A.

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

B.

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

C.

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

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

A.

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

B.

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

C.

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

D.

Land Uses Regulations.

1.

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

2.

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

3.

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

E.

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

1.

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

2.

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

3.

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

a.

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

b.

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

4.

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

a.

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

b.

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

c.

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

5.

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

a.

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

b.

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

c.

Make specific site maintenance and/or improvements;

d.

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

e.

Install and maintain landscaping,

f.

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

g.

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

6.

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

7.

Permit Extensions.

a.

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

b.

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

c.

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

F.

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

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

A.

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

B.

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

C.

Effect of Downtown Specific Plan Overlay.

1.

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

2.

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

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

A.

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

B.

Applicability.

1.

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

2.

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

C.

Development Standards.

1.

Building Restrictions on Steep Slopes.

a.

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

b.

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

2.

Minimum Lot Area.

a.

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

A = S × 2,000

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

b.

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

c.

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

3.

Calculating Ground Slope.

a.

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

S = 0.00229IL/A

Where:

S = Average ground slope in percent

I = Contour interval in feet

L = Combined length of the contour lines in feet

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

b.

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

4.

Land Modification Restrictions.

a.

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

b.

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

(1)

Install fire trails;

(2)

Remove of poisonous or noxious vegetation;

(3)

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

(4)

Abate geologic or seismic hazard; or

(5)

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

5.

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

Table 18.30-1: Open Space Requirements

6.

One Dwelling Unit Allowed Per Lot.

a.

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

b.

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

7.

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

a.

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

b.

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

c.

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

d.

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

8.

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

9.

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

D.

El Toro Mountain Open Space Preservation.

1.

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

a.

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

b.

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

2.

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

3.

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

E.

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

1.

General Standards.

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

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

(1)

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

(2)

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

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

(3)

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

(4)

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

2.

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

a.

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

b.

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

c.

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

d.

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

e.

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

3.

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

a.

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

b.

Where recipient site is known, execution and recordation with the county recorder's office of an instrument legally sufficient both in form and content to effect conveyance of the TDC from the transferor to the recipient site. Such instrument shall specifically set forth the credits to be conveyed and the resultant total residential development credits assignable to the recipient site;

c.

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

d.

Other requirements as established by the city council.

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

A.

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

B.

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

C.

Permitted Land Uses.

1.

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

2.

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

D.

Development Standards.

1.

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

2.

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

E.

Required Approvals.

1.

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

2.

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

F.

Preliminary Review.

1.

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

2.

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

a.

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

b.

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

3.

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

4.

Preliminary Input.

a.

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

b.

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

G.

Planned Development Rezoning.

1.

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

2.

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

3.

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

H.

PD Master Plans.

1.

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

2.

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

3.

Application Submittal and Review.

a.

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

b.

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

c.

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

4.

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

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

h.

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

i.

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

(1)

Density and/or intensity;

(2)

Minimum lot size and dimensions;

(3)

Maximum building coverage;

(4)

Minimum setbacks;

(5)

Maximum building heights;

(6)

Signs;

(7)

Landscaping;

(8)

On-site parking; and

(9)

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

5.

Planning Commission Review and Recommendation.

a.

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

b.

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

6.

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

7.

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

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

8.

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

a.

Housing that is affordable to lower-income households.

b.

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

c.

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

d.

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

e.

Preservation, restoration, or rehabilitation of a historic resource.

f.

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

g.

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

h.

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

9.

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

I.

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

1.

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

2.

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

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

A.

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

B.

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

1.

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

2.

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

3.

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

4.

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

a.

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

b.

Structures for human occupancy.

c.

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

5.

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

6.

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

C.

Prohibited Development.

1.

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

a.

Located across the trace of an active fault; or

b.

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

2.

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

D.

Geologic Report.

1.

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

2.

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

a.

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

b.

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

3.

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

E.

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

F.

Additional Regulations.

1.

In addition to the regulations set forth in this section, the development services department, with the consent of the city council, may adopt such standards or regulations as necessary to protect the public from the effects of surface rupture along active faults in official earthquake fault zones.

2.

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

3.

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

G.

Consistency with Other Regulations.

1.

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

2.

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

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

A.

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

B.

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

C.

Land Use Regulations.

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

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

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

D.

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

1.

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

E.

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

1.

Site Design:

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

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

h.

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

i.

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

j.

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

k.

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

2.

Building Design:

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

3.

Landscaping:

a.

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

b.

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

c.

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

d.

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

4.

Parking:

a.

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

b.

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

5.

Lighting:

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

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

(Ord. No. 2350 N.S., § 1, 12-6-2023)