This chapter identifies procedures for specific types of permits and approvals required by the zoning code.

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

A.

Purpose. An Administrative Use Permit is required for land uses that are generally appropriate within a district, but potentially undesirable on a particular parcel or in large numbers. An administrative use permit is a discretionary action that enables the community development director to ensure that a proposed use is consistent with the general plan and will not create negative impacts to adjacent properties or the general public.

B.

When Required. Land uses that require an administrative use permit are shown in the land use regulation tables for each zoning district found in Part 2 (Zoning District Standards).

C.

Review Authority. The community development director takes action on Administrative Use Permit applications. The community development director may refer any administrative use permit application to the planning commission for review and final decision.

D.

Public Notice and Hearing. Public notice of a pending action on an administrative use permit application shall be provided in compliance with Section 18.104.100 (Notice of Pending Action). The community development director shall hold a public hearing for a minor use permit application only upon receiving a written request for a public hearing as provided in Section 18.104.090.

E.

Findings for Approval. To approve an administrative use permit, the review authority shall make all of the following findings:

1.

The proposed use is allowed in the applicable district.

2.

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

3.

The site is suitable and adequate for the proposed use.

4.

The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the property.

5.

The proposed use will not be detrimental to the public health, safety, and welfare.

6.

The proposed use would not have a substantial adverse effect in traffic circulation and on the planned capacity of the street system.

7.

The proposed use is properly located within the city and adequately served by existing or planned services and infrastructure.

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

A.

Purpose. A conditional use permit is required for land uses that are generally appropriate within a district, but potentially undesirable on a particular parcel or in large numbers. A conditional use permit is a discretionary action that enables the planning commission to ensure that a proposed use is consistent with the general plan and will not create negative impacts to adjacent properties or the general public.

B.

Review Authority. The planning commission shall review and act on all conditional use permit applications.

C.

When Required. Land uses that require a conditional use permit are shown in the land use regulation tables for each zoning district found in Part 2 (Zoning Districts and Overlay Zones).

D.

Public Notice and Hearing. The planning commission shall review and act on a conditional use permit application at a noticed public hearing in compliance with Chapter 18.104 (Common Permit Requirements).

E.

Findings for Approval. To approve a conditional use permit, the planning commission shall make all of the following findings:

1.

The proposed use is allowed in the applicable district.

2.

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

3.

The site is suitable and adequate for the proposed use.

4.

The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the property.

5.

The proposed use will not be detrimental to the public health, safety, and welfare.

6.

The proposed use would not have a substantial adverse effect in traffic circulation and on the planned capacity of the street system.

7.

The proposed use is properly located within the city and adequately served by existing or planned services and infrastructure.

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

A.

Purpose. A design permit is a discretionary action that enables the city to ensure that proposed development exhibits high quality design consistent with the general plan and any other applicable specific plan or area plan adopted by the city council. The design permit process is also intended to ensure that new development and uses are compatible with their surroundings and minimize negative impacts on neighboring properties.

B.

Review Authority.

1.

Except as provided below, the community development director shall review and act on all design permit applications.

2.

The community development director may elevate any design permit application under their authority to the planning commission for review and final decision.

3.

The city council shall review and act on all design permit applications for new city projects (e.g., new municipal buildings, parks) determined by the community development director to be significant in accordance with Subsection D below.

4.

Except for new city projects, the planning commission shall act on any design permit application for any other projects determined by the community development director to be significant in accordance with Subsection D below.

C.

When Required. The following types of projects require a design review permit:

1.

Three or more new residential units.

2.

One or more new residential unit on a sensitive site as defined in Subsection E (Sensitive Sites) below.

3.

New non-residential buildings, structures physical site improvements determined to be significant in accordance with Subsection D (Significant Projects) below.

4.

Additions to existing buildings, structures, or other physical site improvements visible from a public right-of-way and determined to be significant in accordance with Subsection D (Significant Projects) below. Single-family homes are exempt unless the home is on a sensitive site as defined in Subsection E below.

5.

Additions to existing residences located on a sensitive site as defined in Subsection E below.

6.

Site alterations that change the topography of the currently developed site area on a sensitive site as defined in Subsection E below.

7.

Relocation of existing buildings, structures or other physical site improvements.

8.

Exterior changes to existing buildings, structures or other site improvements determined to be significant in accordance with Subsection D (Significant Projects) below. Single-family homes are exempt unless the home is on a sensitive site as defined in Subsection E below.

9.

Grading of more than fifty cubic yards on slopes greater than ten percent.

10.

New accessory structures including secondary dwelling units or guest homes on a sensitive site as defined in Subsection E below.

11.

City projects, including, but not limited to, municipal buildings, parks and open spaces, landscaping within the right-of-way, and street furniture.

12.

Other projects determined by the community development director to be significant or which may adversely affect the environment or adjacent development.

D.

Significant Projects.

1.

The community development director shall determine whether a project in Subsection C above is significant and thus requires a design review permit. When determining if a project is significant, the community development director shall consider:

a.

The visual prominence of the project when viewed from the public right-of-way and/or private property;

b.

The project height, mass, and area of site disturbance;

c.

The type, character, and proximity of adjacent development; and

d.

The potential of the project to create adverse impacts on adjacent uses or the community at large.

2.

Any structure with more than seventy-five thousand square feet of floor area or a building height greater than forty feet, not including projections allowed by-right under Table 18.56-1, is presumed to be significant for purposes of this chapter.

3.

Any residential development of more than one hundred units is presumed significant for purposes of this chapter.

4.

The community development director's determination that a project is significant may be appealed to the planning commission in accordance with Chapter 18.112 (Appeals).

E.

Sensitive Sites.

1.

The community development director may require a design permit for a project located on a sensitive site where a design permit may not otherwise be required.

2.

The community development director's determination that a site is sensitive and that a design permit is required may be appealed to the planning commission in accordance with Chapter 18.112 (Appeals).

3.

The city shall consider a site to be sensitive if the site:

a.

Contains a notable natural feature such as a hillside, ridgeline, watercourse, major drainage way or floodplain.

F.

Exempt Projects. In all cases the following projects shall be exempt from the requirement to obtain a design permit:

1.

Building additions less than five hundred square feet which will not be visible from a public right-of-way.

2.

Exterior modifications to existing buildings that are not visible from any public right-of-way.

3.

Parking lot resurfacing and re-striping, or minor alterations to parking lots, provided the number of spaces is not reduced or the property provides the minimum number of on-site parking spaces as required by Chapter 18.72 (Parking and Loading).

4.

Replacement or addition of existing windows, doors, or roofing materials.

5.

Repainting or retexturing exterior building walls with similar or higher quality materials.

6.

Addition of plant material and/or planter areas that occupy less than 20 percent of the site or removal or modification of a minor amount of existing landscape area.

7.

Replacement of existing awnings or trellises, or the addition of an awnings or trellises less than five feet in width.

8.

Replacement of existing walls and fencing.

9.

Addition, relocation, or replacement of trash enclosures, mechanical screens, and light fixtures.

10.

Remodel or addition of ramps, pathways or parking to accommodate the requirements of federal, state or local accessibility laws.

11.

Murals with or without signage that comply with Chapter 18.88 (Signs) and any applicable specific plan or area plan.

12.

Other projects determined by the community development director to be a minor or incidental modification to an existing building, structure, or site feature.

G.

Public Notice and Hearing.

1.

Public notice of a pending action on a design permit application reviewed by the community development director shall be provided in compliance with Section 18.104.100 (Notice of Pending Action). The community development director shall hold a public hearing for a design permit application only upon receiving a written request for a public hearing as provided in Section 18.104.10.

2.

The planning commission and city council shall review and act on a Design Permit application at a noticed public hearing in compliance with Chapter 18.104 (Common Permit Requirements).

H.

Design Review Criteria. When considering design permit applications, the city shall evaluate applications to ensure that they satisfy the following criteria, comply with the development standards of the zoning district, conform to policies of the general plan and any applicable specific plan, and are consistent with any other policies or guidelines the city council may adopt for this purpose. To obtain design permit approval, projects must satisfy these criteria to the extent they apply.

1.

Community Character. The overall project design including site plan, height, massing, architectural style, materials, and landscaping contribute to Morgan Hill's unique small-town character and distinctive sense of place.

2.

Neighborhood Compatibility. The project is designed to respect and complement adjacent properties. The project height, massing, and intensity is compatible with the scale of nearby buildings. The project design incorporates measures to minimize traffic, parking, noise, and odor impacts on nearby residential properties.

3.

Pedestrian Environment. Buildings incorporate design features that support an active public realm and an inviting pedestrian environment.

4.

Privacy. The orientation and location of buildings, entrances, windows, doors, decks, and other building features minimizes privacy impacts on adjacent properties and provides adequate privacy for project occupants.

5.

Safety. The project promotes public safety and minimizes opportunities for crime through design features such as property access controls (e.g., placement of entrances, fences), increased visibility and features that promote a sense of ownership of outdoor space.

6.

Massing and Scale. The massing and scale of buildings complement and respect neighboring structures and correspond to the scale of the human form. Large volumes are divided into small components through varying wall planes, heights, and setbacks. Building placement and massing avoids impacts to public views and solar access.

7.

Architectural Style. Buildings feature an architectural style that is compatible with the surrounding built and natural environment, is an authentic implementation of appropriate established architectural styles, and reflects Morgan Hill's unique small-town character.

8.

Articulation and Visual Interest. Building facades are well articulated to add visual interest, distinctiveness, and human scale. Building elements such as roofs, doors, windows, and porches are part of an integrated design and relate to the human scale. Architectural details such as trim, eaves, window boxes, and brackets contribute to the visual interest of the building.

9.

Materials. Building facades include a mix of natural, high-quality, and durable materials that are appropriate to the architectural style, enhance building articulation, and are compatible with surrounding development.

10.

Parking and Access. Parking areas are located and designed to minimize visual impacts and support a pedestrian-friendly environment. Safe and convenient connections are provided for pedestrians and bicyclists.

11.

Landscaping. Landscaping is an integral part of the overall project design, is appropriate to the site and structures, and enhances the surrounding area.

12.

Open Space and Public Places. Single-family dwellings feature inviting front yards that enhance Morgan Hill's residential neighborhoods. Multifamily residential projects include public and private open space that is attractive, accessible, and functional. Non-residential development provides semi-public outdoor spaces, such as plazas and courtyards, which help support pedestrian activity within an active and engaging public realm.

13.

Signs. The number, location, size, and design of signs complement the project design and are compatible with the surrounding context.

14.

Lighting. Exterior lighting is an integral part of the project design with light fixtures designed, located, and positioned to minimize illumination of the sky and adjacent properties.

15.

Accessory Structures. The design of detached garages, sheds, fences, walls, and other accessory structures relate to the primary structure and are compatible with adjacent properties.

16.

Mechanical Equipment, Trash Receptacles, and Utilities. Mechanical equipment, trash receptacles, and utilities are contained within architectural enclosures or fencing, sited in unobtrusive locations, and/or screened by landscaping.

I.

Residential Design Criteria. In addition to the criteria in Subsection H above, new medium density residential development that requires a design permit shall also comply with the design criteria in Chapter 18.40 (Alternative Standards for Medium Density Residential Development).

J.

Findings for Approval. To approve a design permit, the review authority shall make all of the following findings:

1.

The proposed project is consistent with the general plan and any applicable specific plan, area plan, or other design policies and regulations adopted by the city council.

2.

The proposed project complies with all applicable provisions of the zoning code and municipal code.

3.

The proposed project substantially complies with all applicable design standards and guidelines contained in the design review handbook.

4.

The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).

5.

The proposed development will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity.

6.

The proposed project complies with all applicable design review criteria in Subsection H above.

7.

For new residential development, the project complies with commitments made through the residential development control system (RDCS).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2317, N.S., § 2, 11-18-2020; Ord. No. 2327 N.S., § 18, 12-15-2021; Ord. No. 2352, § 15, 4-24-2024)

See Section 18.60.080 (Historic Alteration Permits).

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

See Section 18.60.090 (Historic Demolition or Relocation Permits).

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

A.

Purpose. A minor exception allows for small deviations from development standards to accommodate projects which meet the needs of property owners, are consistent with the purpose of the zoning code and general plan, and do not negatively impact neighboring properties or the community at large.

B.

When Allowed.

1.

Permitted Exceptions. The city may approve a minor exception to allow for the following physical development standards:

a.

Maximum fence and wall height as allowed by Section 18.52.050 (Exceptions to Height Limits)

b.

Minimum setbacks as allowed by Section 18.56.030 (Setback Exceptions)

c.

Maximum lot coverage as allowed by Section 18.56.040 (Lot Coverage Exceptions)

d.

Up to ten percent of the minimum lot width in the applicable zoning district to facilitate the subdivision of an existing infill lot of record from one to two lots.

e.

Maximum building height as allowed by Section 18.56.020 (Height Exceptions)

f.

Number of required on-site parking spaces and dimensional standards for parking spaces, driveways, parking lots, and loading areas as allowed by Section 18.72.060.K (Adjustments to Parking Design and Development Standards).

g.

Other similar dimensional standards up to ten percent of the required standard with planning commission approval.

2.

Excluded Modifications. The city may not approve minor exception for:

a.

Lot area or depth;

b.

Minimum number of off-street parking spaces;

c.

Maximum residential density; and

d.

Maximum floor area ratio (FAR).

C.

Review Authority.

1.

The community development director shall review and take action on minor modifications applications listed in Paragraph B.1(a) through B.1(e) above.

2.

Planning commission shall review and take action on all other requested exceptions as allowed by Paragraph B.1(f) above.

D.

Public Notice and Hearing.

1.

Public notice of a pending action on a minor exception application reviewed by the community development director shall be provided in compliance with Section 18.104.100 (Notice of Pending Action). The community development director shall hold a public hearing for a minor exception application only upon receiving a written request for a public hearing as provided in Section 18.104.100.

2.

The planning commission shall review and act on a minor exception application at a noticed public hearing in compliance with Chapter 18.104 (Common Permit Requirements).

E.

Findings for Approval. To approve a minor exception application, the review authority shall make all of the following findings:

1.

The exception 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 exception will not adversely impact neighboring properties or the community at large.

3.

The exception is necessary due to unique characteristics of the subject property, structure, or use.

4.

The modification is consistent with the purpose of the zoning district, the general plan, and any applicable specific plan or area plan adopted by the city council.

5.

The exception will not establish an undesirable precedent.

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

See Section 18.88.030.A (Sign Permits).

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

A.

Purpose. A temporary use permit is a discretionary permit to allow short term activities that are compatible with surrounding uses and when conducted in compliance with this section and Section 18.92.150 (Temporary Uses and Structures).

B.

When Required. Types of temporary uses requiring a temporary use permit are identified in Section 18.92.150.C (Temporary Uses Requiring a Use Permit).

C.

Timing of Application. Applications for a temporary use permit shall be submitted a minimum of thirty days prior to the establishment of the temporary use.

D.

Review Authority. The community development director shall review and act on all temporary use permit applications.

E.

Public Notice and Hearing. Public notice and hearing is not required for the community development director's decision on a temporary use permit application.

F.

Findings for Approval. To approve a temporary use permit, the community development director shall make all of the following findings:

1.

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

2.

The location, size, design, and operating characteristics of the proposed temporary use will be compatible with the land uses in the vicinity of the property.

3.

The proposed temporary use will not be detrimental to the public health, safety, and welfare.

4.

The site for the proposed temporary use is adequate in size and shape to accommodate the temporary use without negatively impacting properties adjacent and near to the site.

5.

The site for the proposed temporary use is adequately served by streets and parking areas to accommodate the proposed temporary use.

G.

Conditions of Approval. The community development director may impose conditions on the approval of a temporary use permit to ensure consistency with this section and the zoning code. Such conditions may include, but are not limited to the following:

1.

Provision for temporary parking facilities, including vehicle ingress and egress.

2.

Measures to prevent or reduce nuisance factors such as glare, excessive illumination, noise, vibration, smoke, dust, dirt, odors, gases, and heat.

3.

Regulation of placement, height, size, and location of structures, facilities, landscaping and equipment, including provision for buffering and separation.

4.

Provision for sanitary facilities and for waste collection and disposal.

5.

Measures to promote safety and security.

6.

Regulation of signs and other attention-gaining devices.

7.

Regulation of operating hours and duration of the temporary use.

8.

Regulation of the hours and duration of set-up and dismantling activities.

9.

Any other conditions that will ensure the operation of the proposed temporary use is conducted in an orderly, efficient manner and in accordance with the intent and purpose of the zoning code.

H.

Hold Harmless Agreement. As a condition of approval for a temporary use permit, the applicant shall agree in writing to indemnify, defend, and hold harmless the city, its officers, officials, agents, and employees from any liability or claims for damages due to the granting of the temporary use permit or on account of injury to any person, loss of life, or damage to property caused by, or arising out of, activities authorized by the temporary use permit.

I.

Cash Deposit.

1.

For temporary uses that physically changes, alters and/or improves a site, the applicant shall submit to the city a cash deposit prior to the issuance of the temporary use permit. The cash deposit shall be an adequate amount, as approved by the community development director, to defray the cost of cleaning the site if the applicant fails to leave the property in a presentable and satisfactory condition and to guarantee removal of any temporary uses or structures. The cash deposit shall be a minimum of five hundred dollars.

2.

After completion of the temporary use, the city shall inspect the site and determine if it has been returned to a presentable and satisfactory condition. The city shall return the cash deposit to the applicant upon finding that the deposit is not needed to clean the site or remove any temporary use of structures.

3.

If an applicant does not return the site to a presentable and satisfactory condition, the city may use all or some of the cash deposit to clean the site or remove any temporary use of structures.

4.

The community development director may waive this cash deposit requirement upon finding that the requirement would be an unnecessary hardship for the applicant.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2341 N.S., §§ 16, 17, 2-15-2023)

A.

Purpose. A Variance is a discretionary permit that allows for deviation from physical development standards in the zoning code. The city may grant a variance only when the strict application of development standards creates a unique hardship due to unusual circumstances associated with the property.

B.

When Allowed.

1.

Allowable Variances. The city may grant a variance to allow for deviation from any physical development standard that applies to the subject property. Examples of physical development standards include height, setbacks, open space, floor area ratio (FAR), and off-street parking requirements.

2.

Variances Not Allowed. A variance may not be granted to:

a.

Permit a use other than a use permitted in the zoning district as specified in Part 2 (Zoning District Standards).

b.

Reduce the minimum lot size for single-family dwellings or minimum site area per dwelling unit requirements for multifamily developments.

c.

Allow deviation from a requirement of the general plan.

C.

Review Authority. The planning commission shall review and take action on all variance applications.

D.

Public Notice and Hearing. The planning commission shall review and act on a variance application at a noticed public hearing in compliance with Chapter 18.104 (Common Permit Requirements).

E.

Findings for Approval. To approve a variance, the planning commission shall make all of the following findings:

1.

There are unique circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, that do not generally apply to other properties in the vicinity or in the same zone as the subject property.

2.

The strict application of the zoning code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity or in the same zone as the subject property.

3.

The variance is necessary to preserve a substantial property right possessed by other property in the vicinity or in the same zone as the subject property.

4.

The variance will not be materially detrimental to the public health, safety, or welfare, or be injurious to the property or improvements in the vicinity or in the same zone as the subject property.

5.

The variance does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity or in the same zone as the subject property.

F.

Precedent. The approval of a variance shall not set the precedent for the granting of any future variance. Each application shall be considered only on its individual merits.

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

A.

Purpose. A zoning clearance is a ministerial procedure used by the development services department to verify that a proposed use, structure, or business complies with the zoning code. Zoning clearances are processed as part of a building permit, grading permit, or business license application and do not require the submittal of a separate permit application.

B.

When Required. A zoning clearance is required prior to the issuance of any building permit, grading permit, or businesses license.

C.

Review Authority. The development services department shall take action on all zoning clearances.

D.

Public Notice and Hearing. No public notice or hearing is required for a zoning clearance.

E.

Review and Action. The development services department shall review building permit, grading permit, and business license applications to verify compliance with the zoning code. If the project complies with the zoning code, the department shall approve the zoning clearance. Department staff shall attach a record of the approved zoning clearance to the approved building permit, grading permit, or business license application.

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