§ 18.29

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

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Table 18.29-7 Marquee Signs

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Table 18.29-8 Monument Signs

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Table 18.29-9 Projecting Signs

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Table 18.29-10 Suspended Signs

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Standards Requirements

Table 18.29-11 Wall Signs

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Table 18.29-12 Window Signs

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(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

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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

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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)