Part 3 — CITYWIDE STANDARDS

Chapter 18.40 - ALTERNATIVE STANDARDS FOR MEDIUM DENSITY RESIDENTIAL DEVELOPMENT

The purpose of this chapter is to provide alternative development standards for medium density residential development including single-family detached and attached housing units on small lots (less than seven thousand square feet). The intent of these standards is to:

A.

Ensure that small lot development blends with the surrounding community and is compatible with neighborhoods, is sensitive to its context, and incorporates appropriate amenities and high-quality design;

B.

Implement residential development standards to enhance the appearance of the surrounding neighborhood and be well integrated with existing homes nearby;

C.

Discourage abrupt transitions in height, mass, and prevailing setback patterns and separations caused by high, solid walls and blank building faces;

D.

Recognize small lot and medium density development as a more efficient form of land use than lower density development, a means of reducing the environmental impacts of housing development, and a way to create more walkable neighborhoods;

E.

Guide new development while accommodating creativity, innovation, and flexibility in housing design; and

F.

Implement Morgan Hill Housing Element policies which encourage greater housing diversity and affordability in Morgan Hill.

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

A.

The provisions of this chapter are intended for use in the residential attached low density (RAL) and residential attached medium density (RAM) zoning districts and are principally intended for single-family homes, townhomes, patio homes, courtyard homes, duets, and similar single-family detached and attached housing types. The provisions of this chapter shall not be applicable in the residential detached (RDL, RDM, RDH), residential attached high density (RAH) and mixed use (MU-D, MU-N, MU-F) zoning districts.

B.

The standards in this chapter may be used as an alternative to the development standards for the RAL and RAM zoning districts contained in Chapter 18.18 (Residential Attached Zoning Districts). The standards in this chapter are not mandatory but instead provide an alternative to accommodate a wider range of housing types in a manner that enhances Morgan Hill's unique feel and minimizes impacts on adjacent properties.

C.

Modifications to homes in small lot developments already existing as of October 7, 2015 shall be exempt from these standards.

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

Proposed projects subject to the requirements of this chapter shall obtain a design permit pursuant to Section 18.108.040 (Design Permits).

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

Housing types allowed in the RAL and RAM zoning districts subject to the requirements of this chapter are shown in Table 18.40-1.

Table 18.40-1: Permitted Housing Types

Note:

[1] The development of detached single family dwellings shall be no greater than 25 percent of the gross buildable site area (including lots and streets).

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

A.

General. Minimum lot sizes and dimensions for specific housing types are shown in Table 18.40-2. Lot sizes, dimensions, coverage limits, and setback standards may vary based on the use within the specified zoning district.

Table 18.40-2: Medium Density Residential Development Standards

Notes:

[1] Subject to the density requirements specified in the General Plan.

[2] Standards are for individual lots and not for the subdivision as a whole.

[3] Lot coverage limits apply to individual, subdivided parcels and to accessory structures as well as the primary residential structure on the site. Development in the RAL and RAM zoning districts is also subject to an aggregate lot coverage limit for the entire subdivision. See Section 18.18.060.A.

[4] Additional requirements apply for street-facing garages. See Section 18.40.070.H.7.

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

[6] A reduced setback (as low as zero feet) is acceptable on one side yard; provided, that the sum of both side yard setbacks is at least eight feet.

[7] A reduced setback (as low as zero feet) is acceptable on one side yard; provided, that the sum of both side yard setbacks is at least ten feet.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2319 N.S., § 6, 1-20-2021; Ord. No. 2362, § 6, 2-192025)

18.40.060 - Standards for all housing types.

A.

Aggregate Lot Coverage. For all projects in the RAL and RAM zoning districts, the sum total coverage of all proposed buildings and structures shall not exceed forty percent of the gross land area of the subdivision.

B.

Transitional Standards. When a proposed project is adjacent to a residential zoning district, excluding the RAH zoning district, the following transitional standards shall apply:

1.

The building setback from the adjacent residential zoning district properties shall be five feet for interior side yards;

2.

The building setback from the abutting residential zoning district properties shall be twenty feet for rear yards for lots three thousand to five thousand ninety-nine square feet and fifteen feet for rear yards for lots one thousand four hundred forty to two thousand nine-hundred ninety-nine square feet.

3.

The building height at the above-mentioned setback lines may not exceed thirty feet. On lots where heights greater than thirty feet are allowed, the height may increase at a rate of one foot of vertical rise for every one foot of linear distance away from the setback line, to the maximum indicated in the corresponding zone district.

4.

A landscaped planter strip of at least five feet in width shall be provided along the abutting property line between a small lot subdivision or townhome development and any adjoining residential zoning district boundaries. Trees shall be planted within this area to provide screening between the small lot subdivision and the adjacent lower density uses.

C.

Open Space — Multifamily Dwellings. Common and private open space for multifamily dwellings shall be provided as shown in Table 18.40-3.

Table 18.40-3: Usable Open Space for Multifamily Dwellings

Notes:

[1] Common open space shall be fully landscaped and accessible to all residents.

[2] Roof terraces and roof gardens may provide up to fifty percent of the required common open space area if the planning commission finds that roof terraces and roof gardens provide quality open space for residents and minimize noise, privacy and other potential impacts on neighboring properties.

D.

Open Space — Attached and Detached Single-Family Homes. The following open space provisions apply specifically to small lot, courtyard, and townhome housing types, and other new developments with similar housing types. The standards recognize that small lot subdivisions may have greater common open space needs than conventional single-family development due to their smaller yard areas.

Private Open Space. Each lot must include a private open space area, such as a private yard, porch, balcony, roof garden, or patio. Private open space must be contiguous to the unit it serves and accessible and visible from the living area of the unit. The minimum amount of private open space per unit shown in Table 18.40-4 may be reduced by up to twenty-five percent if off-set by the equivalent increase in common open space.

2.

Common Open Space. Developments which have either: (a) average lot size of smaller than four thousand three hundred fifty-six square feet (e.g., density of more than ten units per net acre) or (b) fifteen units or more, are required to provide common open space for the development's residents. Table 18.40-4 identifies the open space requirements, which vary based on lot size. Such common open space shall be visible from internal or external streets and shall be designed for informal surveillance from private residences to enhance neighborhood security. Common open space shall have a minimum usable width of fifteen feet and a minimum area of five hundred square feet, a slope of no more than ten percent, accessibility to all units, and be open to the sky. It may contain amenities which enhance usability, such as swimming pools, play equipment, benches and tables, and barbecues. Parking, loading, and service areas may not be counted as open space.

Table 18.40-4: Usable Open Space for Attached and Detached Single-Family Homes

Notes:

[1] Private open space per unit may be reduced by up to twenty-five percent if off-set by the equivalent increase in common open space.

E.

Landscaping, Lighting, and Other Site Improvements. Landscaping, lighting and other site improvements shall be designed to diminish the impact of the denser development and provide a softer appearance as follows:

1.

No more than fifty percent of any required front or street-facing side yard shall be covered with a paved or impervious surface.

A planter strip at least five feet wide shall be provided on the street-facing side of all walls fronting public or private roads in addition to landscaping provided as part of the streetscape.

3.

A sufficient number and type of trees shall be provided to shade the sidewalks. Planting shall be done at the time public improvements are constructed.

4.

Street lights shall be designed and scaled at a pedestrian scale with a maximum height of sixteen feet. "Cobra head" type street lights are prohibited.

F.

Orientation. All units located along public streets shall have the primary entrance facing the street right-ofway. Exceptions to this requirement may be approved by the city for projects which are located on fourlane streets carrying high traffic volumes and streets that do not allow on-street parking. In such cases, the project may be oriented around private streets or courtyards.

G.

Roof-Mounted Equipment. Any roof-mounted mechanical equipment shall be incorporated into the roof design in such a way that it becomes an integral part of the architecture or is concealed from view.

H.

Screening. Mechanical equipment and individual refuse and recycling bins shall be screened as follows:

1.

Air conditioners, heaters, utility equipment, meters, and similar equipment shall be screened from public view. Above-ground utility transformers and other above grade equipment shall not be located within the front yard along a street.

2.

Fencing, landscaping or view-obscuring structures shall be provided to screen individual refuse and recycling bins or other refuse containers from view from public rights-of-way while still providing easy access to trash receptacles (see Figure 18.40-1).

3.

A gate wide enough to allow for passage of city standard individual refuse and recycling bins shall be provided.

4.

Individual refuse and recycling bin storage areas shall have a smooth solid surface such as concrete.

The location of refuse and recycling bins shall be shown on plans submitted for planning and building permits.

Figure 18.40-1: Standards for Trash Storage and Screening in Small Lot Subdivisions

==> picture [313 x 154] intentionally omitted <==

I.

Homeowners' Association. A homeowners' association ("HOA") shall be required to provide ongoing maintenance for private streets and utilities, alleys, private open space and recreational facilities, stormwater drainage facilities, common landscaping, lighting, and other common areas, utilities, and facilities.

J.

Terminology. For purposes of this chapter, the following terms shall be defined as follows:

1.

Adjacent. "Adjacent" means directly abutting, having a boundary or property line(s) in common or bordering directly, or contiguous to.

2.

Feasible. "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2328 N.S., § 1, 12-15-2021)

18.40.070 - Design criteria for small lot single-family subdivisions.

A.

Applicability. The standards in this section apply to small lot single-family subdivisions. They are not applicable to townhome developments or other development where the predominant unit type is attached housing.

B.

Unit Types. Units in small lot subdivisions may include single-family detached homes and "duets" which share a common wall on one side.

C.

Lot Patterns. Lot patterns shall be varied to avoid monotonous streetscapes and shall include:

1.

A variety of lot widths, depths, shapes, and sizes, such that there is a perceptible difference between lot sizes on a block. Lots shall be designed to accommodate a variety of home styles, setbacks, and garage placements;

2.

Larger lots on corners;

3.

Smaller lots surrounding common open space areas; and

4.

Blocks no longer than six hundred linear feet.

D.

Floor Plans and Front Elevations. The excessive repetition of identical floor plans and elevations shall be avoided. In subdivisions with fewer than twenty lots, at least three unique front elevations and floor plans shall be provided. In subdivisions with twenty lots or greater, at least four unique front elevations and floor plans shall be provided. Location of identical models on adjacent lots, including "back to back" lots, shall be avoided.

E.

Four-Sided Design. Facades facing the side and rear yard shall include details which are compatible with those on the front facade, with similar types and treatments of roofs, windows, shutters, planter boxes, and other architectural elements.

F.

Front Setbacks. Front yard setbacks shall be varied (see Figure 18.40-2). Generally, at least fifty percent of the homes shall have front yard setbacks which are greater than the minimum required (excluding porches and non-habitable space). This component may be implemented by recording "build to" lines on the final subdivision map.

Figure 18.40-2: Small Lot Single-Family Subdivision Front Yard Setbacks

==> picture [228 x 124] intentionally omitted <==

G.

Rear Setbacks. A variety of rear setbacks shall be provided in order to avoid the appearance of long, monotonous walls from adjacent properties along the rear lot lines.

H.

Building Size and Design. A variety of unit types and sizes, sited to provide compatibility with nearby neighborhoods, shall be provided. Buildings shall incorporate the following design features:

1.

Roof Variation. Rooflines along the longer axis of the building shall be broken with varied pitches at the skyline level. Features such as turrets, dormers, and other variations that add architectural interest and distinction are encouraged.

2.

Building Height Variation. Homes shall feature a variety of building heights, potentially including single story, two-story, three-story, split level units, and units with partial second floors. Units abutting lower density development on the perimeter of a subdivision shall generally be lower in height, or split level in design to enhance compatibility.

3.

Recessed Upper Stories. For at least fifty percent of the units, the second and third stories shall be recessed relative to the first story to reduce the appearance of building mass. The design shall avoid tall sheer walls, and preserve the privacy of adjacent properties.

4.

Primary Entrances. Primary entrances to homes shall be in a prominent and visible location facing the street. Primary entrances shall not face the side yard setback or a deep recess of the building.

5.

Usable Porches, Wherever Feasible. Porches shall have a minimum depth of five feet and a minimum width of eight feet, preferably extending a minimum of fifty percent of the width of the front facade, excluding the

garage. Porches shall also incorporate different architectural features such as railings, short walls, trellises, and varied roof elements to provide architectural detail, character, and visual interest.

6.

Garage Entries. There shall be a minimum of two locations of garage entries, such as front-facing attached garages, detached garages, and garages which are side-facing or accessed via a rear alley.

7.

Recessed Garages. Garage faces shall be recessed a minimum of five feet from the primary facade of the residence (where they face the street and not a rear alley), in order to minimize the impact of the garage on the streetscape. The garage shall not comprise more than fifty percent of the front building facade (see Figure 18.40-3) on a residential unit. If additional articulation and architectural features are introduced to minimize the impact of the garage on the streetscape, the garage front facade length may be increased to sixty-seven percent. Driveways shall facilitate tandem parking where feasible.

Figure 18.40-3: Standards for Street-Facing Attached Garages in Small Lot Subdivisions

==> picture [156 x 180] intentionally omitted <==

I.

Driveways. Driveways shall be designed to reduce the amount of pavement within the subdivision to the greatest extent possible, as follows:

1.

Maximum driveway width shall be twenty feet unless a wider driveway, up to twenty-four feet, is required for safe access;

2.

Shared driveways, such that there is a single curb cut providing access to two houses, shall be encouraged in order to reduce the number of curb cuts along a street;

3.

Driveways (and related curb cuts) shall be sited to maximize opportunities for on-street parking; and

4.

Side driveways to rear garages shall be designed wherever feasible to create opportunities for off-street tandem parking in the side yard.

J.

Parking. Parking requirements shall conform to the standards set in Chapter 18.72 (Parking and Loading), except as otherwise indicated below:

1.

Two covered parking spaces shall be required for each housing unit; and

2.

Two additional parking spaces for each unit shall be available for the use of residents and guests. These spaces may include a combination of driveway parking (including tandem parking), alley parking, on-street parking in front of the residence, and designated guest parking areas.

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

18.40.080 - Special criteria for townhome developments.

A.

Applicability. This section applies specifically to townhome developments. For the purposes of this section, a townhome shall be defined as a series of three or more adjacent single-family dwelling units, each on an independent parcel, which are connected by common walls along the side property lines. Townhomes include row houses but do not include duplexes or duets. Interior unit townhomes typically have zero feet side yard setbacks on both sides, while end unit townhomes have a zero feet side yard setback on one side.

B.

Facade Articulation. All building facades shall have at least one horizontal or vertical projection or recess at least four feet in depth, or two projections at least two and one-half feet in depth, for every twenty-five horizontal feet of wall. The articulated elements must be greater than one story in height and may be grouped rather than evenly spaced in twenty-five-foot modules. Front porches, stoops, fireplaces, overhangs, trellises, and similar projections into the front yard may count toward this requirement.

C.

Variable Roof Forms. Variable roof forms shall be incorporated into the building design. No more than two side-by-side units may be covered by one unarticulated roof. Articulations may be accomplished by changing roof height, offsets, and direction of slope and by introducing elements such as dormers, towers, and parapets. Alternative design approaches may be approved by the city, provided the goal of breaking down large building masses into smaller units is achieved.

D.

Garage Location. Garages shall be located to the rear of the townhome and accessed via an alley or shared driveway wherever feasible. Garage faces shall be recessed a minimum of five feet from the primary facade of the residence (where the garage faces the street and not a rear alley) in order to minimize the impact of the garage on the streetscape. The garage shall not comprise more than fifty percent of the front building facade on a residential unit.

E.

Facade Detailing and Materials. All visible building facades shall incorporate details, such as window trim, window recesses, cornices, changes in materials, or other design elements, in an integrated composition. Each side of a building that is visible from a public right-of-way, courtyard, or common open space, shall be designed with a complementary level of detailing and quality of materials.

F.

Projections and Recesses. Facades shall incorporate balconies, bay windows, porches, and similar projections and recesses in a pattern that creates architectural interest across the length of the facade of a row of townhomes. Roofed projections or recesses shall be provided for all building entrances.

G.

End Units. The side-facing facades at the end of a row of townhouses (or rowhouses) shall be consistent in design quality, materials, and massing with the street-facing building facades. End unit facades shall be designed to create a strong relationship with the street, with elements such as wrap around porches and bay windows facing the street or side yard area.

H.

Entry Elevation. The ground floor elevation of a townhome shall be no more than thirty inches above the finished grade immediately adjacent to the entry.

I.

Walkways. Walkways shall be provided to link the townhomes to recreational and other internal facilities as well as the other residential units and nearby public streets. Paseos, or pedestrian walks through common open space areas, are strongly encouraged.

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

18.40.090 - Special criteria for courtyard home development.

A.

Applicability. This section shall specifically apply to courtyard home development. For the purposes of this section, courtyard homes are defined as individual homes on small lots arranged around a common driveway. Courtyard homes are intended to lessen the impact of curb cuts and garages on the streetscape and enable homes to be oriented to a public street or open space rather than a driveway and street-facing garage.

B.

Units Per Courtyard. No more than six units shall be accessed from a single courtyard.

C.

Orientation. Homes adjacent to the street to which the courtyard connects shall face that street (rather than the courtyard) whenever feasible.

D.

Courtyard Design and Pavement. The portion of the courtyard used for vehicle circulation shall be finished with decorative pavement and shall be at least sixteen feet wide, with a minimum width of twenty feet at its entrance to the adjacent street. Courtyards shall not exceed one hundred feet in length.

E.

Vistas. Terminating vistas of the courtyard from nearby streets shall not be dominated by garages.

F.

Garage Aprons. Paved areas in front of garage doors shall have a minimum backout dimension of twentyfour feet. To avoid obstruction of the courtyard, garage aprons shall be either less than six feet deep or more than eighteen feet deep. Aprons shall be limited to the rear units on a courtyard so that the parking aprons are not visible from the adjacent public or private streets.

G.

Recessing of Garages. Garages shall be recessed behind the main dwelling unit by at least two feet.

H.

Architectural Unity. All units on a court shall share a common architectural theme, although variations in building types and elevations on end units are encouraged.

I.

Windows. Windows shall be sited and designed to maximize privacy and shall be set back from the property line to the maximum extent feasible. Second floor windows overlooking private open space areas of adjacent units shall be avoided wherever feasible.

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

A.

Applicability. This section applies specifically to condominium developments. For the purposes of this section, a residential condominium development shall be defined as:

A residential project that consists of an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. The area within these boundaries may be filled with air, earth, water, or fixtures, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. The description of the unit may refer to: (1) boundaries described in the recorded final map, parcel map, or condominium plan; (2) physical boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of a structure or any portion thereof; (3) an entire structure containing one or more units; or (4) any combination thereof.

2.

The portion or portions of the real property held in undivided interest may be all of the real property, except for the separate interests, or may include a particular three-dimensional portion thereof, the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The area within these boundaries may be filled with air, earth, water, or fixtures, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support.

3.

An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property.

B.

Condominium Plan. A condominium plan shall contain all of the following:

1.

A description or survey map of a condominium project, which shall refer to or show monumentation on the ground.

2.

A three-dimensional description of a condominium project, one or more dimensions of which may extend for an indefinite distance upwards or downwards, in sufficient detail to identify the common area and each separate interest.

3.

A certificate consenting to the recordation of the condominium plan pursuant to the provisions of the Civil Code and acknowledged as provided in Section 4290 of the Civil Code.

C.

Utility Metering.

1.

The consumption of gas and electricity within each unit shall be separately metered so that the unit owner can be separately billed for each utility.

2.

Each dwelling unit shall be served by a separate city water meter. An additional separate city meter shall be provided to serve the common landscape areas in the condominium project.

D.

Laundry Facilities. Each unit shall be provided with space and utility hookups within the unit or attached garage to accommodate a standard sized washer and dryer. The minimum dimensions shall be six feet wide and three feet deep.

E.

Sound Transmission. Each condominium unit shall comply with the state of California's Noise Insulation Standards (Title 24 of the California Code of Regulations).

F.

Building Code Requirements. Each unit of a condominium project and all commonly owned portions of a condominium building shall comply with all applicable building code standards. Nothing herein shall be construed to prevent or prohibit the applicant or the city from providing or requiring building standards greater than those set forth in the building code where the greater standards are found to be necessary to carry out the purposes and intent of this chapter.

G.

Design Standards. Design standards in this chapter applicable to specific housing type(s) (e.g., townhomes, multifamily) shall apply to those housing types within a condominium project.

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

18.40.110 - Special criteria for multifamily development.

A.

Applicability. This section shall specifically apply to multifamily developments which shall be defined as a building designed and used as a residence for three or more families living independently of each other and containing three or more dwelling units.

B.

Laundry Facilities. Adequate laundry facilities shall be provided for all multiple-unit projects with at least one washing machine and one dryer per each five dwelling units.

C.

Storage Area. Each unit shall be provided a separate storage area consisting of at least one hundred cubic feet and having a minimum horizontal surface of twenty-five square feet.

D.

Building Frontage and Orientation. Units shall face streets, open spaces and internal private streets whenever possible. Building fronts shall include porches and door facing streets.

E.

Open Space. Common open space shall be centralized and directly accessible to units. Open common space shall be linked to adjacent parks, paseos, and paths.

F.

Variable Roof Forms. Variable roof forms shall be incorporated into the building design. Articulations may be accomplished by changing roof height, offsets, and direction of slope, and by introducing elements such as dormers, towers, and parapets. Alternative design approaches may be approved by the City, provided the goal of breaking down large building masses into smaller units is achieved.

G.

Facade Detailing and Materials. All visible building facades shall incorporate details, such as window trim, window recesses, cornices, changes in materials or other design elements, in an integrated composition. Each side of a building that is visible from a public right-of-way, courtyard, or common open space shall be designed with a complementary level of detailing and quality of materials.

H.

Projections and Recesses. Facades shall incorporate balconies, bay windows, porches, and similar projections and recesses in a pattern that creates architectural interest across the length of the facade. Roofed projections or recesses shall be provided for all building entrances.

I.

End Units. The side-facing facades at the end of a multifamily building shall be consistent in design quality, materials, and massing with the street-facing building facades. End unit facades shall be designed to create a strong relationship with the street, with elements such as wraparound porches and bay windows facing the street or side yard area.

J.

Walkways. Walkways shall be provided to link the multifamily units to recreational and other internal facilities as well as the other residential units and nearby public streets. Paseos, or pedestrian walks through common open space areas, are strongly encouraged.

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

Chapter 18.44 - ACCESSORY STRUCTURES AND USES

This chapter establishes standards for accessory structures and uses. The intent of these standards is to:

A.

Ensure accessory structures and uses in residential districts are consistent with the residential character of the neighborhood;

B.

Maintain adequate light and air between structures;

C.

Minimize the visual impact associated with the height and bulk of accessory structures; and

D.

Ensure that accessory structures and uses are subordinate to the primary residence on the same lot.

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

18.44.020 - Accessory structures in all zoning districts.

The following standards apply to accessory structures in all zoning districts:

A.

Primary Structure Standards. Unless otherwise stated in this chapter, an accessory structure shall comply with all regulations applicable to the primary structure on the site.

B.

Relation to Primary Structure. Accessory structures and their use shall be clearly incidental and subordinate to the primary structure on the site.

C.

Location. Accessory structures shall be located on the same site as the primary use to which it incidental and subordinate.

D.

Timing. Except for temporary construction trailers, accessory structures may not be constructed or established prior to the start of construction of the principal use or structure.

E.

Accessory Structures Attached to Main Building. When an accessory building or structure is attached to the main building, it shall be made structurally a part of and have a common wall or roof with the main

building and shall comply in all respects with the requirements of the Zoning Code applicable to the main building.

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

A.

Applicability. This section applies to the following types of accessory structures in residential zoning districts.

1.

Roofed structures, including, but not limited to, detached garages, carports, sheds, shade structures, play structures, covered dog enclosures, and gazebos, over seven feet in height and/or one hundred twenty square feet in size.

2.

Detached open, unroofed, and roofed structures such as decks.

3.

Trellises and other similar structures over seven feet in height.

4.

Mechanical equipment and mechanical equipment enclosures such as solar panels and water storage tanks, heating, and air conditioning equipment, and other similar mechanical equipment detached from the main building on the site.

5.

Pools, spas and hot tubs.

6.

Ponds eighteen inches or more in depth.

7.

Fireplaces, barbeque structures, statuary, fountains, and other similar ornamental features.

B.

Limitation on Use.

1.

Accessory structures may not be used as living space which is heated and/or cooled.

2.

Accessory structures, including pool houses, may be equipped with a half bath only (toilet and sink).

3.

An accessory structure that does not comply with these use limitations shall be considered an accessory dwelling unit subject to the requirements of Chapter 18.84 (Accessory Dwelling Units).

C.

Development Standards.

1.

Lot Coverage in Setback Areas. Roofed accessory structures such as garages and sheds and open, unroofed structures such as decks may collectively occupy no more than thirty percent of a required side or rear setback area. See Figure 18.44-1.

2.

Height. Accessory structures shall comply with maximum height standards in Table 18.44-1.

Figure 18.44-1: Accessory Structure Lot Coverage in Setback Areas

==> picture [228 x 188] intentionally omitted <==

Table 18.44-1: Maximum Accessory Structure Height

D.

Setbacks from Property Lines. Accessory structures shall comply with the minimum property line setback standards in Table 18.44-2.

E.

Building Separation. Accessory structures shall be setback the minimum distance from other structures on the lot as required by the building code.

F.

Access Easements. Accessory structures may not be located within a public or private access easement.

Table 18.44-2: Minimum Accessory Structure Setbacks

Notes:

[1] All openings for freestanding fireplaces and built-in barbeques shall meet all Uniform Building Code and Uniform Fire Code requirements.

[2] Height measured from ground to walking surface.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2319 N.S., § 7, 1-20-2021; Ord. No. 2327 N.S., § 12, 12-15-2021; Ord. No. 2341 N.S., §§ 1, 2, 2-15-2023; Ord. No. 2352, § 5, 4-24-2024; Ord. No. 2362, §§ 7, 8, 2-19-2025)

18.44.040 - Accessory structures in non-residential zoning districts.

Accessory structures in non-residential zoning districts are subject to the same development standards (e.g., height and setbacks) as primary structures in the applicable zoning district.

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

18.44.050 - Accessory uses.

A.

Residential Accessory Uses. The following requirements apply to accessory uses in residential zoning district.

1.

Accessory uses shall be located on the same parcel as a residence and shall be clearly incidental and subordinate to the residence.

2.

Accessory uses shall not change the character of the residential use. Examples of permitted accessory uses include home occupations and personal property sales (i.e., garage or yard sales).

B.

Non-Residential Accessory Uses. The following requirements apply to accessory uses in non-residential zoning districts.

1.

Accessory uses shall be a part of and clearly incidental and subordinate to the primary use to which it relates.

2.

Accessory uses shall be located on the same site as the primary use to which it is incidental and subordinate.

3.

Accessory uses may not necessitate an increase in required number of parking spaces.

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

Chapter 18.48 - RESIDENTIAL DENSITY BONUS PROVISIONS

These residential density bonus provisions are intended to implement state law in accordance with applicable sections of the California Government Code Section 65915 et seq., as may be amended from time to time.

(Ord. No. 2336 N.S., § 3, 11-2-2022)

A.

Application. The applicant must identify in its application materials the number of bonus units and any incentives, concessions, waivers or reductions of development standards or parking ratios requested pursuant to Section 65915. This application shall be filed concurrently with other housing development applications.

B.

Eligible Project. To be eligible for a density bonus, a proposed housing development, as defined in Government Code Section 65915(i), shall include a percentage of affordable units as described in Government Code Section 65915(b)(1). The housing development shall comply with Government Code Section 65915(c) and Chapter 14.04 of the Morgan Hill Municipal Code to assure the continued affordability of the units.

C.

Documentation. An applicant shall provide to the City reasonable documentation as described in the development application to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios.

(Ord. No. 2336 N.S., § 3, 11-2-2022)

For eligible projects, consistent with the requirements of this chapter and Government Code Section 65915, the city council shall grant an increase in the number of dwelling units permitted in the proposed project. The amount of density bonus is based on the number, type, and degree of affordable units as specified in Government Code Section 65915(f), (g), and (h).

(Ord. No. 2336 N.S., § 3, 11-2-2022)

An applicant may request one or more concessions or incentives, as defined in Government Code Section 65915(k), from the city as provided in Government Code Section 65915(d). The city council shall grant the

requested concessions or incentives unless city council makes one or more findings described in Government Code Section 65915(d)(1).

(Ord. No. 2336 N.S., § 3, 11-2-2022)

An applicant may request waivers or reductions of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision 65915(b) at the densities or with the concessions or incentives permitted pursuant to Government Code Section 65915(e). The city council shall grant the requested waiver or reduction unless the city council makes a finding that the waiver or reduction would have a specific adverse impact as described in Government Code Section 65915(e)(1).

(Ord. No. 2336 N.S., § 3, 11-2-2022)

An applicant may request a reduction in parking ratios as provided in Government Code Section 65915(p). The city council shall grant the requested waiver or reduction in parking ratios as described in Government Code Section 65915(p).

(Ord. No. 2336 N.S., § 3, 11-2-2022)

The city council shall review and act on all density bonus, incentive/concession, waivers or reductions of development standards, and reduction in parking ratios requests.

(Ord. No. 2336 N.S., § 3, 11-2-2022)

Every project that receives a density bonus, incentive, concession, or waiver or reduction of development standards, must comply with Title 14 of the Morgan Hill Municipal Code and Government Code Section 65915, including, but not limited to, recording an affordability restriction.

(Ord. No. 2336 N.S., § 3, 11-2-2022)

Chapter 18.52 - FENCES AND WALLS

This chapter establishes standards for fences and walls that apply in all zoning districts. For the purposes of this title, the term "fence" includes fences or walls. Walls that are required by a mitigation measure and designed and approved through a discretionary permit for noise attenuation are exempt from this chapter.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2319 N.S., § 8, 1-20-2021)

A.

No Planning Permit Required. Fences and walls consistent with this chapter are permitted by-right without the requirement to obtain any planning permit unless otherwise stated.

B.

Building Permit. Fences and walls may require a building permit as required by California Building Code.

C.

Encroachment Permit. A fence or wall in the public right-of-way requires approval of an encroachment permit consistent with Municipal Code Chapter 12.08 (Excavation and Encroachment).

D.

Minor Exception. The community development director may grant a minor exception to increase the maximum permit height of a fence or wall as described in Section 18.52.050 (Exceptions to Height Limits).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2319 N.S., § 8, 1-20-2021)

18.52.030 - Measurement of fence and wall height.

A.

Measurement of Height. The height of a fence or wall is measured from the finished grade at the base of the fence or wall to the top edge of the fence or wall.

B.

Fences on Retaining Walls. If a fence or wall is atop a retaining wall, the height of the fence or wall shall be determined exclusive of the height of the retaining wall such that the top of the retaining wall is considered the finished grade.

C.

Fences Not Located on a Retaining Wall. If the adjacent finished grade is different on opposite sides of a fence or wall, and the fence or wall is not located on top of a retaining wall, the height is measured from the side with the lowest finished grade to the highest point on the fence or wall.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2319 N.S., § 8, 1-20-2021; Ord. No. 2341 N.S., § 3, 2- 15-2023)

18.52.040 - Height limits.

A.

Maximum Height. Fences and walls may not exceed the maximum height shown in Table 18.52-1 and Figure 18.52-1 except as allowed by Section 18.52.050 (Exceptions to Fence Height Limit).

Table 18.52-1: Maximum Fence and Wall Height

Notes:

[1] An additional one foot of fence height up to a maximum of seven feet is permitted for lattice work and other decorative features uniformly open to the passage of light and air.

Figure 18.52-1: Maximum Fence and Wall Height

==> picture [288 x 179] intentionally omitted <==

B.

Decorative Features. A decorative arch, gate, trellis or other entry feature located along a street frontage may exceed the height limit shown in Table 18.52-1. Decorative features shall be limited to ten feet in width and ten feet in height. Only one decorative feature is permitted per street frontage. See Figure 18.52-2.

C.

Clear Triangle. Walls and fences shall comply with clear triangle requirements in Section 18.92.080 (Intersection Site Distance).

Figure 18.52-2: Decorative Entry Features

==> picture [228 x 152] intentionally omitted <==

• (Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2319 N.S., § 8, 1-20-2021)

The community development director may approve a minor exception (Section 18.108.070) to allow an increase to the maximum permitted height of a fence or wall as described below.

A.

Open Space and Residential Estate Zoning Districts.

1.

Within the open space and residential estate zoning districts, the community development director may grant a minor exception to increase the maximum height of a fence in the front setback area to a maximum six feet in height.

2.

This exception applies only to open, wrought iron or decorative fences that are at least seventy percent open to the passage of light and air.

3.

Chain link, chain link with wood or vinyl slats, solid board fences, or any other type of view obstructing fencing may not exceed three feet in height in the front setback area.

B.

All Zoning Districts. The community development director may grant a minor exception to increase the maximum height of a fence or wall by two feet in the front setback area and one foot behind the front setback line in the following cases:

1.

The topography of sloping sites or a difference in grade between adjoining sites warrants such increase in height to maintain privacy, security, or effectiveness of screening.

2.

A property is located adjacent to public parks, other public spaces or adjacent to private common area parks and open space where an increase in fence or wall height would not unreasonably affect desirable views or vistas or the open space value of abutting sites.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2319 N.S., § 8, 1-20-2021)

The following fence and wall materials and types are prohibited unless otherwise approved by the planning commission:

A.

Residential zoning districts: Barbed wire, razor wire, chain link, sheet metal, and electric fences.

B.

Commercial zoning districts: Chain link and sheet metal fences. Barbed wire, razor wire and electric fences within the front setback area or where a property abuts a residential zoning district or residential land use designation.

C.

Industrial zoning districts: Barbed wire, razor wire, chain link, sheet metal and electric fences within the front setback area.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2319 N.S., § 8, 1-20-2021)

18.52.070 - Nonconforming fences and walls.

See Chapter 18.68 (Nonconforming Uses and Structures).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2319 N.S., § 8, 1-20-2021)

18.52.080 - Special fence and wall requirements.

A.

Fence and Wall Design. Fences and walls shall be constructed of attractive, long-lasting materials (e.g., masonry, wood, tubular steel, fiberglass, or stone). Walls shall consist of a decorative design and/or be screened with landscaping.

B.

Public Frontage Fencing of Nonresidential and Multifamily Projects. Where fencing is proposed along public frontages of nonresidential and multifamily projects, such fencing shall be open view unless otherwise required to be solid for noise attenuation. Open view fencing shall also be required when located adjacent to open space areas.

C.

Screening of Outdoor Storage. Outdoor storage shall be fenced or screened from view. Such screening shall utilize enclosures including, but not limited to, fences, walls, landscaping, or earthen berms. Screening shall be visually compatible with the primary buildings and landscape on the property.

D.

Screening for Commercial or Industrial Uses Adjacent to Residential Zones. Commercial and industrial uses shall be screened from adjacent residential zones by a decorative or landscaped masonry wall with a minimum height of seven feet to screen the commercial or industrial use. This requirement is not intended to preclude the development of pedestrian/bicycle access points between commercial and residential.

E.

Screening of Loading Docks and Refuse Areas. Loading docks and refuse storage areas shall be screened from public view, adjoining public streets and rights-of-way, and residentially zoned areas. The method of screening shall be architecturally compatible with other on-site development in terms of colors and materials.

F.

Maintenance. Fences and walls shall be continuously maintained in an orderly and good condition.

(Ord. No. 2319 N.S., § 8, 1-20-2021)

Chapter 18.56 - HEIGHT, SETBACK AND LOT COVERAGE EXCEPTIONS

This chapter identifies permitted exceptions to height, setback, and lot coverage requirements for zoning districts as established in Part 2 (Zoning Districts and Overlay Zones).

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

A.

Projections Allowed By-Right. Table 18.56-1 identifies building features which may project above the maximum permitted building height in the applicable zoning district. These projections are permitted byright, with no discretionary permit required.

Table 18.56-1: Allowed Projections Above Height Limits

Notes:

[1] Must be set back from the exterior wall one foot for every foot of projection above the height limit.

[2] As measured from the building roofline.

B.

Height Exceptions Allowed with Minor Exception. The community development director may allow

buildings to exceed the maximum permitted height in the applicable zoning district by up to ten percent with the approval of a minor exception. See Section 18.108.070 (Minor Exception).

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

A.

Projections into Required Setback. Table 18.56-2 identifies primary building features which that may project into minimum required setbacks in the applicable zoning district. These projections are permitted by-right, with no discretionary permit required.

Table 18.56-2: Allowed Projections Into Required Setbacks

Notes:

[1] Features may not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.

B.

Accessory Structures. See Chapter 18.44 (Accessory Structures and Uses) for setback requirements that apply to accessory structures.

C.

Setback Exceptions Allowed with Minor Exception. The community development director may decrease the required front and rear setback by up to twenty-five percent and the required side setback by up to forty percent with the approval of a minor exception. See Section 18.108.070 (Minor Exception).

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

A.

The community development director may increase the maximum lot coverage requirement by up to ten percent with the approval of a minor exception. See Section 18.108.070 (Minor Exception);

B.

Accessory dwelling units up to eight hundred fifty square feet in size, permitted pursuant to Chapter 18.84 (Accessory Dwelling Units), are exempt from lot coverage requirements.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2319 N.S., § 9, 1-20-2021; Ord. No. 2341 N.S., § 4, 2- 15-2023)

Chapter 18.60 - HISTORIC RESOURCES

A.

General Purpose. The purpose of this chapter is to promote the public health, safety and general welfare by providing for the identification, protection, enhancement, perpetuation and use of historical resources, including buildings, structures, signs, objects, features, sites, areas, record, manuscript, historic and prehistoric archaeological sites, places, districts, designed landscapes, cultural landscapes and areas within the city that reflect special elements of the city's architectural, artistic, cultural, engineering, aesthetic, historical, political, social and other heritage.

B.

Specific Intent. This chapter is specifically intended to:

1.

Safeguard the heritage of the city as embodied and reflected in such resources;

2.

Encourage public knowledge, understanding and appreciation of the city's past;

3.

Foster civic and neighborhood pride and a sense of identity based on the recognition and use of historical resources;

4.

Promote the enjoyment and use of historical resources appropriate for the education and recreation of the people of the city;

5.

Preserve historic architectural styles and design preferences reflecting phases of the city's history and to encourage complementary contemporary design and construction;

6.

Enhance property values and to increase economic and financial benefits to the city and its inhabitants;

7.

Protect and enhance the city's attraction to tourists and visitors (thereby stimulating business and industry);

8.

Identify as early as possible and resolve conflicts between the preservation of the historical resources and alternative land uses;

9.

Integrate the preservation of historical resources and the extraction of relevant data from such resources into public and private land management and development processes; and

10.

Conserve and recycle valuable community resources by continuing use and maintenance of the historic built environment.

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

18.60.010 - Applicability.

This chapter applies to potentially significant, significant, and designated historical resources within the city of Morgan Hill.

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

18.60.020 - Definitions.

A.

Terms Defined. Terms used in this chapter are defined as follows:

1.

"Adopted survey list" is a list of resources (e.g., object, building, structure, site, area, place, record, or manuscript) which the city of Morgan Hill determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of Morgan Hill but have not been officially designated or listed on the local register. Resources listed on the adopted survey list shall be considered significant historical resources for the purposes of this chapter.

2.

"Age" means the characteristic of being at least forty-five years old.

3.

"Alteration" is exterior change or modification of character-defining features, through public or private action, of any significant or potentially significant historical resource, or of any contributing resource located within an historic district, which may include but not be limited to, exterior changes to or modification of structure, architectural details or visual characteristics such as surface texture, grading, surface paving, new structures, cutting or removal of trees and other natural features, disturbance of

archeological sites or areas and the placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, significant plantings and landscape accessories, to the extent that such would affect the exterior character-defining features of the property containing the resource.

4.

"Association" is the direct link between an important historic event or persons and a historic property for design, engineering or construction value and the ability to yield important information about prehistory or history.

5.

"Buildings" are structures created to shelter human activity. Historic buildings are considered in their entirety. A building that has lost its basic structural elements is usually considered a "ruin" and is categorized as a site.

6.

"Character-defining features" are those physical characteristics of an historical resource that convey its historical significance and justify its inclusion in or eligibility for inclusion in the National, California or Local Register. Character-defining features of a resource are documented by a qualified professional on a primary record survey form and/or a full historic evaluation; and also may consist of features mutually agreed upon by a property owner and the community development director or designated city staff.

7.

"Design" is the combination of elements that create the form, plan, space, structure and style of a property.

8.

"Designated historical resource" is any historical resource that has been determined to be significant and that has been designated and placed on a local register of historical resources pursuant to this chapter.

9.

"Evaluation" is an intensive survey used to determine historical significance of a resource. An evaluation consists of completed Department of Parks and Recreation (DPR) 523 series survey forms, including: 1) Primary Record (523A); 2) Building, Structure, Object Record (523B); and 3) Any additional survey form appropriate for documentation of the subject resource.

10.

"Feeling" is a property's expression of the aesthetic or historic sense of a particular period of time and results from the presence of physical features that, taken together, convey the property's historic character.

11.

"Historical resources" include the following classifications: buildings, structures, sites, objects, historic district and archaeological resources that have determined to have a) Age, b) Integrity and c) Historical

significance. For the purposes of this chapter and the California Environmental Quality Act (CEQA), the term "historical resources" shall include the following:

a.

A resource listed in, or determined to be eligible by the State Historical Resources Commission, for listing in the National Register or the California Register of Historical Resources.

b.

A resource included in a local register of historical resources or identified as significant in an historical resource survey meeting the requirements of section 5024.1(g) of the California Public Resources Code will be presumed to be historically or culturally significant, unless the preponderance of evidence demonstrates that it is not historically or culturally significant.

c.

Any object, building, structure, site, area, place, record, or manuscript which the city of Morgan Hill determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California or of Morgan Hill.

d.

The fact that a resource is not listed in or determined to be eligible for listing in the California Register, and is not listed in a local register, does not preclude the city from determining that the resource is a potentially significant historical resource, such that further evaluation can be required to evaluate the resource for historic significance.

12.

"Historic context statement" is a document adopted by the city council that describes historic periods and themes in Morgan Hill's history, which is used as a tool to assist with the assessment of a property's historic significance, by providing a framework against which to objectively qualify the property's relationship to larger themes and events.

13.

"Historic district" is a geographically-definable area—urban or rural, small or large—possessing a significant concentration, linkage, or continuity of sites, buildings, structures and/or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history. A contributing resource within the district is an historical resource which contributes to the character of a historic district as described in National Register Bulletin 15.

14.

"Historical significance" in national, state or local history, architecture, archaeology, engineering and culture is present in districts, sites, buildings, structures and objects that possess age, integrity and association with an important historical context:

a.

That are associated with events that have made a significant contribution to the broad patterns of our national, state and/or local history and cultural heritage; or

b.

That are associated with the lives of persons significant in our national, state and/or local past; or

c.

That embody the distinctive characteristics of a type, period, region, or method of construction, or that represent the work of a master or important creative individual, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

d.

That have yielded, or may be likely to yield, information important in prehistory or history.

15.

"Historic preservation officer" is defined as the community development director when such a designation is relevant for consultation with federal agencies for the purpose of Section 106 procedures. This designation may be used for other consultations affecting community historical resources.

16.

"Integrity" is the ability of a property to convey its significance and evaluation of integrity is grounded in an understanding of a property's physical features and how they relate to its significance. There are seven aspects or qualities that, in various combinations, define integrity: location, design, setting, materials, workmanship, feeling and association. To retain historic integrity a property will always possess several, and usually most, of the aspects. Determining which of the seven aspects are most important to a property requires knowing why, where and when the property is significant.

17.

"Interior architectural feature" is any portion of the interior of a public space in a publicly owned building, or of a space in a privately-owned building designated or listed at the request of the owner, where the space is generally accessible for use and viewing by the general public. The feature must meet the criteria for historic significance in accordance with the criteria for designation as provided in this chapter. Proposed changes to designated historic interior spaces must follow the same procedures outlined in this chapter for alteration to exterior features.

18.

"Local register" is a list of properties officially designated or recognized as historically significant by the city of Morgan Hill pursuant to a local ordinance or resolution adopted by the city council.

"Location" is the place where the historic property was constructed or the place where the historic event occurred.

20.

"Object" is a material thing of functional, aesthetic, cultural, historical or scientific value that may be, by design or nature, moveable yet related to a specific setting or environment.

21.

"Potentially significant historical resource" is a resource that is identified through a reconnaissance survey and/or by the city to have (a) age and (b) integrity but historical significance has not yet been evaluated or determined.

22.

"Preservation" is defined as the act or process of applying measures necessary to sustain the existing form, integrity and materials of an historical resource. Work including preliminary measures to protect and stabilize the resource generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction.

23.

"Reconnaissance survey" is a preliminary historic survey used of a defined geographic area, which identifies resources warranting further evaluation to determine historical significance, and which may also identify geographic areas and/or properties that do not have potential historical resources and will not be subject to historic review as long as the timeframe of the reconnaissance survey remains valid for such determination. A reconnaissance survey will generally include DPR 523 primary record survey forms (DPR 523A) or equivalent information for those resources determined to warrant future further evaluation.

24.

"Reconstruction" is defined as the act or process of depicting, by means of new construction, the form, features and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location.

25.

"Rehabilitation" is defined as the act or process of making possible a compatible use for a resource through repair, alterations and additions while preserving those portions or features which convey its historical, cultural, or architectural value.

26.

"Restoration" is defined as the act or process of accurately depicting the form, features and character of a resource as it appeared at a particular period in time by means of the removal of features from other periods in its history and reconstructing missing features from the restoration period.

27.

"Setting" is the physical environment of a historic property. Whereas location refers to the specific place where a property was built or an event occurred, setting refers to the character of the place in which the property played its historical role.

28.

"Site" is the location of a significant event, a prehistoric or historic occupation or activity, or a building, structure or landscape, whether standing, existing, ruined, or vanished, where the location itself possesses historic, cultural, or archaeological value regardless of the value of any existing structure. A site can possess associative significance or information potential or both, and can be significant under any or all of the four criteria for evaluation of significance.

29.

"Standards" are the Secretary of the Interior's Standards for the Treatment of Historic Properties, which is the body of information that provides acceptable approaches for preserving, rehabilitating, restoring and reconstructing significant historical resources or potentially significant historical resources. A project that follows the Secretary's Standards is considered not to result in a significant impact to the resource under the California Environmental Quality Act(CEQA).

30.

"Structure" is a man-made feature made of interdependent and interrelated parts in a definite pattern of organization. The term "structure" is used to distinguish from "buildings" which are constructed primarily for human shelter. If a structure has lost its historic configuration or pattern of organization through deterioration or demolition, it is usually considered a "ruin" and is categorized as a site.

31.

"Substantial adverse change" means demolition, destruction, relocation, or alteration of the characterdefining features of an historical resource or its immediate surroundings such that the significance of an historical resource would be materially impaired. A project with an effect that may cause a substantial adverse change is a project that may have a significant effect on the environment under CEQA.

32.

"Unique archaeological resource" is a type of historical resource and means an archaeological artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it meets any of the following criteria:

a.

Contains information needed to answer important scientific research questions and that there is a demonstrable public interest in that information.

b.

Has a special and particular quality such as being the oldest of its type or the best available example of its type.

c.

Is directly associated with a scientifically recognized important prehistoric or historic event or person.

33.

"Workmanship" is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory.

B.

Terms Not Defined. Terms not defined in this section shall be interpreted so as to give this chapter its most reasonable meaning and application.

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

18.60.030 - Identification of historical resources.

A.

Citywide Reconnaissance Survey.

1.

In 2008, the city completed a reconnaissance survey to identify potential historical resources located within the city of Morgan Hill 2007 Urban Growth Boundary (UGB). The survey process included a visual survey of over 870 properties containing structures at least forty-five years in age. From the over 870 properties, 126 DPR 523A primary record survey forms were completed for properties appearing to maintain historic integrity. The reconnaissance survey will be used to exclude properties from further historic evaluation and to identify those properties requiring a full evaluation as defined in this chapter, as part of future development proposals, to determine historical significance.

2.

The city of Morgan Hill may periodically update the citywide reconnaissance survey and/or survey additional properties located within the city limits, urban growth boundary, urban limit line, or sphere of influence boundary, for the purposes of identifying those properties or geographic areas that are determined not to be or contain potentially significant historical resources, as well as to identify those properties or areas that may contain potentially significant historical resources and will require additional evaluation in order to make determinations of age, integrity and/or significance.

3.

The city of Morgan Hill will maintain a comprehensive record of reconnaissance surveys, evaluations and historic reports completed for properties located within the city limits, urban growth boundary and/or sphere of influence, including those completed as part of the 2008 Reconnaissance Survey and those submitted by individual applicants.

B.

Local Register of Designated Historical Resources. The city of Morgan Hill will maintain a local register of designated historical resources consisting of resources determined by the city council to possess age, integrity and significance. The city of Morgan Hill will also maintain an adopted survey list identifying resources considered to be significant to Morgan Hill but not officially designated or listed on the local register. For the purposes of this chapter, an object, building, structure, site, area, district, unique archaeological resource, place, record, or manuscript may be classified a designated historical resource and placed on the local register by the planning commission pursuant to Section 2.36.040 if it is determined through survey and documentation to be a "historical resource" as defined in this chapter, which are determined to have (a) age, (b) integrity and (c) historical significance as defined by this chapter

C.

Archaeological Sensitivity Maps. The city of Morgan Hill may publish or adopt archaeological sensitivity maps and/or may request the assistance of the Northwest Information Center, which is the area's historical resources information system located at Sonoma State University, for information about known archaeological sites, or about potential historic or prehistoric resources that may be determined to be significant or unique.

D.

Site Specific Evaluations. The city of Morgan Hill may require project applicants to retain qualified consultants to prepare evaluations that can be used by the city to determine whether a property or site is a potentially significant or a significant historical resource, as part of development review and/or environmental review processes. The city may require a peer review by the city's historic consultant of any evaluation report submitted directly by an applicant. Reconnaissance surveys and evaluations shall use the adopted Morgan Hill Historic Context Statement as a tool for understanding whether and why the property is significant. A resource must be associated with an important historical context and retain integrity of those features necessary to convey that significance.

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

18.60.040 - Local register designation process.

Historical resources and historic districts shall be designated and placed on the local register by the planning commission as follows:

A.

Request for Designation. The city of Morgan Hill or any property owner may request the designation of a significant or potentially significant historical resource or the designation of a historic district by submitting an application for such designation to the planning commission. The community development director, planning commission or city council may also initiate such proceedings on their own motion.

Designation. The city of Morgan Hill or any property owner may request the designation of a significant or potentially significant historical resource or the designation of a historic district by submitting an application for such designation to the planning commission. The community development director, planning commission or city council may also initiate such proceedings on their own motion.

B.

Study. The community development director will conduct a study of the proposed designation and make a preliminary determination based on such documentation as may be required, as to the appropriateness for designation. If the community development director determines the application merits consideration, the

community development director shall forward such analysis and recommendation to the planning commission at a public hearing to consider designation of the historical resource or historic district.

C.

Hold on Permits. No building alteration, demolition or relocation permits for any improvement, building or structure proposed for designation or located within a historic district that is proposed for designation shall be issued while the public hearing or any appeal related thereto is pending.

D.

Public Notice and Hearing. The planning commission shall consider an application for the designation of a proposed historical resource or historic district at a public hearing noticed in accordance with Section 18.104.090 (Notice of Hearing).

E.

Planning Commission Decision. At the conclusion of the public hearing for the designation of a proposed historical resource or historic district, the planning commission shall approve in whole or in part, or disapprove in whole or in part, the application, in writing.

F.

Appeal. The planning commission decision to approve or deny the formal designation of a historical resource or historic district or to impose conditions on a project may be appealed in accordance with Section 18.60.112 (Appeals).

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

18.60.050 - Adopted survey list designation process.

Historical resources may be placed on the adopted survey list by the city council in the following manner:

A.

Initiation. The city of Morgan Hill or any property owner may request the inclusion of a significant or potentially significant historical resource on the adopted survey list by submitting an application to the community development director. The planning commission or city council may also initiate such proceedings on their own motion.

B.

Study. The community development director will conduct a study of the proposed inclusion and make a preliminary determination based on such documentation as may be required, as to the appropriateness for inclusion, and shall forward such analysis and recommendation to the planning commission and city council at a public hearing.

C.

Hold on Permits. No alteration, demolition or relocation permits shall be issued for the subject resource while the public hearing or any appeal related thereto is pending.

D.

Planning Commission Hearing. The planning commission shall consider an application for the inclusion of the resource on the adopted survey list at a public hearing noticed in accordance with Section 18.104.090 (Notice of Hearing). The planning commission shall recommend to the city council to either include or to not include resource on the adopted survey list.

E.

City Council Hearing. The city council shall act on application for the inclusion of the resource on the adopted survey list at a public hearing noticed in accordance with Section 18.104.090 (Notice of Hearing).

F.

Effect of Listing. Any proposed alteration, demolition or relocation of a historical resource listed on the adopted survey list shall be subject to the same review process and criteria outlined in this chapter for designated historical resources.

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

18.60.060 - Determining if historical alterations, demolition or relocation permits are required.

Development projects and building permit applications involving structures or buildings at least forty-five years in age, or located within a historic district, shall undertake the following steps in the development review process to determine if a historical alteration permit and/or historical resource demolition or relocation permit is required. Building permit applications involving only interior improvements are not subject to the provisions of this chapter, unless the building interior is specifically listed on the local register as a designated historical resource.

A.

Prior Review. City staff shall consult the comprehensive record of reconnaissance surveys and evaluations on file at the development services department to determine whether the subject resource has been previously reviewed, and if so, the status of the resource (i.e., potentially significant, significant, not significant, or requires evaluation).

B.

Evaluation. If the subject resource has not been previously reviewed, or if the community development director determines the existing survey and/or evaluation is no longer valid due to the age of the survey or analysis (more than five years old), or as a result of substantial change to the physical condition of the resource or its setting, the applicant may be required to provide an evaluation. Evaluations shall be prepared by a qualified consultant and shall use the California Register Criteria for Evaluation and the adopted Morgan Hill Historic Context Statement to determine significance.

C.

Resources Found Not Significant. Resources that are surveyed, evaluated and determined not to be significant shall require no further historic review.

D.

Significant or Potentially Significant Resources.

1.

Resources that are surveyed, evaluated and determined to be a potentially significant or significant historical resource shall be subject to CEQA and the discretionary permit requirements established by this chapter for any proposed alteration, demolition or relocation of the resource.

2.

The community development director may determine that no evaluation and/or no discretionary permit is required if either of the following apply:

a.

The resource is located in a geographic area that has been determined by a valid reconnaissance survey, or other evaluation conducted by the city or applicant, not to be or contain potentially significant historical resources; or

b.

The nature of work is minor and incidental; will not adversely affect the external appearance of the character-defining features of existing significant improvements, buildings and structures on the site; the proposed project or building permit application is consistent with the Secretary of the Interior's Standards.

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

A.

When Required. Unless waived pursuant to paragraph 18.60.060.D.2, it is unlawful for any person to alter or modify character-defining features of a potentially significant or significant historical resource, a resource that has been formally designated or listed on the city's adopted survey list, or which lies within an historic district, without first obtaining a Historical Alteration Permit as outlined below. Neither the community development director nor the building official shall grant any permit to carry out such work without the approval of a historical alteration permit.

B.

Application. If a historical alteration permit is required pursuant to Section 18.60.040, the following procedures will be followed in processing the permit application:

Historical alteration permit applications shall be submitted to the development services department for review and approval. Applications shall be accompanied by materials as required by the community development director and reasonably necessary for the proper review of the project, including but not limited to information regarding the age and construction of a building or structure and building permit records;

2.

The community development director or designated staff shall determine whether the application will be processed as "minor" or "major" historical alteration permit;

a.

"Minor" historical alteration permits shall apply to alterations with a valuation of less than ten thousand dollars or as determined to be minor by the community development director.

b.

"Major" historical alteration permits shall apply to alterations with a valuation of ten thousand dollars or greater.

3.

City staff will review applications for compliance with the Secretary of the Interior's Standards and may require that the applicant deposit funds for the city to retain the services of a qualified historic consultant if necessary;

4.

Environmental review of a historical alteration permit application will be required as follows:

a.

If the proposed alteration or modification is in compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties, the potential impact on historical resources shall be considered less than significant and the project would be exempt from CEQA unless other factors are identified which could cause other potentially significant environmental impacts.

b.

If the proposed alteration or modification is not in compliance with the Secretary of the Interior's Standards then CEQA review will be required.

5.

Historical alteration permit applications (both minor and major) will require the review and approval of the community development director or designated staff, except as provided below:

a.

Any application involving preparation of an initial study, negative declaration or environmental impact report shall be referred to the planning commission for approval at a duly noticed public hearing.

b.

The community development director may also require a historical alteration permit application to be reviewed and approved by the planning commission at his/her discretion.

6.

As part of the review process, the community development director or planning commission may impose conditions on a project to bring the proposed work into compliance with the Secretary of the Interior's Standards.

7.

The community development director or planning commission decision to approve or deny a historical alteration permit or to impose conditions on a project may be appealed in accordance with Chapter 18.112 (Appeals).

C.

Reconstruction of potential historical and historical resources shall also comply with the Secretary of the Interior's Standards and require a historical alteration permit as described under subsection B, above. If all of the conditions of reconstruction as defined in this chapter and by the standards for reconstruction cannot be met, then reconstruction should not be undertaken and CEQA analysis is required. Reconstruction, though not encouraged, may be a viable option, though rare.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2327 N.S., § 13, 12-15-2021)

A.

When Required. It is unlawful for any person to tear down, demolish, remove or relocate a potentially significant or significant historical resource, a resource that has been formally designated or listed on the city's adopted survey list, or which lies within an historic district, without first obtaining a historical resource demolition or relocation permit as outlined below. Neither the community development director nor the building official shall grant any permit to carry out such work without the prior approval of a historical resources demolition or relocation permit by the planning commission.

B.

Application. If a historical resource demolition or relocation permit is required pursuant to Section 18.60.050, the following procedures will be followed in processing the permit application:

1.

Applications for a historical resource demolition or relocation permit shall be submitted to the development services department for review and consideration by the planning commission. Applications shall be

accompanied by materials as required by the community development director and reasonably necessary for the proper review of the project, including but not limited to information regarding the age and construction of a building or structure and building permit records.

2.

City staff will review applications for compliance with the Secretary of the Interior's Standards and may require that the applicant deposit funds for the city to retain the services of a qualified historic consultant if necessary.

3.

Environmental review of a historical resource demolition or relocation permit application will be required as follows:

a.

If the proposed demolition or relocation is in compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties, the potential impact on historical resources shall be considered less than significant and the project would be exempt from CEQA unless other factors are identified associated with the proposed project which could cause potentially significant environmental impacts.

b.

If the proposed demolition or relocation is not in compliance with the Secretary of the Interior's Standards then CEQA review will be required.

4.

Notice of public hearing for the planning commission consideration of a Historical Resource Demolition or Relocation Permit application shall be provided in accordance with Section 18.104.090 (Notice of Hearing).

5.

The planning commission shall complete its review and shall render its decision after the conclusion of a public hearing on the application. In review of permits sought to wholly or partially relocate or demolish a potentially significant or significant historical resource, or resources within an historical resource site or historic district, the planning commission may approve or disapprove the issuance of the permit or permits. The planning commission may also approve the issuance of the permit with conditions to bring the proposed work into compliance with the Secretary of the Interior's Standards.

6.

The planning commission decision to approve or deny a historical resource demolition or relocation permit may be appealed to the city council in accordance with Chapter 18.112 (Appeals).

7.

To move a designated historical structure listed on the National Register of Historic Places, the applicant must first obtain written approval from the Keeper of the National Register prior to the move to ensure that

the resource will retain its National Register status; and

8.

To move a designated historical structure that is not National Register listed but is a locally designated historical resource, the community development director shall obtain sufficient information to ensure the new location substantially recreates the original location in terms of siting, setback, ordinal orientation and all other features that marked the original location, in order to retain its local register status.

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

The following requirements apply to projects proposed within an area identified as archaeologically sensitive on the city's adopted archaeological sensitivity map.

A.

Status Determination.

1.

The city shall consult with the Northwest Information Center to determine if the project is located within or adjacent to a known archaeological site.

2.

If the city determines that the project is located within or adjacent to a known archaeological site, the following requirements apply:

a.

The project shall obtain a Historical Alteration Permit.

b.

The project's CEQA review shall consider potentially significant impacts on archaeological resources and identify appropriate mitigation measures to be imposed as conditions of approval in addition to the standard conditions in Subsection B below.

c.

The project shall comply with the standard conditions of approval in Subsection B below.

3.

If the city determines that the project is not located within or adjacent to a known archaeological site, the applicant may either:

a.

Prepare an archaeological survey for the site to identify necessary mitigation measures; or

b.

Comply with the standard conditions of approval in Subsection B below. If the project complies with these standard conditions of approval, the city shall find that potentially significant impacts on archaeological resources are reduced to a less than significant level and that the preparation of an archaeological resources report is not required.

B.

Standard Conditions of Approval.

1.

Applicability. The conditions of approval in paragraphs 2 and 3 below apply to:

a.

All projects located within or adjacent to a known archaeological site; and

b.

Projects not located within or adjacent to a known archaeological site which elected to comply with these conditions pursuant to A.3 above.

2.

On-Site Archaeologist. An archaeologist shall be present on-site to monitor all ground-disturbing activities. If historical or archaeological artifacts are found during construction, the following protocol shall be followed:

a.

Work within thirty feet of the artifacts shall halt immediately. And the archaeologist shall determine if the artifacts qualify as a unique archaeological resource as defined by this chapter.

b.

If the archaeologist determines that the artifacts are not a unique archaeological resource, the archaeologist shall submit to the community development director a brief memorandum or letter that describes the artifacts, assesses their significance, and describes of the methods used to determine their significance. Construction may continue upon the Director's approval of the archaeologist's determination.

c.

If the archaeologist determines that the artifacts qualify as a unique archaeological resource, the archaeologist shall submit to the community development director an action plan that recommends measures to avoid or minimize impacts to the resource. The action plan shall be prepared in conformance

with California Public Resources Code 21083.2. Construction may continue only after the director's approval of the action plan.

3.

Discovery of Human Remains. If human remains are discovered during construction, the project shall comply with all applicable state and federal laws, including California Health and Safety Code Section 7050.5 and CEQA Guidelines Section 15064.5(e).

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

18.60.100 - Maintenance and repair of historic resources.

A.

Requirement to Keep in Good Repair. The owner, occupant or other person in actual charge of a historical resource, or an improvement, building or structure in an historic district shall keep in good repair all of the exterior portions of such improvement, building or structure as necessary to prevent deterioration and decay of any exterior architectural feature.

B.

Enforcement. It shall be the duty of the community development director and the building official to enforce this section.

C.

Ordinary Maintenance and Repair. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, material or external appearance thereof

D.

Public Safety. This chapter shall not prevent the construction, reconstruction, alteration, restoration, demolition or relocation of any such feature when the building official certifies to the community development director that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California Historical Building Code.

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

A.

General. Decisions of the community development director and planning commission as described in Subsection B and C below may be appealed in accordance with Chapter 18.112 (Appeals).

B.

Community Development Director Decisions. The following decisions by the community development director may be to the planning commission:

1.

The decision to approve or deny alteration to a potentially historical or historical resource or site; and

2.

The decision to impose conditions on a project involving the alteration of a potentially historical or historical resource or site.

C.

Planning Commission Decisions. The following decisions by the planning commission may be appealed to the city council:

1.

The determination made after a public hearing that an object, site or structure be placed on the local register as a designated historical resource or not be placed on the local register as a designated historical resource or historic district;

2.

The decision to grant or deny an approval to tear down, demolish, or relocate any improvement, or any portion thereof, which is a potentially historical or historical resource or site;

3.

The decision to approve or deny alteration to a potentially historical or historical resource or site;

4.

The decision to impose conditions on a project involving the alteration of a potentially historical or historical resource or site; and

5.

Any item acted on by the planning commission on appeal or referral from the community development director.

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

A.

Methods of Enforcement. In addition to the regulations of this chapter, other chapters of the municipal code and other provisions of law which govern the approval or disapproval of applications for permits or licenses

covered by this chapter, the community development director and building official have the authority to implement the enforcement thereof by any of the following means:

1.

Serving notice requiring the removal of any violation of this chapter upon the owner, agent, occupant or tenant of the improvement, building, structure or land;

2.

Calling upon the city attorney to institute any necessary legal proceedings to enforce the provisions of this chapter, and the City Attorney is authorized to institute any actions to that end; and

3.

Calling upon the chief of police and authorized agents to assist in the enforcement of this chapter.

B.

Injunctive Relief. In addition to any of the remedies described in Subsection A above, the city attorney may maintain an action for injunctive relief to restrain or enjoin or to cause correction or removal of any violation of this chapter, or for an injunction in appropriate cases.

C.

Restoration. Any person who demolishes, alters, or constructs a building or structure in violation of this act shall be required to restore the building or structure and its site to its appearance prior to the violation. Any action to enforce this subsection shall be brought by the city attorney. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.

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

A.

Permit Fees. The city council may waive or reduce any processing fees for permits or other procedures for an owner of a designated historical resource undertaking work on the resource. The community development director is authorized to accelerate the processing of any other required applications to comply with city requirements.

B.

Historic Preservation Funding Program. The city of Morgan Hill may establish a funding program and guidelines for use by owners of a designated historical resource, as defined in this chapter. Funding subsidies may be available for an owner undertaking work on an historical resource who is prevented by economic constraints from completing work in compliance with the Secretary of the Interior's Standards. The community development director may develop an application for requested subsidies. Evaluation criteria could include the significance of the historical resource, owner need and necessity for the work to be undertaken. All work undertaken shall meet the Secretary of the Interior's Standards for the Treatment of

Historic Properties. Emergency measures to ensure the stability of a damaged designated historical resource shall be an allowable cost.

C.

Mills Act. The city of Morgan Hill may maintain the provision of the Mills Act, adopted in 1972 by the State of California and amended in 1984 to allow an owner of a designated historical resource to have the property tax amount abated based on the provisions of the act. The owner and the city shall enter into an agreement which defines the actions to be taken by the owner to ensure the restoration, or protection and continued compatible use of the property.

D.

Marks Historical Rehabilitation Act. The city of Morgan Hill may adopt provisions of the Marks Historical Rehabilitation Act. Under the provisions of this Act, the city of Morgan Hill may issue tax-exempt revenue bonds for the purpose of financing the historical rehabilitation of buildings with significance to the city of Morgan Hill, the state of California, or the United States.

E.

Historic Easements. The city of Morgan Hill may participate in the development of a historic easement for a designated historical resource, including cultural/historic landscapes and all other historical resource types. The purpose of the easement is to protect the city's historical resources for the benefit of the community by allowing the owner to obtain a tax credit for the restoration, protection, or continued compatible use of the historical resource. The value of the revised deed restrictions may be held by the city or appropriate historical society or preservation organization with the expertise to oversee the enforcement of the easement for the current owner and any subsequent property owner.

F.

Historical Building Code. Significant and designated historical resources shall be eligible to use the California Historical Building Code, which can allow for alternate methods of meeting building code requirements.

G.

Planned Development Overlay. Owners of designated historical resources may submit an application for a planned development overlay zoning of the property in accordance with Section 18.30.050. The planned development overlay may allow other conditional uses on the site beyond those uses allowed by the underlying base zoning district and/or different development standards including but not limited to setbacks, height and parking standards.

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

Chapter 18.64 - LANDSCAPING

This chapter establishes landscaping standards to enhance the aesthetic appearance of developed areas in Morgan Hill and to promote the efficient use of water resources.

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

The requirements in this chapter apply to projects requiring a design permit as specified in Section 18.108.040 (Design Permits) and that involve either:

A.

The construction of new buildings; or

B.

Additions that increase by twenty-five percent or more the floor area or market value of one or more buildings on the property.

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

In addition to the requirements of this chapter, all applicable development in Morgan Hill shall also comply with Chapter 18.148 (Water Conservation in Landscaping) as required by the California Water Conservation in Landscaping Act (Government Code Section 65591 et seq.). If conflicts occur between Chapter 18.148 and this chapter, the more restrictive shall control.

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

All projects subject to the requirements of this chapter shall submit a landscape plan as part of the design permit application and subsequent building permit applications.

A.

Required Contents. Landscape plans shall include the following features and information:

1.

Site boundaries.

2.

Existing conditions on the property, including contours and existing structures.

3.

Structures immediately adjacent to the property.

New structures and improvements proposed as part of the development project.

5.

Existing landscaping, trees, and vegetation to be retained specifying plant location, species, and size. Details of existing trees shall also include tree diameter measured forty-eight inches above existing grade and outer limit of tree canopy.

6.

New landscaping proposed as part of the development project specifying plant location, species, and size.

7.

Irrigation plan specifying the location, type, and size of all components of the irrigation system.

8.

Proposed grading.

9.

Additional information as determined by the development services department to demonstrate compliance with the requirements of this chapter.

B.

Review and Approval. The development services department shall review all landscape plans to verify compliance with this chapter. Landscape plans shall be approved by the review authority responsible for approving the design permit required for the proposed project.

C.

Changes to Approved Landscape Plans.

1.

Substantial modifications to an approved landscape plan shall be allowed only by the review authority which approved the landscape plan.

2.

The community development director may approve minor modifications to a landscape plan previously approved by the planning commission. Minor modifications are defined as changes to a landscape plan that do not alter the general design character of the landscaped area or alter a feature of the landscaped area specifically required by the planning commission.

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

A.

Residential Zoning Districts.

1.

All required front and street side setback areas, excluding areas required for access to the property, shall be landscaped and maintained. See Figure 18.64-1.

2.

Landscaping may consist of any combination of living plants, such as trees, shrubs and grass or related natural features, such as rock, stone, or mulch. Decorative hardscape featuring pervious materials is permitted within required landscaping areas.

Figure 18.64-1: Required Landscaped Area in Residential Zoning Districts

==> picture [313 x 174] intentionally omitted <==

B.

Non-Residential Zoning Districts.

1.

The minimum landscaped area on a site for non-residential zoning districts is shown in Table 18.64-1.

2.

In the MU-D and MU-N, and MU-F zones, outdoor dining areas, courtyards, and other similar quasi-public areas may count toward landscaping requirements. In all other zoning districts these areas may not count toward landscaping requirements.

Table 18.64-1: Minimum Landscaped Area in Non-Residential Zones

3.

Except in the industrial zoning district, all required front and street side setback areas shall be landscaped, excluding areas required for access to the property and public or quasi-public open space such as courtyards and outdoor seating.

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

A.

General Standards.

1.

Plant Selection. All plants and trees shall be categorized as low or very low water use in the Central Coast as defined by the water use classification of landscape species (WUCOLS) database.

2.

Turf Lawns. Turf areas shall be limited to flat areas designed exclusively for active recreation and shall be consistent with Chapter 18.148 (Water Conservation) of this code.

3.

Plant Groupings. Where irrigation is proposed, plants shall be grouped in separate hydrozones (i.e., plants within each irrigation valve area shall have the same watering requirements).

4.

Water Features. Decorative water features (e.g., fountains, ponds, waterfalls) must be approved by the planning commission and shall have recirculating water systems.

5.

Watering Times. Watering shall start after seven p.m. and end before nine a.m.

6.

Public Safety. Plant species shall be selected and located so that at maturity they do not interfere with pedestrian, bicycle, or vehicular circulation and do not conflict with overhead lights or utility lines.

B.

Irrigation and Water Efficiency. Irrigation systems shall be designed to avoid runoff, low head drainage, overspray, and other similar conditions where water flows outside of landscaped areas. Irrigation systems shall feature the following equipment:

1.

Irrigation systems shall meet a minimum irrigation efficiency of seventy-five percent.

2.

Separate landscape water meters for landscape areas exceeding five thousand square feet.

3.

Irrigation controllers capable of percent adjustment, multiple programming, and rain sensor.

4.

Drip or bubbler irrigation is required in all areas except turf areas installed per subsection A.2 above. Microspray sprinklers are prohibited. Overhead spray irrigation installed to irrigate turf areas shall have a precipitation rate of no more than three-quarters of one inch per hour.

5.

Separated valves and circuits based on water use and sun exposure. Separate valves for turf and non-turf and berm areas are required.

6.

Sprinkler heads and emitters selected for proper area coverage, application rate, operation pressure, adjustment capability, and ease of maintenance.

7.

Rain-sensing override devices are required for all irrigation systems.

8.

Drip or bubbler irrigation is required for all trees.

9.

State-approved back flow prevention devices shall be installed on all irrigation systems.

C.

Timing of Installation. Landscaping systems shall be installed prior to final building permit inspection or certification of occupancy.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2327 N.S., § 14, 12-15-2021; Ord. No. 2341 N.S., § 5, 2-15-2023)

The following maintenance requirements and enforcement procedures apply to landscaping installed as part of a design permit approved by the city.

A.

Maintenance Required.

1.

Approved Plans. Landscaping shall be maintained consistent with the plans approved as part of the design permit. Any significant alteration to the landscaping requires development services director's approval.

2.

Dead and Dying Plants. All landscaping shall be maintained free of physical damage or injury from lack of water, excess chemical fertilizer or other toxic chemical, blight or disease. Dead or dying plants shall be removed and replaced with landscaping of similar size and maturity.

3.

Weed Removal. Landscaping shall be kept free from weeds and undesirable grasses.

4.

Tree Pruning. Trees shall be allowed to grow their natural size and shape. Periodic pruning shall be as appropriate for the health of the tree species and may not exceed twenty-five percent of the tree height or volume at any given time unless the development services director approves a tree removal permit in accordance with Municipal Code Chapter 12.32.

5.

Tree Topping/Heading Cuts. Topping/heading cuts that reduce a tree's size and height by shortening of limbs or branches back to a predetermined crown limit is prohibited unless the development services director approves a tree removal permit in accordance with Municipal Code Chapter 12.32 (Protected and Significant Trees).

B.

Landscape Maintenance Agreements and Bonds.

1.

General.

a.

Prior to the issuance of a certificate of occupancy, the community development director may require a landscape maintenance agreement and/or a landscape maintenance bond to guarantee the proper maintenance of landscaping installed for a development project.

b.

Landscape maintenance agreements and bonds shall not be required for landscaping maintained by a homeowners association.

2.

Landscape Maintenance Agreement. When required, landscape maintenance agreements shall guarantee maintenance of landscaping for a minimum of two years following installation.

3.

Landscape Maintenance Bond.

a.

The community development director may require an applicant to submit a landscape maintenance bond in addition to or instead of a landscape maintenance agreement.

b.

Landscape maintenance bonds shall be in an amount equal to one hundred percent of the value of landscaping and irrigation systems for the project, shall be held by the city for two years, and shall be administered in accordance with Section 18.104.180 (Performance Guarantees).

C.

Compliance and Enforcement.

1.

Notification of Violation. Whenever the community development director determines that landscaping is maintained in violation of approved design permit plans, the director may require, upon thirty days' written notice, that the property owner correct the violation. The director's determination of violation may be appealed to the planning commission in accordance with Chapter 18.112 (Appeals).

2.

City Correction of Violation. If the property owner does not correct violation the director may cause work to be done to bring the landscaping into compliance. The method of reimbursement for such work shall be stated in the landscape maintenance agreement signed by the permit hold and may include forfeiture of a landscape maintenance bond up to one hundred percent of the cost of landscape improvements.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2362, § 9, 2-19-2025) Chapter 18.68 - NONCONFORMING USES AND STRUCTURES

This chapter establishes regulations for nonconforming parcels, uses, and structures. These regulations are intended to:

A.

Allow for the development and use of legal nonconforming parcels;

B.

Ensure that nonconforming uses and structures do not adversely impact neighboring properties;

C.

Allow for the limited enlargement or intensification of nonconforming uses and structures;

D.

Allow for limited repairs and maintenance to nonconforming structures; and

E.

Provide for the elimination of nonconforming uses as appropriate due to abandonment, obsolescence, and destruction.

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

This chapter applies to existing parcels, uses, and structures that do not conform to the regulations of the zoning district in which they are located. Nonconforming signs are subject to the requirements in Chapter 18.88 (Signs).

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

A.

Continuation. A nonconforming parcel, use, or structure may be continued if it was legally established in compliance with all applicable regulations in effect at the time it was established.

B.

Legally Established Defined. To be considered legally established, a legal nonconforming parcel, use, or structure shall have been physically constructed or in existence, not merely contemplated. Conditional use permits, variances, building permits, or other permits not exercised within the required time do not establish legal nonconforming status.

C.

Burden of Proof. Any person asserting a right to a nonconforming use or structure has the burden of proof to demonstrate that the nonconformity was legally established.

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

A.

Development Permitted. Legally established parcels with nonconforming dimensions (e.g., parcel width and depth) shall be permitted all development rights of the zoning district in which it is located.

B.

Conformance with Standards. Development on legal nonconforming parcels shall comply with all setback, building coverage, parking, and other standards of the applicable zoning district, except as allowed by Subsection C below.

C.

Multifamily Density. On legally established existing lots which do not comply with minimum area standards, the maximum density of a multifamily use shall be five percent less than normally required in the applicable zoning district. For example, in a zoning district with a maximum density of twenty units per acre, the maximum density for a multifamily use on a lot that does not comply with the minimum area standard shall be nineteen units per acre.

D.

Boundary Adjustments. The boundaries of a nonconforming parcel may not be adjusted in any way that decreases the parcel area or reduces the parcel width or depth.

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

18.68.050 - Nonconforming use of land.

A.

Continuation Permitted. A nonconforming use of land may continue so long as:

1.

The nonconforming use is not enlarged, increased, or extended to occupy a greater area of land; and

2.

The nonconforming use is not moved in whole or in part to any other portion of the lot or parcel.

B.

Cessation of Use. If any such nonconforming use of land ceases for a period of more than ninety days, any subsequent use of such land shall conform to the regulations of the zoning district in which the land is

located.

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

18.68.060 - Nonconforming use of structures.

A.

Change in Ownership, Tenancy, or Management. A change in ownership, tenancy, or management of a nonconforming use shall not affect its legal nonconforming status.

B.

Resuming a Nonconforming Use. A nonconforming use changed to a conforming use shall not return to a nonconforming use.

C.

Replacement of a Nonconforming Use. A nonconforming use may not be replaced by another nonconforming use.

D.

Intensification of Use.

1.

The enlargement of a structure or site occupied by a nonconforming use, or the intensification in any way of the operation of a nonconforming use, shall require the approval of an administrative use permit.

2.

To approve a proposed intensification to a nonconforming use, the community development director shall make all administrative use permit findings (Section 18.108.020) in addition to the findings in Section 18.68.080 (Findings).

E.

Discontinuation of Use. A nonconforming use discontinued for six consecutive months or for twelve months during any two-year period shall not be reestablished and may be replaced only by a conforming use.

F.

Uses Without Required Permits. A legally established use which is allowed in a zoning district but which lacks a required permit (e.g., administrative use permit, conditional use permit) shall be considered a nonconforming use until the use receives the permit as required by the zoning code.

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

This section identifies allowed modifications to nonconforming structures, summarized in Table 18.68-1.

Table 18.68-1: Allowed Modifications to Nonconforming Structures

Notes:

[1] The proposed project may require permits and approvals for other reasons not related to its nonconforming status. For example, additions or enlargements to a single-family dwelling often requires a design permit.

A.

Alterations Permitted By-Right.

1.

Maintenance, nonstructural repairs, and nonstructural interior alterations to any portion of a nonconforming structure are permitted if the changes and improvements do not enlarge or extend the structure.

2.

Structural modifications to a nonconforming structure that do not alter or affect the nonconforming aspect of the structure are permitted. For example, an addition to a structure with a non-conforming setback is permitted if no structural changes are made to the portion of the structure projecting into the required setback, and if the addition complies with all setback, height, floor area ratio, and other applicable development standards.

B.

Alterations Requiring a Design Permit.

1.

Structural repairs and improvements that affect the nonconforming aspect of a nonconforming structure are allowed with a design permit if the improvement does not increase or exacerbate the nonconformity. For example, structural repairs to a building wall within a required setback are permitted with a design permit if

the wall is not moved closer to the property line and the length of the wall within the required setback is not increased.

2.

To approve such an alteration, the community development director shall make all design permit findings (Section 18.108.040) in addition to the findings in Section 18.68.080 (Findings).

C.

Alterations Requiring a Conditional Use Permit

1.

Alterations to a non-conforming structure that increase or exacerbate the nonconformity requires a conditional use permit. For example, a remodel that increases the length of an existing building wall located within a required setback is allowed only with the approval of a conditional use permit.

2.

To approve such an alteration, the planning commission shall make all variance findings (Section 18.108.100) in addition to the findings in Section 18.68.080 (Findings).

D.

Damage or Destruction. Except as allowed by Subsection E below, a nonconforming structure damaged or destroyed for any reason shall be brought into full compliance with the requirements of the zoning code if the cost of reconstruction exceeds fifty percent of its market value as determined by the county assessor on the last equalized assessment roll at the time of its destruction.

E.

Involuntary Damage or Destruction — Residential Structures.

1.

If a legally established nonconforming building occupied by a residential use is damaged or destroyed by earthquake, fire, flood, or other calamity, the structure may be reconstructed as it existed and may be continued as a legal nonconforming structure with the approval of a design permit.

2.

"Reconstructed" means rebuilding a damaged or destroyed structure in a manner similar but not identical to the original structure. A reconstructed structure generally recreates the original building footprint, mass, and height, but may deviate from design details such as architectural design and the arrangement of doors, windows, and rooflines.

3.

The city may attach conditions of approval as necessary to protect the public health, safety and welfare, including requirements to reduce or eliminate previously existing nonconformities.

4.

Reconstruction of damaged or destroyed buildings may not increase or exacerbate previously existing nonconformities or create new nonconformities.

5.

The construction of the replacement structure must begin within twenty-four months of the date of the calamity which damaged or destroyed the structure.

F.

Moved Structures. A nonconforming structure that is moved to a new location shall conform to all standards of the applicable zoning district.

G.

Nonconforming Screening, Fences, and Landscaping.

1.

Legally established nonconforming screening, fences, and landscaping may continue and remain except as required by Paragraph 2 below.

2.

For additions or renovations that increase by twenty-five percent or more the floor area or market value of one or more buildings on a property, any nonconforming screening, fences, and landscaping shall be brought into compliance with the requirements of the applicable zoning district.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2319 N.S., § 10, 1-20-2021)

18.68.080 - Findings.

The community development director may approve an administrative use permit for a nonconforming use or structure if all of the following findings can be made in addition to the findings in Section 18.108.020 (Administrative Use Permits):

A.

Available evidence indicates that the nonconforming use was legally established.

B.

The nonconforming use has not resulted in a notable negative impact or nuisance to the surrounding area.

C.

The nonconforming use is compatible with the general character of the surrounding area.

D.

The proposed action is consistent with the purpose and intent of the applicable zoning district.

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

Chapter 18.70 - GEOLOGIC HAZARDS

The purposes of this chapter is to:

A.

To prevent increases in the potential for loss of life, injury and property damage caused by geologic hazards in Morgan Hill;

B.

To specify geologic maps which will serve as a consistent basis for evaluating development applications;

C.

To control land development in the city in a manner that avoids or mitigates the potential effects of known geologic hazards;

D.

To help guide the city in making decisions regarding maintenance and repair of existing city facilities and in making decisions regarding the siting of future facilities;

E.

To protect the city from liability of failure to consider available geologic information in making development decisions; and

F.

To comply with the requirements of the California Seismic Hazards Mapping Act (Public Resources Code Section 2690 et seq.) in a manner that considers the State's Special Publication 117A: "Guidelines for Evaluating and Mitigating Seismic Hazards in California," and with consideration of the "Recommended Procedures for Implementation of DMG Special Publication 117 Guidelines for Analyzing and Mitigating Landslide Hazards in California" (published by the Southern California Earthquake Center) as applicable.

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

A.

Terms Defined. Terms used in this chapter are defined as follows:

1.

"Acceptable level of risk" is that level of risk that provides reasonable protection of the public safety, though it does not necessarily ensure continued structural integrity and functionality of the project.

2.

"City geologic hazards map" is the geologic map (1991) and ground movement potential map (1991) prepared at a scale of one inch equals two hundred feet by Pacific Geotechnical Engineering, subject to modification provided for in Section 18.7045.030.

3.

"City geologic hazard zones" are areas identified on the city geologic hazard map in the following ground movement potential categories: "Suf" (only if a sensitive use), "Sun (only if a sensitive use)", "Sls (only if a sensitive use)", "Slq", "Sgw", "Puf", "Ps", "Pdf", "Prf", "Pd", "Paf", "Ms" or "Md".

4.

"Director" is the community development director.

5.

"Discretionary approval" is any approval granted pursuant to Title 17 or Title 18 of the Morgan Hill Municipal Code.

6.

"Geologic report" is either or both of the following, as required and deemed appropriate for the site and proposed project by the director:

a.

An "engineering geologic report", which means that document prepared and signed by an engineering geologist; and/or

b.

A "geotechnical engineering report", which means that document prepared and signed by a registered geotechnical engineer.

7.

"Off-site" is any seismic or geologic hazards not located within the project site which is identified in a geologic investigation or geotechnical report that could adversely affect the project site or be affected by the project.

"Project," as used in this chapter, 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 seismic hazard zone, which do not exceed either fifty percent of the value of the structure or fifty percent of the existing floor area of the structure.

9.

"Qualified geologist" is either or both of the following, as specified and deemed appropriate for the site and proposed project by the director:

a.

A certified engineering geologist pursuant to the California Geologist and Geophysicist Act (Business and Professions Code section 7800, et seq.);

b.

A registered professional engineer certified as a geotechnical engineer pursuant to the California Professional Engineers Act (Business and Professions Code sections 6700—6799).

10.

"Seismic hazard zone" means those areas that are within either one or both of the state seismic hazard zone and/or the city geologic hazard zone.

11.

"Sensitive use" means:

a.

Large dams;

b.

Manufacturing, storage or handling of hazardous materials;

c.

Facilities critically needed for services after a disaster: hospitals, ambulance services, fire stations, police stations, telephone exchanges, radio and TV stations, emergency operation centers;

d.

Facilities whose continuing function is critical: power plants, power intertie, sewage treatment plants, water plants;

e.

Small dams whose failure would expose downstream population to injury;

f.

Critical transportation links: regional highways, bridges, rail lines, overpasses, tunnels;

g.

Major local utility lines and facilities, including power substations, gas and water mains;

h.

Facilities highly desirable for shelter after a disaster: civic buildings;

i.

Any building three or more stories in height;

j.

Public and private schools and child care;

k.

Public assembly places with capacity of fifty persons or more;

l.

Gas stations;

m.

Health care clinics, convalescent homes;

n.

Hotels and motels;

o.

Churches;

p.

Public assembly places with capacity for fifty to two hundred ninety-nine persons; and

q.

Industrial uses or facilities.

12.

"State seismic hazard zones" are areas identified as prone to earthquake-induced landsliding or liquefaction on maps compiled by the California State Geologist, pursuant to the Seismic Hazard Mapping Act (Public Resources Code Section 2690 et seq.) and the policies and criteria of the State Mining and Geology Board and any succeeding statute or regulation.

B.

Terms Not Defined. Words and phrases not defined in this section shall be interpreted so as to give this chapter its most reasonable meaning and application.

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

18.70.030 - City geologic map modification.

Further study may indicate the need to modify the city geologic maps (geologic map and ground movement potential map) by adjusting the boundaries between map units or changing the designation of map units. Modifications can be made as follows:

A.

Applicant Initiation. An applicant, property owner, or authorized representative of a property owner may initiate proceedings to modify the geologic maps.

1.

A person applying for a modification of the geologic maps shall document the reasons for modification with a map at a scale of one inch equals two hundred feet or larger and a report prepared by a certified engineering geologist.

2.

The engineering geologist employed or retained by the city shall review all such applications and prepare a written report to the community development director containing his or her findings and recommendations. The modification may be approved by the community development director if the director finds:

a.

That new information has been provided which demonstrates that the existing boundary or unit designation is inaccurate; and

b.

That the proposed change will correct and update the maps.

3.

Decisions by the director may be appealed by the applicant in the manner specified in Chapter 18.112 (Appeals).

B.

Modification to the maps may be initiated by the city council, in which case the city council shall request a recommendation by the community development director, the engineering geologist employed or retained by the city, and the planning commission.

1.

The city council shall hold a noticed public hearing on the proposed modification.

2.

Following the public hearing, the city council may modify the maps, only if the council finds:

a.

That new information has been provided which demonstrates that the existing boundary or unit designation is inaccurate; and

b.

That the proposed change will correct and update the maps.

3.

If land has been stabilized through engineering solutions, the engineering geologist employed or retained by the city may recommend to the director that such stabilization be annotated on the geologic maps to reflect the increase in relative stability and that development be allowed to occur consistent with the engineering solution. Upon concurrence by the community development director, the maps may be annotated as directed.

4.

Changes to the maps shall be posted within thirty days of approval of a map modification. Each change will be identified on the map by date, file number or other means of identification determined appropriate by the community development director.

5.

Maintenance of Maps and Records. The development services department shall be responsible for maintaining the geologic map and ground movement potential map and records of actions modifying the maps. Up-to-date maps and copies of geotechnical and engineering geology reports will be kept in the development services department.

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

No discretionary approval for development, grading permit or building permit shall be issued for any project located in the G overlay zone unless the director has first approved an application for geologic clearance pursuant to this chapter.

A.

Geologic Clearance Application.

1.

The applicant may simultaneously file an application for geologic clearance and for any discretionary approval for development, grading permit or building permit.

2.

An application for geologic clearance pursuant to this section shall be submitted to the director on the form provided by the city.

3.

All application fees shall be paid at the time an application is filed, in the amount set forth in the schedule of fees adopted by resolution of the city council. The director may require the applicant to enter into an agreement with the city for geologic review services by a qualified geologist employed or retained by the city, in an amount as determined needed to pay for the full costs of the review associated with the application for geologic clearance.

B.

Conditions of Geologic Clearance. The director, or any appellate body, may impose conditions on the geologic clearance. Such conditions may include, but are not limited to:

1.

Mitigation measures recommended in the geotechnical report;

2.

Slope stabilization;

3.

Surface and subsurface drainage control;

4.

Off-site improvements to mitigate a geologic hazard which potentially affects either the site proposed for development or applicable off-site areas;

5.

Use restrictions to avoid or mitigate hazardous geologic conditions;

6.

Implementation of an approved erosion control plan; and

7.

Adequate guarantees that all private improvements located within a seismic hazard zone will be properly maintained.

C.

Acknowledgment of Hazards. Upon the approval of an application for geologic clearance and where the geologic report proposes mitigation of hazards to an acceptable level of risk, the city may require, as a condition of issuance of the building permit or of a development agreement that all property owners of property within the proposed project sign a statement acknowledging the specific geologic hazards reported in the geologic report and accept the associated risks and responsibilities. The city may require recordation of the acknowledgment as a deed restriction recorded on title to the property. The acknowledgment statement shall contain the following:

1.

The names and signatures of property owner, including holders of security interests.

2.

The street address and assessor's parcel number of the subject property.

3.

A map depicting the subject property signed and stamped by a licensed land surveyor or a registered engineer licensed to practice land surveying.

4.

A legal description of the subject property signed and stamped by a licensed land surveyor or a registered engineer licensed to practice land surveying.

5.

The title, date and authors of all geologic reports prepared or relied on for the proposed land use.

6.

The following statement: "The undersigned owners hereby acknowledge the geologic conditions identified in the referenced reports, agree to mitigate the hazards to the extent feasible, accept all risks associated with geologic hazards including any unidentified hazards, and agree to indemnify, defend, and hold harmless the city of Morgan Hill and its officers, agents and employees from any claim, liability, loss, injury

or damage arising out of, or in connection with, any development activity or geologic hazards related to this property. This acknowledgment runs with the land and is binding on the undersigned and all of their successors, heirs and assigns."

D.

Revocation and Suspension. A geologic clearance may be revoked or suspended whenever the director determines that any of the following circumstances has occurred:

1.

The geologic clearance was granted in error, was granted on the basis of incorrect or misinterpreted information, or was granted in violation of any law, ordinance or regulatory provision.

2.

The review upon which the geologic clearance was granted was incomplete and further geologic information or analysis is necessary.

3.

The findings made pursuant to Section 18.7045.100 are incorrect.

4.

There is sufficient uncertainty about any geologic hazard, either on or off-site, which makes it reasonable to require further geologic evaluation.

5.

Scientific or technological advancement, a change in geologic conditions, or previously unknown facts or geologic analysis make it reasonable to require further geologic evaluation.

6.

The development proposal upon which the geologic clearance is based is modified and the geologic evaluation does not address the project as modified.

E.

Notice. Notification of the denial of the geologic clearance, the issuance of such geologic clearance with conditions, or the revocation or suspension of such geologic clearance, shall be mailed to applicant, postage prepaid, at the address given for purposes of such notice on the application.

F.

Appeal. The applicant may appeal the denial, revocation or suspension of the geologic clearance or any condition imposed on the geologic clearance pursuant to the applicable appellate provisions set forth in Chapter 18.64112 (Appeals) of this code.

G.

Issuance of Geologic Clearance. No geologic clearance shall be issued unless the director, based on an independent review of a geologic report, finds that the nature and severity of the seismic and geologic hazards at the project site have been adequately evaluated in a geologic report and appropriate mitigation measures have been proposed. For the purpose of the review, the director shall consult with a qualified geologist employed or retained by the city, who will advise whether the site-specific investigation is sufficiently thorough, the findings regarding identified hazards are valid, and the proposed mitigation measures achieve an acceptable level of risk. The issuance of a geologic clearance shall not be construed as a determination that the project site is free from any geologic hazard. Such clearance shall mean only that based on the information provided, it is the judgment of the director or the city that any geologic hazard or risk will be mitigated to an acceptable level of risk as defined in this chapter.

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

A.

Geologic and Seismic Hazards Investigation Report. The geologic report shall be prepared by a qualified geologist, as specified and deemed appropriate to the site and proposed project by the director. The geologic report shall contain:

1.

Project description.

2.

Site-specific evaluations of the seismic and geologic hazards affecting the project. The evaluation shall identify the portions of the project site containing seismic and geologic hazards and describe the geologic and geotechnical conditions at the project site, including an appropriate site location map showing the locations of such hazards.

3.

Identification of any known off-site seismic or geologic hazards.

4.

Recommendation for appropriate mitigation measures that will reduce geologic or seismic risk to acceptable levels of risk.

5.

Name of report preparer(s), and signature(s) of the qualified geologist; and the author or author's license number(s) and expiration date(s).

6.

A geologic report prepared pursuant to this chapter may be in combination with or as part of the geologic report prepared pursuant to the procedures established under Section 18.30.060 (Active Fault Surface

Rupture Overlay Zone).

B.

Geologic Investigation. Any geologic exploration or investigation for the purpose of completing a geologic report shall comply with the following:

1.

An investigation study plan containing proposed scope of the investigation and mitigation for any dust, erosion, habitat or other impacts resulting from any exaction or boring activities shall be submitted to the director for approval before commencement of the investigation.

2.

The investigative study shall include, at a minimum, a slope stability analysis and subsurface and/or reconnaissance level investigation, to:

a.

Establish the boundaries, depth and characteristics of each landslide within the study area(s) which could affect or be potentially affected by the development; and

b.

Assess the static and seismic stability of landslides identified in the subarea which could affect or be potentially affected by the development including, but not limited to landslides identified in Subsection B.1., above; and

c.

Identify current geologic conditions and potential future groundwater conditions which could affect or be potentially affected by the development; and

d.

Evaluate the potential for future earth movement which could affect or be potentially affected by the development and its possible effect on public and private property; and

e.

Identify and recommend adequate mitigation of any geologic hazard within the study area(s) which could affect or be potentially affected by the development.

3.

The subsurface exploration, as applicable, and slope stability analysis shall include but not limited to all of the following items as specified and deemed appropriate for the site and proposed project by the director:

a.

Deep, continuously sampled or cored borings drilled to a depth sufficient to penetrate all potential critical landslide rupture surfaces; and

b.

Large diameter borings; and

c.

Installation and monitoring of piezometers or groundwater monitoring wells to evaluate groundwater conditions; and

d.

Exploratory trenching to evaluate the surface, geologic structure, fault/shear zones, and toe(s) of identified landslide(s); and

e.

Geophysical logging of boreholes; and

f.

Laboratory shear strength testing.

4.

A long-term study shall be conducted, unless the investigative study demonstrates, to the satisfaction of the director, that:

a.

No deep-seated active or potentially unstable landslide exists which could affect or potentially be affected by the proposed development such that more than an acceptable level would be created; or

b.

The proposed development site and any new, expanded or upgraded infrastructure serving the development will not be endangered by deep-seated active or potentially unstable landsliding such more than an acceptable level of risk would be created and will not increase the danger that any other property or public improvements will be impacted by potentially unstable landsliding, such that more than an acceptable level of risk would be created; or

c.

Implementation of recommendations presented in the report of the investigative study will mitigate to an acceptable level of risk any identified risks associated with a deep-seated active or potentially unstable landslide which could affect or be potentially affected by the development or any new, expanded or upgraded infrastructure.

C.

Long-term Study. If required by the director pursuant to Section 18.4705.110, the applicant shall submit a long-term study plan for approval by the director and shall conduct such study in preparation of the geologic report.

1.

The purpose of the long-term study is to better characterize deep-seated active or potentially unstable landslides, which could affect or potentially be affected by the proposed development, determine the depths, direction and area of movement, define the limits of sliding, determine the rate of movement over time, help determine the mechanism of movement, and verify that implemented mitigation measures have been effective in providing for an acceptable level of risk. The long term study shall include, at a minimum, continuous monitoring and analysis to address slope stability under both static and seismic conditions.

2.

The qualified geologist employed or retained by the city shall review the completed report of the long-term study in order to advise the director and city in determining whether or not the study has identified adequate mitigations of risks to acceptable levels of risk for large, deep-seated, active or potentially unstable landslides within the subregional study area(s) which could affect or potentially be affected by the proposed development.

3.

The director shall provide the applicant with a notice following any determination regarding the requirement of a long-term study or the adequacy of the mitigations identified in the long-term study.

a.

The notice shall be provided as set forth in Section 18.7045.070.

b.

The director's determination shall become final at the close of business on the tenth business day after the notice was mailed.

4.

Before a determination becomes final as provided in Subsection C above, the applicant may appeal the director's final determination under this section pursuant to the applicable appellate provisions set forth in Chapter 18.64 of this code.

D.

Consultant Services. If an applicant has agreed in writing to bear the full cost of the consultant services, the director may select and retain an independent qualified geologist as consultant(s) to the city to provide additional information and analysis to be considered by the director or an appellate body in the application review or appeal process.

The applicant shall, pursuant to a written agreement, deposit with city a sum of money, adequate to fully cover the cost of the consultant(s) services prior to the consultant(s) review of the application or record on appeal and any fees related thereto.

2.

Nothing prepared or recommended by the consultant(s) shall limit the discretion of the director, or any appellate body on appeal, in considering all information available to it in making the findings set forth in this chapter.

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

18.70.060 - Waiver of geologic and seismic hazards investigation report requirement.

A.

For a specific project, the director may waive the requirements for a geologic report under Section 18.7045.090 if he or she finds and determines that the geologic or geotechnical conditions at the project site are such that public safety is adequately protected and no mitigation is required. This finding shall be based on the recommendation and advice of a qualified geologist employed or retained by the city, or based on a report prepared by a qualified geologist presenting evaluation of sites in the immediate vicinity having similar geologic and geotechnical characteristics which shall be reviewed in the same manner as a review of a geologic report set forth in Section 18.7045.090. The director shall set forth such determination in writing, citing the reasons for a waiver. For any waiver of the requirement for a geologic report granted for a project located in an area identified as state seismic hazard zones, the Director shall also require a report prepared by a qualified geologist, and provide a written commentary that addresses the report conclusions and justifications for applying the conclusions contained in the report to the project site. The director shall record such waiver with the county recorder and file a separate copy, together with the report and commentary, with the state geologist within thirty days of the waiver.

B.

Notwithstanding subsection A above, if a project consists of single-family wood-frame or steel-frame dwelling(s) not exceeding two stories when that dwelling is not part of a development of four or more dwellings, then the director may waive the requirement for a geologic report under Section 18.7045.090 if, based on the advice and recommendation of a qualified geologist employed or retained by the city, he or she determines that no geologic hazard(s) exists. The director shall set forth such determination in writing, citing the reasons for a waiver.

C.

The director may also waive any or all requirements under Sections 18.7045.110 and 18.7045.120 for any project that is not a sensitive use if he or she determines, with consultation with a qualified geologist employed or retained by the city, that such requirement(s) are not necessary to make the finding or determination under Section 18.7045.090.

D.

The director may condition any waiver granted pursuant to this chapter with the following:

1.

The existing public storm drainage system has sufficient capacity, as determined by the city engineer, to convey present and future storm water runoff.

2.

The construction has been designed in a manner which, at a minimum:

a.

Prevents any additional storm water runoff or drainage on site; and

b.

Provides for the drainage of any storm water runoff or drainage from the structure, driveway or other paved surfaces directly into the public storm drainage system.

3.

A grading plan in accordance with the grading ordinance has been approved by the director, which provides, at a minimum:

a.

Balanced grading, unless the applicant has demonstrated, to the satisfaction of the director, that an imbalance would promote increased soil or slope stability;

b.

Retaining walls which are not a part of the structure and which do not exceed four feet in height;

c.

Soil cuts and fills, other than necessary for the foundation of the structure, which do not exceed five feet in depth, measured from the existing ground surface to the proposed ground surface;

d.

A subdrainage system satisfactory to the director; and

e.

Erosion control measures deemed by the director to be appropriate for all graded areas and the time of year in which the grading is anticipated to occur; and

f.

The minimum amount of grading necessary to establish the reasonable use.

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

A.

Prior to permit issuance, the owner shall submit to the city a plan review letter from a qualified geologist, which confirms that the plans conform with the recommendations presented in the approved geologic report.

B.

Prior to or at the time of final inspection, the owner shall provide the director a construction observation letter and certification, signed by a qualified geologist attesting that:

1.

All completed work and construction complies with the plans and specifications of the project, which have incorporated the mitigation measures in conformance with the geologic evaluation and the geologic clearance.

2.

Any additional geologic hazard not previously identified, which was encountered during construction, was immediately reported by the applicant or their agent to the director.

C.

The owner of any real property shall take reasonable actions as are necessary to prevent any natural or artificial geologic condition on such real property from threatening the safety of persons or other property.

D.

Whenever the director determines that any natural or artificial condition on a property may potentially endanger the safety of persons or other properties the director may issue a notice of hazardous condition and require that reasonable actions be taken to mitigate the geologic hazard to an acceptable level within the time specified in the notice.

E.

Failure to fully comply with any condition of the geologic clearance, violation of any provision of this chapter or maintenance of any property within any seismic hazard zone in such a manner that a natural or artificial geologic condition on such real property which could be reasonably corrected or made less dangerous, is allowed to threaten the public health, safety or welfare, shall be deemed a violation of this chapter.

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

In addition to the regulations set forth in this chapter, the development services department, with the consent of the city council, may adopt such standards or regulations as are necessary to protect the public from geologic and seismic hazards. 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 2690 et seq. of the Public Resources Code of the state, except 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.

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

Nothing in this chapter shall be construed to relieve any person of requirements imposed by other sections of this code or by state law, except that the provisions of this chapter shall take precedence over any less stringent provision of this code with which it is in conflict. Specifically, nothing in this chapter shall be construed to relieve any person of requirements imposed under the California Environmental Quality Act and Chapters 15.08 15.54 or 18.74108.040 (Design Permits) of the Morgan Hill Municipal Code.

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

Chapter 18.72 - PARKING AND LOADING

This chapter establishes on-site parking and loading requirements in order to:

A.

Provide a sufficient number of on-site parking spaces for all land uses.

B.

Provide for functional on-site parking areas that are safe for vehicles and pedestrians.

C.

Ensure that parking areas are well-designed and contribute to a high-quality design environment in Morgan Hill.

D.

Allow for flexibility in on-site parking requirements to support a multi-modal transportation system and sustainable development pattern.

E.

Ensure that on-site parking areas do not adversely impact land uses on neighboring properties.

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

A.

New Buildings and Uses. On-site parking and loading as required by this chapter shall be provided anytime a new building is constructed or a land use is established where no land use previously existed.

B.

Change of Use. Where an existing use is changed to a new use, parking shall be provided for the incremental intensification of the new use. For example, if a new use requiring five on-site parking spaces replaces an existing use requiring four on-site parking spaces, the new use must provide one additional parking space regardless of the number of on-site parking spaces provided by the existing use.

C.

Expansions and Enlargements. Where an existing structure is expanded or enlarged, additional parking is required to serve only the expanded or enlarged area. Additional parking is not required to remedy parking deficiencies existing prior to the expansion or enlargement.

D.

Continued Use of Parking for Existing Parcels, Buildings, and Land Uses. On-site parking and loading as required by this chapter shall be continually available and located to provide parking for the use they were intended to serve.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2341 N.S., § 6, 2-15-2023)

A.

MU-D and RAH Zoning Districts. Land uses in the Downtown Mixed Use (MU-D) and Residential Attached High Density (RAH) zoning districts shall provide on-site parking as specified in Table 18.72-1. Required parking for uses not listed in Table 18.72-1 shall be the same as required for land uses in other zoning districts as shown in Table 18.72-2.

Table 18.72-1: Required On-Site Parking, MU-D and RAH Zoning Districts

B.

Other Zoning Districts. Land uses in zoning districts other the Downtown Mixed Use (MU-D) and Residential Attached High Density (RAH) zoning districts shall provide on-site parking as specified in Table 18.72-2.

Table 18.72-2: Required On-Site Parking, Other Zoning Districts

Notes:

[1] Minimum required on-site parking shall not apply if the development is located within one-half mile of a public transit stop.

C.

Guest Parking.

1.

Number of Guest Spaces. All residential land uses shall provide the minimum number of guest parking spaces as specified in Table 18.72-3.

Table 18.72-3: Required Guest Parking Spaces

2.

Location of Guest Spaces. Guest spaces shall be located no more than 150 feet from the residential dwellings they serve.

3.

Downtown Exemption. Guest parking is not required for proposed residential development within the Downtown Specific Plan overlay zone.

D.

Calculation of Required Spaces.

1.

Floor Area. Where a parking requirement is a ratio of parking spaces to floor area, the floor area is assumed to be gross floor area, unless otherwise stated. The floor area of a use shall be calculated as described in Section 18.12.050 (Floor Area and Floor Area Ratio).

2.

Employees. Where a parking requirement is stated as a ratio of parking spaces to employees, the number of employees is based on the largest shift that occurs in a typical week.

3.

Seats. Where a parking requirement is stated as a ratio of parking spaces to seats, each twenty-four inches of bench-type seating at maximum seating capacity is counted as one seat.

4.

Fractional Spaces. In determining the number of required parking, fractions of spaces over one-half shall be rounded up to the next whole number.

E.

Unlisted Uses.

1.

Commercial uses not listed: One space for each two hundred fifty square feet of gross floor area.

2.

The parking requirement for land uses not listed in Table 18.72-1 and Table 18.72-2 shall be determined by the community development director based on the requirement for the most comparable similar use, the particular characteristics of the proposed use, and any other relevant data regarding parking demand.

F.

Sites with Multiple Uses. Where more than one land use is conducted on a site, the minimum number of required on-site parking spaces shall be the sum of the number of parking spaces required for each individual use.

G.

Parking Not Required within One-Half Mile of a Major Transit Stop.

1.

Minimum parking requirements identified within this Section shall not be required within one-half mile of a major transit stop as defined in Public Resources Code Section 21155.

2.

The city may impose minimum parking requirements within one-half mile of a major transit stop if written findings are made that not imposing or enforcing minimum parking requirements on the development would have a substantially negative impact on any of the following:

a.

The city's ability to meet its share of the regional housing need for low- and very low-income households.

b.

The city's ability to meet any special housing needs for the elderly or persons with disabilities.

c.

Existing residential or commercial parking within one-half mile of the housing development project.

3.

For a housing development project, Subdivision 18.72.030.G.2 shall not apply if the housing development project satisfies any of the following:

a.

The development dedicates a minimum of twenty percent of the total number of housing units to very low-, low-, or moderate-income households, students, the elderly, or persons with disabilities.

b.

The development contains fewer than twenty housing units.

c.

The development is subject to parking reductions based on the provisions of any other applicable law.

4.

Notwithstanding the above, an event center shall provide parking for employees and other workers.

5.

This subsection shall not apply to hotels, motels, bed and breakfasts, or other transient lodging.

This subsection shall not reduce, eliminate, or preclude new multi-family residential or non-residential development to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2352, §§ 7, 8, 4-24-2024; Ord. No. 2362, § 10, 2-192025)

18.72.040 - General requirements.

A.

Availability and Use of Spaces.

1.

Required parking spaces for multifamily and non-residential uses shall be permanently available and maintained to provide parking for the use they are intended to serve.

2.

Owners, lessees, tenants, or persons having control of the operation of a use for which parking spaces are required shall not prevent or restrict authorized persons from using these spaces.

3.

Required parking spaces shall be used exclusively for the temporary parking of vehicles and shall not be used for the sale, lease, display, repair, advertising, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use not authorized by the zoning code.

B.

Location of Parking.

1.

Residential Uses. Required minimum on-site parking to serve all residential uses shall be located on the same parcel or site as the use which it serves except as allowed by Section 18.72.050.D (Off-Site Parking).

2.

Non-Residential Uses. Required minimum on-site parking to serve all non-residential residential uses shall be located on the same parcel or site as the use which it serves except as allowed by Section 18.72.050.D (Off-Site Parking).

3.

Parking on Landscape Violation. No person shall park or store any automobile or other vehicle, including, but not limited to, motorcycles, campers, boats, trailers, or other similar vehicles, in any front yard in any residential district. Parking shall be permitted for automobiles only in and upon an improved paved

driveway in said front yard area if each vehicle is currently licensed and operative. Parking for camper, boat, trailer, and other similar vehicles shall comply with Section 18.72.040.F.

C.

Electric Vehicle Charging. Refer to Chapter 15.62 (Electric Vehicle Charging Infrastructure) for electric vehicle charging requirements.

D.

Garage and Carport Setbacks. Garages and carports in the detached residential zoning districts shall comply with setback requirements in Section 18.16.030 (Garage and Carport Setbacks).

E.

Parking for Persons with Disabilities.

1.

Parking spaces for persons with disabilities shall be provided in compliance with California Code of Regulations Title 24.

2.

Parking spaces required for the disabled shall count toward compliance with the number of parking spaces required by Table 18.72-1 and Table 18.72-2.

F.

Camper, Boat, and Trailer Parking. Camper, boat, and trailer parking spaces shall be located and screened so as not to be visible from the public street.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2341 N.S., § 7, 2-15-2023; Ord. No. 2352, § 9, 4-242024)

18.72.050 - On-site parking alternatives.

A.

Purpose. This section identifies alternatives to required on-site parking to:

1.

Allow for creative parking solutions;

2.

Enhance economic vitality in Morgan Hill;

Promote walking, biking, and use of transit; and

4.

Encourage the efficient use of land resources consistent with the general plan.

B.

Required Approval. Unless otherwise indicated, all reductions in on-site parking described in this section require planning commission approval of a conditional use permit.

C.

In-Lieu Payments. Within the MU-D and MU-N zoning districts, on-site parking requirements may be satisfied by payment of an in-lieu parking fee consistent with the city's Downtown in-lieu fee parking program.

D.

Off-Site Parking.

1.

For multifamily housing and non-residential uses, the planning commission may allow off-site parking if the commission finds that practical difficulties prevent the parking from being located on the same lot it is intended to serve.

2.

Off-site parking shall be located within a reasonable distance of the use it is intended to serve, as determined by the planning commission.

3.

A covenant record, approved by the city attorney, shall be filed with the county recorder. The covenant record shall require the owner of the property where the on-site parking is located to continue to maintain the parking space so long as the building, structure, or improvement is maintained in Morgan Hill. This covenant shall stipulate that the title and right to use the parcels shall not be subject to multiple covenant or contract for use without prior written consent of the city.

E.

Consolidated Parking.

1.

The required on-site parking for multiple uses may be consolidated into one central parking area located within the same block or within three hundred feet of any individual use.

The number of parking spaces required shall be the sum total of the required parking for each individual use unless the city approves a shared parking reduction in accordance with Section 18.72.050.F (Shared Parking).

F.

Shared Parking. When an entity is not using the required on-site parking to meet parking requirements, the city shall allow the entity with underutilized parking to share their underutilized parking spaces with the public, local agencies, or other entities, if those entities submit a shared parking agreement to the city and information identifying the benefits of the proposed shared parking agreement. Within this subsection, underutilized parking shall mean parking where twenty percent or more of a development's parking spaces are not occupied during the period that the parking is proposed to be shared by another user, group, development, or the public.

1.

In cases where an entity is entering into a shared parking agreement and proposes to use the shared parking spaces to meet the required on-site parking, all of the following shall apply:

a.

The City shall approve a shared parking agreement if it:

i.

Includes a parking analysis using peer-reviewed methodologies developed by a professional planning association, such as the methodology established by the Urban Land Institute, National Parking Association, and the International Council of Shopping Centers, sufficient to determine how many parking spaces can be reasonably shared between uses to fulfill parking requirements.

ii.

Secures long-term provision of parking spaces or affords the opportunity for periodic review and approval by the city.

b.

The city shall allow parking spaces identified in a shared parking agreement to count toward meeting any automobile parking requirement for a new or existing development or use, including, but not limited to, shared parking in underutilized spaces and in parking lots and garages that will be constructed as part of the development or developments under any of the following conditions:

i.

The entities that will share the parking are located on the same, or contiguous, parcels.

ii.

The sites of the entities that will share parking are separated by no more than two thousand feet of travel by the shortest walking route.

iii.

The sites of the entities that will share the parking are separated by more than two thousand feet of travel by the shortest walking route, but there is a plan for shuttles or other accommodations to move between the parking and site, including a demonstrated commitment to sustain such transportation accommodations.

c.

The shared parking agreement shall be recorded against the parcels that are part of the agreement.

2.

If entities submit a shared parking agreement without the parking analysis described above, the

development services director shall decide whether to approve or deny the shared parking agreement, and determine the number of parking spaces that can be reasonably shared between uses to fulfill parking requirements.

3.

For shared parking agreements for developments of ten residential units or more, or eighteen thousand square feet or more, before making the determination, the development services director shall:

a.

Notify all property owners within 300 feet of the shared parking spaces of the proposed agreement, including that the property owner has fourteen days to request a public meeting before the city decides whether to approve or deny the shared parking agreement.

b.

If the development services director receives a request to hold a public meeting within fourteen days of notifying property owners, the development services director shall hold a public meeting on the shared parking agreement to approve or deny the shared parking agreement and determine the number of parking spaces that can be reasonably shared between uses to fulfill parking requirements.

4.

The development services director shall not require the curing of any preexisting deficit of the number of parking spaces as a condition for approval of the shared parking agreement.

5.

The development services director shall not withhold approval of a shared parking agreement between entities solely on the basis that it will temporarily reduce or eliminate the availability of parking spaces for the original proposed uses.

For a development project in which a designated historical resource on a federal, state, or local register of historic places is being converted or adapted, the development services director shall allow the project applicant to meet minimum parking requirements through the use of off-site shared parking.

7.

This section shall not reduce, eliminate, or preclude the enforcement of any requirement imposed on a residential or nonresidential development to provide parking spaces that are accessible to persons with disabilities that would have otherwise applied to the development.

8.

This section shall not reduce the percentage of parking spaces that are designated for electric vehicles that would otherwise have applied.

9.

The city, private landowner, or lessor shall examine the feasibility of shared parking agreements to replace new parking construction or limit the number of new parking spaces that will be constructed, in either of the following circumstances:

a.

When state funds are being used on a proposed new development and the funding availability is announced after June 30, 2024.

b.

When public funds are being used to develop a parking structure or surface parking and the public funding has not been awarded as of June 30, 2024.

G.

Valet Parking. The planning commission may allow up to twenty-five percent of the required on-site parking spaces to be valet spaces. Valet parking shall comply with the following standards:

1.

Valet parking lots must be staffed at all times by an attendant who is authorized and able to move vehicles.

2.

A valet parking plan shall be reviewed and approved by the community development director in consultation with the city engineer.

3.

Valet parking may not interfere with or obstruct vehicle or pedestrian circulation on the site or on any public street or sidewalk.

The use served by valet parking shall provide a designated drop-off and pick-up area. The drop-off and pick-up area may be located adjacent to the building, but it may not be located within a fire lane, impede vehicular and/or pedestrian circulation, or cause queuing in the right-of-way or drive aisle.

H.

Low Demand. The number of required on-site parking spaces may be reduced if the planning commission finds that the land use will not utilize the required number of spaces due to the nature of the specific use. This finding shall be supported by the results of a parking demand study approved by the community development director in consultation with the city engineer.

I.

Transportation Demand Management Plan. The planning commission may reduce the number of required on-site parking spaces for employers that adopt and implement a transportation demand management (TDM) plan subject to the following requirements and limitations:

1.

A TDM Plan reduction is available only to employers with twenty-five or more employees.

2.

Required on-site parking spaces may be reduced by no more than fifteen percent.

3.

The TDM plan shall be approved by the community development director in consultation with the city engineer.

4.

The TDM plan shall identify specific measures that will measurably reduce the demand for on-site parking spaces.

5.

The employer shall appoint a program coordinator to oversee transportation demand management activities.

6.

The program coordinator must provide a report annually to the planning commission that details the implementation strategies and effectiveness of the TDM plan.

7.

The planning commission may revoke the TDM plan at any time and require additional parking spaces on site upon finding that that the plan has not been implemented as required or that the plan has not produced the reduction the demand for on-site parking spaces as originally intended.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2352, §§ 10, 11, 4-24-2024)

18.72.060 - Parking design and development standards.

A.

Conformance with City Standards. All parking spaces, lots, driveways and other improvements intended and used for vehicle parking and circulation shall comply with the design standards and standard details for construction as maintained by the city of Morgan Hill engineering division.

B.

Parking Space and Lot Dimensions.

1.

General. The dimensions of parking spaces, maneuvering aisles, and access ways within a parking lot shall conform to the city's official parking space standard specifications maintained by the engineering division and as shown in Figure 18.72-1. All required parking spaces shall be full size parking spaces. Alternatively, with the issuance of a design permit, up to thirty percent of the required parking spaces may be compact spaces.

2.

Garage Spaces. All parking spaces within a structure shall be a minimum of ten feet in width and twenty feet in length.

3.

Access to Spaces. All access to spaces in a parking lot shall be from the lot.

4.

Driveway Width. The minimum required driveway with at the street entrance shall be as shown in Table 18.72-4.

Figure 18.72-1: Parking Lot Dimensions

==> picture [408 x 422] intentionally omitted <==

Notes:

[1] Minimum ten-foot width for spaces with one or two sides adjacent to a landscaped area.

Table 18.72-4: Minimum Driveway Widths

5.

Circulation Drive Aisle Width. Main circulation drive aisles within a shopping center or other commercial development shall be a minimum of thirty feet in width.

6.

Stacking Area. All parking lots shall provide a minimum forty-foot stacking from the travel lane of the adjoining street.

C.

Surfacing.

1.

All parking spaces, maneuvering aisles, and access ways shall be paved with asphalt, concrete, or other all-weather surface.

2.

Permeable paving materials, such as porous concrete/asphalt, open-jointed pavers, and turf grids, are a permitted surface material, subject to approval by the development services department.

D.

Tandem Parking Spaces. Tandem parking spaces are permitted for all residential land uses, provided that they comply with the following standards:

1.

Parking spaces in a tandem configuration shall be reserved for and assigned to a single dwelling unit. All required guest parking shall be provided as single, non-tandem parking spaces.

2.

Tandem parking spaces shall not block the use of the driveway to access other parking spaces located within the parking area.

3.

Tandem parking spaces shall be used to accommodate passenger vehicles only.

E.

Forward Entrance and Exit. For parking areas adjacent to an arterial or collector roadway, sufficient maneuvering area shall be provided so that vehicles may enter and exit an abutting street in a forward direction.

F.

Parking Lifts. Required parking may be provided using elevator-like mechanical parking systems ("lifts") provided the lifts are located within an enclosed structure or otherwise screened from public view.

G.

Lighting.

1.

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.

2.

Outdoor lighting as required above shall be provided during nighttime business hours.

3.

All parking space area lighting shall be energy efficient and designed so that any glare or spillage is directed away from residential properties.

4.

All fixtures shall be hooded and downward facing.

5.

Parking structures shall provide indoor lighting as required by the California Building Code.

H.

Pedestrian Access.

1.

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

2.

The design of the pedestrian walkway shall be clearly visible and distinguished from parking and circulation areas through striping, contrasting paving material, or other similar method as approved by the community development director.

I.

Screening. Parking lots of six spaces or more shall comply with the following screening standards.

1.

Location. Screening shall be provided along the perimeter of parking lots fronting a street or abutting a residential zoning district.

2.

Height.

a.

Screening adjacent to streets shall have a minimum height of three feet.

b.

For parking lots within ten feet of a residential zoning district, screening shall have a minimum height of six feet.

3.

Materials. Required screening may consist of one or more of the following materials:

a.

Low-profile walls constructed of brick, stone, stucco or other durable and graffiti-proof coating material.

b.

Evergreen plants that form an opaque screen.

c.

An open fence combined with landscaping to form an opaque screen.

d.

A berm landscaped with ground cover, shrubs, or trees.

e.

Parking lots within ten feet of a residential zoning district shall be screened by a six-foot masonry wall.

J.

Driveway Spacing.

1.

Driveways shall be setback from street intersections as shown in Table 18.72-5:

Table 18.72-5: Driveway Setbacks from Intersections

Use Served by Driveway Minimum Distance from Intersection

2.

Setbacks shall be measured from corner radius or thirty feet, whichever is greater. The corner radius shall be the arc length measured between the linear distance of the adjoining street.

K.

Adjustments to Parking Design and Development Standards. The Planning Commission may allow adjustments to parking design and development standards in this section through the approval of a Minor Exception as described in Chapter 18.108.070 (Minor Exceptions).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2341 N.S., § 8, 2-15-2023)

A.

General Standards. All landscaping within parking lots shall comply with the requirements of Chapter 18.72 (Landscaping) in addition to the standards within this section.

B.

Landscaping Defined. Except as otherwise specified in this section, landscaping and landscaped areas shall consist of plant materials, including any combination of trees, shrubs, and ground cover.

C.

Interior Landscaping. All areas within a parking lot not utilized for parking spaces or access/circulation shall be landscaped. For parking lots with more than fifteen spaces, the minimum amount of interior landscaping is specified in Table 18.72-6. Interior landscaping is defined as any landscaped area surrounded on at least two sides by parking spaces or drive aisles, and excluding areas around the perimeter of the parcel or development site.

Table 18.72-6: Minimum Required Parking Lot Landscaping

D.

Shade Trees.

1.

One shade tree shall be provided for every five parking spaces in a parking lot.

2.

Shade trees shall be a minimum twenty-four-inch box in size and shall provide a minimum thirty-foot canopy at maturity.

3.

Shade trees shall be of a type that can reach maturity within fifteen years of planting and shall be selected from a city-recommended list of canopy tree species.

4.

Shade trees shall be arranged in a parking lot to provide maximum shade coverage (based on a thirty-foot canopy) on August 21. The arrangement should approximate nearly fifty percent shade coverage.

E.

Concrete Curbs.

1.

All landscape areas shall be separated from parking spaces, drive aisles and driveways by a continuous, raised concrete curb. Raised concrete curbs shall be a minimum of six inches high by four inches deep.

2.

The city may approve alternatives to raised concrete curbs as needed to comply with any mandatory stormwater drainage standards.

F.

Parking Space Landscaping. A maximum of two feet at the front end of a parking space may be landscaped with low shrubs or ground cover in which a vehicle could extend over in lieu of paving surface. This landscaping may not count toward minimum required parking lot landscaped area.

G.

Timing. Landscaping shall be installed prior to the city's authorization to occupy any buildings served by the parking area, or prior to the final inspection for the parking lot.

H.

Green Parking Exemptions. Parking lots that incorporate solar panels, bioswales, and other similar green features not otherwise required by post construction stormwater requirements are eligible for reduced parking lot landscaping requirements with the approval of a conditional use permit.

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

A.

Applicability. All multifamily developments of five units or more and commercial and commercial parking lots of ten spaces or more shall provide bicycle parking as specified in this section.

B.

Types of Bicycle Parking.

1.

Short-Term/Class II Bicycle Parking. Short-term/class II bicycle parking provides shoppers, customers, messengers and other visitors who generally park for two hours or less a convenient and readily accessible place to park bicycles.

2.

Long-Term/Class I Parking. Long-term/class I bicycle parking provides employees, residents, visitors and others who generally stay at a site for several hours a secure and weather-protected place to park bicycles. Long-term parking may be located in garages or other limited access areas for exclusive use by tenants or residents.

C.

Bicycle Parking Spaces Required. Short-term and long-term bicycle parking spaces shall be provided as specified in Table 18.72-7.

Table 18.72-7: Required Bicycle Parking Spaces

D.

Short-Term/Class II Bicycle Parking Standards. Short-term bicycle parking shall be located within one hundred feet of the primary entrance of the structure or use it is intended to serve.

E.

Long-Term Bicycle Parking Standards. The following standards apply to long-term bicycle parking:

1.

Location. Long-term bicycle parking shall be located on or within seven hundred fifty feet of the use that it is intended to serve.

2.

Security. Long-term bicycle parking spaces shall be secured. Spaces are considered secured if they are:

a.

In a locked room or area enclosed by a fence with a locked gate;

b.

Within view or within one hundred feet of an attendant or security guard;

c.

In an area that is monitored by a security camera; or

d.

Visible from employee work areas.

F.

Parking Space Dimensions.

1.

Minimum dimensions of two feet by six feet shall be provided for each bicycle parking space.

2.

An aisle of at least five feet shall be provided behind all bicycle parking to allow room for maneuvering.

3.

2 feet of clearance shall be provided between bicycle parking spaces and adjacent walls, polls, landscaping, pedestrian paths, and other similar features.

Four feet of clearance shall be provided between bicycle parking spaces and adjacent automobile parking spaces and drive aisles.

G.

Rack Design. Bicycle racks must be capable of locking both the wheels and the frame of the bicycle and of supporting bicycles in an upright position.

H.

Cover. Required cover for bicycle parking spaces shall be permanent, designed to protect the bicycle from rainfall, and at least seven feet above the floor or ground.

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

18.72.090 - On-site loading.

A.

Applicability. All retail, hotel, warehousing, manufacturing, and similar uses that involve the frequent receipt or delivery of materials or merchandise shall provide on-site loading spaces consistent with the requirements of this section.

B.

Number of Loading Spaces. The minimum number of required loading spaces shall be as specified in Table 18.72-8.

Table 18.72-8: Required Loading Spaces

C.

Location.

1.

Required loading spaces shall be located on the same lot as the use they are intended to serve.

No loading space shall be located closer than fifty feet to a residential zoning district, unless the loading space is wholly enclosed within a building or screened by a solid wall not less than eight feet in height.

D.

Dimensions.

1.

Each loading space shall have minimum dimensions of twelve feet wide, forty feet long, and fourteen feet in vertical clearance.

2.

Deviations from the minimum dimensions standards may be approved by the community development director if the spatial needs are less than the minimum required due to the truck size and type that will be utilized in the operation of a specific business.

E.

Design and Configuration.

1.

Loading spaces shall be configured to ensure that loading and unloading takes place on-site and not within adjacent public rights-of way.

2.

Sufficient maneuvering area shall be provided for loading spaces so that vehicles may enter and exit an abutting street in a forward direction.

3.

Loading spaces and their associated maneuvering areas shall not encroach into required employee or visitor parking areas or other on-site areas required for vehicle circulation.

4.

Loading spaces shall be striped and clearly identified as for loading purposes only.

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

Chapter 18.76 - PERFORMANCE STANDARDS

This chapter establishes performance standards for uses and activities to protect the community from nuisances, hazards, and objectionable conditions; promote compatibility of different land uses; and to

protect environmental resources.

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

This chapter applies to all new and existing land uses, including permanent and temporary uses, in all districts unless an exemption is specifically provided.

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

Land or buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive or other hazard that would adversely affect the surrounding area.

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

18.76.040 - Air contaminants.

A.

No uses or activity may operate in a manner that emits excessive dust, fumes, smoke, or particulate matter, excluding standards set under state and federal law.

B.

Sources of air pollution shall comply with all rules established by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the Bay Area Air Quality Management District (BAAQMD).

C.

Operators of activities, processes, or uses that require approval to operate from the BAAQMD shall file a copy of the permit with the development services department within thirty days of permit approval.

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

A.

All uses and activities involving storage of flammable or explosive materials shall provide adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment.

B.

Fire-fighting and fire-suppression equipment and devices standard in industry shall be approved by the Fire Department.

C.

Burning of waste materials in open fires is prohibited.

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

No use or activity may produce direct or sky-reflected glare that is visible at a distance of five hundred feet from the use or activity, except for signs as allowed by Chapter 18.88 (Signs).

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

A.

The use, handling, storage and transportation of hazardous materials shall comply with the California Hazardous Materials Regulations and the California Fire and Building Codes, as well as the laws and regulations of the California Department of Toxic Substances Control and the county environmental health agency.

B.

Any use that handles, stores, or transports hazardous materials requires a conditional use permit.

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

18.76.080 - Liquid and solid wastes.

A.

Liquids and solids of any kind may not be discharged, either directly or indirectly, into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the California Regional Water Quality Control Board (California Administrative Code, Title 23, Chapter 3 and California Water Code, Division 7).

B.

Solid wastes shall be handled and stored so as to prevent nuisances, health, safety and fire hazards, and to facilitate recycling. There shall be no accumulation outdoors of solid wastes conducive to the breeding of rodents or insects, unless stored in closed containers.

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

A.

No land use or activity may produce a noise level in excess of the standards in Table 18.76-1.

Table 18.76-1: Maximum Noise Levels

Notes:

[1] The planning commission may allow an additional 5 dbA noise level at the lot line if the maximum noise level shown in Table 18.76-1 cannot be achieved with reasonable and feasible mitigation.

B.

Noise standards in Table 18.76-1do not apply to noise generated by vehicle traffic in the public right-of-way or from temporary construction, demolition, and vehicles that enter and leave the site of the noisegenerating use (e.g., construction equipment, trains, trucks).

C.

All uses and activities shall comply with Municipal Code Chapter 8.28 (Noise).

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

A.

No use or activity shall produce objectionable odors that are perceptible without instruments by a reasonable person at the lot line of a site.

B.

Odors from temporary construction, demolition, and vehicles that enter and leave the site (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.

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

No radiation of any kind shall be emitted that is dangerous to humans.

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

A.

No use or activities may cause electromagnetic interference with normal radio and television reception in a residential district, or with the function of other electronic equipment beyond the lot line of the site in which it is situated.

B.

All uses and activities shall comply with applicable Federal Communications Commission regulations.

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

Vibration transmitted through the ground that is discernible without instruments at the lot line of the establishment or use is prohibited. Vibrations from temporary construction, demolition, and vehicles that enter and leave the lot (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.

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

The maximum dock high door to square foot ratio for a facility that has a floor area of seventy-five thousand square feet or greater and a ceiling height of more than thirty-four feet over more than twenty-five percent of the floor area is 1:25,000.

(Ord. No. 2320, § 2, 4-7-2021; Ord. No. 2329 N.S., § 1, 3-16-2022; Ord. No. 2343 N.S., 1, 11-8-2022)

Chapter 18.78 - STANDARDS FOR PUBLIC ARTS

The city council finds and declares:

A.

Public art contributes to the public's understanding, enjoyment and experience of cultural diversity, while helping to create and maintain a large and diverse community that will enrich the city's cultural identity and economic vitality.

B.

The incorporation of public art into private and public development will create a unique sense of community as well as public identity and enhance the visual and aesthetic quality of such developments.

C.

The incorporation of public art in private and public development contributes to civic enhancement through creation of a more desirable community, which is in the public interest for those living and working in the City of Morgan Hill.

D.

The provision of public art supports and implements general plan policies to support publicly accessible artwork to enhance the social, cultural, historic, and artistic character of the community and ensure high quality architectural and artistic design in all new developments.

E.

Cultural and artistic assets should be included in private development projects because those projects diminish the availability of the community's resources for those cultural and artistic features, and because it is important that those projects contribute to the urbanization of private property in a manner that benefits the public.

F.

Cultural and artistic resources foster economic development and tourism, revitalize urban areas, and create a more desirable community within which to live and work.

(Ord. No. 2359 N.S., § 1, 12-4-2024)

18.78.020 - Applicability and exemptions.

A.

Applicability. This chapter applies to all new residential building developments of twenty housing units or more; nonresidential development projects of five thousand square feet or more; and new public buildings and new city parks.

B.

The following shall be exempt from the provisions of this chapter:

1.

Building/facility renovations or additions.

2.

Public works capital improvement projects, including, but not limited to, building/facility renovations or expansions, streets and roads, medians, trails, bike lanes, landscaping, storm drainage facilities, wastewater facilities, and water facilities.

3.

Non-Municipal Governmental projects.

4.

Municipal projects when the city council finds that, based upon the characteristics of the project or the project budget, it is in the best interests of the Morgan Hill community to do so.

(Ord. No. 2359 N.S., § 1, 12-4-2024)

18.78.030 - Contribution requirements.

A.

Program Allocation.

1.

Commercial, industrial, moderate-income and above moderate-income residential, and municipal development projects subject to the provisions of this chapter shall expend not less than one percent of building development construction valuation, to a maximum of one million dollars, acquiring and installing on-site artwork.

2.

Non-profit organizations and lower-income affordable housing development projects subject to the provisions of this chapter shall expend not less than one-half percent of building development construction valuation, to a maximum of five hundred thousand dollars, acquiring and installing on-site artwork.

B.

In-lieu Payments. In lieu of acquiring and installing on-site artwork as required under Section 18.78.030.A, the applicant, at the applicant's discretion, may pay into the Morgan Hill Public Art Fund a public art in-lieu contribution in an amount equal to one hundred percent of the program allocation. If an applicant chooses to make the public art in-lieu payment, the applicant must make that choice prior to final approval of the development project application and fully pay the public art in-lieu payment to the city prior to the issuance of the first building permit for the development project for which the contribution is required.

C.

If the applicant chooses to acquire and install on-site artwork, and the value of the on-site artwork is less than one hundred percent of the program allocation, the applicant shall pay into the Morgan Hill Public Art Fund the difference between one hundred percent of the program allocation and the value of the on-site artwork.

(Ord. No. 2359 N.S., § 1, 12-4-2024)

A.

On-site artwork shall be installed on the development project site in a location that allows the artwork to be visible and accessible by the public, such as the adjacent right-of-way.

B.

On-site artwork shall be permanently sited and an integral part of the landscaping and/or architecture of a building considering the historical, geographical, and social/cultural context of the site or community.

C.

On-site artwork shall be constructed of materials that are appropriate for the proposed location and to a scale that is proportional to the scale of the building or property it relates to or is sited upon.

D.

On-site artwork installations required by Section 18.78.030 may include:

1.

Graphic and multi-media: Printmaking, drawing, calligraphy and photography including digital, any combination of forms of electronic media including sound, film, holographic, and video and other art forms but only when on a large public scale;

2.

Interactive art pieces;

3.

Mixed Media: Any combination of forms or media, including collage;

4.

Mosaics;

5.

Painting: All media, including, but not limited to, murals;

6.

Performance spaces, including indoor or outdoor stages and amphitheaters.

7.

Public art gardens;

8.

Sculpture; such as in the round, bas-relief, mobile, fountain, kinetic, electronic, or other, in any material or combination of materials, including glass and neon;

9.

Waterworks; and

10.

Any other artwork determined by the city council to satisfy the intent of this section.

E.

The following facilities and artwork shall not be eligible to satisfy the requirements for on-site artwork:

1.

Mass-produced, standard design art objects such as playground equipment, benches or fountains;

2.

Decorative or functional architectural elements designed solely by the project architect;

3.

Directional elements such as super graphics, signage, or color coding;

4.

Logos or corporate identity;

5.

Reproduction, by mechanical or other means, of original works of art; and

6.

Art that signifies political or religious affiliations.

(Ord. No. 2359 N.S., § 1, 12-4-2024)

18.78.050 - Program administration.

A.

Projects subject to the public art requirement shall declare their intention to install public art on-site or to contribute to the in-lieu fund as part of the project design approval process, or the submission of building permits, if no design approval is required for the project. If an applicant chooses to install public art on-site, the applicant shall identify the proposed location(s) of the on-site public art on the submitted plans.

B.

Application Requirements. An application for the installation of on-site artwork shall be submitted to the development services department on forms furnished for that purpose and shall include the following information, as applicable:

1.

Landscape and/or site plans indicating the location and orientation of the on-site artwork that integrates the artwork into the overall project design;

2.

A sample, model, photograph(s), or drawing(s) of the proposed on-site artwork;

Material samples and finishes, if appropriate;

4.

The artist's resume and portfolio of past work, which demonstrates competency with the materials and forms proposed for the on-site artwork proposal;

5.

A written statement by the artist describing the on-site artwork, as well as a discussion of the manner in which the proposed on-site artwork meets the findings established by Section 18.78.050.E;

6.

An itemized budget declaring the valuation of the on-site artwork pursuant to Section 18.78.070;

7.

A maintenance plan for the on-site artwork;

8.

Any such additional information or materials as may be required by the development services director; and

9.

Application processing fees.

C.

Art Installations. The planning division shall review the location of the proposed art installation as part of the project design approval process, or the submission of building permits, if no design approval is required for the project. The library, culture, and arts commission shall review the proposed artwork.

D.

City Commissioned Public Art Project Installations. The library, culture, and arts commission shall review the proposed artwork and provide a recommendation to the city council. The city council shall review and act on all city commissioned public art projects.

E.

Findings. In order to approve an on-site artwork application, the library, culture, and arts commission must make all of the following findings:

1.

The artist has demonstrated qualifications to complete the proposed on-site artwork with the highest professional standards.

2.

There is sufficient public visibility and accessibility to the on-site artwork, and the proposed on-site artwork is compatible with and harmonious with the development project and surrounding environment.

3.

The proposed on-site artwork is durable and cost effective to maintain using ordinary methods of maintenance.

4.

The budget for the proposed on-site artwork and any in-lieu fees proposed by the applicant is equivalent to or exceeds the required program allocation.

F.

In-lieu Fee Collection. The city's engineering division shall be responsible for collecting the in-lieu fee prior to building permit issuance for nonresidential developments, and prior to certificate of occupancy for residential developments.

G.

Administration. The city's public services department shall be responsible for the administration of the public art fund.

(Ord. No. 2359 N.S., § 1, 12-4-2024)

A.

The property owner on which the on-site artwork is located shall maintain, or cause to be maintained, in good condition the on-site artwork continuously after its installation and shall perform necessary maintenance thereto to the satisfaction of the city. The maintenance obligations of the property owner shall be incorporated into the conditions of approval for the on-site artwork and shall be reflected in an agreement between the city and the owner of the property on which the on-site artwork shall be located and the agreement shall be recorded against the property prior to building permit issuance or final map approval, whichever occurs first.

B.

Should the property owner wish to remove the on-site artwork, the city must be notified in advance. The property owner shall replace the on-site artwork with on-site artwork of equal or greater value subject to the approval of the city, and consistent with the California Preservation of Works of Art Act and the Federal Visual Artists' Rights Act and any other relevant law.

(Ord. No. 2359 N.S., § 1, 12-4-2024)

A.

The following expenses may be included in the budget for the program allocation for on-site artwork:

1.

The on-site artwork itself, including the artist's fee for design, acquisition, purchase, structural engineering and fabrication;

2.

Transportation and installation of the on-site artwork at the development project site;

3.

Artwork identification signs; and

4.

Mountings, anchorages, containments, pedestals, bases, or materials necessary for installation of the onsite artwork.

B.

The following expenses shall not be included in the budget for the program allocation for on-site artwork:

1.

The cost of locating the artist(s);

2.

Architect and landscape architect fees;

3.

Land costs;

4.

Landscaping around the on-site artwork not integral to its design;

5.

Publicity, public relations, photographs, or dedication ceremonies;

6.

Utility fees associated with activating the artwork; and

Illuminating the on-site artwork if not integral to the design.

(Ord. No. 2359 N.S., § 1, 12-4-2024)

18.78.080 - Use of in-lieu fee funds.

Public art funds collected pursuant to this chapter may be used for the following activities:

A.

For the design, acquisition, purchase, commission, installation, placement, improvement, relocation, conservation, and insurance of artwork acquired by the city with the preference to commission public art from a local artist;

B.

For preventative care, maintenance, and utility charges related to the artwork and real property purchase;

C.

For the acquisition and improvement of real property for the purpose of displaying artwork, which has been or may be subsequently approved by the city;

D.

For costs associated with administering the public art program;

E.

Structures that enable the display of artwork(s); artistic design and fabrication fees; labor of assistants, materials, and contracted services required for the production and installation of the work of art; any required permit or certificate fees, business and legal costs directly related to the project; and

F.

Preparation of site to receive artwork.

(Ord. No. 2359 N.S., § 1, 12-4-2024)

Chapter 18.80 - RECREATIONAL VEHICLE PARKS

This chapter establishes standards for the development and operation of recreational vehicle (RV) parks. These standards are intended to:

A.

Ensure that RV parks are compatible with surrounding land uses;

B.

Provide a suitable environment for travelers and other occupants of RV parks;

C.

Protect RV parks as a recreational amenity serving temporary visitors; and

D.

Ensure RV parks conform to applicable state laws and regulations.

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

18.80.020 - Definitions.

Specialized terms used in this chapter are defined as follows:

A.

Recreational Vehicle (RV). A vehicular-type unit designed for temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The term "recreational vehicle" includes, but is not limited to:

1.

Motor homes constructed as an integral part of a self-propelled vehicle.

2.

Travel trailers built on a chassis and drawn by a motorized vehicle.

3.

Campers mounted on a truck chassis.

4.

Camping trailers and similar folding structures mounted on wheels.

5.

Park trailers built on a single chassis, mounted on wheels, with a gross trailer area not exceeding four hundred square feet in the setup mode, and certified by the manufacturer as complying with ANSI A119.5.

B.

Recreational Vehicle (RV) Park. An establishment designed, established, or used for exclusive occupancy by two or more recreational vehicles. RV parks are owned by a single owner or organizations where RV spaces are temporarily rented or leased to a person occupying an RV.

C.

Recreational Vehicle (RV) Space. A designated and defined are of land within an RV park intended for temporary location of an RV as a dwelling unit.

D.

Recreational Vehicle (RV) Space, Short Term. An RV space designated for stays of thirty days or less in one continuous stay, and no more than ninety days in any consecutive three hundred sixty-five-day period.

E.

Recreational Vehicle (RV) Space, Transitional. An RV space designated for stays of thirty-one to two hundred forty-four days in any consecutive three hundred sixty-five-day period. Transitional RV spaces are intended for persons moving to the Morgan Hill who may be in transition to permanent housing and require a temporary address in prior to obtaining permanent housing.

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

A.

All RV parks shall conform to Title 25, Chapter 5 of the state of California Administrative Code, Division 13 of the California Health and Safety Code, and all other state laws and regulations that apply to RV parks.

B.

In the event of conflict between any this chapter and any controlling state law or regulation, the state law or regulation shall apply. If the state law or regulation is not controlling, then the more restrictive provision shall apply.

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

A.

Conditional Use Permit.

1.

When located in a district that identifies RV parks as a permitted use, the establishment and operation of an RV park requires a conditional use permit.

2.

The Conditional Use Permit for an RV park shall specify the number and proportion of short term and transitional spaces permitted in the RV park.

B.

Design Permit. Establishment of an RV park requires planning commission approval of a design permit.

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

18.80.050 - Occupancy requirements.

A.

Length of Occupancy.

1.

The maximum length of occupancy in an RV park is as follows:

a.

Short Term RV Spaces: No more than thirty days in one continuous stay, and no more than ninety days in any consecutive three hundred sixty-five-day period.

b.

Transitional RV Spaces: No more than two hundred forty-four days in any consecutive three hundred sixtyfive-day period.

2.

Occupancy in an RV park for more than two hundred forty-four days is prohibited.

3.

Occupancy for longer than thirty days of any RV space designated by the conditional use permit as a short term RV space requires an amendment to the conditional use permit.

B.

Permitted Vehicles. Occupancy of an RV space is limited to one RV and one additional motor vehicle. Permanent buildings are prohibited within RV spaces.

C.

Tag of Certification. An RV which stays for more than thirty continuous days in a RV park shall have a tag of certification documenting compliance with state and federal RV manufacturing requirements. A tag of certification may be issued by:

1.

The California Department of Housing and Community Development under Section 4032, Title 25, Division 1, Chapter 3 of the California Code of Regulations ("state insignia") or other state or Canadian province; or

2.

The Recreational Vehicle Industry Association (RVIA) or a third-party certification company recognized by the city as being substantially equivalent.

D.

Registration Required.

1.

RV parks shall maintain a register listing the name, home address, vehicle identification number, and length of each of each park occupant. Erasures or alterations on the register is prohibited and unlawful.

2.

Each register page shall include a statement that the register is open to City inspection at all times. Registers shall be kept in a conspicuous place and shall be made available for city inspection upon request.

E.

City Verification. The city has the authority to allow a designated city staff member to visit an RV park, record vehicle identification numbers, vehicle license numbers and vehicle model types in spaces.

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

All RV parks shall comply with the following development standards:

A.

Park Size and Dimensions.

1.

Minimum RV park area: five acres total and two thousand square feet per RV space.

2.

Maximum RV park area: Twenty acres.

3.

Minimum street frontage: One hundred feet.

B.

RV Space Size and Dimensions.

1.

Minimum RV space area: One thousand square feet.

Minimum RV space depth: Forty feet.

3.

Minimum RV space frontage on an internal RV park road: Twenty feet.

C.

RV Park Roadways.

1.

Minimum internal roadway width: Twenty-eight feet.

2.

Minimum entry roadway width: Thirty-two feet or sixteen feet for one-way traffic originating and terminating in a two-way roadway.

3.

Roadways shall be paved to a thickness and material to meet city standards.

D.

Setbacks.

1.

Structures and vehicles shall be setback the minimum distance from exterior park boundaries as required by the applicable zoning district.

2.

Structures and vehicles shall be setback a minimum of ten feet from vehicles in separate spaces, buildings, and roadways.

3.

The main entrance of a park shall have an additional ten feet of landscaped setback above the minimum front setback of the applicable zoning district.

E.

Permanent Buildings.

1.

An RV park may contain one or more permanent buildings solely to serve residents of the park.

Permanent buildings shall comply with the development standards of the applicable zoning district and the setback requirements in Subsection D above.

3.

Permanent buildings may not occupy more that fifteen percent of an RV park.

4.

Permanent buildings may be used only for the following purposes:

a.

RV park administration and office.

b.

Recreational amenities and meeting areas.

c.

Sales of packaged food, sundries and other convenience items customarily sold by convenience stores.

d.

Storage of park equipment, excluding commercial storage for nonresidents of the RV park.

e.

Other subordinate uses as described in the conditional use permit for the RV park which are necessary and customary in order to operate a park.

F.

Amenities. An RV park shall provide amenities in proportion to the area of the park as follows:

1.

Restrooms: One restroom building for the first fifty spaces, plus one additional building for each additional one hundred spaces. Restrooms shall include separate toilets for men and women and shower facilities.

2.

Solid waste stations: one per two hundred spaces in addition to a sewer connection for each space.

3.

Recreation centers: one per two hundred spaces. The first recreation center shall contain a swimming pool. Additional play areas may include an athletic field, picnic shelter, horseshoe pits, volleyball court, shuffleboard court, tennis court, additional swimming pools or similar facilities.

G.

Landscaping.

1.

All required front setbacks and RV park entrances shall be landscaped consistent with city standards and requirements.

2.

The minimum landscaped area for each RV space is ten percent of the space area or two hundred feet, whichever is greater. At least one evergreen tree shall be planted and maintained within each RV space. No more than seventy percent of a space shall be nonpermeable (paved) area.

3.

The minimum landscaped area for the RV overall is twenty percent of total park area, including individual RV space landscaping. Required amenities listed in Subsection F above, including recreational buildings and pools, may be counted within the park landscaping requirement.

4.

Each RV park shall have at least one five hundred-foot by one hundred-foot area as a unified landscaped area visible from inside the park.

H.

Sewer. Each RV space shall be connected to a sewer lateral meeting City standards which is connected to the RV park master sewer system. The RV park master sewer system shall be connected to the City sewer system. Septic tank connections are prohibited.

I.

Water. Each vehicle space shall be connected to a water lateral meeting City standards which is connected to the RV park master water system, providing potable, safe and sanitary water. The RV park master water system shall be connected to the city water system.

J.

Pets. Each RV space shall be treated as a residence for purposes of the city regulations regarding number of pets, leash laws and related pet regulations.

K.

Perimeter Screening. Each RV park shall have a perimeter fence or wall built to city standards, at least six feet high, except that a fence or wall is not required in the landscaped front setback if individual RV spaces are not visible through the setback area from an adjacent public roadway.

L.

Accessory buildings and awnings. An RV space may contain temporary accessory building as follows:

1.

Accessory Buildings. One factory-enamel-coated metal shed per RV space, not to exceed fifty square feet in area, which is portable and not permanently affixed to the ground. Permitted use of such shed may include storage of the personal effects of the occupant or shelter for a pet.

2.

Awnings. One canvas, fiberglass or factory-enamel-coated metal awning per RV space, which may be freestanding or attached to the RV, which does not exceed in height, length or width the height, length or width of the RV and which is portable and not permanently affixed to the ground.

3.

All accessory buildings and awnings within RV spaces shall be the properties of the occupants of the space and shall not remain on the space after the occupants have vacated the space; nor shall the park owner own or maintain such accessory buildings or awnings on spaces.

M.

Signs. An RV park may have identification, directory, and directional signs as permitted by Chapter 18.88 (Signs).

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

Chapter 18.84 - ACCESSORY DWELLING UNITS[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Sec. 1 of Ord. No. 2313 N.S., adopted Dec. 18, 2019, amended Ch. 18.84 in its entirety to read as herein set out. Former Ch. 18.84 pertained to the same subject matter, and derived from Ord. No. 2277 N.S., adopted June 6, 2018.

This chapter establishes standards for the location and construction of accessory dwelling units and junior accessory dwelling units (jointly referred to "accessory units" in this chapter) in conformance with Government Code Sections 66314 through 66332 and 66333 through 66339, respectively. These standards are intended to allow for accessory units as an important form of affordable housing while preserving the character and integrity of residential neighborhoods in Morgan Hill, and to comply with State law.

(Ord. No. 2313, § 1, 12-18-2019; Ord. No. 2362, § 11, 2-19-2025)

18.84.020 - Permits required.

A.

Accessory units consistent with the requirements of this chapter are allowed by-right with the issuance of a building permit.

B.

Time Limit to Act. The city shall complete its review of an accessory unit application requiring a building permit and approve or deny the application within sixty days after receiving an application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory unit is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the accessory until the city acts on the permit application to create the new single-family dwelling. The application to create the accessory unit shall be considered without discretionary review or hearing.

C.

A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.

(Ord. No. 2313, § 1, 12-18-2019; Ord. No. 2341 N.S., § 9, 2-15-2023)

Accessory dwelling units are permitted in any zoning district where single-family or multifamily dwellings are a permitted land use as identified in part 2 (zoning districts and overlay zones) of the zoning code. Junior accessory dwelling units are permitted in any zoning district where single-family dwellings are a permitted land use as identified in part 2 (zoning districts and overlay zones) of the zoning code.

(Ord. No. 2313, § 1, 12-18-2019)

18.84.050 - Site and design standards.

A.

General.

1.

Accessory units are subject to the same requirements that apply to primary dwellings on the same lot in the applicable zoning district except as specified in this section.

2.

An accessory dwelling unit shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density, building coverage, or floor area ratio for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot.

B.

Number of Accessory Units.

1.

Single-Family Dwelling. No more than one detached accessory dwelling unit, no more than one attached accessory dwelling unit, and no more than one junior accessory dwelling unit is permitted on a single lot with an existing or proposed single-family dwelling.

2.

Proposed Multifamily Dwellings. Proposed multifamily dwelling structures may have no more than two detached accessory dwelling units on a lot.

3.

Existing Multifamily Dwellings.

a.

Existing multifamily dwelling structures may have no more than eight detached accessory dwelling units on a lot. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.

b.

Existing multifamily dwelling structures may also have no more than one accessory dwelling unit or up to twenty-five percent of the existing multifamily dwelling units, whichever is larger, within portions of an existing multifamily dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

C.

Relationship to Primary Dwelling.

1.

An accessory dwelling unit may be within, attached to, or detached from the primary dwelling. Attachment to the primary dwelling shall be by sharing a common interior wall or common roof. No passageway (as defined in Government Code Section 66313(i)) is required in conjunction with the construction of an accessory dwelling unit.

2.

An accessory dwelling unit shall have its own kitchen, bathroom facilities, and exterior access separate from the primary dwelling.

3.

The city shall allow junior accessory dwelling units as defined in Government Code Section 66313(d) to be constructed within the walls of the proposed or existing single-family residence with a separate entrance from the main entrance to the primary dwelling, an efficiency kitchen (consisting of a cooking facility with

appliances, a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit) and shared or independent bathroom facilities. If a junior accessory dwelling unit does not include a separate bathroom from the single-family residence, the junior accessory dwelling unit shall include an interior entry to the main living area of the single-family residence.

4.

The accessory unit shall be clearly subordinate to the primary dwelling by size, appearance, and location on the parcel and shall comply with all applicable building and safety codes.

5.

A detached accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a proposed or existing single-family dwelling may be combined with a junior accessory dwelling unit.

D.

Maximum Unit Size.

1.

Except as specified in this subsection, Table 18.84-1 identifies the maximum floor area for detached and attached accessory dwelling units.

Table 18.84-1: Maximum Accessory Dwelling Unit Floor Area

2.

The maximum floor area of junior accessory dwelling units shall be five hundred square feet.

3.

The conversion of an existing accessory structure to an accessory dwelling unit, within the same location and to the same dimensions as the existing accessory structure, is not subject to unit size requirements.

4.

An accessory dwelling unit or junior accessory dwelling unit created within an existing accessory structure or a portion of the existing or proposed single-family dwelling may be expanded up to one hundred fifty

square feet beyond the same physical dimensions as the existing accessory structure to accommodate ingress and egress only.

5.

An attached accessory dwelling unit permitted within the front yard setback, pursuant to Subsection E of this Section, shall be limited to eight hundred square feet.

E.

Property Line Setbacks.

1.

No setback is required for an existing accessory structure or living area as defined by Government Code Section 66313 that is converted to an accessory dwelling unit.

2.

No setback is required for an accessory dwelling unit constructed in the same location and the same footprint as an existing accessory structure.

3.

A minimum setback of four feet from the side and rear property lines is required for an accessory dwelling unit.

4.

An attached or detached accessory dwelling unit shall comply with the front setback requirements of the applicable zoning district. If an attached or detached accessory dwelling unit of at least eight hundred square feet in size is not permitted due to front, side, and rear setback requirements, then an attached accessory dwelling unit may be permitted within the front setback that complies with Section 18.92.080 (Intersection Sight Distance).

F.

Height.

1.

An attached accessory dwelling unit shall be limited to twenty-five feet in height or the height limitation of the applicable zoning district, whichever is less.

2.

A detached accessory dwelling unit that does not comply with the side and rear setbacks of the applicable zoning district shall be limited to sixteen feet in height, unless any of the following applies:

a.

On a lot within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the Public Resources Code, a detached accessory dwelling unit up to eighteen feet in height, and an additional two feet in height to accommodate a roof pitch, is permitted.

b.

On a lot with an existing or proposed multifamily, multi-story dwelling, a detached accessory dwelling unit up to eighteen feet in height is permitted.

G.

Parking.

1.

Except as specified in this subsection, required minimum on-site parking for accessory dwelling units shall be one parking space per accessory dwelling unit. On-site parking spaces for accessory dwelling units may be covered or uncovered and may be located within the front, side or rear setback areas (may be tandem).

2.

No off-street parking is required for an accessory dwelling unit in the following cases:

a.

The accessory dwelling unit is located within one-half mile walking distance of public transit.

b.

The accessory dwelling unit is located within an architecturally and historically significant historic district.

c.

When an accessory dwelling unit is constructed within the primary residence or an accessory structure.

d.

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

e.

When there is a car share vehicle pick-up/drop-off location within one block of the accessory dwelling unit.

3.

When an existing garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, the on-site parking spaces are not required to be replaced.

4.

On-site parking spaces are not required for junior accessory dwelling units.

H.

Design. The design of accessory units shall be compatible with the design and scale of the primary dwelling (using substantially the same landscaping, color, materials and design on the exterior) and the general character of the neighboring residential properties.

I.

Doors and Windows. Openings (e.g., doors and windows) on exterior walls that are closest to and face adjacent residentially-zoned properties shall be designed to minimize privacy impacts and maintain access to light and ventilation on adjacent properties.

J.

Utility Connections.

1.

General. An accessory unit shall not be considered a new residential use for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service unless constructed in conjunction with a new single-family residence.

2.

Accessory Units in Existing Space. For accessory units within an existing primary dwelling, garage, or other accessory structure, the city shall not require an applicant to install a new or separate utility connection directly between the accessory unit and the utility or impose a related connection fee or capacity charge.

3.

Attached and Detached Accessory Dwelling Units. Consistent with Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

4.

Fire Sprinklers. The installation of fire sprinklers shall not be required in an accessory unit if sprinklers are not required for the primary residence.

K.

Septic Tank Disposal System.

1.

In areas where septic tank disposal systems are allowed due to lack of sanitary sewer lines, detached accessory dwelling units shall be served by separate and independent septic tank sewage disposal systems. All leach lines shall be designed and installed in accordance with current septic system requirements of the Santa Clara County Environmental Health Services.

2.

In other areas of the city, accessory dwelling units shall be connected to the sanitary sewer system through the existing lateral line serving the primary dwelling unit.

(Ord. No. 2313, § 1, 12-18-2019; Ord. No. 2327 N.S., § 15, 12-15-2021; Ord. No. 2341 N.S., § 10, 2-152023; Ord. No. 2352, §§ 12, 13, 4-24-2024; Ord. No. 2362, § 12, 2-19-2025)

18.84.060 - Deed restrictions.

A.

Deed Restriction Required. Before obtaining a building permit for an accessory unit, the property owner shall file with the county recorder a declaration of restrictions containing a reference to the deed under which the property was acquired by the current owner. The deed restriction shall state that:

1.

The accessory unit may not be sold separately from the primary dwelling.

2.

The accessory unit is restricted to the approved size as set forth in subsection 18.84.050(D).

3.

The accessory unit shall not be rented for a period of less than thirty days.

B.

Binding on Future Owners. The above declarations shall be binding upon any successor in ownership of the property. Lack of compliance shall be cause for code enforcement and/or revoking the city's approval of the accessory unit.

(Ord. No. 2313, § 1, 12-18-2019)

A.

Impact fees shall not be imposed on an accessory dwelling unit less than seven hundred fifty square feet in size.

B.

Impact fees charged for an accessory dwelling unit of seven hundred fifty square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

(Ord. No. 2313, § 1, 12-18-2019)

Chapter 18.88 - SIGNS

This chapter establishes standards relating to the permitted type, size, height, placement, number, and design of signs. The intent of these standards is to:

A.

Support economically viable businesses serving city residents, workers, and visitors.

B.

Allow for signage that identifies businesses in a fair and equitable manner.

C.

Protect and enhance the aesthetic qualities of the city.

D.

Minimize hazards to motorists and pedestrians resulting from excessive, confusing, and distracting signs.

E.

Allow for a simple and streamlined sign permitting process.

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

18.88.020 - Definitions.

A.

Abandoned Sign. A sign whose advertised use or service has ceased to function for a period of ninety days or more.

B.

Off-Site Sign. A sign advertising a land use, business, product, or service not located or available on the premises where the sign is located.

C.

Portable Sign. A movable sign not permanently attached to the ground or building.

D.

Sign. Any structure, object, or device that uses letters, numbers, graphics, colors or other means of communication to advertise, announce, or communicate information of any kind to the public.

E.

Sign Copy. The area of a sign occupied by letters, numbers, graphics, or other content intended to communicate information.

F.

Sign Face. The area of a sign where sign copy is placed.

G.

Types of Signs.

1.

A-Frame Sign. A portable sign with two opposing flat faces designed to be self-supporting on the ground.

2.

Awning Sign. A sign incorporated into, attached, or painted on the face or valance of an awning.

3.

Banner Sign. A sign composed of lightweight, flexible, non-rigid material either enclosed or not enclosed in a rigid frame.

4.

Beacon Sign. A beam of light designed to draw attention to a particular location.

5.

Changeable Copy Sign. A sign with copy that that can be changed or rearranged electronically or manually without altering the face or surface of the sign.

6.

Directional Signs. A sign that provides directions to a place, structure or use, excluding signs installed by a public agency.

7.

Directory Sign. A sign which lists and identifies the location of the occupants of a multi-tenant building or site.

8.

Hospital Sign. A sign for a medical facility providing patient services primarily on an in-patient basis.

Inflatable Balloon Sign. A sign consisting of a flexible envelope of nonporous materials that gains its shape from inserted air or other gas.

10.

Feather Sign. A sign composed of durable lightweight fabric with a sturdy frame enclosing only a portion of the material's edge so that it can remain upright and still be flexible in the breeze, generally shaped to be tall and narrow when affixed into the ground or other bottom support, affixed to a pole. Includes teardrop signs.

11.

Flags. Fabric, textile, or material with colors and/or patterns which display a symbol of a nation, state, company, or idea.

12.

Freeway-Oriented Sign. A sign intended to be viewed primarily by motorists traveling on Highway 101.

13.

Freestanding Sign. A sign attached to an independent, freestanding structure that is not attached to a building.

14.

Marque Sign. A sign made a part of or in any manner attached to a marquee.

15.

Monument Signs. A freestanding sign that is supported by a solid-appearing base constructed of permanent material.

16.

Pole Sign. A freestanding sign that is supported by one or more poles which do not have a solid-appearing base constructed of permanent material.

17.

Political Sign. A temporary sign that encourages a particular vote in a scheduled election.

18.

Post Sign. A temporary sign suspended from a horizontal swingpost that is attached to a vertical post mounted in the ground.

Projecting Sign. A sign permanently attached to a building or wall such that the sign face or faces are perpendicular to the building or wall.

20.

Property Identification Sign. A sign identifying the name of a residential property or subdivision with ten or more units.

21.

Roof Signs. A sign erected upon, against, or directly above a roof above the parapet of a building.

22.

Site Sign. A temporary sign allowed on sites with uses under construction or not yet occupied.

23.

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

24.

Wall Sign. A sign attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.

25.

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

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2362, § 13, 2-19-2025)

18.88.030 - Required permits.

A.

Sign Permits.

1.

When Required. A sign permit is required to install, display, or alter a sign except for signs exempt from sign permit requirements as specified in Section 18.88.040 (Signs Allowed Without Permits).

2.

Review Authority.

a.

The community development director shall review and act on all sign permit applications except for signs reviewed by the planning commission as specified in Paragraph b below.

b.

The planning commission shall review and act on sign permit applications for the following types of signs:

(1)

Changeable copy message board for automotive-related business adjacent to Highway 101 consistent with Section 18.88.100.B (Changeable Copy Signs);

(2)

Freestanding freeway-oriented signs consistent with Section 18.88.100.C (Freestanding Freeway Oriented Signs);

(3)

Off-site hospital signs consistent with Section 18.88.100.D (Hospital Signs);

(4)

Off-site monument signs consistent with Section 18.88.100.D (Off-site Monument Signs);

(5)

Adjustments to sign standards consistent with Section 18.88.070 (Adjustment to Sign Standards); and

(6)

Master sign programs consistent with Section 18.88.110 (Master Sign Program).

B.

Encroachment Permit. A sign which projects into the public right-of-way requires city engineer approval of an encroachment permit.

C.

Building Permit. For signs that require a building permit, the city may not issue the sign permit until the building permit has been approved by the building official.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2327 N.S., § 16, 12-15-2021)

A.

Types of Signs. The following signs are exempt from the permit requirements of this chapter and shall not be counted towards the allowable sign area or number of signs on a parcel:

1.

A-Frame Signs. Each commercial business location shall be permitted one A-frame sign per street frontage. The sign shall not exceed four feet in height or a width of three feet, shall be unlighted, and shall be stored indoors during non-business hours. A multiple-occupancy building shall constitute one business location for the purpose of determining the number of signs permitted. A-frame signs shall not obscure or visually impair vehicular traffic and shall not be placed within a public right-of-way or on publicly owned property or affect access to a structure.

2.

Alley and Service Area Signs. Signs fronting an alley or service area mounted flat against a wall and not exceeding twenty-five square feet in aggregate area.

3.

Commemorative Plaques. One commemorative plaque identifying a building name, date of construction, or similar information that is cut into, carved, or made of stone, concrete, metal, or other similar permanent material.

4.

Decorations. Holiday and cultural observance decorations on private property which do not include any commercial advertising.

5.

Directional Signs. On-site directional signs located entirely on the property to which they pertain, identifying direction to parking, restrooms, and similar public facilities, each not exceeding five feet in height and five square feet in area for non-residential uses and two square feet for residential uses.

6.

Directory Signs. One directory sign per street frontage as follows:

a.

Maximum area: One square foot per tenant up to twenty-four square feet.

b.

Maximum height: Six feet if freestanding.

c.

Internal illumination prohibited.

7.

Feather Signs. Up to three feather signs may be allowed for thirty days after the initial opening (i.e., grand opening) of a business or housing development. The sign shall not exceed nine feet in height or a width of

three feet and shall be unlighted. The signs shall not obscure or visually impair vehicular traffic and shall not be placed within a public right-of-way or on publicly owned property or affect access to a structure.

8.

Flags. Flags bearing noncommercial messages or graphic symbols as follows:

a.

No more than three flags are permitted per parcel.

b.

For flags flown on a flagpole longer than six feet, the longest dimension of the flag shall not exceed onethird the height of the flagpole; otherwise the longest flag dimension shall not exceed six feet.

9.

Government Signs. Signs installed by a governmental agency, including signs advertising community activities and local nonprofit, civic, or fraternal organizations.

10.

House Number and Nameplates. House numbers and nameplates up to four square feet for each residential dwelling.

11.

Informational Signs. Signs with information for the safety and convenience of the public such as address, hours and days of operation, whether a business is open or closed, no smoking notices, up to three square feet per sign and ten square feet in total.

12.

Internal Signs. Signs within a building, or on the premises of a building, that are not visible from the public right-of-way and are intended for interior viewing only.

13.

No Trespassing Signs. "No trespassing" signs, each not more than one square foot in size, placed at each corner and each entrance to property, and at intervals of not less than one hundred feet, or in compliance with the requirements of state or federal law.

14.

Non-Commercial Bulletin Boards. One bulletin board on a parcel occupied by a non-commercial place of public assembly, with a maximum area of twelve square feet.

15.

Political Signs. Temporary political signs consistent with Section 18.88.120 (Temporary Signs) that are generally placed not sooner than ninety days prior to the scheduled election and are typically removed within ten days after that election and has a statement of responsibility filed with the city certifying a person who will be responsible for removing the temporary political sign and who will be responsible for any incurred violations of this Chapter.

16.

Real Estate Listings. Real estate listings posted in the window of a real estate office, with a maximum area of twenty-five percent of the total window area.

17.

Restaurant Menu Signs. Restaurant menu signs attached to a building, with a maximum area of three square feet.

18.

Temporary Signs. Temporary signs consistent with Section 18.88.120 (Temporary Signs).

19.

Traffic-Control Devices. Official traffic-control devices in accordance with Municipal Code Chapter 10.16 (Traffic-Control Devices)

B.

Changes to Sign Face. Changes to a sign face that do not structurally alter or enlarge a legally-established sign are exempt from the permit requirements of this chapter.

C.

Routine Maintenance. The painting, cleaning, repair, and normal maintenance of a legally-established sign are exempt from the permit requirements of this chapter.

D.

Murals and Decorations. Murals and decorations on the exterior of a building that do not advertise a product, business, or service are not considered signs and are not subject to the requirements of this chapter.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2362, § 14, 2-19-2025)

18.88.050 - Prohibited signs.

A.

Prohibited Sign Types. The following types of signs are prohibited:

Banners signs and pennants except when uses as a temporary sign consistent with Section 18.88.120 (Temporary Signs).

2.

Beacon signs and searchlights.

3.

Inflatable balloon signs and signs attached to inflated or gas-filled features.

4.

Off-site signs, except for:

a.

Off-site hospital signs consistent with Section 18.88.100.D (Hospital Signs);

b.

Off-site monument signs consistent with Section 18.88.100.D (Off-site Monument Signs);

c.

Off-site directional signs for community assembly uses in compliance with Section 18.88.100.H (Off-site Directional Signs for Community Assembly Uses);

d.

Temporary off-site directional signs in compliance with Section 18.88.120.D (Temporary Off-site Directional Signs).

5.

Pole signs.

6.

Portable signs.

7.

Roof signs.

8.

Abandoned signs.

9.

Murals and decorations on the exterior of a building that advertise a product, business, or service.

B.

Prohibited Location or Placement. Signs with the following location and/or placement characteristics are prohibited:

1.

Signs attached to or placed adjacent to any utility pole, parking meter, traffic signpost, traffic signal, or any other traffic control device.

2.

Signs attached to trees.

3.

Signs erected or maintained with horizontal or vertical clearance from overhead utilities less than required by state agencies.

4.

Signs installed without permission of the owner or the owner's agent of the property on which the sign is located.

5.

Signs mounted or attached to a vehicle parked for the purpose of calling attention to or advertising a business establishment.

6.

Signs projecting over a public roadway which have not received an encroachment permit from the city engineer.

7.

Signs that obstruct or interfere with the free use of a fire escape, exit, stairway, door, ventilator or window in violation of the California Building or Fire Code.

8.

Signs that interfere with visibility at an intersection, public right-of-way, driveway, or other point of ingress/egress. The city may require sign setbacks greater than specified in this chapter as needed to maintain adequate visibility for motorists and pedestrians.

C.

Prohibited Design Features. Signs with the following design features and/or physical characteristics are prohibited:

Signs which constitute a traffic hazard due to highly reflective and fluorescent painted signs.

2.

Signs which simulate in size, color, lettering, or design a traffic control sign or signal.

3.

Animated signs which move, rotate, revolve and other similar signs that visibly moving or rotating parts or visible mechanical movement of any kind.

4.

Signs which flash, blink, change color, or change intensity including digital display and electronic readerboard signs, except for changeable-copy signs for automotive businesses adjacent to Highway 101 and movie theater signs consistent with Section 18.88.120 (Changeable Copy Signs).

5.

Signs emitting audible sounds, odor, or visible matter.

6.

Signs that feature a flag, pennant, whirligig, or any device which is designed to wave, flutter, rotate or display other movement under the influence of wind.

7.

Any sign that utilizes visible guy wires, angle irons and iron frame structures.

8.

Signs or sign structures which have become a public nuisance or hazard due to inadequate maintenance, or dilapidation.

D.

Prohibited Sign Content.

1.

The following sign content is prohibited:

a.

Obscene or indecent text or graphics.

b.

Text or graphics that advertise unlawful activity.

c.

Text or graphics that constitute defamation, incitement to imminent lawless action, or true threats.

d.

Text or graphics that present a clear and present danger due to their potential confusion with signs that provide public safety information (for example, signs that use the words "Caution," or "Danger," or comparable words, phrases, symbols, or characters in such a manner as to imply a safety hazard that does not exist).

e.

Content advertising a use that has ceased to function for a period of 90 days or more.

2.

The content prohibited by paragraph 1 above is either not protected by the United States or California Constitutions or are offered limited protection that is outweighed by the substantial governmental interests in protecting the public safety and welfare. It is the intent of the city council that each subparagraph of paragraph 1 above be individually severable in the event that a court of competent jurisdiction were to hold one or more of them to be inconsistent with the United States or California Constitutions.

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

A.

Measuring Sign Area.

1.

Sign area is measured as the area of all sign copy, framing, or other display enclosed within a continuous perimeter composed of squares or rectangles. See Figure 18.88-1.

Figure 18.88-1: Measurement of Sign Area

==> picture [408 x 153] intentionally omitted <==

2.

Supporting framework or bracing that is clearly incidental to the display itself shall not be calculated as sign area.

3.

The area of a double-faced (back-to-back) sign shall be calculated as a single sign face if the distance between each sign face does not exceed 18 inches and the two faces are parallel with each other.

4.

The area of spherical, free-form, sculptural or other non-planar signs are measured as fifty percent of the sum of the area enclosed within the four vertical sides of the smallest four-sided polyhedron that will encompass the sign structure. See Figure 18.88-2.

Figure 18.88-2: Non-Planer Sign Area

==> picture [168 x 162] intentionally omitted <==

B.

Building Code Compliance. All signs shall comply with Chapter 15.08 (Building Code) and Chapter 15.12 (Electrical Code) of the Morgan Hill Municipal Code.

C.

Maintenance. Signs, including all supports, braces, and anchors, shall be maintained in a state of good repair at all times. If the city determines that a sign has been damaged beyond fifty percent of its serviceable value, the sign shall be repaired and brought into compliance with all applicable requirements of this chapter.

D.

Building Surface Repair. When an existing sign is replaced or modified, any newly exposed portions of a building surface on which the sign is displayed shall be repaired and repainted to restore a uniform appearance to the surface. Compliance with this requirement includes the removal of any excess conduit and supports, and the patching or filling of any exposed holes.

E.

Illumination.

Non-residential 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 lettering, registered trademark, or logo.

2.

The light source for externally illuminated signs shall be positioned so that light does not shine directly on adjoining properties or cause glare for motorists or pedestrians.

3.

Exposed bulbs are not permitted.

4.

Freestanding signs within the gateway areas as shown in the city of Morgan Hill Scenic Gateway Guidelines shall be non-illuminated or indirectly illuminated by exterior lighting sources only.

F.

Materials and Design.

1.

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

2.

The design of signs, including its shape, features, materials, colors, and textures, shall be compatible with the design character of the development or use it identifies and will not have an adverse effect on the character and integrity of the surrounding area.

G.

Downtown Signs. Signs located within the Downtown Specific Plan overlay zone shall comply with the signage guidelines in the Downtown Specific Plan to the extent appropriate as determined by the review authority.

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

This section establishes procedures to allow the planning commission to approve signs that deviate from certain standards to provide reasonable flexibility in the administration of the sign ordinance.

A.

Permit Required. Adjustments to sign standards allowed by this section requires planning commission approval of a sign permit.

B.

Permitted Adjustments. The planning commission may allow adjustment to the following sign standards:

1.

The maximum permitted sign area up to a twenty-five percent increase.

2.

The maximum permitted sign height up to twenty-five percent increase.

3.

The maximum number of permitted signs.

4.

Requirements for temporary signs.

C.

Findings. The planning commission may approve an adjustment to sign standards as allowed by this section if the following findings can be made in addition to findings required to approve the sign permit applications:

1.

The sign will be compatible with adjacent structures and uses and is consistent with the character of the neighborhood or district where it is located.

2.

The sign will not adversely impact neighboring properties or the community at large.

3.

The adjustment is necessary due to unique characteristics of the subject property, structure, or use.

4.

The sign will be consistent with the purpose of the zoning district, the general plan, any applicable specific plan, and any adopted area or neighborhood plan.

5.

The adjustment will not establish an undesirable precedent.

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

The sign standards in this section apply to properties in the mixed use (MU-D, MU-N, MUF), commercial (CN, CG, CH, CS), industrial (IL, IG, IC, IO), public facilities (PF), and sports recreation leisure (SRL) zones.

A.

Signs Exempt from Permit Requirements. Signs that are exempt from the permit requirements of this chapter and do not count towards the allowable sign area or number of signs on a parcel are identified in Section 18.88.040 (Signs Allowed Without Permits).

B.

Total Sign Area.

1.

General. The maximum permitted aggregate sign area allowed on a parcel is as follows and as shown in Figure 18.88-3.

Figure 18.88-3: Maximum Aggregate Sign Area - Single Frontage Outside Downtown Specific Plan Overlay Zone

==> picture [300 x 218] intentionally omitted <==

a.

Mixed Use Zones: One and one-half square feet per lineal feet of street frontage to a maximum of one hundred square feet.

b.

Commercial, Industrial, Public Facilities, and Sports Recreation Leisure Zones: Two square feet per lineal feet of street frontage to a maximum of one hundred square feet.

2.

Downtown Specific Plan Overlay Zone. The maximum permitted aggregate sign area allowed on a parcel in the Downtown Specific Plan Overlay Zone is as follows.

a.

Buildings fronting Monterey Road, Third Street, and Depot Street: One square feet per lineal feet of street frontage.

b.

Buildings Fronting Other Streets: Three-fourths of one square foot per lineal feet of street frontage.

3.

Sites with Multiple Frontages. On parcels and sites with more than one frontage on a public street (excluding alleys), the maximum permitted sign area is calculated as follows:

a.

Corner and Through Lots. Where a lot fronts on two streets (a corner or "through lot"), either both the front and side, or front and rear lot lines as related to the applicable frontages may be used for calculating the allowable sign area.

Figure 18.88-4: Maximum Aggregate Sign Area — Double Frontage Outside Downtown Specific Plan Overlay Zone

==> picture [240 x 146] intentionally omitted <==

b.

Three or More Frontages. Where a lot has three or more frontages on a public street, the length of only two contiguous sides, one of which must be the principal street frontage, are added together to determine allowable sign area.

4.

Multiple-Occupancy Commercial Sites with Limited Frontage. Where a multiple-occupancy commercial site has public street frontage equal to twenty percent or less of the perimeter measurement of the site, the maximum allowable sign area for the site is calculated as follows:

a.

One square foot of sign area per one lineal foot of public street frontage; plus

b.

One lineal foot of exterior building walls fronting on driveways and parking lots that are generally used for public access and are located on the same site.

5.

Minimum Allowance in Multi-Tenant Projects. For multi-tenant commercial projects, the aggregate sign area may be increased to the extent that each tenant has a minimum of one-half of one square foot of sign area per lineal foot of business frontage on the primary street frontage.

C.

Standards for Sign Types. Signs within non-residential zoning districts shall comply with Section 18.88.100 (Standards for Specific Sign Types).

D.

Signage Guidelines — Downtown Signs. Signs located within the Downtown Specific Plan overlay zone boundaries shall conform to the signage guidelines in the Downtown Specific Plan.

E.

Temporary Signs. Temporary signs allowed in non-residential zoning districts are identified in Section 18.88.120 (Temporary Signs).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2341 N.S., § 11, 2-15-2023)

The sign standards in this section apply to signs in the residential and open space zoning districts.

A.

Signs Exempt from Permit Requirements. Signs that are exempt from the permit requirements of this chapter and do not count towards the allowable sign area or number of signs on a parcel are identified in Section 18.88.040 (Signs Allowed Without Permits).

B.

Property Identification Signs. Residential properties or subdivisions with ten or more units may have property identification signs consistent with the following standards:

1.

Maximum Number: Two per street entrance.

2.

Permitted Type: Monument sign or attached to a masonry wall.

Minimum Setbacks: Five feet from property line.

4.

Maximum Sign Area: Thirty-two square feet, which may be a single sign or divided between two signs on opposite sides of the street entrance.

5.

Maximum Height: Six feet for monument signs.

6.

Landscaping: Must include landscaping around the base with minimum horizontal dimension of at least Four feet.

7.

Illumination: External illumination only.

C.

Non-Residential Signs. Signs for permitted non-residential uses in residential zones shall comply with the following standards:

1.

Maximum Number: One monument sign and one wall sign per street frontage.

2.

Permitted Type: Monument and wall signs.

3.

Maximum Sign Area: Thirty-two square feet for monument signs and twenty-four square feet for wall signs.

4.

Maximum Height: Six feet for monument signs and twelve feet for wall signs.

5.

Minimum Setback: Ten feet from property line for monument signs.

6.

Illumination: External illumination only.

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

This section establishes standards for specific sign types where such signs are permitted.

A.

Awning Signs.

1.

Maximum Area: Two-thirds of awning valance area and fifteen percent of awning face, or twenty-five square feet, whichever is less.

2.

Maximum Projection from Building Wall: No greater than the awning.

3.

Minimum Vertical Clearance: Six feet.

4.

Minimum Horizontal Clearance: Two feet from street or drive aisle curb.

5.

Placement: Sign may only be mounted on the wall area below the second floor.

6.

Materials: Awnings shall be constructed of durable, long lasting fabric. Plastic or vinyl material is not permitted.

B.

Changeable Copy Signs. The city council finds that automotive-related businesses near to Highway 101 have unique needs for communicating their message due to large market area of car dealerships, the site area required to maintain inventory, and the tendency for multiple car dealerships to cluster in a single location. the City Council also finds that movie-theatres have unique needs for communicating their message due to the number of and frequent change to films typically showing at a single time.

1.

Where Permitted: Changeable copy signs are permitted only for:

a.

Automotive-related business within one hundred feet of the Highway 101 right-of-way; and

b.

Movie theatres.

Frequency of Copy Change: Copy may change no frequently than every two minutes.

C.

Freestanding Freeway-Oriented Signs. The city council finds that large retail developments adjacent to Highway 101 have unique needs of communicating their message due to the high speed of vehicles traveling on the highway and the size and number of tenants located immediately to the freeway.

1.

Eligibility: Freestanding freeway-oriented signs are permitted on sites that are:

a.

Occupied by an existing or proposed unified commercial retail development of one hundred thousand square feet or more;

b.

A minimum of ten acres; and

c.

Directly abuts the Highway 101 right-of way.

2.

Permit Required. Freestanding freeway-oriented signs require planning commission approval of a sign permit.

3.

Maximum Number: One per site.

4.

Maximum Height: Fifty feet.

5.

Maximum Area: Two hundred square feet. Ancillary components of a sign such as shopping center identification that does not exceed twenty-five percent of the total sign area may be excluded from the calculation of the sign area.

6.

Setbacks: Ten feet minimum from the highway right-of-way or other distance as determined by Caltrans and two hundred feet minimum from a residential zone.

Total Aggregate Sign Area: The area of a freestanding freeway-oriented sign shall not be included in the calculation of the maximum total aggregate sign area for the parcel or site.

8.

Minimum Separation: A freestanding freeway-oriented sign shall be separated a minimum of one thousand feet from another freestanding freeway-oriented sign.

9.

Design: The sign shall be compatible with surrounding development and the uses which it serves in general appearance and materials.

10.

Landscaping. The sign base area shall be located in an irrigated landscaped planting area.

D.

Hospital Signs. The city council finds that special allowance for off-site hospital signs are necessary to facilitate wayfinding to a hospital in case of an emergency and to protect the public health, safety, and welfare. Two types of off-site hospital signs are permitted: freeway-oriented hospital signs and hospital directional signs.

1.

Off-Site Freeway-Oriented Hospital Signs.

a.

Location: Signs must be located within one hundred feet of the Highway 101 right-of-way and within five hundred feet the closest highway off-ramp closest to the hospital.

b.

Maximum Number: one sign per hospital.

c.

Maximum Height: fifteen feet.

d.

Maximum Area: four hundred twenty-five square feet.

2.

Off-Site Hospital Directional Signs.

a.

Maximum Number: As necessary to provide adequate wayfinding to the hospital as determined by the community development director.

b.

Maximum Height: six feet.

c.

Maximum Area: fifteen square feet.

3.

Permit Required. Off-site freeway-oriented hospital signs and off-site hospital directional signs require planning commission approval of a sign permit.

E.

Marque Signs.

1.

Maximum Number: one per use.

2.

Maximum Height: thirty-five feet.

3.

Maximum Area: five hundred square feet total for all sign faces.

4.

Use Restriction: Limited to theatres, auditoriums, and indoor amusement/entertainment facilities.

5.

Maximum Projection from Building Wall: twelve feet.

6.

Minimum Vertical Clearance: eight feet.

7.

Placement: Sign shall be affixed to a building wall directly above the primary public entrance of the use.

8.

Animation: Flashing or chase lights only.

F.

Monument Signs.

1.

Maximum Number: one per street frontage or one per vehicle access point from street, whichever is greater

2.

Maximum Height: eight feet.

3.

Maximum Area: one-half of one square foot per lineal foot of property street frontage up to fifty square feet.

4.

Setbacks: six feet minimum from vehicle access ways and three feet minimum from property lines.

5.

Minimum Separation: Monument signs shall be separated a minimum of seventy-five feet from monument signs on abutting properties and one hundred feet from monument signs on the same property.

6.

Landscaping: The sign base area shall be located in an irrigated landscaped planting area.

G.

Off-Site Monument Signs.

1.

Permit Required: The planning commission may allow an off-site monument sign consistent with this section with the approval of a sign permit.

2.

Findings for Approval: The planning commission may approve a sign permit an off-site monument sign upon making all of the following findings:

a.

The site is geographically located such that the business has limited visibility from an arterial road.

b.

The proposed off-site signage is necessary and appropriate to allow the business to be competitive with other businesses of a similar nature located elsewhere.

c.

The proposed off-site signage will not have a significant adverse effect on the character and integrity of the surrounding area.

3.

Standards: Off-site monument signs shall comply with standards for monument signs in Subsection F (Monument Signs) above.

4.

Additional On-Site Sign Prohibited: A business that is advertised on an off-site sign may not also be advertised on an on-site monument sign.

H.

Off-Site Directional Signs for Community Assembly Uses. City council finds that community assembly uses have unique needs for communicating their messages due to their frequent location in residential neighborhoods and role as quasi-public uses within the community.

1.

Eligible Uses: The city may install off-site directional signs for community assembly uses as defined in Section 18.124.030 (Community Assembly Uses).

2.

Maximum Number: Two per use.

3.

Location: Within public right-of-way.

4.

Other Requirements: Signs shall be installed and maintained by the city at the applicant's expense.

I.

Projecting Signs.

1.

Maximum Number: One per building or tenant space.

Maximum Area: Eight square feet.

3.

Maximum Projection from Building Wall: Four feet.

4.

Signs in a Public Alley: A sign which projects into a public alley shall be located at least fourteen feet above the alley grade and may not project more than twelve inches from the wall to which it is attached.

5.

Minimum Vertical Clearance: eighteen feet.

6.

Minimum Horizontal Clearance: two feet from the street or drive aisle curb.

7.

Placement: Signs may only be mounted on the wall area below the second floor.

J.

Suspended Signs.

1.

Maximum Area: five square feet.

2.

Maximum Projection from Building Wall: no greater than the structure to which it is attached.

3.

Minimum Vertical Clearance: eight feet.

4.

Minimum Horizontal Clearance: two feet from street or drive aisle curb.

5.

Placement: Sign shall be suspended below a ground-level awning, canopy, or ceiling of an arcade and shall be adjacent to the primary public entrance to the use.

K.

Wall Signs.

Maximum Number: One per building frontage for single-tenant buildings and one per tenant space for multi-tenant buildings.

2.

Maximum Height: Not to exceed the roof line or parapet of the building wall to which it is attached.

3.

Maximum Area: For single-tenant buildings, one and one-half square feet per lineal foot of building wall to which it is attached. For multi-tenant buildings, one and one-half square feet per lineal foot of tenant frontage to which it is attached.

4.

Projection from Building Wall: Not to exceed six inches.

5.

Placement: Sign shall be attached to the building wall of the use associated with the sign. For multi-tenant buildings, sign shall be affixed to the portion of the wall where the business is located.

L.

Window Signs.

1.

Maximum Area: twenty-five percent of window to which it is attached.

2.

Placement: Permitted only on ground floor windows.

3.

Transparency: A minimum of seventy-five percent of the total window area for a use shall be transparent and free of signage features. Any sign attached to a window, within two feet of a window, or attached to a display located within two feet of a window is considered a window sign.

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

18.88.110 - Master sign program.

A.

Purpose. The purpose of the master sign program is to provide a coordinated approach to signage for multifamily development and multi-tenant commercial developments.

B.

Applicability. A master sign program is required for:

1.

Multifamily uses with more than one permanent sign proposed;

2.

Any non-residential development with four or more tenants; and/or

3.

Any building containing more than one business or tenant in the Downtown Specific Plan overlay zone.

C.

Permit Required. A master sign program requires planning commission approval of a sign permit.

D.

Applications. Applications shall be filed with the development services department on the appropriate city forms, together with all the necessary fees, deposits, exhibits, maps, and other information required by the department to clearly and accurately describe the proposed master sign program.

E.

Master Sign Program Contents. All master sign programs shall identify the materials, color, size, type, placement and general design of signs located on a project or property.

F.

Design Standards.

1.

Master sign programs shall feature a unified and coordinated approach to the materials, color, size, type, placement and general design of signs proposed for a project or property. Master sign programs may allow for variety in the design of individual signs provided that the signs contribute to a consistent visual theme within the property.

2.

A Master sign program may deviate from standards contained in this chapter relating to permitted sign height, number of signs, sign area, and type of sign. A master sign program may not allow prohibited signs as identified in Section 18.88.050 (Prohibited Signs).

G.

Effect of Master Sign Program.

1.

All subsequent signs proposed for a development or property subject to an approved master sign program shall comply with the standards and specifications included in the master sign program.

2.

Signs consistent with an approved master sign program are allowed with an administrative sign permit.

3.

Approval of a master sign program shall supersede the regulations of this chapter. Any aspect of the proposed signs not addressed by the master sign program shall be in compliance with this chapter.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2327 N.S., § 17, 12-15-2021)

A.

Residential Zoning Districts. Temporary signs in residential zoning districts shall comply with the standards in Table 18.88-1.

Table 18.88-1: Temporary Residential Sign Standards

B.

Non-Residential Zoning Districts. Temporary signs in non-residential zoning districts shall comply with the standards in Table 18.88-2.

Table 18.88-2: Temporary Non-Residential Sign Standards

C.

Duration. Temporary signs in all zoning districts shall be removed the earliest of when:

1.

A commercial message is obsolete and has become misleading (e.g., a "for lease" or "for sale" sign in front of a building that is leased or sold);

The sign falls into disrepair; or

3.

The sign has been displayed for the maximum number of days shown in Table 18.88-3.

Table 18.88-3: Temporary Sign Duration Standards

D.

Temporary Off-Site Directional Signs. The city council finds that due to the existing configuration of streets and general development pattern there is a need to enhance wayfinding to large new development projects in Morgan Hill. As such, the city may allow temporary off-site directional signs within the public right-of-way as described below.

1.

When Allowed. Temporary off-site directional signs are allowed to provide enhanced wayfinding to any development project under construction or not yet occupied on a site of two acres or more.

2.

Location. Temporary off-site directional signs may be located within park strips between the curb and sidewalk or behind the sidewalk within the public right-of-way.

3.

Permit Required.

a.

Installation of temporary off-site directional signs requires the approval of a temporary use permit in accordance with Section 18.92.150 (Temporary Uses and Structures).

b.

Applications for temporary off-site directional signs shall show the proposed location of signs in addition to all required fees, information, and materials as specified by the development services department.

c.

Temporary use permits shall be valid for one year and may extended in accordance with Section 18.104.210 (Time Limits and Extensions).

d.

The city may revoke the temporary use permit at any time if the signs threaten the public health, safety, and welfare.

4.

Number and Size of Signs.

a.

A maximum of thirty off-site directional signs are permitted per project.

b.

Each sign may have an area of no more than four square feet per side and a height of no more than four feet.

5.

Sign Material and Design.

a.

Signs shall be constructed of flexible and weatherproof plastic or reinforced paper material that is permanently attached to a plastic or wooden stake. The top of the stake shall be flat or rounded and shall not be pointed.

b.

Signs may not be illuminated, inflatable or have moving parts.

c.

Signs may not include balloons, streamers, ribbons or other similar devices designed to move in the wind.

d.

Signs may not resemble traffic-control signs or devices.

6.

Display Hours.

a.

Signs may be displayed in the period from five p.m. on Friday to no more than four hours after sunset on Sunday, and from five p.m. on the day prior to a holiday to no more than four hours after sunset on the day of the holiday.

b.

Stakes and cable ties must be removed when the signs are removed.

7.

Sign Attachment.

a.

Signs shall be securely positioned and shall be either:

(1)

Staked into the ground, or

(2)

Attached to poles or posts by means of at least two plastic strips that are a minimum of one-quarter-inch wide (commonly known as "cable ties"), provided that no sign may be attached to any utility pole, traffic signal light post or to any pole or post displaying a traffic sign, motorist call box or historical marker as provided in Section 21464(a) of the California Vehicle Code. Where placement on a pole is allowed, a maximum of one directional sign may be installed. Cable ties must be sufficiently spaced to insure that the support stake is mounted parallel to the pole or post.

b.

Signs may not be attached in any manner to trees, utility poles, utility cabinets, street or traffic signs, benches, hydrants, mailboxes, traffic signal light post, or any pole or post displaying a traffic sign, motorist call box or historical marker.

8.

Sign Location.

a.

Sign must be separated by at least five hundred feet when on the same roadway, except that two signs on the same roadway may be may be located within fifty feet of an intersection if the signs are directing traffic

to turn at the intersection.

b.

Signs must be setback at least twenty-five feet from a temporary park strip sign for a different development project.

c.

Signs may not be located:

(1)

Within eighteen inches of a curb where parking is allowed;

(2)

In any bus stop zone;

(3)

So that any part of the sign extends into any bus stop zone or sidewalk area;

(4)

Within twenty feet of a driveway or curb cut access ramp;

(5)

On medians, street barricades or on any structure located within the unimproved portions of the public right-of-way which exists beyond any face of curb or future curb line;

(6)

Within twenty feet of any traffic-control sign or device installed by a public agency;

(7)

Along any state or county right-of-way; or

(8)

Within the Downtown Specific Plan overlay zone.

9.

Property Owner Consent.

a.

Signs may be placed on a park strip or behind the sidewalk only with the consent of the property owner and/or occupant of the parcel adjacent to the park strip or sidewalk where the sign is placed.

b.

The property owner and/or occupant of the parcel adjacent to the park strip or sidewalk where the sign is placed may remove signs at any time.

10.

Insurance. The applicant shall name the city as an additional insured in coverage amounts and types as required by the city risk manager.

11.

Indemnification. The applicant shall agree to defend, indemnify, and hold harmless the city and its officers, officials, agents, and employees from and against any and all liability, claims, demands, actions, losses, damages, injuries arising out of or in connection with the temporary park strip signs.

12.

Removal. The applicant shall agree to compensate the city to remove the signs if necessary for maintenance activities or to protect the public health, safety, and welfare.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2362, §§ 15, 16, 2-19-2025)

This section applies to all legally-established signs that do not conform to current requirements in this chapter.

A.

Continuation. A nonconforming sign may continue its use as a sign if it was legally established in compliance with all applicable regulations in effect at the time it was established. It is the applicant's responsibility to demonstrate that the sign was legally established.

B.

Allowed Changes.

1.

Changes to sign copy/face and repainting of legal nonconforming signs is permitted as long as there is no alteration to the physical structure or support elements of the sign.

2.

A legal-nonconforming sign that sustains less than fifty-percent damage to its structure may be repaired to its original pre-damaged condition, provided that such repair is completed within one hundred eighty days after the date of the damage.

C.

Required Compliance. A legal nonconforming sign shall be removed or brought into compliance with this chapter in the following situations:

1.

The use advertised by the sign has ceased to function for a period of 90 days or more.

2.

The sign has sustained at least fifty-percent damage to its structure.

3.

The sign is located on a remodeled building façade.

4.

The sign is relocated to a different lot or building.

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

A.

Illegal Signs. It is unlawful for any person to install, place, construct, repair, maintain, alter or move a sign in a manner that does not comply with the requirements of this chapter.

B.

Enforcement — General. The city shall enforce the requirements of this chapter and undertake legal action to correct violations in accordance with Chapter 18.120 (Enforcement) and Municipal Code Title 1 (General Provisions).

1.

The city may immediately remove or cause the removal of any sign that places the public in immediate peril or that is located within the public right-of-way.

2.

For illegal signs that do not place the public in immediate peril and are located on private property, the city shall serve the business owner, property owner, or person responsible for the sign a written certified notice that:

a.

Describes the physical characteristics of the subject sign.

b.

Explains the nature of the violation.

c.

States that the sign shall be removed or brought into compliance with this article within ten days after the notice is received.

d.

States that the city may remove the sign if the business owner, property owner, or person responsible for sign does not correct the violation within ten days after the notice is received.

e.

States that the city may destroy the illegal sign if it is not retrieved within ten days after removal by the city.

f.

States that the business owner, property owner, or person responsible for sign shall be responsible for all costs associated with the removal, storage, and destruction of the sign.

3.

If an illegal sign is not removed or brought into compliance within ten days after a notice is received, the city may issue a citation to the business owner, property owner, or person responsible for the sign as provided in Chapter 18.120 (Enforcement) and Municipal Code Title 1 (General Provisions) and may remove or cause the removal of the sign.

4.

Any accessory structures, foundations, or mounting materials which are unsightly or a danger to the public health, safety, and welfare shall be removed at the time of the sign removal.

D.

A sign removed by the city shall be stored for a minimum of thirty days. If the sign is not retrieved by the business owner or person responsible for the sign within this thirty-day period, the city may destroy the sign.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2362, § 17, 2-19-2025)

Chapter 18.92 - SUPPLEMENTAL STANDARDS

This chapter establishes supplemental standards that apply to specific land uses and development in all zoning districts.

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

A.

Purpose and Applicability. This section establishes standards for the location, approval, and operation of adult businesses as defined in Subsection C (Definitions) below.

B.

Exceptions. The following types of businesses are exempt from the requirements of this section:

1.

Therapeutic or Holistic Massage. Massage which is conducted by doctors, nurses, osteopaths or chiropractors, teachers, barbers, beauticians or by massage practitioners or employees as licensed by or otherwise exempted under Municipal Coder Chapter 5.32 (Massage Establishments).

2.

Medical or Psychological Therapies. The medical or psychological therapeutic activities of state-licensed doctors, psychologists, psychiatrists or marital or sexual therapists are exempt.

3.

Modeling or Theatrical Performances. Nude modeling done at infrequent intervals in connection with a college or art school, accredited by a nationally recognized accreditation organization, for students who have enrolled on a semester or quarterly basis with tuition is exempt. Occasional theatrical performances, either live or in motion picture theaters, in which nudity is incidental to the content of the presentation, are exempt.

4.

Incidental Sale or Rental of Merchandise. Businesses which incidentally sell or rent adult merchandise, involving less than twenty percent of the floor space of the establishment or less than twenty percent of the net receipts, whichever is greater, are exempt, providing that all other laws on obscenity and indecent behavior are complied with.

5.

Private Noncommercial Behavior. This title does not regulate the private behavior of adults, which is otherwise permitted by law, where there is no payment, gratuity, exchange of labor or goods, or other consideration of a transaction.

C.

Definitions.

1.

Adult Business. "Adult business" means a business which includes any of the following:

a.

Sells or rents items related to specified anatomical areas or specified sexual activities for over twenty percent of the year, and which items represent over twenty percent of the inventory or stock in trade or titles offered or floor space and/or over twenty percent of the net receipts of the business, whichever is greater.

b.

Depicts or projects still or moving photographs related to specified anatomical areas or specified sexual activities for over twenty percent of the year, which depiction or projection represents over twenty percent of the net receipts of the business.

c.

Provides live entertainment, massage or other service to patrons, regardless of percentage of net receipts or other measurement of share of the overall business, which is related to specified anatomical areas or specified sexual activities.

d.

"Adult businesses" include but are not limited to: adult bookstores, adult video stores, adult novelty stores, adult arcades, adult motels, adult theaters, adult entertainment enterprises, adult cabarets, escort agencies, massage parlors, nude modeling studios; or places which engage in or allow couch dancing, topless dancing, nude or semi-nude mud wrestling or similar businesses.

2.

Specified Anatomical Areas. "Specified anatomical areas" means and includes any of the following:

a.

Less than completely and opaquely covered human genitals, pubic region, anus or female breasts below a point immediately above the top of the areolae; or

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

3.

Specified Sexual Activities. "Specified sexual activities" means any of the following:

a.

The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts; or

b.

Sex acts, actual or simulated, including intercourse, oral copulation or sodomy; or

c.

Masturbation, actual or simulated;

d.

Human genitals in a state of sexual stimulation, arousal or tumescence; or

e.

Excretory functions as part of or in connection with any of the activities set forth in this section.

D.

Standards. All adult businesses shall comply with the following standards:

1.

Location.

a.

An adult business may be located no less than five hundred feet from a sensitive use or area.

b.

A sensitive use or area means any one the following:

(1)

A religious institution, on land leased or owned by any church, synagogue, mosque, temple or any school or meeting hall operated by such institution.

(2)

A public or private elementary, junior high or high school, preschool or child day care center.

(3)

A public park on which recreation games may be played, including lawn and parking areas, but excluding natural open space on slopes exceeding twenty percent.

(4)

A public assembly or public use civic building, including City Hall, the library and the post office, but excluding police and fire stations.

(5)

An area developed with or shown on the general plan land use map for future residential development.

(6)

A hospital except a veterinary hospital.

(7)

A freeway or arterial street identified in the general plan and which residential and visitor traffic uses to access other sensitive areas.

2.

Required Police Permit.

a.

All adult businesses shall receive and maintain approval a police permit pursuant to Municipal Code Section 5.60.010 (Police Permits).

b.

Adult businesses shall cease and desist operations within forty-eight hours of the city's denial or revocation of a police permit.

3.

Operational Standards. Adult businesses shall comply with all standards in Municipal Code Section 5.60.020 (Operational Standards).

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

18.92.030 - Convenience markets.

A.

Purpose. This section establishes standards for convenience markets in order to:

1.

Ensure the compatibility of convenience markets with neighboring commercial and residential land uses;

2.

Minimize potential negative impacts from convenience markets on adjacent land uses; and

3.

Require new convenience markets to incorporate crime prevention measures to protect the public health, safety, and welfare.

B.

Separation from Schools. A new convenience market shall be located a minimum of one thousand feet from the boundary of an existing school or a proposed school site as designated by the Morgan Hill Unified School District.

C.

Loiter Control.

1.

Public pay telephones on an exterior wall of the convenience market or anywhere on the site shall not allow incoming calls. Public telephones allowing incoming calls are allowed within the building interior.

2.

Video games may not be installed or operated on the premises of the convenience market.

3.

The police department may require additional loiter control measures as conditions of approval for the convenience market conditional use permit.

D.

Crime Prevention Measures.

1.

The exterior of the convenience market shall be illuminated during all hours of darkness during which the market is open for business. Exterior illumination shall allow law enforcement personnel to easily identify persons within front entry areas, adjacent public sidewalks, parking areas, throughways, and alleys under control by the convenience market. Illumination shall be located and designed to minimize interference with the quiet enjoyment of nearby residential properties.

2.

Commercial alarm systems and video security cameras shall be installed and maintained within the building to the specifications of the police department as required by the conditional use permit.

3.

The police department may require additional crime prevention measures as conditions of approval for the convenience market conditional use permit.

4.

Persons under the age of eighteen who are employed in a capacity which allows for selling of alcoholic beverages must be under the continual supervision of a person twenty-one years of age or older.

E.

Sale of Alcoholic Beverages.

No alcoholic beverages shall be displayed within ten feet of the cash register or front door unless located within a permanently affixed cooler.

2.

No display or sale of alcoholic beverages shall be made from an ice tub.

3.

No alcoholic beverage advertising shall be located on buildings or windows.

4.

Employees on duty between the hours of ten p.m. and two a.m. who sell beer or wine shall be at least twenty-one years of age.

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

18.92.031 - Liquor store.

A.

Purpose. This section establishes standards for liquor stores in order to:

1.

Ensure the compatibility, concentration of liquor stores with neighboring commercial and residential land uses;

2.

Minimize potential negative impacts from liquor stores on adjacent land uses; and

3.

Require new liquor stores to incorporate crime prevention measures to protect the public health, safety, and welfare.

B.

Separation Between Liquor Stores.

1.

A new liquor store shall be located a minimum of one thousand feet from an existing or approved liquor store except as allowed by subsection (2) below. The distance between liquor stores shall be measured as the straight-line distance between the exterior walls of the market structures.

2.

The city may allow exceptions to the separation requirement in subsection (1) above for one liquor store (regardless of size) per interchange on property adjacent to the interchange of Highway 101 and Dunne Avenue, Tennant Avenue, and Cochrane Road; and

C.

Separation from Schools. A new liquor store shall be located a minimum of one thousand feet from the boundary of an existing school or a proposed school site as designated by the Morgan Hill Unified School District.

D.

Loiter Control.

1.

Public pay telephones on an exterior wall of the liquor store or anywhere on the site shall not allow incoming calls. Public telephones allowing incoming calls are allowed within the building interior.

2.

Video games may not be installed or operated on the premises of the liquor store.

3.

The police department may require additional loiter control measures as conditions of approval for the liquor store conditional use permit.

E.

Crime Prevention Measures.

1.

The exterior of the liquor store shall be illuminated during all hours of darkness during which the market is open for business. Exterior illumination shall allow law enforcement personnel to easily identify persons within front entry areas, adjacent public sidewalks, parking areas, throughways, and alleys under control by the liquor store. Illumination shall be located and designed to minimize interference with the quiet enjoyment of nearby residential properties.

2.

Commercial alarm systems and video security cameras shall be installed and maintained within the building to the specifications of the police department as required by the conditional use permit.

3.

The police department may require additional crime prevention measures as conditions of approval for the liquor store conditional use permit.

Persons under the age of eighteen who are employed in a capacity which allows for selling of alcoholic beverages must be under the continual supervision of a person twenty-one years of age or older.

(Ord. No. 2310, § 3, 12-18-2019)

18.92.032 - Convenience markets with fuel and service stations.

A.

Purpose. This section establishes standards for convenience markets which also have fuel and service stations, as described in Section 18.124.040(Q)(1), in order to:

1.

Ensure the compatibility, concentration of convenience markets with fuel and service stations with neighboring commercial and residential land uses;

2.

Minimize potential negative impacts from convenience markets with fuel and service stations on adjacent land uses; and

3.

Require new convenience markets with fuel and service stations to incorporate crime prevention measures to protect the public health, safety, and welfare.

B.

Separation from Schools. A new convenience market shall be located a minimum of one thousand feet from the boundary of an existing school or a proposed school site as designated by the Morgan Hill Unified School District.

C.

Restrooms. Convenience markets which also sell automotive fuels shall provide the following additional services without charge:

1.

One restroom for women and one restroom for men available to customers and employees. If restroom entrances open directly to the outside of the building, the restroom entrances shall be screened from public view and shall comply with the lighting and crime prevention measures in subsection (E) of this section.

2.

Hoses conveying air and water for the service of automotive vehicles available for public uses in locations approved by the development services department.

D.

Loiter Control.

1.

Public pay telephones on an exterior wall of the convenience market fuel and service stations or anywhere on the site shall not allow incoming calls. Public telephones allowing incoming calls are allowed within the building interior.

2.

Video games may not be installed or operated on the premises of the convenience market with fuel and service stations.

3.

The police department may require additional loiter control measures as conditions of approval for the convenience market with fuel and service stations conditional use permit.

E.

Crime Prevention Measures.

1.

The exterior of the convenience market with fuel and service stations shall be illuminated during all hours of darkness during which the market is open for business. Exterior illumination shall allow law enforcement personnel to easily identify persons within front entry areas, adjacent public sidewalks, parking areas, throughways, and alleys under control by the convenience market. Illumination shall be located and designed to minimize interference with the quiet enjoyment of nearby residential properties.

2.

Commercial alarm systems and video security cameras shall be installed and maintained within the building to the specifications of the police department as required by the conditional use permit.

3.

The police department may require additional crime prevention measures as conditions of approval for the convenience market with fuel and service stations conditional use permit.

4.

Persons under the age of eighteen who are employed in a capacity which allows for selling of alcoholic beverages must be under the continual supervision of a person twenty-one years of age or older.

F.

Concurrent Sale of Alcoholic Beverages and Automotive Fuels. If concurrent sale of alcoholic beverages and automotive fuels are proposed in conjunction with the convenience market with fuel and service

stations use, the following additional requirements shall apply as specified in Section 23790.5 of the Business and Professions Code:

1.

No alcoholic beverages shall be displayed within ten feet of the cash register or front door unless located within a permanently affixed cooler.

2.

No display or sale of alcoholic beverages shall be made from an ice tub.

3.

No alcoholic beverage advertising shall be located on fuel pump islands and no self-illuminated advertising for alcoholic beverages shall be located on buildings or windows.

4.

Employees on duty between the hours of ten p.m. and two a.m. who sell beer or wine shall be at least twenty-one years of age.

G.

A liquor store with a fuel and service station is not a permitted use.

H.

Parking.

1.

For convenience markets permitted prior to January 1, 2019, the planning commission may consider a reduction in on-site parking as set forth in subsection 18.72.060(K) Any reductions in on-site parking requires planning commission approval through a conditional use permit.

(Ord. No. 2310, § 3, 12-18-2019)

18.92.040 - Drive-through facilities.

A.

Purpose. This section establishes standards for drive-through facilities to ensure adequate circulation of vehicles entering and exiting the facility and to protect pedestrian safety within the vicinity of the facility.

B.

Drive-Through Lane Capacity. Drive-through lanes for fast food restaurants shall have a capacity for at least eight vehicles, at twenty feet per vehicle. Drive-through lane capacity for other types of drive-through establishment uses will be determined by the planning commission through the conditional use permit process based on appropriate traffic engineering criteria and addressing the following issues:

1.

Nature of the product or services being offered;

2.

Method by which the order is processed;

3.

Time required to serve a typical customer;

4.

Arrival rate of customers; and

5.

Peak demand hours.

C.

Drive-Through Lane Separation. Drive-through lanes shall be separate from the circulation lanes necessary for entering and exiting the property and providing access to parking.

D.

Pedestrian Access. Pedestrian access routes shall not cross a drive-through lane within the minimum stacking space distance as provided under subsection A above.

E.

Drive-Through Lane Setback from Intersection. Vehicular entrance or exit to a drive-through establishment shall be setback from the nearest public street intersection as shown in Table 18.92-1:

Table 18.92-1: Drive-Through Lane Setback from Intersection

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

A.

Purpose. The purpose of this section is to comply with State Government Code Section 65583(a)(4), which requires that emergency shelters be permitted by-right in at least one zone with sufficient capacity to accommodate the local need for emergency shelter.

B.

Applicability. Standards for emergency shelters contained in this section apply to all emergency shelters where permitted by this title.

C.

Minimum Performance Standards.

1.

The number of beds shall be limited to thirty.

2.

The size of outdoor waiting areas shall be sufficient to accommodate the expected number of clients without infringing upon the public right-of-way.

3.

On-site management shall be provided during the hours that the emergency shelter is in operation.

4.

An emergency shelter shall be located at least three hundred feet from other emergency shelters.

5.

The length of stay at any emergency shelter shall not exceed ninety days, unless the management plan provides for longer residency by those enrolled and regularly participating in a training or rehabilitation program.

6.

Exterior lighting of the property shall be designed to provide a minimum maintained horizontal illumination of at least one foot candle of light on parking surfaces and walkways that serve the facility.

7.

Security shall be provided during the hours that the emergency shelter is in operation.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2352, § 14, 4-24-2024)

18.92.060 - Home occupations.

A.

Purpose. This section establishes standards for home occupations and cottage food operations to allow residents to conduct business and employment activities in their home in a manner compatible with a residential setting.

B.

Permit Required.

1.

A zoning clearance is required for all home occupations.

2.

A zoning clearance for a home occupation is valid only for the original permit holder and may not be transferred to a new resident in the dwelling unit who replaces the original permit holder.

C.

Business License. All persons conducting a home occupation shall obtain a Morgan Hill business license and pay the required license tax in accordance with Municipal Code Chapter 5.04 (Business Taxes, Licenses, and Regulations).

D.

Standards. All home occupations shall comply with the following standards:

1.

Size. Home occupations may not occupy more than twenty-five percent of the floor area of the dwelling unit or four hundred square feet, whichever is less.

2.

Employees. Employees of a home occupation shall be limited to the persons residing in the dwelling unit. The planning commission may allow a home occupation with up to two employees not residing in the dwelling unit with the approval of a conditional use permit.

3.

Outdoor Storage Prohibited. Goods, equipment, and materials associated with a home occupation shall be stored within an enclosed structure or in a manner that is not visible from the property line.

4.

Hazardous Materials Prohibited. The storage of flammable, combustible, or explosive materials is prohibited.

5.

Performance Standards. Home occupations shall not generate dust, odors, noise, vibration, or electrical interference or fluctuation that is perceptible beyond the property line.

6.

Residential Appearance. The appearance of the dwelling shall not be altered, nor shall the home occupation be conducted in such a manner that it may be reasonably recognized as serving a nonresidential use, either by color, materials, construction, lighting, signs, sounds, odors, or vibrations.

7.

On-Site Client Contact. No more than one client/customer at the property at one time. Customer or client visits are limited to three per day, or six per day for personal instruction services (e.g., musical instruction or training, art lessons, academic tutoring).

8.

Signs. Signs or displays used to identify the home occupation are prohibited.

9.

Licenses and Registrations. Persons conducting home occupation shall obtain all applicable licenses and registrations required by local, state, and federal law.

10.

Vehicle Traffic. Home occupations may not generate more than twenty vehicle trips per day. A round trip to and from the residence is one vehicle trip and multiple trips by the same vehicle shall count towards the maximum amount. Vehicle trips include trips by customers, vendors, delivery services or any other vehicle associated with the home occupation. A home occupation that requires marketing meetings or gatherings may exceed the maximum vehicle trips on two occasions per month.

11.

Business Vehicles. No more than two vehicles used in the operation of the home occupation may be kept, garaged or parked on the property associated with the home occupation or any adjacent residentially zoned area.

12.

Nonresident Employee Vehicles. Nonresident employee vehicles associated with the home occupation may not be kept, garaged or parked on the property or any adjacent residentially zoned area.

E.

Cottage Food Operations. Cottage food operations (CFO) as defined in Assembly Bill No. 1616 - Chapter 415, Chapter 6.1 Section 51035 to Part 1 of Division 1 of Title 5 of the Government Code is a permitted home occupation subject to the following requirements:

1.

The cottage food operation shall comply with Chapter 18.76 (Performance Standards).

2.

The use of any commercial equipment as listed in the California Mechanical Code is prohibited.

3.

The cottage food operation shall comply with California Department of Public Health regulations, including:

a.

Cottage food operations overview;

b.

Registration and permit requirements; and

c.

Approved cottage foods list.

4.

All cottage food operations shall be registered or permitted by Santa Clara County Department of Environmental Health before commencing business.

a.

"Class A" cottage food operations must submit a completed self-certification checklist approved by the local environmental health agency when they submit their registration application.

b.

"Class B" operations must submit a permit application and be inspected prior to obtaining a permit from the local environmental health agency.

5.

The cottage food operation must provide the city with a copy of approved county registration application before a business license or zoning clearance will be issued.

F.

Prohibited Home Occupations. The following uses are prohibited as home occupations:

1.

Medical offices and clinics.

2.

Schools.

3.

Animal boarding.

4.

Restaurants.

5.

Retail involving on-site sales.

6.

Vehicle-related uses, including vehicle repair and maintenance and vehicle washing

7.

Construction and material yards.

8.

Other similar uses as determined by the community development director.

G.

Violations and Enforcement. The zoning clearance for a home occupation that violates any of the standards in Subsection D (Standards) above may be revoked in accordance with Chapter 18.120 (Enforcement) and the city may abate the violation according to the procedures in municipal code Chapter 1.18 (Administrative Citations and Fines).

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

18.92.070 - Interim uses in the MU-D and MU-F zoning districts.

A.

Purpose. This section establishes a process to allow interim non-profit uses in the Downtown Mixed Use (MU-D) and Mixed Use Flex (MU-F) zoning districts to defer on-site improvements.

B.

Permit Required. Eligible uses which defer of on-site improvements as allowed by this section require planning commission approval of a conditional use permit.

C.

Eligible Interim Uses. Non-profit entities that engage in uses permitted or conditionally permitted in the MUD and MU-F zoning districts may request a deferment of on-site improvements as allowed by this section.

D.

Improvements Eligible for Deferment.

1.

The city may allow eligible interim uses to defer physical on-site improvements if such deferment would not adversely impact the public health, safety or welfare and would not violate any requirement of state or federal law.

2.

Development impact fees may not be deferred or waived under this section.

E.

Application - General. A conditional use permit application for an interim use shall be submitted and reviewed by the city in accordance with Chapter 18.104 (Common Permit Requirements) and Section 18.108.030 (Conditional Use Permits).

F.

Application Submittal Requirements. In addition to application materials required by the development services department for the conditional use permit, applications for an interim use shall also contain the following information and materials:

1.

A detailed list of required on-site improvements, the estimated cost of each improvement, the improvements requested to be deferred, and the impact on health and safety from the deferral of improvements.

2.

Statement of proposed operations, including but not limited to:

a.

A general overview of services to be provided and staffing;

b.

The expected time for provision of such services;

c.

Expected vehicle and pedestrian traffic generated by the operation; and

d.

The expected use of hazardous materials, if any.

3.

A copy of the lease and all attached documents.

4.

A plan for exiting the site, including but not limited to:

a.

A timeline for purchase and/or lease of a permanent site;

b.

Relocation funding sources; and

c.

Plans for moving operations to an alternate site, including personnel responsible for administering the move.

5.

Other information as required by the development services department to evaluate the application.

G.

Findings. To approve the interim use, the planning commission must make all of the findings for approval in Section 18.108.030 (Conditional Use Permits) plus the following additional findings:

1.

The use will not adversely impact nearby property values.

2.

The applicant has submitted a viable exist plan for future relocation to an alternative site.

3.

The use will comply with minimum required on-site safety standards to protect the public health, safety, and welfare.

The use will provide a public benefit to the community.

H.

Performance Bond. The planning commission may require the applicant to submit a performance guarantee in compliance with Section 18.104.190 (Performance Guarantees) to ensure the future restoration and cleanup of the site.

I.

Annual Review. Within one year of approval and one year thereafter, the permit holder shall provide a written report on the status of the use and plans to relocate to an alternative permanent location. The community development director shall review each written report and verify compliance with the conditional use permit and conditions of approval.

J.

Violations. The permit holder shall correct any violations of conditional use permit or conditions of approval within 30 days of receiving notice of violation. The city may revoke the conditional use permit in accordance with Section 18.104.240 (Permit Revocation) if the permit holder does not correct the violation.

K.

Permit Duration. The conditional use permit for the interim use shall expire whenever the non-profit ceases operations, moves from the site, or three years after initial approval, whichever occurs first. Conditional use permits for interim uses may not be renewed or extended.

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

18.92.080 - Intersection sight distance.

A.

Clear Vision Triangle Required. In zoning districts which require a front and street side setback for primary structures, all corner parcels shall provide and maintain a clear vision triangle at the intersection of the streets' right-of-way for the purpose of traffic safety.

B.

Clear Vision Triangle Defined. The intersection clear vision triangle shall be the area formed by measuring twenty feet along two intersecting streets from the point of intersection, and diagonally connecting the ends of the two lines. See Figure 18.92-1.

Figure 18.92-1: Vision Triangle

==> picture [312 x 177] intentionally omitted <==

C.

Maintenance of Sight Lines.

1.

No structure, vehicle, object, or landscaping over three feet in height may be placed within a clear vision triangle, except as allowed by subsection 2 below.

2.

Trees pruned at least eight feet above the established grade of the curb so as to provide clear view by motor vehicle drivers are permitted within a clear vision triangle.

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

18.92.090 - Marijuana.

Marijuana cultivation, marijuana delivery, and marijuana distribution facilities, as defined in Chapter 9.16 (Marijuana), are prohibited uses in all zoning districts in the city of Morgan Hill.

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

18.92.100 - Mini-storage.

A.

Purpose. This section establishes standards for mini-storage facilities that apply to all mini-storage facilities where permitted by Part 2 (Zoning Districts and Overlay Zones).

B.

Minimum Separation

1.

A mini-storage facility established after July 7, 2018, must be located a minimum of five thousand feet from another mini-storage facility.

2.

The distance between two mini-storage facilities shall be measured as the shortest possible straight line connecting each facility's exterior property line.

C.

Permitted Storage. Storage shall be limited to "dead storage" only. Dead storage means goods that are not radioactive, explosive, flammable or hazardous materials, that are not living plants or animals, that are not in use and not associated with any commercial use on the premises.

D.

On-Site Supervision. All mini-storage facilities shall have adequate on-site supervision as determined by the review authority.

E.

Controlled Access. All mini-storage facilities shall provide controlled access through the use of a security gate that is operated by a passcard system or by a manager.

F.

Caretakers Units. Caretakers units may be allowed with the approval of a Conditional Use Permit.

G.

Maximum Size — Individual Units. Individual storage unit may not exceed six hundred square feet in area.

H.

Outdoor Vehicle Storage. Outdoor storage of vehicles including cars, boats, motor homes, travel trailers, motorcycles, all-terrain and off-road vehicles is allowed in designated areas only. Designated areas shall be adequately screened from public view, shall be fenced and secured under lock and key.

I.

Prohibited Activities.

1.

The servicing of equipment or vehicles and the operating of power tools is prohibited.

2.

The use of a mini-storage facility for flea markets, commercial storage, transfer business, auctions or sales of any type is prohibited with the exception of on-site auction of unclaimed or confiscated goods from onsite storage lockers no more than three times per year, per facility.

J.

Vehicle Circulation.

1.

The minimum distance between the entrances of drive-up storage units on opposite sides of the same drive aisle way shall be twenty-six feet.

2.

Walk-up indoor storage units which do not open directly onto a drive aisle shall be located within one hundred feet of a twenty-six-foot wide drive aisle.

3.

The minimum distance between walk-up storage buildings shall be ten feet.

4.

Vehicular access between walk-up buildings shall be prohibited except in cases where a standard twentysix-foot wide drive aisle is provided between buildings.

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

All development shall be setback from natural resources and hazards as shown in Table 18.92-2.

Table 18.92-2: Setbacks from Natural Resources and Hazards

Note:

[1] See Santa Clara Valley Habitat Plan Chapter 6, Section 6.5, Condition 11.

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

A.

Permitted Displays. A single permanent outdoor display of retail goods that complies with this section is permitted as an accessory use to a primary commercial use in the mixed use, commercial, and industrial zoning districts.

B.

Permits Required. Approval of a zoning clearance is required for a permanent outdoor display consistent with the standards in Subsection D (Standards).

C.

Exceptions to Standards. The planning commission may allow outdoor displays that deviate from the standards in Subsection D below for with approval of a conditional use permit.

D.

Standards.

1.

Height. Displayed items shall not exceed six feet in height.

2.

Size. Display areas are limited to eight feet wide or ten percent of the width of the front building elevation. A display area may extend a maximum of three feet from the front building wall.

3.

Goods Permitted. Displayed items shall be of the same type that are lawfully displayed and sold inside the building occupied by the primary commercial use. Only the business or entity occupying the building may sell merchandise in an outdoor display area.

4.

Hours. Items shall be displayed only during the operating hours of the primary commercial use. Items shall be removed from display and moved into a permanently enclosed structure upon close of business.

5.

Screening. If outdoor display areas are proposed as part of a project subject to discretionary review and approval by the City, the review authority may require that display areas be screened from view from neighboring properties with a solid wall, fence, or landscaped berm.

Design Standards.

a.

Outdoor displays shall be self-supporting, stable, and constructed to withstand wind or contact. The display shall not be permanently affixed to any object, structure or the ground including utility poles, light poles, and trees.

b.

Outdoor displays shall be continuously maintained in a state of order, security, safety and repair. The display surface shall be kept clean, neatly painted, and free of rust, corrosion, protruding tacks, nails and/or wires.

7.

Location.

a.

All outdoor display area shall be located on the same parcel as the primary commercial use.

b.

Outdoor display areas may not be placed within any permanent landscaped area, required parking space, or loading area.

c.

No items may be displayed within the public right-of-way, including public sidewalks.

d.

Outdoor display areas may not be placed in a location that would cause a safety hazard, obstruct the entrance to a building, encroach upon driveways, or otherwise create hazards for pedestrian or vehicle traffic.

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

A.

Purpose. This section establishes refuse and recycling enclosure design and access standards to adequately screen refuse and recycling bins and prevent pollutant discharge for non-residential and residential uses.

B.

Applicability. Refuse and Recycling Enclosures are required for the following:

New non-residential structures.

2.

An addition to a non-residential building which exceeds thirty percent of the existing floor area of the building(s) on a site.

3.

When there is a change of use.

4.

New residential projects proposing refuse and recycling enclosures.

C.

Development Standards for Refuse and Recycling Enclosures.

1.

Refuse and Recycling Enclosures shall be a minimum of twelve-feet wide by nine-feet deep to contain a minimum of three collection containers (solid waste, organic materials, and recycling) and other bins that may be required per the business type as reviewed and approved by the City's franchised waste hauler.

2.

Enclosure shall be separated from adjacent parking stalls with a minimum three-foot wide planter and a twelve-inch wide paved surface behind the curb.

3.

Enclosure walls shall be a minimum of six-feet in height.

4.

A 12-inch curb, bumper, or other method shall be incorporated along interior base to prevent dumpster from hitting the sides of the enclosure.

5.

Enclosure shall have a solid all-weather non-combustible roof structure to prevent storm water from entering the enclosure's contents and the sanitary sewer system.

6.

An area drain with hose bib and approved vandal proof drain shall be installed and plumbed to the sanitary sewer system with a grease trap.

Enclosure pad shall be designed to drain inward, and the outside grade surrounding the enclosure shall not drain into the enclosure.

8.

A pedestrian entrance to the enclosure shall be provided.

9.

Bin gates shall be attached to separate metal poles and have the ability to be locked. Bin gates shall not be connected directly to the enclosure wall.

10.

The pad and entrance apron of the enclosure shall be concrete.

D.

Design Standards.

1.

Enclosures shall be designed with the same materials, colors, and architecture as the principal building.

2.

Enclosure walls shall be constructed of a solid masonry material and finished to match the building materials of the principal building.

3.

Enclosures shall include solid view-obstructing gates. Chain link with or without wooden/plastic slats is prohibited.

4.

The roof of the enclosure shall consist of the same materials, colors, and architecture as the principal building and shall be painted with rust-inhibitive paint.

E.

Enclosure Location.

1.

Enclosures shall not be visible from public rights-of-way or primary entry driveways and shall be screened from public view.

Landscaped planters utilized for screening shall incorporate a minimum three-foot wide planter on the sides and rear of the enclosure.

3.

Enclosures shall be connected to an accessible route for service vehicles.

4.

Non-Residential enclosures shall be located a minimum of fifteen-feet away from adjacent properties zoned for residential uses.

F.

Temporary Conformance for Non-conforming Enclosures. Existing enclosures that do not meet the minimum size requirements or the number of bins required in Section 18.92.125.C. shall install a temporary bin or bins outside of the existing non-conforming enclosure. The temporary bin(s) shall:

1.

Have a secured and lockable lid.

2.

Be secured to the existing enclosure, building, or ground to prevent free movement and possible damage to adjacent structures or automobiles.

3.

Be kept clean.

4.

The area around the temporary bin(s) be kept free and clear of garbage debris and/or spillage.

5.

Shall not create objectionable odors consistent with Section 18.76.100 (Odors).

If temporary conformance standards outlined in 18.92.125.F cannot be met, compliance with Section 18.92.125.C, 18.92.125.D, and 18.92.125.E is required.

G.

All non-conforming and temporarily conforming refuse and recycling enclosures shall conform with Sections 18.92.125.C, 18.92.125.D, and 18.92.125.E by January 1, 2030.

(Ord. No. 2328 N.S., § 2, 12-15-2021)

A.

Purpose. This section establishes increased setback, height, and landscaping standards for non-residential land uses that abut residential properties.

B.

Applicability. The standards in this section apply to all properties in a mixed use, commercial, or industrial zoning district that abut a residential zoning district or land use.

C.

Standards.

1.

Setbacks. The minimum setback from the residential property line shall be fifteen feet for interior side yards, twenty feet for rear yards, and twenty feet for any property line abutting a residential rear yard.

2.

Daylight Plane. No structure shall extend above or beyond a daylight plane having a height of twenty-five feet at the minimum required setback from the residential property line and extending into the parcel at an angle of forty-five degrees. See Figure 18.92-2.

3.

Landscaping. A landscaped planting area, extending a minimum of ten feet from the property line, shall be provided along all residential property lines. A tree screen shall be planted in this area with trees planted at a maximum interval of fifteen feet. The planning commission may allow a greater interval distance for tree species that will provide an adequate buffer and visual screen at maturity.

4.

Loading. Loading and unloading shall be designed to have the least amount of impact on neighboring residential uses. When feasible, loading and unloading provided from the commercial frontage rather than from areas adjacent residential uses.

Figure 18.92-2: Residential Transitions — Daylight Plane

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

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2341 N.S., § 12, 2-15-2023)

A.

Required Permits. Rooftop solar energy systems are a permitted use in all zoning districts. No permit or approval other than a building permit is required.

B.

Height Exceptions. Rooftop solar energy systems may project up to four feet above the maximum permitted structure height in the applicable zoning district.

C.

Building Permit Review and Approval — Rooftop Systems. Building permit applications for rooftop solar energy systems shall be reviewed and approved in compliance with Government Code Section 65850.5. Applications shall be submitted using the city's standard building permit application form.

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

18.92.150 - Temporary uses and structures.

A.

Purpose. This section establishes requirements for the establishment and operation of temporary uses and structures. These requirements allow for temporary uses and structures in Morgan Hill while limiting impacts on neighboring properties and the general public.

B.

Temporary Uses Allowed By-Right. The following temporary uses are permitted by right. No permits or approvals from the development services department are required.

1.

Garage Sales. Garage sales for individual residences limited to three, one- to two-day events per calendar year. One block or neighborhood sale per calendar year is allowed in addition to individual sales.

2.

Storage Containers. Storage containers delivered to a home, loaded by residents, and delivered to another location, for a maximum of two weeks on private property. Storage containers on a residential property for more than two weeks may be approved by the community development director with a temporary use permit.

3.

Outdoor Fund Raising Events. Outdoor fund raising events on commercial sites when sponsored by a nonprofit organization directly engaged in civic or charitable efforts. Outdoor fund raising events with property owner permission are limited to two days each month for each sponsoring organization.

4.

Construction Trailers. A trailer or modular unit on an active construction site in a non-residential zone limited to an eighteen-month period, subject to the following requirements:

a.

The trailer or modular unit may be used for security personnel, storage, office, residence of the property owner, or other similar temporary use.

b.

The trailer or modular unit may be installed only after issuance of a Building Permit.

c.

Trailers or modular units may not exceed a maximum size of six hundred fifty square feet and shall be placed on the site in compliance with the setback requirements of the applicable zone.

C.

Temporary Uses Requiring a Temporary Use Permit. A temporary use permit is required for the following temporary uses.

1.

Parking Lot/Sidewalk Sales. Parking lot/sidewalk sales limited to seven days in any one hundred eighty-day period, subject to the following requirements:

a.

The business or entity conducting a parking lot/sidewalk sale shall obtain a Morgan Hill business license at least fourteen days prior to the start of the sale.

b.

Prior to issuance of a temporary use permit, an application for a temporary seller's permit shall be filed with the state of California Board of Equalization stating that the sales will occur in Morgan Hill.

c.

Prior to issuance of a temporary use permit, the applicant shall provide a cash deposit to the development services department in an amount necessary to ensure the parking lot is returned to a clean and debris-free state.

2.

Arts and Crafts Shows. Arts and crafts shows limited to seven days within any one hundred eighty-day period

3.

Holiday Sales. Holiday sales (e.g., Christmas trees, pumpkins) for a maximum of forty-five calendar days, no more than four times per year on a single property. Seasonal sales are prohibited on residentially zoned property.

4.

Seasonal Sale of Agricultural Goods. Seasonal sale of agricultural goods limited to ninety days per calendar year, not to exceed thirty consecutive days.

5.

Traveling Amusements. Traveling amusements (e.g., carnivals, rodeos) limited to fifteen consecutive days or three weekends in any one hundred eighty-day period, subject to the following requirements:

a.

Traveling amusement uses shall be setback a minimum of one hundred feet from any residential zone or use.

b.

Rest room facilities shall be provided.

c.

All lighting shall be directed away from adjacent properties and public rights-of-way.

d.

Noise attenuation for generators and carnival rides shall be provided to the satisfaction of the community development director.

Sales or Leasing Offices. Leasing offices for commercial and industrial projects for a two-year period or thirty days after the final sale or lease, whichever comes first, subject to the following requirements:

a.

The sales or leasing office shall be located in a trailer or tenant space. The sales or leasing office may be used only for sales or leasing activities for the project where the office is located. All other uses are prohibited.

b.

Street improvements and temporary off-street parking at a rate of four spaces per office shall be installed prior to the start of sales or leasing activities.

c.

A cash deposit of one thousand dollars shall be posted for sales or leasing offices. The office and all related improvements shall be removed within thirty days of the final sale or lease.

d.

Flags or banners in conjunction with the sales or leasing office are prohibited.

7.

Promotional Sales. Promotional sales and retail sales of items not typically sold from premises limited to twenty-four days per calendar year. Such uses must locate upon developed commercial property with approval of property owner.

8.

Other Similar Activities. Similar temporary activities determined by the community development director to be compatible with the applicable zoning district and surrounding uses.

D.

Conditions of Approval. The community development director shall attach conditions of approval to a temporary use permit in accordance with Section 18.108.G (Conditions of Approval) to ensure compatibility of the temporary use with neighboring uses and development.

E.

Temporary Signage. Signs associated with a temporary use shall comply with Section 18.88.120 (Temporary Signs).

F.

Events on Public Property. Temporary uses and events on public property shall conform to Chapter 12.16 (Events on Public Property).

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

In all zoning districts, existing natural vegetation shall be retained and protected to the maximum extent feasible as part of any development project.

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

Chapter 18.96 - WIRELESS COMMUNICATIONS FACILITIES

A.

Purpose. This chapter establishes standards for the installation, modification, and operation of wireless communications facilities. These standards aim to protect public health, safety, and welfare while balancing the benefits of robust wireless services with the unique community character, aesthetics and local values of Morgan Hill.

B.

Legislative Intent. This chapter does not intend to, and shall not be interpreted or applied to:

1.

Prohibit or effectively prohibit personal wireless services;

2.

Unreasonably discriminate among providers of functionally equivalent personal wireless services;

3.

Regulate the installation, operation, collocation, modification or removal of wireless facilities on the basis of the environmental effects of radio frequency (RF) emissions to the extent that such emissions comply with all applicable Federal Communications Commission (FCC) regulations;

4.

Prohibit or effectively prohibit any collocation or modification that the City may not deny under state or federal law; or

5.

Preempt any applicable state or federal law.

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

A.

Terms Defined. Terms used in this chapter are defined as follows:

1.

"Amateur radio facilities" are antennas and related equipment for the purpose of self-training, intercommunication, or technical investigations carried out by an amateur radio operator who operates without commercial interest, and who holds a written authorization from the Federal Communications Commission to operate an amateur radio facility.

2.

"Antenna" means a device or system of wires, poles, rods, dishes, discs, or similar devices used to transmit and/or receive radio or electromagnetic waves.

3.

"Applicable FCC decisions" means the same as defined by California Government Code Section 65964.1(d)(1), as may be amended, which defines that term as "In re Petition for Declaratory Ruling, 24 FCC Rcd. 13994 (2009) and In the Matter of Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies, Report and Order, 29 FCC Rcd. 12865 (2014)."

4.

"Array" means one or more antennas mounted at approximately the same level above ground on tower or base station.

5.

"Base station" means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(1), as may be amended, which defines that term as a structure or equipment that enables wireless communications between user equipment and a communications network. Examples include wireless facilities mounted on a building or façade, ground-mounted equipment, facilities mounted to a utility pole or light standard, radio transceivers, antennas, coaxial or fiber-optic cable, power supplies, and comparable equipment regardless of technological configuration (including distributed antenna systems (DAS) and small-cell networks). The term does not include "towers" or tower-mounted equipment as defined below.

6.

"Collocation" means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(2), as may be amended, which defines that term as "[t]he mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes." As an illustration and not a limitation, the FCC's definition effectively means "to add" new equipment to an existing facility and does not necessarily refer to more than one wireless facility installed at a single site.

7.

"Distributed Antenna System" or "DAS" means a network of one or more antennas and related fiber optic nodes typically mounted to or located on streetlight poles, utility poles, sporting venues, arenas or

convention centers which provide access and signal transfer for wireless service providers. A distributed antenna system also includes the equipment location, sometimes called a "hub" or "hotel" where the DAS network is interconnected with one or more wireless service provider's facilities to provide the signal transfer services.

8.

"Eligible facilities request." See Section 18.96.060.B (Eligible Facilities Request Defined).

9.

"Eligible support structure" means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)4), as may be amended, which defines that term as "[a]ny tower or base station as defined in [47 C.F.R. Section 1.40001], provided that it is existing at the time the relevant application is filed with the state or local government under [47 C.F.R. Section 1.40001]."

10.

"Existing" means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(5), as may be amended, which provides that "[a] constructed tower or base station is existing for purposes of the [FCC rules implementing Section 6409 of the Spectrum Act] if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition."

11.

"FCC" means the Federal Communications Commission or its successor agency.

12.

"Personal wireless services" has the same meaning as provided in 47 U.S.C. Section 332(c)(7)(C)(i), as may be amended, which defines the term as "commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services."

13.

"Facility" means a "wireless communication facility" as defined in this chapter.

14.

"Micro wireless facility" means a wireless communication facility that is no larger than twenty-four inches in length, fifteen inches in width, twelve inches in height, and that has an exterior antenna, if any, no longer than eleven inches.

15.

"Monopole" means a single freestanding non-lattice, tubular tower that is not camouflaged and that is used to act as or support an antenna or antenna arrays.

"Radio Frequency (RF) Emissions" means electromagnetic radiation in the portion of the spectrum from three kilohertz to three hundred gigahertz.

17.

"Section 6409(a)" means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. Section 1455(a), as may be amended.

18.

"Section 6409(a) Modification" means any eligible facilities request that does not cause a substantial change and submitted for approval pursuant to Section 6409(a) and the FCC's regulations at 47 C.F.R. § 1.40001 et seq.

19.

"Service provider" means a wireless communications provider, company or organization, or the agent of a company or organization that provides wireless communications services.

20.

"Significant gap" is a gap in the service provider's own wireless telecommunications facilities, as defined in federal case law interpretations of the Federal Telecommunications Act of 1996.

21.

"Site" means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(6), as may be amended, which provides that "[f]or towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground."

22.

"Substantial change." See Section 18.96.060.C (Substantial Change Defined).

23.

"Tower" means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(9), as may be amended, which defines that term as "[a]ny structure built for the sole or primary purpose of supporting any [FCC]licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site." Examples include, but are not limited to, monopoles, mono-trees, and lattice towers.

24.

"Transmission equipment" means the same as defined by the FCC in 47 C.F.R. Section 140001(b)(8), as may be amended, which defines that term as "[e]quipment that facilitates transmission for any [FCC]licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul."

25.

"Wireless" means any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.

26.

"Wireless communications facility" is a facility that sends and/or receives radio frequency signals, AM/FM, microwave, and/or electromagnetic waves for the purpose of providing voice, data, images or other information, including, but not limited to, cellular and/or digital telephone service, personal communications services, and paging services. Wireless communications facilities include antennas and all other types of

equipment for the transmission or receipt of such signals; towers or similar structures built to support such equipment; equipment cabinets, base stations, and other accessory development; and screening and concealment elements. (Also referred to as "facility" and "wireless facility").

27.

"Wireless communications provider" is any company or organization that provides or who represents a company or organization that provides wireless communications services. (Also referred to as "service provider").

B.

Terms Not Defined. Terms not defined in this section shall be interpreted so as to give this chapter its most reasonable meaning and application.

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

A.

Applicability. This chapter applies to all new and modified wireless communication facilities unless exempted by Subsection B below.

B.

Exemptions. This chapter does not apply to:

1.

Amateur radio facilities;

2.

Direct-to-home satellite dishes, TV antennas, wireless cable antennas, and other antennas covered by the over-the-air reception devices (OTARD) rule in 47 Code of Federal Regulations (C.F.R.) Section 1.4000 et seq.;

3.

Non-commercial wireless communications facilities owned and operated by a public agency; and

4.

All antennas and wireless facilities identified by the FCC or the California Public Utilities Commission (CPUC) as exempt from local regulations.

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

18.96.040 - Required permits.

A.

Conditional Use Permit. Planning commission approval of a conditional use permit is required for all new facilities and modifications outside the public right-of-way, except for facilities requiring an administrative use permit or a Section 6409(a) Permit as identified below.

B.

Administrative Use Permit. Community development director approval of an administrative use permit is required for the following facilities:

1.

A collocation to an existing facility that is not eligible for a Section 6409(a) permit.

2.

A modification to an eligible support structure that is not eligible for a Section 6409(a) permit.

3.

Building- and facade-mounted facilities in a non-residential zoning district where the facility is completely concealed from public view and architecturally integrated into the existing support structure.

4.

A micro wireless facility in a non-residential zoning district.

C.

Section 6409(a) Permit. Modifications to an existing facility that do not result in a substantial change as defined by FCC regulations may be eligible for a Section 6409(a) permit. See Section 18.96.060 (Section

6409(a) Modifications).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2301, N.S., § 1, 4-17-2019)

18.96.050 - Application submittal and review; post-approval permit requirements.

A.

Application — General. An application for a proposed wireless communications facility shall be filed and reviewed in compliance with Chapter 18.104 (Common Permit Requirements) unless otherwise specified in this chapter.

B.

Application Contents. The application shall include the information required by the development services department with all required application fees. The project applicant may be required to submit some or all of the following information, depending on the scope of the proposed project and as determined by the development services department.

1.

Statement of Purpose. A written statement that includes:

a.

A description of the technical objectives to be achieved;

b.

An annotated topographical map that identifies the targeted service area to be benefitted;

c.

The estimated number of potentially affected users in the targeted service area; and

d.

A full-color signal propagation maps with objective units of signal strength measurement that show the applicant's current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed site without all adjacent sites.

e.

A description of how the design may promote shared use by different carriers, if applicable.

f.

A description of how the design may consolidate future planned facilities, if applicable.

Site Development Plans. A fully dimensioned site plan and elevation drawings prepared by a Californialicensed engineer or architect showing any existing wireless facilities with all existing transmission equipment and other improvements, the proposed facility with all proposed transmission equipment and other improvements, and the legal boundaries of the leased or owned area surrounding the proposed facility and any associated access or utility easements.

3.

Required Licenses or Approvals. Evidence that the applicant has all current licenses and registrations from the FCC, the California Public Utilities Commission (CPUC), and any other applicable regulatory bodies where such licenses or registrations are necessary to provide wireless communication services utilizing the proposed facility.

4.

Photo Simulations. Photo simulations that show the proposed facility in context of the site from reasonable line-of-sight locations from public streets or other adjacent public viewpoints, together with a map that shows the photo location of each view angle.

5.

Alternative Sites Analysis.

a.

The applicant must provide a list of all existing structures considered as alternatives to the proposed location, together with a general description of the site design considered at each location.

b.

The applicant must also provide a written explanation for why the alternatives considered were unacceptable or infeasible, unavailable or not as consistent with the development standards in this chapter as the proposed location. This explanation must include a meaningful comparative analysis and such technical information and other factual justification as are necessary to document the reasons why each alternative is unacceptable, infeasible, unavailable or not as consistent with the development standards in this chapter as the proposed location.

c.

If an existing facility is listed among the alternatives, the applicant must specifically address why the modification of such wireless communication facility is not a viable option. When an applicant proposes a site in the public right-of-way, the initial alternative sites analysis required for a complete application may evaluate other potential locations within the right-of-way.

6.

RF Exposure Compliance Report. A radio frequency (RF) report acceptable to the city prepared and certified by an RF engineer that certifies that the proposed facility, as well as any collocated facilities, will comply with applicable federal RF exposure standards and exposure limits.

7.

Noise Study. A noise study prepared and certified by an engineer for the proposed facility and all associated equipment including all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators demonstrating compliance with the city's noise regulations.

8.

Deposit for Third Party Review. A cash deposit for third party peer review determined by the community development director to be necessary to ensure compliance with the requirements of this chapter.

9.

Additional Information. Additional information determined by the development services department as necessary for processing the application for the proposed facility.

C.

Application Processing Time. The application processing time for applications subject to this chapter shall be in conformance with the time periods and procedures established by applicable FCC decisions, adjusted for any tolling due to incomplete application notices or mutually agreed upon extensions of time.

D.

Public Notice and Hearing.

1.

Conditional Use Permit. The planning commission shall review and act on a conditional use permit for a proposed facility at a noticed public hearing in compliance with Chapter 18.104 (Common Permit Requirements).

2.

Administrative Use Permit. Public notice of a pending action on an administrative use permit application shall be provided in compliance with Section 18.104.090 (Notice of Pending Action). The community development director shall hold a public hearing for an administrative use permit application only upon receiving a written request for a public hearing as provided in Section 18.104.090.

E.

Basis for Approval. To approve a conditional use permit or administrative use permit for a proposed facility, the review authority must find that:

1.

The facility is consistent with the requirements of this chapter;

The facility is sited and located in the most preferred manner possible, as described in Section 18.96.070 (Preferred Siting and Location), while meeting the applicant's wireless service objectives; and

3.

All the findings required for the conditional use or administrative use permit as specified in Chapter 18.108 (Specific Permit Requirements) can be made for the proposed facility.

F.

Appeals.

1.

Community development director decisions on an administrative use permit may be appealed to the planning commission in accordance with Section 18.112 (Appeals).

2.

Planning commission decisions on a conditional use permit may be appealed to the city council in accordance with Section 18.112 (Appeals).

G.

Length of Approval.

1.

All approvals for wireless communication facilities are valid for an initial maximum period of ten years.

2.

An approval may be extended by the community development director from the initial approval date for a subsequent five years and may be extended by the director every five years thereafter upon the verification of the wireless communications provider's continued compliance with this chapter and with the findings and conditions of approval under which the application was originally approved.

H.

Permit Revocation.

1.

Basis for Revocation. A permit granted under this chapter may be revoked for noncompliance with any enforceable permit, permit condition or law applicable to the facility.

2.

Revocation Procedures.

a.

When the community development director finds reason to believe that grounds for permit revocation exist, the director shall send written notice to the permit holder that states the nature of the violation and a means to correct the violation. The permit holder shall have a reasonable time from the date of the notice to correct the violation or show that the violation has not occurred.

b.

If the permit holder does not correct the violation or show that the violation has not occurred, the planning commission shall conduct a noticed public hearing to consider whether to revoke the permit. The planning commission may revoke the permit upon findings that the permit holder has not complied with any enforceable permit, permit condition or law applicable to the facility.

c.

The planning commission's decision may be appealed to the city council in accordance with Chapter 18.112 (Appeals).

I.

Cessation of Operations — New Permit Required. A new permit shall be required if a site is to be used again for the same purpose as permitted under the original permit if a consecutive period of six months have lapsed since cessation of operations.

J.

Transfer of Ownership. In the event that the original permit holder sells its interest in a wireless communication facility, the succeeding carrier shall assume all project responsibilities and shall be held responsible for maintaining consistency with all permit requirements and conditions of approval.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2341 N.S., § 13, 2-15-2023)

18.96.060 - Section 6409(a) modifications.

A.

Purpose. This section describes the process and requirements for the approval of an "eligible facilities request" that does not cause a "substantial change" to an existing facility as defined by FCC regulations.

B.

Eligible Facilities Request Defined. "Eligible facilities request" means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(3), as may be amended, which defines that term as a request for modification of an existing tower or base station that does not substantially change the physical dimensions of the tower or base station, involving

1.

Collocation of new transmission equipment;

Removal of transmission equipment; or

3.

Replacement of transmission equipment.

C.

Substantial Change Defined. "Substantial change" means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(7), as may be amended, defined according to the facility type and location as follows:

1.

Towers Outside the Public Right-of-Way. For towers outside the public right-of-way, a substantial change occurs when:

a.

The proposed collocation or modification increases the overall height more than ten percent or the height of one additional antenna array not to exceed twenty feet (whichever is greater); or

b.

The proposed collocation or modification increases the width more than twenty feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater); or

c.

The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site.

2.

Monopoles in the Public Right-of-Way. For monopoles in the public rights-of-way, a substantial change occurs when:

a.

The proposed collocation or modification increases the overall height more than ten percent or ten feet (whichever is greater); or

b.

The proposed collocation or modification increases the width more than six feet from the edge of the wireless monopoles; or

c.

The proposed collocation or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets; or

d.

The proposed collocation or modification involves the installation of any new ground-mounted equipment cabinets that are ten percent (ten percent) larger in height or volume than any existing ground-mounted equipment cabinets; or

e.

The proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.

3.

All Towers and Base Stations. In addition, for all towers and base stations wherever located, a substantial change occurs when:

a.

The proposed collocation or modification would defeat the existing concealment elements of the support structure as determined by the community development director; or

b.

The proposed collocation or modification violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change described in this section;

c.

The proposed collocation or modification involves the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four.

4.

Interpretation of Thresholds.

a.

The thresholds for a substantial change described above are disjunctive. The failure to meet any one or more of the applicable thresholds means that a substantial change would occur.

b.

The thresholds for height increases are cumulative limits. For sites with horizontally separated deployments, the cumulative limit is measured from the originally-permitted support structure without regard to any increases in size due to wireless equipment not included in the original design. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed on February 22, 2012—the date that Congress passed Section 6409(a).

D.

Permit Required. Approval of an eligible facilities request as defined above requires community development director approval of a Section 6409(a) Permit.

E.

Applications. Applications for a Section 6409(a) Permit shall contain all information and materials specified in Section 18.96.050.B (Application Contents) with the following exceptions:

1.

Section 6409(a) Permit applications are not required to include a statement of purpose (Section 18.96.050.B.1) or an alternative sites analysis (Section 18.96.050.B.5).

2.

The application must include a detailed explanation as to why the applicant believes that the application qualifies as an eligible facility request subject to a Section 6409(a) Permit.

3.

For applications involving a collocation or modification to an eligible support structure, the application must be accompanied by all prior approvals for the existing facility (including but not limited to all conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment), as well as all permit applications with required application materials for each separate permit required by the city for the proposed facility, including but not limited to a building permit and an encroachment permit (if applicable).

F.

Public Notice. Before the community development director may approve a Section 6409(a) Permit application, notice of the application shall be posted on site at least ten calendar days prior to the city taking action on the application and shall contain the following information:

1.

A general explanation of the proposed modification or collocation;

2.

A general description of the location of the real property that is the subject of the application; and

3.

The following statement: "Federal law may require approval of this application pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. Section 1455(a)."

G.

Basis for Approval.

1.

This subsection shall be interpreted and applied so as to be consistent with the Telecommunications Act of 1996, Section 6409(a), and the applicable FCC and court decisions and determinations relating to the same. In the event that a court of competent jurisdiction invalidates all or any portion of Section 6409(a) or a FCC rule or regulation that interprets Section 6409(a), such that federal law would not mandate approval for any eligible facilities request, then all proposed modifications to existing facilities subject to this section must be approved by an administrative use permit, or conditional use permit, as applicable, and subject to the discretion of the community development director.

2.

The community development director shall approve a Section 6409(a) Permit upon finding that the proposed collocation or modification qualifies as an eligible facilities request and does not cause a substantial change as defined above.

3.

In addition to any other alternative recourse permitted under federal law, the community development director may deny a Section 6409(a) permit upon finding that the proposed collocation or modification:

a.

Violates any legally enforceable standard or permit condition reasonably related to public health and safety;

b.

Involves a structure constructed or modified without all regulatory approvals required at the time of the construction or modification;

c.

Involves the replacement of the entire support structure; or

d.

Does not qualify for mandatory approval under Section 6409(a) for any lawful reason.

4.

A denial of a Section 6409(a) permit application shall be without prejudice to the applicant, the real property owner, or the project. Subject to the application and submittal requirements in this chapter, the applicant may immediately resubmit a permit application for either a conditional use permit, administrative use permit, or Section 6409(a) permit as appropriate.

H.

Appeals. Community development director decisions on a Section 6409(a) Permit are final and may not be appealed.

I.

No Permit Term Extension.

1.

The approval of a Section 6409(a) permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station.

2.

A Section 6409(a) permit does not extend the permit term for any conditional use permit, administrative use permit, or other underlying regulatory approval and its term shall be coterminous with the underlying permit for the subject tower or base station.

J.

Applicant Notifications for Deemed Granted Remedies.

1.

Under state and/or federal law, the city's failure to act on a wireless communications facility permit

application within a reasonable period of time in accordance with the time periods and procedures established by applicable FCC decisions, accounting for tolling, may result in the permit being deemed granted by operation of law.

2.

To the extent federal or state law provides a "deemed granted" remedy for wireless communications facility applications not timely acted upon by the city, no such application shall be deemed granted unless and until the applicant satisfies the following requirements:

a.

Submits a complete application package consistent with the application procedures specified in this chapter and applicable federal and state laws and regulations.

b.

Following the date by which the city must take final action on the application (as determined in accordance with the time periods and procedures established by applicable FCC decisions and accounting for tolling), the applicant must provide notice to the city that the application is deemed granted by operation of law.

K.

Accelerated Permit Terms Due to Invalidation.

In the event that any court of competent jurisdiction invalidates any portion of Section 6409(a) or any FCC rule that interprets Section 6409(a) such that federal law would not mandate approval for any Section 6409(a) permit, the permit or permits issued in connection with such 6409(a) modification(s) shall automatically expire one year from the effective date of the judicial order.

2.

A permit holder is not required to remove its improvements approved under the invalidated Section 6409(a) permit if the permit holder submits an application for a conditional use permit or administrative use permit for those improvements before the one-year period ends.

L.

No Waiver of Standing. The approval of a Section 6409(a) permit shall not be construed to waive any standing by the City to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any Section 6409(a) modification.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2301 N.S., § 2, 4-17-2019; Ord. No. 2341 N.S., § 14, 2-15-2023)

The following siting and location preferences apply to all proposed new facilities and substantial changes to existing facilities. The community development director may require the applicant to submit an alternative sites analysis and evidence to demonstrate that a proposed facility could not be feasibly installed in a preferred site or location.

A.

Preferred Siting. To the extent possible, all proposed facilities should be sited according to the following preferences, ordered from most preferred to least preferred:

1.

Collocations on existing base stations outside the rights-of-way; then

2.

Collocations on towers outside the rights-of-way; then

3.

New building-mounted facilities outside the rights-of-way; then

4.

New towers outside the rights-of-way.

B.

Preferred Locations — General. All applicants should, to the extent possible, propose new facilities and substantial changes to existing facilities in non-residential zones.

C.

Preferred Locations — Non-Residential Zones. To the extent possible, all proposed facilities in nonresidential zones should be located according to the following preferences, ordered from most preferred to least preferred:

1.

City owned or controlled parcels; then

2.

Parcels in the public facilities (PF) zone; then

3.

Parcels in the industrial (CI, IO, IC, IL, IG) zones; then

4.

Parcels in the commercial (CN, CG, CH, CS) zones;

5.

Parcels in the sports recreation leisure (SRL) zone.

6.

Parcels in the mixed use (MU-D, MU-N, MUF) zones.

D.

Preferred Locations -Residential and Open Space Zones. If a facility is proposed in a residential (RE, RDL, RDH, RAL, RAM, RAH)), a residential Planned Development, or open space (OS) zone, all facilities should be located according to the following preferences, ordered from most preferred to least preferred:

1.

City owned or controlled parcels; then

2.

Parcels that contain non-residential uses and do not contain residential uses; then

3.

Parcels that contain non-residential conditional uses and do contain residential uses; then

Parcels that do not contain single-family homes; then

5.

All other parcels.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2301 N.S., § 3, 4-17-2019)

18.96.080 - Development standards.

A.

General Design Standards. All facilities must conform to the following design standards.

1.

Concealment. All new facilities and substantial changes to existing facilities must incorporate concealment measures and/or techniques appropriate for the proposed location and design. All ground-mounted equipment on private property must be completely concealed to the extent feasible according to the following preferences, ordered from most preferred to least preferred:

a.

Within an existing structure including, but not limited to, an interior equipment room, mechanical penthouse, or dumpster corral; then

b.

Within a new structure designed to integrate with or mimic the adjacent existing structure; then

c.

Within an underground equipment vault if no other feasible above-ground design that complies with subsections (a) or (b) exists.

2.

Height.

a.

All new facilities and substantial changes to existing facilities must not exceed the height limit in the applicable zone except as allowed in Paragraph b below.

b.

The review authority may approve a height exception up to 8 feet above the height limit when a proposed facility is (1) mounted on the rooftop of an existing building; (2) completely concealed; and (3) architecturally integrated into the underlying building. This exception does not apply to any towers or utility poles.

Setbacks. All facilities must comply with all setback requirements in the applicable zone.

4.

Collocation. Applicants shall design their facilities to accommodate future collocated facilities to the extent feasible.

5.

Landscaping. In addition to any landscaping required by the city for concealment or screening purposes, the applicant shall install and maintain additional landscaping to replace any existing landscaping displaced during the construction or installation of the facility.

6.

Backup or Standby Power Sources and Generators. The city may not approve any fossil fuel-powered backup power sources or generators unless the applicant demonstrates that the facility cannot feasibly achieve its power needs with batteries, fuel cells or other similarly non-polluting, low noise-level means.

7.

Lights.

a.

Unless otherwise required under FAA or FCC regulations, applicants may install only timed or motionsensitive light controllers and lights and must install such lights so as to avoid illumination impacts to adjacent properties to the maximum extent feasible. The city may exempt an applicant from this requirement when the applicant demonstrates a substantial public safety need.

b.

All aircraft warning lighting must use lighting enclosures that avoid illumination impacts to properties in the city to the maximum extent feasible.

8.

Noise. All transmission equipment and other equipment (including without limitation air conditioners and sump pumps) associated with the facility must not emit sound that exceeds the applicable limit established in municipal code Chapter 8.28 (Noise).

9.

Signage.

a.

A facility may not display any signage or advertisements unless expressly allowed by the city in a written approval, recommended under FCC regulations or required by law or permit condition.

b.

Every facility shall at all times display signage that accurately identifies the facility owner and provides the facility owner's unique site number, and also provides a local or toll-free telephone number to contact the facility owner's operations center.

10.

Code Compliance. A permit holder shall design and maintain all facilities in compliance with all applicable federal, state, and local laws, codes, regulations, ordinances, or other rules.

B.

Tower-Mounted Facilities.

1.

General Design Preferences. To the extent feasible and appropriate for the proposed location, all new towers applications should be designed according to the following preferences, ordered from most preferred to least preferred:

a.

Faux architectural features (examples include, but are not limited to, bell towers, clock towers, lighthouses, obelisks, and water tanks); then

b.

Faux trees; then

c.

Monopoles that do not conceal the antennas within a concealment device.

2.

Tower-mounted Equipment. All tower-mounted equipment shall be mounted as close to the vertical support structure as possible to reduce its visual profile. Applicants should mount non-antenna, tower-mounted equipment (including, but not limited to, remote radio units/heads, surge suppressors, and utility demarcation boxes) directly behind the antennas to the maximum extent feasible.

3.

Ground-mounted Equipment. Ground-mounted equipment shall be concealed with opaque fences or other opaque enclosures. The city may require, as a condition of approval, design and/or landscape features in addition to other concealment when necessary to blend the equipment or enclosure into the surrounding environment.

4.

Concealment Standards for Faux Trees. All faux tree facilities shall comply with the following standards:

a.

The canopy shall completely envelop all tower-mounted equipment and extend beyond the tower-mounted equipment at least eighteen inches.

b.

The canopy shall be naturally tapered to mimic the particular tree species.

c.

All tower-mounted equipment, including antennas, equipment cabinets, cables, mounts, and brackets, shall be painted flat natural colors to mimic the particular tree species.

d.

All antennas and other tower-mounted equipment cabinets shall be covered with broadleaf or pine needle "socks" to blend in with the faux foliage.

e.

The entire vertical structure shall be covered with permanently-affixed three-dimensional faux bark cladding to mimic the particular tree species.

C.

Building- and Facade-Mounted Facilities.

1.

General Design Preferences. To the extent feasible and appropriate for the proposed location, all new building and facade mounted facilities should be designed according to the following preferences, ordered from most preferred to least preferred:

a.

Completely concealed and architecturally integrated facade- or rooftop-mounted base stations which are not visible from any publicly accessible areas at ground level (examples include, but are not limited to, antennas behind existing parapet walls or facades replaced with RF-transparent material and finished to mimic the replaced materials); then

b.

Completely concealed new structures or appurtenances designed to mimic the support structure's original architecture and proportions (examples include, but are not limited to, cupolas, steeples, chimneys, and water tanks); then

c.

Facade-mounted facilities incorporated into "pop-out" screen boxes designed to be architecturally consistent with the original support structure; then

d.

Exposed facade-mounted and rooftop antennas.

2.

Ground-mounted Equipment. Outdoor ground-mounted equipment associated with base stations must be avoided whenever feasible. In locations visible or accessible to the public, outdoor ground-mounted equipment shall be concealed with opaque fences or landscape features that mimic the adjacent structures (including, but not limited to, dumpster corrals and other accessory structures).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2301 N.S., § 4, 4-17-2019)

18.96.090 - Operation and maintenance requirements.

A.

Inspections and Emergencies. The city or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permit holder. The permit holder shall cooperate with all inspections. The city or its designee may enter the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.

B.

Contact Information for Responsible Parties. The permit holder shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the community development director upon the community development director's written or verbal request.

C.

General Maintenance. The site and the facility, including but not limited to all landscaping, fencing and related transmission equipment, shall be maintained in a neat and clean manner and in accordance with all approved permits and conditions of approval.

D.

Removal of Discontinued Equipment. All equipment and improvements associated with a wireless communications facility shall be removed within 30 days of the discontinuation of the use, and the site shall be restored to its original pre-construction condition. If a permit holder fails to remove a discontinued facility, the city may remove or cause to remove the facility at the permit holder's sole expense.

E.

Change in Federal or State Regulations. All facilities shall meet the current standards and regulations of the FCC, the California Public Utilities Commission, and any other agency of the federal or state government with the authority to regulate wireless communications providers. If such standards and/or regulations are changed, the wireless communications provider shall bring its facilities into compliance with such revised standards and regulations within ninety days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal or state agency. Failure to a

bring wireless communications facility into compliance with revised standards and regulations shall constitute grounds for the immediate removal of the facility at the wireless communications provider's expense.

F.

RF Exposure Compliance. All facilities shall comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate radio frequency (RF) exposure standards. Under the Federal Telecommunications Act of 1996, the city may not deny an application for a wireless telecommunications facility due to perceived health risks if the proposed facility complies with Federal RF exposure standards.

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

A.

Request for Exemption. An applicant may request a waiver from one or more requirements in this chapter on the basis that a permit denial would effectively prohibit personal wireless services in Morgan Hill.

B.

Basis for Approval. For the city to approve such an exemption, the applicant must demonstrate with clear and convincing evidence all of the following:

1.

A significant gap in the applicant's service coverage exists;

2.

All alternative sites identified in the application review process are either technically infeasible or not potentially available; and

3.

Permit denial would effectively prohibit personal wireless services in Morgan Hill.

C.

Applicant Must Demonstrate Basis for Approval. The applicant always bears the burden to demonstrate why an exemption should be granted.

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

If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect.

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

Part 4 - PERMITS AND ADMINISTRATION

Chapter 18.100 - ADMINISTRATIVE RESPONSIBILITY

This chapter describes the authority and responsibilities of the city council, planning commission, and the community development director in the administration of the zoning code.

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

The City council, planning commission, and community development director function as the planning agency and as the advisory agency in compliance with Government Code Section 65100.

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

Table 18.100-1 shows the review and decision-making authority of the city council, planning commission, and community development director in the administration of the zoning code.

Table 18.100-1: Review and Decision-Making Authority

Notes:

[1] "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "decision" means that the review authority makes the final decision on the matter; "appeal" means that the review authority shall consider and decide appeals of decisions of an earlier decision-making body, in compliance with Chapter 18.112 (Appeals).

[2] Includes the application of a planned development (PD) combining district designation to a property.

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