§ 18.28

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)