill with an area of 1 acre or more.

C.

Permitted Land Uses.

1.

Permitted land uses in each PD combining district shall conform to the PD master plan that applies to the property.

2.

Permitted land uses may deviate from the land use regulations of the applicable base zoning district provided the PD combining district allows only those land uses permitted in the applicable general plan

land use designation.

D.

Development Standards.

1.

Development standards (e.g., height, setbacks, building coverage) for each PD combining district shall be established in the applicable PD master plan.

2.

Development standards may deviate from development standards in the applicable base zoning district except that the maximum permitted floor area ratio and residential density may not exceed maximums established in the general plan for the applicable land use designation.

E.

Required Approvals.

1.

PD Master Plan and Zoning Map Amendment. Establishment of a PD combining district requires approval of a PD master plan and a zoning map amendment.

2.

Design Review. A proposed development must receive a design permit as required by Section 18.108.040 (Design Permits). All development and land uses within a PD combining district shall be consistent with the approved PD master plan.

F.

Preliminary Review.

1.

When Required. Prior to submittal of an application for a PD rezoning and PD master plan, an applicant must receive preliminary input from the planning commission on the proposed planned development project.

2.

Application. A preliminary review application for a proposed planned development project shall be submitted with the development services department in accordance with Chapter 18.104 (Common Permit Requirements). The application shall include, at a minimum, the following information and materials:

a.

A statement describing the proposed project and how it complies with the findings required for the approval of a planned development project in Section 18.30.050.H.7 (Findings).

b.

Project plans, diagrams, and graphics as needed to illustrate the overall development concept, including proposed land uses, buildings, circulation, open space, and any other significant elements in the project.

3.

Public Hearing. The planning commission shall consider the preliminary review application and a public hearing noticed in accordance with Section 18.104.090 (Notice of Hearing).

4.

Preliminary Input.

a.

The planning commission shall provide preliminary input on project compliance with findings required for the approval of a Planned Development project in Section 18.30.050.H.7 (Findings).

b.

Planning commission input shall not be construed as a recommendation for approval or denial of the project. Any recommendation to the applicant is advisory only and shall not be binding on either the applicant or the city.

G.

Planned Development Rezoning.

1.

General Procedures and Requirements. Establishing a PD combining district requires city council approval of a zoning map amendment in accordance with Chapter 18.114 (Zoning Code Amendments). All requirements for zoning map amendments in Chapter 18.114 apply to the establishment of a PD combining district.

2.

Timing. The city council shall act on the zoning map amendment concurrently with the PD master plan. A PD combining district may be established only with concurrent approval of a PD master plan.

3.

Reference to PD Master Plan. The ordinance adopted by the city council establishing a PD combining district shall reference the PD master plan approved concurrently with the zoning map amendment.

H.

PD Master Plans.

1.

Review Authority. The city council takes action on PD master plan applications following recommendation from the planning commission.

2.

Timing. A PD master plan application shall be submitted within one year of preliminary review for the proposed project. If an application is not submitted within one year of preliminary review, the applicant shall compete a second Preliminary Review process prior to submitting the PD master plan application.

3.

Application Submittal and Review.

a.

PD master plan applications shall be filed and reviewed in compliance with Chapter 18.104 (Common Permit Requirements). The application shall include the information and materials required by the development services department and the information required by Paragraph 4 (Application Materials) below.

b.

If the property is not under a single ownership, all owners must join the application, and a map showing the extent of ownership shall be submitted with the application.

c.

It is the responsibility of the applicant to provide evidence in support of the findings required by Paragraph 7 (Findings) below.

4.

Application Materials. Applications for approval of a PD master plan shall include the following information and materials:

a.

Project Description. A written description of the project proposed within the PD combining district. The project description shall include a narrative statement of the project objectives and a statement of how the proposed project will comply with general plan goals and policies for the applicable land use designation. An overview of the proposed land use, densities, open space, and parking should be included in the project description.

b.

Community Benefits. A description of how the proposed development is superior to development that could occur under the standards in the existing zoning districts, and how it will achieve a substantial public benefits as defined in Paragraph 8 below.

c.

Site Map. Maps depicting the existing topography, on-site structures and natural features, mature trees, and other significant vegetation and drainage patterns. The map shall show the proposed PD combining district boundaries and all properties within five hundred feet of the site boundary.

d.

Concept Plan. An overall diagram of the project concept. This diagram shall illustrate the overall development concept, including proposed land uses, buildings, circulation, open space, and any other significant elements in the proposed project. Phases shall be clearly indicated if multiple phases are proposed.

e.

Land Use. A map showing the location of each land use proposed within the site, including open space and common areas. The land use map shall be accompanied by a narrative description of permitted land uses, allowable accessory uses, and uses allowed by-right or with a conditional use permit.

f.

Subdivision Map. If the project involves the subdivision of land, a tentative parcel map or tentative map required by Title 17 (Subdivisions) of the Morgan Hill Municipal Code.

g.

Circulation. A map and descriptions of the major circulation features within the site including vehicular, bicycle, pedestrian facilities; traffic flow of internal traffic; and existing and proposed public streets and sidewalk improvements.

h.

Public Facilities and Open Space. The amount (in square feet or acres) and percentage of site area that will be dedicated for all types of open space, including proposed recreational facilities and amenities; and any public facilities, including public utility easements, public buildings and public land uses.

i.

Development Standards. All development standards that apply within the project, including:

(1)

Density and/or intensity;

(2)

Minimum lot size and dimensions;

(3)

Maximum building coverage;

(4)

Minimum setbacks;

(5)

Maximum building heights;

(6)

Signs;

(7)

Landscaping;

(8)

On-site parking; and

(9)

Other items as deemed appropriate by the planning commission and city council.

5.

Planning Commission Review and Recommendation.

a.

The planning commission shall hold a public hearing on the PD master plan application as required by Chapter 18.104 (Common Permit Requirements).

b.

The planning commission shall recommend to the city council the approval, approval with modification, or denial of the PD master plan application. The recommendation shall be based on the findings in Paragraph 7 (Findings) below.

6.

City Council Review and Decision. Upon receipt of the planning commission's recommendation, the city council shall conduct a public hearing and either approve, approve in modified form, or deny the PD master plan. The city council may approve the application only if all of the findings in Paragraph 7 (Findings) below can be made.

7.

Findings. The city council may approve an application for a PD master plan if all of the following findings can be made:

a.

The proposed development is consistent with the general plan, zoning code and any applicable specific plan or area plan adopted by the city council.

b.

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

c.

The proposed project will provide a substantial public benefits as defined in Paragraph 8 (Substantial Public Benefit Defined) below. The public benefit provided shall be of sufficient value as determined by the planning commission to justify deviation from the standards of the zoning district that currently applies to the property.

d.

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

e.

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

f.

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

g.

Findings required for the concurrent approval of a zoning map amendment can be made.

8.

Substantial Public Benefit Defined. When used in this section, "substantial public benefit" means a project feature not otherwise required by the zoning code or any other provision of local, state, or federal law that substantially exceeds the city's minimum development standards and significantly advances goals of the general plan. A project must include one or more substantial public benefits to be rezoned as a planned development. The public benefit provided shall be of sufficient value as determined by city council to justify deviation from the standards of the zoning district that currently apply to the property. Examples of substantial public benefits include but are not limited to:

a.

Housing that is affordable to lower-income households.

b.

Public plazas, courtyards, open space, and other public gathering places that provide opportunities for people to informally meet and gather.

c.

New or improved pedestrian and bicycle pathways that enhance circulation within the property and connectivity to the surrounding neighborhood.

d.

Green building and sustainable development features that substantially exceed the city's minimum requirements.

e.

Preservation, restoration, or rehabilitation of a historic resource.

f.

Increased transportation options for residents and visitors to walk, bike, and take public transit to destinations and reduce greenhouse gas emissions.

g.

Publicly accessible parks and open space beyond the minimum required by the city or other public agency.

h.

Habitat restoration and or protection of natural resources beyond the minimum required by the city or other public agency.

9.

Conditions of Approval. The city council may attach conditions of approval to a PD master plan to achieve consistency with the general plan, zoning code, and any applicable specific plan or area plan adopted by the city council.

I.

Effect of PD Master Plan. All future development and land uses within a PD combining district shall comply with the approved PD master plan.

1.

Land Uses. New land uses may be added in a PD combining district provided the PD master plan identifies the use as a permitted or conditionally permitted land use. Establishing a land use not specifically permitted by the PD master plan would require an amendment to the PD combining district.

2.

Structures. New structures may be added in a PD combining district provided the structures comply with development standards established in the PD master plan (e.g., height, setback, floor area ratio). Design review consistent with Section 18.108.040 (Design Permits) is required for all new development that was not approved with the PD master plan. Development that exceeds development standards in the PD master plan is allowed only with an amendment to the PD combining district.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.30.060 - Active fault surface rupture combining district.

A.

Purpose. The purpose of the Active Fault Surface Rupture (AFSR) combining district is protect the public from hazards caused by development located across active faults and to implement requirements of the Alquist-Priolo Earthquake Fault Zoning Act and any successor statute or regulations (Public Resource Code Section 2621 et seq.).

B.

Definitions. For the purposes of this section, certain terms are defined as follows:

1.

"Active fault" is any fault which has had surface displacement within Holocene time (about the last eleven thousand years), hence constituting a potential hazard to structures that might be located across it.

2.

"Fault trace" is the intersection of a fault surface with the earth's surface and is usually represented as a line on a map.

3.

"Official earthquake fault zone" are those areas delineated on the most current versions of maps issued by the California State Geologist, along faults deemed "sufficiently active and well-defined" pursuant to the Alquist-Priolo Earthquake Fault Zone Act (Public Resources Code Section 2621 et seq.), and the policies and criteria of the state mining and geology board and any succeeding statute or regulation.

4.

"Project," as used in this section, means:

a.

Any subdivision of land which is subject to the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code, and which contemplates the eventual construction of structures for human occupancy; and

b.

Structures for human occupancy.

c.

"Project" does not include repairs, alterations or additions to any structure within a fault zone which do not exceed fifty percent of the value of the structure or which is a conversion of an apartment complex into a condominium.

5.

"Qualified geologist" is a certified engineering geologist pursuant to the California Geologist and Geophysicist Act (Business and Professions Code Section 7800, et seq.).

6.

"Structures for human occupancy" are any structure used or intended for supporting or sheltering any use or occupancy, which is expected to have a human occupancy rate of more than two thousand personhours per year.

C.

Prohibited Development.

1.

A structure for human occupancy identified as a project within the AFSR Combining District shall not be:

a.

Located across the trace of an active fault; or

b.

Located within fifty feet of an active fault unless proven not to be underlain by active branches of the fault by a geologic report prepared by a qualified geologist.

2.

The change in use or character of occupancy of a building or structure from one not used for human occupancy to one that is used for human occupancy is prohibited unless the building or structure complies with this chapter.

D.

Geologic Report.

1.

Need for Report. For proposed projects located in the AFSR combining district, the applicant shall submit to the city a geologic report prepared by a qualified geologist. The applicant's geologist shall discuss the scope of work with a qualified geologist employed or retained by the city (reviewing geologist) prior to performing the investigation. The city shall file with the state geologist one copy of all completed geologic reports within thirty days following the community development director's acceptance of the report as complete.

2.

Waiver. The community development director may waive the requirement to prepare a geologic report in the following circumstances:

a.

If the director determines that no undue fault hazard exists based on the advice and recommendation of a qualified geologist employed or retained by the city, the director may set forth such determination in writing, citing the reasons for a waiver. Any waiver under this subsection shall be allowed only with approval of the state geologist.

b.

Notwithstanding paragraph (a) above, for a project consisting of single-family wood-frame or steel-frame dwelling not exceeding two stories when that dwelling is not part of a development of four or more dwellings, the director may waive the requirement for a geologic report upon determining that no undue fault hazard exists based on the advice and recommendation of the qualified geologist employed or retained by the city.

3.

Preparation. The geologic report required by this section shall be prepared and based on an investigation directed to the problem of potential surface displacement through the project site, and shall identify the location, recency, and nature of faulting that may have affected the project site in the past and may affect the project in the future.

E.

Appeals. Decisions of the community development director and planning commission made pursuant to this section may be appealed in accordance with Chapter 18.112 (Appeals)

F.

Additional Regulations.

1.

In addition to the regulations set forth in this section, the development services department, with the consent of the city council, may adopt such standards or regulations as necessary to protect the public

from the effects of surface rupture along active faults in official earthquake fault zones.

2.

These standards or regulations may be more stringent than, but shall not be in conflict with, the provisions of any policies and criteria adopted by the state mining and geology board pursuant to Section 2623 et seq. of the Public Resources Code of the state.

3.

Where more stringent standards or regulations have been adopted, the policies and criteria adopted from time to time by the state mining and geology board shall apply within the city.

G.

Consistency with Other Regulations.

1.

Nothing in this chapter shall be construed to relieve any person of requirements imposed by other sections of the Morgan Hill Municipal Code, the California Environmental Quality Act (CEQA), or any other applicable provision of state law.

2.

In case of conflict between this section and other requirement of the Morgan Hill Municipal Code or state law, the more restrictive shall govern.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.30.070 - Vehicle Sales Overlay Zone (-VS).

A.

Purpose of Vehicle Sales Overlay Zone. The purpose of the Vehicle Sales (-VS) overlay zone is to allow vehicle sales in different parts of the city on parcels that can support such a use. This overlay zone also incorporates specific design elements for future dealerships that align with design goals in the general plan.

B.

Applicability. The -VS overlay zone applies to parcels at the corner of Cochrane Road, Hwy 101 and DePaul Drive as shown on the zoning map extending approximately one thousand eight hundred feet south of Cochrane Road between Hwy 101 and DePaul Drive comprising of approximately 28.70 acres.

C.

Land Use Regulations.

Permitted Land Uses. Table 18.30-2 identifies land uses permitted in the Vehicle Sales (-VS) overlay zone in addition to the uses allowed pursuant to the underlying base zoning district.

Table 18.30-2 Permitted Land Uses in the Vehicle Sales Overlay District

Notes:

Allowed except for "used car sales" limited to the same property as an original equipment manufacturer. [2] ;hg;Allowed only when associated with an on-site original equipment manufacturer. [3] ;hg;Allowed only when associated with an on-site or off-site original equipment manufacturer.

D.

Development Standards. The development standards that apply in the -VS overlay zone shall be the same as the underlying base zone with the exception of the following:

1.

Vehicle Sale uses cannot utilize more than seventy percent of the total acreage available within the overlay zone, preserving thirty percent of the total acreage for non-vehicle sales uses.

E.

Design Guidelines for the Vehicle Sales (-VS) Overlay Zone. Vehicle rentals, vehicle repair and maintenance, vehicle sales and leasing, and vehicle washing uses shall substantially comply with the following design standards and shall be reviewed through a design permit as required by Section 18.108.040 (Design Permit):

1.

Site Design:

a.

Site frontages of highways and public streets should minimize the number of visible vehicles in exterior display areas.

b.

Showrooms are encouraged over exterior vehicle display areas that front onto a public street. Interior vehicle display should be limited to ground level and second floor only.

c.

To enhance the visual prominence of the dealership building, interior vehicle showrooms should be located on the front portion of the site and oriented towards the street.

d.

To reduce visual presence of vehicle maintenance areas, vehicle service entrances and service bays should be integrated within the design of the main building, when possible, be less prominent than the main building, and screened from public right-of-way vantage points.

e.

For contiguous dealerships, dealerships should be designed to provide cohesive vehicular and pedestrian access and connectivity between dealerships and other adjacent uses for ease of customer accessibility.

f.

Onsite circulation should include efficient space to support vehicular deliveries and auto service access to reduce overflow to off-site parking.

g.

To improve the visual aesthetics of contiguous dealerships, large expanses of vehicle sales areas and storage areas should be divided into smaller areas with landscaping.

h.

Vehicle sales areas, which are elevated above grade (i.e., display pedestals of any type), and exterior display areas with automated movement are prohibited unless specifically approved within the design permit for the site.

i.

Outdoor amenities, including seating, tables, and covered areas with shade, are encouraged.

j.

Accessory structures, including charging stations for electric vehicles, should be consistent with the overall design of the dealership, especially for contiguous dealerships.

k.

Noise on dealership sites from a public address system, from service departments, or other sources should be minimized.

2.

Building Design:

a.

A compatible architectural design is encouraged for contiguous dealerships in order to create a visually unified and attractive environment.

b.

Dealership buildings should have high quality architectural designs with recessed windows and entries that include large display windows.

c.

All sides of a building that are visible from public right-of-way vantage points should have a consistent architectural quality, design, and use of materials. When adjacent to the freeway or between two streets, buildings should consider two frontages or 360-degree architectural design.

d.

Parked and stored vehicles in a building should be screened from view except in ground or second level showrooms.

e.

Service bay entrances should be designed to minimize sight lines into the interior of service bays and parts departments.

f.

Accessory and ancillary structures should be architecturally compatible with the overall design of the dealership.

3.

Landscaping:

a.

Landscape buffers should be incorporated along frontages of highways and public streets.

b.

Large stormwater retention and treatment basins should be located away from public streets, when possible.

c.

Accent paving such as stamped concrete or pavers is encouraged at main entrances.

d.

For contiguous dealerships, landscaping, screening walls, and fences should be complementary amongst dealerships.

4.

Parking:

a.

Customer and employee parking and storage of vehicles for dealerships should be accommodated within the boundaries of each dealership and not on public streets.

b.

Structured parking is encouraged. Vehicle parking and storage within structures or on the roofs of buildings should not be visible from ground level vantage points.

5.

Lighting:

a.

Parking areas should have lighting capable of providing adequate illumination for security and safety.

b.

Lighting should be energy-efficient and have brightness and color necessary for the use of the on-site vehicles and structures, as well as for the needs of pedestrians.

c.

Lighting levels of interior and exterior vehicle display areas should be minimized after normal business hours.

d.

Lighting levels need to be in conformance with the City of Morgan Hill performance standards.

e.

Lighting should have fixtures that shield direct light from visibility from neighboring properties and from public streets.

f.

Lighting sources should not have motion, such as search lights that are aimed at the sky.

g.

Building illumination and architectural lighting should be indirect in character (light sources should be minimally visible). Indirect wall lighting or "wall washing," exterior overhead down lighting, or interior indirect illumination that spills outside the building is encouraged. Architectural lighting should articulate and animate building design and provide functional lighting for the safety and clarity of pedestrian movement.

(Ord. No. 2350 N.S., § 1, 12-6-2023)