B. Flexibility in Design
A good set of objective design standards should strive to achieve a balance between flexibility and prescriptiveness. Knowing that applicants are likely to submit a broad range of proposals for both multi-family and mixed-use developments, standards must be written broadly enough to ensure a consistent review process, while also leaving room for individual aesthetic and architectural designs.
As with their overarching structure, objective standards can be organized using several broader strategies:
• Uniform: where a standard must be applied universally across the entire sphere of influence without deviation.
• Menu of Options: where the code features a selection of elements and standards that individual applicants must then select from.
• Point-based: where projects are required to attain a minimum score, based on an objective set of criteria that assign points to specific interventions and design strategies. 210
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• Typologies: where topics are categorized into a set number of classifications such as building type or streetscape, and applicants have the agency to determine which classifications are most appropriate for their projects.
• Location-specific: where standards are attributed to specific geographic areas, and confined in their range of applicability.
As with organization and structure, most of these strategies are not mutually exclusive, and most are inherently intertwined. It is common for objective design standards to utilize a combination of strategies to facilitate flexibility, as some techniques are more suited to regulating specific topics.
Uniform Approach
Advantages
• Offers a clear and consistent review process for both applicants and reviewers, as standards do not feature variations or deviations for the original language. • Lends itself to a table-based approach to objective standards that is clear and accessible to readers.
Disadvantages
• Lacks flexibility in its prescriptiveness, which may result in reduced individual creativity or architectural expression.
• Requires a one-size fits all standard that applies successfully in every scenario, despite unique cases such as irregularly shaped parcels or public easements. • Necessitates variance or exemption requests to accommodate unique circumstances, inviting the risk of a subjective review process.
Example: City of Buffalo
While there are a number of context-specific standards that allow greater flexibility, certain topics within the City of Buffalo’s Green Code Unified Development Ordinance features a single, uniform standard for topics such as aisle widths. Dependent on the angle of individual parking spaces, the aisle width is required to satisfy a minimum width that does not deviate regardless of the associating building use: aisle widths in surface lots for multi-family develops share the exact same standards as a commercial building, an institutional building, or a mixed-use building.
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Menu of Options
Advantages
• Offers a degree of flexibility in design and application, as individual projects can apply unique combinations of the available options to their designs. • Accommodates a broader range of choices and design considerations within the ‘menu.’ • Scales successfully across different topics, as ‘menus’ can be developed for many standards including landscaping, façade design, and entryways.
Disadvantages
• Requires compatibility across all available options and potential combinations, as applicants will select the combination that best fits their project. • Invites potentially contentious and subjective review when determining an ‘appropriate’ number of minimum options that applicants must satisfy. • Potentially results in combinations that are incompatible in execution or aesthetics, resulting in inconsistent building design and project approvals.
Example: Beaverton Downtown Design
Guidelines
Active ground-floors can be achieved through a variety
of entry types. The City of Beaverton identifies five
different residential entry types: patios, stoops, terraces, frontage courts, and at-grade entries. Each features
distinct design criteria and requirements, but all serve to create a degree of separation and privacy between the
doorways and the sidewalk. Project applicants are given the flexibility to choose which configurations work best for their respective development.
Point-based System
Advantages
• Features an objective and entirely non-subjective methodology for applicants and reviewers alike: if the minimum score is attained, the project can and must be approved. • Offers a degree of flexibility in design and application, as individual projects can apply unique combinations of the available options to their designs in order to satisfy the minimum score. • Helps to quantify and make objective topics that are difficult to characterize, such as street connectivity and site access.
• Scales effectively across diverse locations or underlying land uses, as minimum scores and methods for calculation can vary
Disadvantages
• Requires a complex process to develop formulas and methods that result in an objective and consistent score.
• Potentially results in confusing standards that are difficult for applicants to understand, or reviewers to interpret.
• Potentially results in incompatible design that nonetheless satisfies the minimum score.
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Example: City of Henderson
In an effort to facilitate more prolific street connections on new developments, the City of Henderson uses a “connectivity index” that requires multiple connection points between the project and the city’s existing street grid. Individual projects are tasked with submitting a circulation plan that satisfies a minimum score, based either on zoning district or building type (ex. multifamily residential, mixed -use commercial)
Example: Pier 70 SUD Design For Development
The Pier 70 SUD Design for Development utilizes a credit system to regulate building design. A few different categories are identified, including façade and roof modulation, and overall building massing (setbacks, building breaks, courtyards). Applicants are free to design buildings using the established parameters, and must earn a minimum number of credits associated with each standard in order to attain approval.
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Typologies
Advantages
• Allows individual applications flexibility to select the appropriate typology relative to their intent and design parameters.
• Allows zoning designations to have unique standards aligned with specific building, street, or open space typologies.
• Lends itself to a table-based approach to objective standards that is clear and accessible to both readers and reviewers.
Disadvantages
• Requires that typologies be intentionally written in general or generic terms to allow scaling across diverse contexts, resulting in less comprehensive standards.
Example: Vallco Specific Plan
The specific plan identifies several open
space typologies as an alternative to the
generic ‘landscaping’ or ‘planting’ that is
typically found in the existing code. These
open space types vary in size, dimensions,
and required amenities (ex. benches, play
structures). Applicants have the opportunity
to select the appropriate typology as it
relates to their particular project, and must
satisfy that specific set of requirements.
Example: Marin County Objective
Design and Development Standards
Toolkit
The county of Marin uses a typological
approach to several of their design
standards, including materials, window
design, and building types. The code begins
with two building types: house-scale, and
block-scale. From there, eight residential
typologies are featured under the house-
scale, and four residential/mixed-use
typologies under the block-scale. Each
typology is intended for a different level of
density and features its own set of design
standards. These building types are further
delineated into specific zoning districts
where they may be applied.
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Location-Based
Advantages
• Accommodates existing designations including zoning, area plans, or other formal spheres of influence as a unique ‘location.’
• Lends itself to a table-based approach to objective standards that is clear and accessible to both readers and reviewers.
• Scales well to standards related to streetscape and landscaping, as elements like street lighting, fire hydrants, and street trees may not always scale uniformly across an entire city.
Disadvantages
• Limits project applicants to a pre-determined set of standards that may lack flexibility, and may cause conflict in instances where exceptions are desired (ex. street trees are desired by the city to improve the public realm along a street lacking vegetation, but applicants are not required to provide street trees according to the standards). • Requires an organizational structure oriented around zones, typologies, streets, or other locations types, which may be complicated to develop.
Example: City of Beaufort
Recognizing that multi-family and mixed-used developments require different demands from an infrastructure and streetscape perspective than compared to lower-density development, one potential option to implement objective design standards is to introduce a grid of mandatory streetscape elements that are attributed to specific zoning districts. These elements may include utility infrastructure, street lighting, fire hydrants, and telecom infrastructure. Individual elements can be further detailed in a separate set of standards.
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Example: San Pablo Avenue Specific Plan
The San Pablo Avenue Specific Plan is a form-based code that regulates design along a primary vehicular corridor. The Plan identifies several street types located perpendicular or in near proximity to the central corridor, and uses these types as the foundation of their development standards. Building massing, setbacks, sidewalk requirements, and frontages are all contingent upon what street type a parcel abuts.
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VI. Appendix
A. General Plan 2040: Goals & Policies
LU-2: Promote land use objectives and development patterns in special planning areas consistent with adopted specific plans, overlay districts, and density bonus provisions.
LU-5: Ensure that new development is compatible with existing development in order to maintain a high quality of life for residents, while supporting successful business operations. • LU 5-1 Require new development and redevelopment to be compatible, complementary and, where appropriate, well integrated with existing residential areas. Integrate new largescale development projects into the fabric of the existing community rather than allowing projects to be insular and self contained, walled off, or physically divided from surrounding uses. Improve connectivity between neighborhoods and services with new development. Tie circulation systems and open spaces into existing streets and open spaces. Reduce unnecessary barriers and improve connections between neighborhoods and services by retrofitting existing development over time as area improvements or redevelopment occurs. • LU 5-2 Prohibit incompatible uses and inappropriate development in and near residential neighborhoods. As feasible, promote gradual transitions from high density development to surrounding low density neighborhoods in both building forms and land use. • LU 5-3 Ensure new development is consistent with specific height limits established within the City’s Zoning Ordinance as applied through the zoning district for all properties within the City.
• LU 5-5 Require that new residential development be designed to protect residents from potential conflicts with adjacent land uses, and other features including rail corridors, high-voltage power lines and high-volume roadways.
LU-6: Support commercial centers that serve residential neighborhoods and provide for a variety of convenient, successful and attractive commercial uses throughout the city. • LU 6-2 As commercial centers are proposed for redevelopment, create a vibrant public realm though placemaking techniques like public gathering places, features and focal elements including outdoor cafes and other outdoor uses and amenities. • LU 6-3 Minimize the visual impact of large parking lots by locating them away from public streets, and reclaim unneeded and underutilized paved areas that could be converted to neighborhood-enhancing features such as, gathering areas, pocket parks, or other community focused amenities.
• LU 6-6 Encourage redevelopment and intensification of mixed-use areas by allowing stand- alone vertical mixed-use, or integrated horizontal mixed-use projects in mixed use areas, consistent with the Land Use Map and policies and actions included in this element.
CIR-1: Provide a transportation system that efficiently, Equitably and effectively supports the City’s land use vision, minimizes vehicle miles traveled (VMT), enhances connectivity of the existing network, and supports the use of all modes of transportation
• Cir 1-3: Promote interconnectivity of the transportation network in existing and new developments and actively measure the quality of conditions in neighborhoods to better understand what barriers exist in order to support use of and access to the network. • CIR 1-5: Encourage reduced block size in new developments to develop a grid or modified grid network to enhance walkability.
• CIR 1-8: Prioritize multi-modal infrastructure improvements that improve pedestrian, bicyclist and transit user safety and equity for inclusion in the CIP.
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CIR-2: Provide safe, healthy, c omfortable, equitable and efficient transportation choices for all modes of transportation that enable people of all races, cultures, ethnicities, religions, sexual orientation, genders, income levels, ages and abilities, especially people of color and tho se disproportionately affected by access to a personal vehicle, systemic transportation inequities, racism, oppression, and poverty to increase safe physical activity, reduce usage of personal vehicles, access goods and services, employment opportunities, and for personal travel; to provide for efficient goods movement.
CIR-4: Promote, provide, and maintain an expanded, safe, convenient and comprehensive network of facilities for pedestrians and bicyclists of all ages and abilities to support walking and bicycling as viable modes of transportation, for recreational use, and to promote public health
CIR-6: Support and expand the City’s efforts to promote economic, environmental and social sustainability through initiatives to reduce greenhouse gas emi ssions and other air pollutants, reduce runoff, promote public health, equity and engage the community in an inclusive planning process.
CD-1: Strengthen Milpitas’ identity and sense of place by reinforcing the community’s distinctive, high - quality community form, natural landscape, and character • CD 1-1: Require development projects to: A. Preserve positive characteristics and unique features of the site; and B. Incorporate a context-sensitive design approach that considers the scale and existing and desired character of adjacent uses and the surrounding neighborhood or district.
• CD 1-2: Encourage infill development projects to accommodate contemporary uses and design and planning approaches and requirements in manner that minimizes conflicts with the • surrounding existing development.
• CD 1-3: Emphasize, enhance, and expand the compact, cohesive, and walkable portions of the city.
• CD 1-4: Recognize, enhance, celebrate and preserve, where possible, natural features and ecosystems, and protect cultural and historic resources. • CD 1-5: Maintain and enhance pedestrian and bicycle access and views to and from all local creek corridors
• CD 1-6: Emphasize landscaping as a fundamental design component, retaining mature landscaping when appropriate, to reinforce a sense of the natural environment and to maintain an established appearance.
• CD 1-8: Support art installations in public and private development projects that support and enhance Milpitas’ image.
• CD 1-10: Minimize the visual impacts of public and private communication, service, and utility facilities by requiring the provider to incorporate sensitive site design techniques, including, but not limited to the placement of facilities in less conspicuous locations, the undergrounding of facilities wherever possible, and the screening of facilities.
CD-2: Ensure project designs reinforce a sense of place, display design excellence, and are cohesive and sensitive to the surrounding build environment and natural landscape • CD 2-1: Use the project review process to encourage creative, high quality, innovative, and distinctive architectural and site designs that help create unique, vibrant places. • CD 2-2 Continue to develop and implement design standards and guidelines for residential, non-residential, and infrastructure development, both in the private and public realms, consistent with state law, to provide design and site planning approaches, landscaping, site grading and similar architectural and site planning criteria that will add design excellence, visual quality and interest to the community.
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• CD 2-3 Recognize that finite land area exists for development and that density supports retail vitality and transit ridership. Use land use regulations to require compact, low-impact development that efficiently uses land planned for growth, especially for residential development which tends to have a long life-span.
• CD 2-4 Locate site entries, parking areas, storage bays, and service areas of buildings to minimize conflicts with adjacent properties, especially residential neighborhoods. Also, parking, storage, and service areas should be sited to minimize their appearance from public right-of-ways.
• CD 2-5 Minimize the footprint of parking areas, encourage shared and alternative parking arrangements, and allow parking reductions when warranted by parking demand and/or updated parking data that demonstrate less required parking. • CD 2-6 Promote crime prevention through site and building designs that facilitate surveillance of communities by putting “eyes on the street,” And take care to avoid poor design that emphasizes security over essential design features. Design sites and buildings to promote visual and physical access to parks and open space areas . Support safe, accessible, and well-used public open spaces by orienting active use areas and building facades towards them.
• CD 2-7 Include design elements during the development review process that address security, aesthetics and safety. Safety issues include, but are not limited to, minimum clearances around buildings, fire protection measures such as peak load water requirements, construction techniques, and minimum standards for vehicular, bicycle, and pedestrian facilities and other standards set forth in local, state, and federal regulations. • CD 2-8 Minimize the visual impact of wireless telecommunication facilities by designing them as an integral architectural feature to a site or structure.
CD-3: Maintain and enhance the character and distinct identities of Milpitas’ residential neighborhoods and commercial, mixed-use, and employment districts.
• CD 3-1 Strengthen the positive qualities of the City’s neighborhoods, districts, and centers. • CD 3-2 Support the development and preservation of unique neighborhoods, districts, and centers that exhibit a special sense of place and quality of design. • CD 3-3 Ensure that new development and redevelopment reinforces desirable elements of its neighborhood, district, or center, including architectural style, scale, and setback patterns. • CD 3-4 Strengthen the identity of individual neighborhoods, districts, and centers through the use of entry monuments, flags, street signs, themed streets, natural features, landscaping , and lighting.
• CD 3-5 Ensure that new residential development and substantial additions are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics.
• CD 3-6 Encourage the rehabilitation of older residential neighborhoods, districts, and centers to prevent blight and maintain the city’s character.
• CD 3-7 Create, regulate, and enforce attractive front yards in residential neighborhoods that are open to the street.
• CD 3-8 Ensure that new residential developments in and adjacent to the city’s districts are designed to blend with existing building forms. Considerations for residential developments should include the following:
o A. Ensure that development projects with more than 2 units consist of detached units with one and two-story building elements, when located in a predominantly single- family residential neighborhood.
o B. Ensure residential unit entries face the public street.
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o C. Ensure that new development is designed to blend in with the existing building patterns of the neighborhood. For example, if the majority of the garages on the street are at the rear of the site, the new building should be designed to accommodate a rear garage.
o D. Ensure that properties designated for non-residential uses within residential areas retain the residential character and scale of development characteristic of the surrounding residential neighborhood. The development is to provide sufficient, safe pedestrian and bicycle access into and throughout the site, on-site parking, human- scaled lighting and landscape screening to minimize the commercial appearance of the use.
• CD 3-9 For commercial, multi-family, mixed-use, and employment generating projects, encourage site designs and development patterns that connect adjoining sites and function as a single center.
• CD 3-10 Design multi-family residential, mixed use, commercial, and employment-generating development in neighborhoods, districts, and centers to:
o A. Include open space and/or recreational amenities to provide visual relief from development, form pedestrian and bicyclist linkages to adjacent uses and other portions of the neighborhood, district, or center, and serve as buffers between uses, where necessary;
o B. Locate building access points along sidewalks, pedestrian areas, and bicycle routes, and include amenities that encourage pedestrian activity; o C. Create a human-scale ground-floor environment that includes public open areas that separate pedestrian space from auto traffic, or where these intersect, give special regard to pedestrian safety; and
o D. Provide comfortable pedestrian amenities, such as quality seating areas, lighting, and wide, shaded paths, along with specialized and engaging design f eatures, such as interesting fountains or public art to draw and maintain people's attention. • CD 3-11 Size and configure mixed-use development to accommodate viable commercial spaces with appropriate floor-to-floor heights, tenant space configurations, window glazing, and other infrastructure for restaurants and retail uses to ensure appropriate flexibility for accommodating a variety of commercial tenants over time. Retail commercial buildings should have primary entrances at the street at sidewalk grade, particularly in pedestrian- oriented areas.
• CD 3-12 Where a vertical mix of uses occurs, retail, restaurants, and other active uses should be located on the ground floor, with residential and/or office uses above. Also, encourage complementary architectural detailing that differentiates each use. • CD 3-13 Encourage the transition of outdated, auto-oriented suburban commercial centers into vibrant, pedestrian-oriented, commercial and mixed-use neighborhood centers
CD-4: Enhance the existing character and stre ngthen the identity and unique qualities of Milpitas’ districts.
• CD 4-1 Provide special attention to development within or adjacent to Specific Plan areas or special districts.
• CD 4-2 Incorporate identifiable and consistent design themes through architecture, landscaping, public realm improvements, historic references and signage within special districts.
• CD 4-3 Support and seek surrounding land uses and development that correspond to or enrich special districts and Specific Plan areas.
• CD 4-4 Strengthen the aesthetic, environmental and functional links between the city’s Specific Plan areas and other surrounding neighborhoods and districts
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CD-5: Provide appropriate transitions between land uses to avoid conflicts and perpetuate the community’s harmonious character
• CD 5-1 Design new development to reflect the character of the predominant existing development of the same type in the surrounding area through the regulation of lot size, street frontage, height, building scale, siting/setbacks, and building orientation. • CD 5-2 Encourage new development to connect with the surrounding community and, where possible, extend the existing street grid to integrate with adjacent neighborhoods. • CD 5-3 For new development in transition areas, use a combination of building setbacks, building step-backs, daylight planes, materials, glazing, building orientation, landscaping, and other design techniques to provide a consistent streetscape that buffers lower-intensity areas from higher intensity areas and reduces potential shade, shadow, massing, viewshed, safety or other land use compatibility concerns. • CD 5-4 Encourage context-sensitive transitions in architectural scale and character between new and existing residential development.
• CD 5-5 For infill development, incorporate context sensitive design elements that maintain compatibility and raise the quality of the area’s architectural character. • CD 5-6 Encourage the mixing of land uses, where appropriate, but provide physical separation, adequate pedestrian and bicycle infrastructure and/or buffers between incompatible land uses.
• CD 5-7 Encourage the use of creative landscape design to create visual interest and reduce conflicts between different land uses.
• CD 5-8 Require setbacks and other design elements to buffer residential units to the extent possible from the impacts of abutting roadway, commercial, and industrial uses. • CD 5-9 Avoid the blocking of public views and access by solid walls. Where solid walls are necessary, require that they be articulated through the use of color, material, and/or surface depth changes and/or screened by landscaping to avoid appearing blank. • CD 5-10 Use natural features as buffers between incompatible land uses.
CD-6: Enhance the corridors, pathways, and edges that form physical boundaries and provide transitions and connections throughout the community.
• CD 6-1 Support a complete streets approach to designing new streets and retrofitting existing streets by encouraging streets to provide stimulating settings; improve safe walkability, bicycling, and transit integration; strengthen connectivity; and enhance community identity through improvements to the public right-of-way such as sidewalks, street trees, parkways, curbs, human-scaled street lighting, and street furniture. • CD 6-2 Design private streets to appear and function like public streets. Include street trees and sidewalks and connect sidewalks to those located within the adjacent public rights-of- way.
• CD 6-3 Consider the street type of all adjacent streets in the development review process to ensure that the design of the site, buildings, and public way respond to the multi -modal priorities for the area.
• CD 6-4 Consider the relationship between street design, use of the public right-of-way, and the form and uses of adjoining development.
• CD 6-5 Promote consistent development patterns along streets, particularly by how buildings relate to the street, to promote a sense of visual order, and provide attractive streetscapes.
• CD 6-6 Require major arterial streets to feature a consistent landscape theme that includes primary street trees, groundcover, sidewalks, bike lanes, bus shelters whe re required, and lighting.
• CD 6-7 Require the planting of street trees throughout the city to define and enhance walkability and the character of the street and adjacent development. 221
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• CD 6-8 Apply special paving at major intersections and crosswalks along enhanced corridors to create a visual focal point, improve the pedestrian setting, and slow traffic speeds. • CD 6-9 Allow recreation uses adjacent to the highways, where practical, that are attractive, provide a high level of day and evening activity, and are well connected to the community. • CD 6-11 Require the pedestrian and bicycle system within a neighborhood, district, center, or project to provide efficient access to neighborhood and/or district centers and other key locations, and to connect with other pedestrian and bikeways in adjacent neighborhoods, and ultimately, to the Citywide pedestrian and bikeway trail system. • CD 6-13 Increase neighborhood connectivity in new development by requiring access for pedestrians, bicyclists, and vehicles across natural barriers (e.g., creeks) and man -made barriers (e.g., cul-de-sacs, freeways, and railroad tracks). • CD 6-14 Discourage gated subdivisions because they isolate parts of the community from others, create an unfriendly appearance, and do not support social equity or connectivity. • CD 6-15 Accomplish sound attenuation for development along City streets through the use of building placement and design rather than sound attenuation walls. When sound attenuation walls are located adjacent to expressways or freeways, or railroad lines, landscaping, public art, and/or an aesthetically pleasing and visually interesting design should be used to minimize visual impacts.
• CD 6-16 Discourage the uses of gates and fences at the frontage of commercial properties, unless required for legitimate safety or security reasons.
CD-9: Enhance the quality and character of Milpitas’ Public Spaces to provide safe , comfortable, and enjoyable passive and active recreation opportunities for all users. • CD 9-1 Promote vibrant, publicly accessible spaces that encourage gathering and other active uses. Provide adequate shading through shade structures or trees and incorporate formal and informal seating to encourage both short-term and long-term use of public spaces.
Place a variety of uses adjacent to public spaces at sufficient concentrations to encourage the use of the spaces throughout the day and night.
• CD 9-3 Encourage the incorporation of publicly accessible spaces, such as plazas and pocket parks, into new and existing commercial, multi-family, and mixed-use developments to encourage social interaction. The spaces should be appropriately scaled and programmed and compliment the characteristics of the district and/or neighborhood and the surrounding development.
• CD 9-4 Incorporate outdoor plazas or other common areas that provide space for special landscaping, public art, food service, outdoor retail sales, or seating areas for patrons in retail settings appropriate to such pedestrian activity. The plaza or other common area should be appropriately scaled to the retail use and shall be directly connected to the primary walkway. • CD 9-5 Configure buildings to provide “outdoor rooms,” including, but not limited to courtyards, paseos, and promenades.
• CD 9-6 When development is proposed adjacent to existing or planned parks or along park chains, include frontage roads along the public park in that development in order to maximize access to park lands, to provide separation between urban land uses and park lands without the use of “back-up” design, and to maximize public exposure and view of park lands for scenic and security purposes. Also, encourage development to provide common open space contiguous to such areas.
• CD 9-7 Where practical, and in compliance with ADA standards, separate common areas that provide seating from the primary walkways by informal barriers, such as planters, bollards, fountains, low fences, and/or changes in elevation.
• CD 9-8 Ensure that projects adjacent to local creeks participate in developing those portions of the creek that are not designated for conservation as a landscaped parkway and extend the landscape theme into creekside developments to enhance exposure to the creeks, provide passive recreation (seating areas) and integrate the creeks with new development. 222
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• CD 9-9 Create a high-quality, safe pedestrian experience in commercial and mixed use areas through the use of street trees, public art, street furniture, and public gathering spaces .
Using signage, art, and unique uses, entice and encourage people to walk and explore the commercial cores of Milpitas.
• CD 9-10 Support the conversion of on street parking spaces, located within and adjacent to commercial and mixed-use districts and activity centers, into parklets for outdoor and café seating, bicycle parking, and transit and rideshare stops. • CD 9-11 Reinforce the distinctive public spaces with design elements reflected in the streetscape, landmarks, public art, and natural amenities. • CD 9-12 Continue to require the inclusion of art in public projects and encourage its placement in private development projects to improve the quality of life in the city. Emphasize art that draws upon the local history and is placed at locations accessible to the public.
CD-10: Design buildings, sites, and streets to enhance pedestrian and bicycle mobility. • CD 10-1 Prioritize pedestrian and bicycle connections to transit, community facilities (including schools), commercial areas, and other areas serving daily needs. Ensure that the design of new facilities can accommodate significant anticipated fu ture increases in bicycle and pedestrian activity.
• CD 10-2 Integrate comfortable and convenient pedestrian elements into building design, including, but not limited to walkways, plazas, and terraces and protect pedestrians from extreme climatic conditions.
• CD 10-3 Encourage a street grid with lengths of 600 feet or less to facilitate walking and biking. Use design techniques such as multiple building entrances and pedestrian paseos to improve safe, clearly designated pedestrian and bicycle connections withi n blocks and projects.
• CD 10-4 Design sidewalks to create a safe, comfortable pedestrian experience by making sidewalks sufficiently wide to support circulation and outdoor activities related to adjacent land uses, planting a continuous trees canopy, and placing sidewalk furniture on regular, frequent intervals that do not impede travel or accessibility.
• CD 10-5 Install pedestrian and bicycle path connections between residential neighborhoods, commercial centers, schools, parks and other key community activ ity nodes, where feasible. Require these improvements to be made as part of new development projects. • CD 10-6 Require developers to provide pedestrian amenities, such as trees, lighting, sidewalk furniture, awnings, and art in pedestrian areas along projec t frontages. • CD 10-7 Require pedestrian-scale improvements for new residential developments and large additions, such as front porches and placement or orientation of the garage away from the street, or recessed from the frontage of the homes’ living space. • CD 10-8 Encourage mobility in urban, pedestrian-oriented districts and centers by placing building frontages at or near street facing property lines, orienting entrances onto the adjoining sidewalks, providing landscaping and high-quality pedestrian and bicycle facilities, and discouraging parking areas located between the front of buildings and the street. • CD 10-9 Within new development, create and maintain a pedestrian and bicyclist-friendly environment by connecting the internal components with safe, convenient, accessible, and pleasant pedestrian and bicycle facilities and require pedestrian and bicycle connections between building entrances, other site features, and adjacent public streets. • CD 10-10 Within private developments that include multiple streets, encourage the construction of multi-use paths to provide direct pedestrian and bicycle linkages between streets and beyond the project.
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• CD 10-11 Encourage pedestrian cross-access connections between adjacent properties and require pedestrian and bicycle connections to streets and other public spaces, with particular attention and priority given to providing convenient access to transit facilities. Provide pedestrian and vehicular connections with cross-access easements within and between new and existing developments to encourage walking and minimize interruptions by parking areas and curb cuts.
• CD 10-12 Ensure that new development provides visual and pedestrian and bicycle linkages with local creeks.
CD-11: Enhance Milpitas’ commitment to sustainable design by minimizing negative environmental impacts and utilizing resources efficiently.
• CD 11-1 Design buildings to allow the sun to reach adjoining and nearby sidewalks and plazas in the winter and protect pedestrians from the sun and rain. • CD 11-2 Encourage passive solar design and energy-efficient concepts, including, but not limited to natural heating and/or cooling, sun and wind exposure and orientation, and other solar energy opportunities.
• CD 11-3 Encourage the orientation of solar collectors away from public view and/or the design the features as an integral element of the roof structure. • CD 11-4 Encourage architectural elements that contribute to a building’s character, aid in climate control, and enhance pedestrian scale. The elements include, but are not limited to canopies, roof overhangs, projections or recessions of stories, balconies, reveals, and awnings. • CD 11-5 Encourage the use of building materials that conserve energy and material resources.
• CD 11-6 Encourage the expansion of the city’s urban forest canopy, comprised of street trees and trees located on private property and in open spaces. Emphasize the importance of placing trees in locations with significant hardscaping, such as parking areas. • CD 11-7 Reduce the use of highly-reflective and/or transparent building materials in order to reduce the potential for bird strikes and other harm to wildlife. • CD 11-8 Encourage low-impact development, including but not limited to, bioretention cells/rain gardens, cisterns and rain barrels, green roofs, pervious concrete/porous pavement, bioswales, and media filters.
• CD 11-9 Encourage the use of green roofs, which help reduce the heat island effect. • CD 11-10 Consider expanding the City’s Green Building Program to include additional incentives, above and beyond expedited building permit processing, for projects that incorporate sustainable design approaches and/or elements that exceed local, regional, and state requirements.
• CD 11-11 Continue to apply and expand the Climate Action Plan to increase the energy efficiency of development.
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B. Best Practices Research
The following documents were reviewed and considered.
• Tasman East Specific Plan (Santa Clara)(2020)
• Patrick Henry Specific Plan (Santa Clara)(2021)
• Pier 70 Design for Development (San Francisco, CA)(2018) • El Camino Specific Plan (Redwood City, CA)(2017)
• Peery Park Specific Plan (Sunnyvale, CA)(2016)
• Lawrence Station Area Plan (Sunnyvale, CA)(2015)
• Lawrence Station Area Plan (Santa Clara)(2016)
• Vallco Specific Plan (Cupertino, CA)(2018)
• Warms Springs Community Plan (Fremont, CA)(2020)
• Redwood City Downtown Precise Plan (Redwood City, CA)(2018) • City of Burlingame Downtown Specific Plan (Burlingame, CA)(2018) • Pleasant Hill BART Station Property Code (Walnut Creek, CA)(2002) • Beaverton Downtown Design District Development Code (Beaverton, OR)(2020) • Balboa Reservoir Design Standards and Guidelines (San Francisco, CA) • Morgan Hill Objective Design Standards (Morgan Hill, CA) • City of Henderson Development Design Standards (Henderson, NV) • City of Beaufort Building Design & Infill Standards (Beaufort, SC) • Buffalo Green Unified Development Ordinance (Buffalo, NY) • City of Portland Multi-Dwelling Zoning Zones (Portland, OR) • San Pablo Avenue Specific Plan (El Cerrito, CA)(2014) • Tigard Downtown Plan District (Tigard, OR)
• LEED Neighborhood Development (2018)
• SmartCode Version 9.2 (2009)
• Marin County Objective Design and Development Standards (2020) • City of San Jose Downtown Development Guidelines (San Jose, CA)(2019) 225
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C. Staff Feedback: Notes
Planning Staff Check-in. March 1, 2021
Participants: Jessica Garner, Jay Lee, Krishna Kumar, Lillian VanHua, Adrienne Smith, Ro salynne Thompson, Michael Fossati, Avery Stark
1) Development Review
Specific Plans: experiences with enforcement + regulation + update process • Midtown: it does include design guidelines but it needs to be resolved with the limited design guidelines that exist in code + the design guidelines are scattered throughout the document o Developers have difficulty providing building articulation and detailing based on the current guidelines: they are submitting basic massing forms that lack definition o Midtown SP's current design guidelines are considered outdated and no longer relevant/appropriate
• Midtown: the plan has built-in land uses which serve as constraints (ex. mandatory ground- floor retail: difficult attracting developers who are willing to develop mixed-use and have it pencil out)
o Is it possible to encourage greater emphasis of building form rather than specific and prescriptive building use in order to provide greater flexibility: ex. the goal should be to prioritize and encourage an attractive ground-floor environment for pedestrians:
this does not need to be accomplished exclusively through mandating ground-floor retail establishments
Staff Changes
• Issues of subjectivity in the existing code: leads to confusion on the part of designers and developers, leading planning staff to identify and share precedent images as good examples (not sustainable)
o Developers are typically flexible, but this bespoke/subjective process has resulted past conflicts: the iterative re-submittal process hasn't always netted constructive results from a building form perspective
▪ This lack of response to staff suggestions is moreso a developer-driven incentive, not architect/designer (not that the architects aren't susceptive to combative review processes)
• Concerns regarding building heights: developers wish to encourage greater density, but the code lacks language that helps break down building form to a pedestrian-friendly scale • Modular buildings is a developing concern, especially on larger sites where developers are keen on the convenience and efficiency of modular design o A designated set of regulations that suite a modular project would be helpful:
especially some mechanism for attaining building modulation and articulation (when you know the individual inputs are standardized)
o Who are the modular developers and designers active in the Bay Area: Factory OS, Architects Orange (City will try to pass on a list of developers that the City has engaged with)(R+A will engage directly with them)
• Trees and landscaped medians + colors: development review is conflicting with inter- and intra-departmental review (ex. building/public works + PG&E will disagree with tree placement)
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o Current streetscape regulation is also outdated, but an update process would require an engagement with other city departments (particularly public works) • Possible to identify different street typologies (ex. major thoroughfares and arterials vs. local streets)(Montague Ave) with regards to how they interact with building form, ROW design, landscaping, etc: implementing a consistent but context-specific scale o Uncertain how R+A might address this: our project is a city-wide effort that may not manage to address specific locations
• Balcony space, especially with regards to use and application: is it possible to build-in better/more successful screening (because in practice, individuals are using their balcony space as storage which is highly unattractive
• Patios w/scuppers (?): current application has been shoddy, can we require higher-quality materials/standards
• HVAC (esp. AC units in townhome contexts): need for better concealment and placement within the development; keeping these units away from private open spaces • Mailbox placement: Postmaster desires (key stakeholder), Building, Planning, individual service providers (FedEx, Amazon, grocery delivery, etc.) - especially difficult in approaching town house developments
2) Objective Standards
Best Practices
• The wrapped/hidden garages has been successful from the perspective of staff (1380 Main...?) • Standards that don't become immediately outdated within the next design aesthetic cycle is difficult: the response by some cities has been to be incredibly prescriptive/strict vs. incredibly flexible (borderline-subjective)
o R+A has proposed in previous projects a menu of options to provide some built-in flexibility, but perhaps the most significant alterations can be done to massing and articulation
• Could we bake-in a degree of discretionary review? (developer satisfies nearly all of the standards, but needs to collaborate and negotiate with staff to conclude the final _%) Examples
• Main Street Milpitas: city managed to negotiate a street-facing plaza/OS that doesn't rely on ground-floor retail (rather, community space on the ground-floor: hides garage, makes the area more lively; ride-share pick-up/drop-off point; transit stop) + public art contribution built into the structure (decorative building elements) as well as site-level (water feature located within public ROW (easement): controversial for public works, but attractive to planning - reiterating the need for standards that are agreeable between planning and other city departments)
o Ground-floor has a higher floor-to-ceiling height (irrespective of the use) o underground utilities must be harmonious with street trees (planter boxes perhaps) • Sunnyvale development (along Mathilda): successful transition between townhouse design/facade on the local street-facing edge of the development + a different finish along the major arterial
o townhouse patios/balconies however are problematic
• Montague Site (bad): color palette leaves a bit to be desired (too dark and saturated: higher maintenance and upkeep costs, even though the public is typically attra cted to these types of colors)
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Development Review Committee. March 4, 2021
Participants: Jessica Garner, Jay Lee, Rosalynne Thompson, Albert Azamora, A. Prince, Roberto Alonzo, Avery Stark, Jaime Garcia, Jeremy Wu, Krishna Kumar, Tegan McLane, Betty Chan, Steve Chan, Alex Andrade
1) General design guidance: what needs to be addressed in policy • Easily accessible mail boxes: we end up with a cluster of mailboxes typically located on a public street where residents are effectively having to double-park in order to access their mail • Solid waste handling: standardization detailing what all residential (especially condo + apartments) are required to meet; especially space for loading and offloading (might be separate from solid waste?)
• Accommodating new methods of transportation (especially rideshare + delivery): these vehicles lack designated parking areas; lack of signage; lack of loading areas or what areas exists are too small for standard delivery vehicles
o related: parking or designated transit areas/stops that prevent traffic congestion further down the street
• From a public safety perspective: adequate move-in and move-out areas for residents o EVA access especially in mixed-use contexts: negotiating commercial parking + residential parking with emergency access (it's not often clear where EVA access is located)
o Location and placement of public parking
• Standards for retail parking that differs from residential parking: there needs to be more generous allocation for vehicular access
2) Secondary requests that may not be within our scope of work • Greater objectivity regarding public art (what constitutes or satisfies public art) - Tegan McLane says that the Public Art Ordinance is clear, but perhaps the commission could do a better job of enforcement and communication/outreach of expectations • Design of second story additions: ADUs that are two-stories or located on a second story (moreso a single-family issue which is not included in the current scope of work) • other related issues: line of sight; privacy; massing 228
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Milpitas Residential
and Mixed-Use
Objective Design
Standards
Public Draft
June 2022
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Table of Contents
1 Purpose and Applicability ............................................................................................................................................ 3
1.1 Purpose ............................................................................................................................................................... 3
1.2 Organization of Object Design Standards ............................................................................................................. 4
1.3 Applicability......................................................................................................................................................... 4
1.4 Definitions ........................................................................................................................................................... 6 2 Site Planning ............................................................................................................................................................... 9
2.1 Block Structure .................................................................................................................................................... 9
2.2 Mid-Block Connections ...................................................................................................................................... 10
2.3 Shared/Publicly Accessible Open Space (Large Sites/Master Planned Only) ........................................................ 15
2.4 Services and Utilities (Large Sites/Master Planned Only) .................................................................................... 17 3 Site Design ................................................................................................................................................................ 18
3.1 Sidewalk Design ................................................................................................................................................. 18
3.2 Building Orientation .......................................................................................................................................... 19
3.3 Building Setback Character ................................................................................................................................ 20
3.4 Ground Floor Uses ............................................................................................................................................. 22
3.5 Access and Parking ............................................................................................................................................ 25
3.6 Landscaping....................................................................................................................................................... 27
3.7 Utilities, Service Areas, and Building Equipment ................................................................................................. 29
3.8 Site Lighting ....................................................................................................................................................... 31
3.9 Standards for Special Conditions and Adjacencies .............................................................................................. 32 4 Building Design.......................................................................................................................................................... 37
4.1 Small and Medium Building Types...................................................................................................................... 37
4.2 Large and Extra-Large Building Types ................................................................................................................. 43
4.3 Façade Design (L)(XL) ......................................................................................................................................... 49 5 Building Elements...................................................................................................................................................... 59
5.1 Ground Floor Design .......................................................................................................................................... 59
5.2 Residential Unit Entry Types .............................................................................................................................. 61
5.3 Fenestration Design ........................................................................................................................................... 65
5.4 Green/Productive Roofscapes ............................................................................................................................ 66
5.5 Building Materials .............................................................................................................................................. 68 6 Usable Open Space.................................................................................................................................................... 69
6.1 Rules for Distribution of Open Space .................................................................................................................. 69
6.2 Open Space Types ............................................................................................................................................. 69 230
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1 Purpose and Applicability
1.1 Purpose
1.1.1 Overview
The development of residential multi-family projects and mixed-use projects in the City of Milpitas is regulated by a variety of documents including the General Plan, Zoning Ordinance, Specific Plans, and other topic specific ordinances. Following the passage of California State Senate Bill 330 (SB 330), the City of Milpitas is required to adopt objective design standards and streamline its housing development and review process to ensure high quality design and facilitate the efficient delivery of new residential units.
Senate Bill 330 (SB 330) defines objective design standards as any standard that: “[Involves] no personal or subjective judgment by a public official and that is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal of an application.” (SB 330, Section 66300.7) These standards contain concise and quantifiable language that are designed for consistent interpretation by applicants, reviewers, and approval bodies alike.
1.1.2 Goals
The purpose of these objective design standards is to provide city-wide regulations that allow flexibility in design but require applicants of multi-family or mixed-use projects featuring residential use to adhere to a clear set of rules that facilitate an efficient review process and result in buildings that are appropriate for their context and environment.
In application, these objective design standards are intended to accomplish several key goals:
• Preserve the character of Milpitas’ neighborhoods by balancing the form and design of existing development with new construction techniques.
• Encourage human-scaled buildings that adhere to existing zoning regulations and promote high quality site and building design.
• Emphasize a pedestrian-oriented environment where buildings and public realm design are cohesive and complementary of a diverse range of uses.
1.1.3 Additional Documents
Development across Milpitas may be subject to additional regulations other than the standards detailed in this document. Because development projects throughout the City are unique by use, character, needs and geographic location, no single document or process can address all aspects of project design. Please refer to these documents for additional information and standards that may apply to specific or unique development contexts.
This list is not exhaustive, and applicants may be required to satisfy other standards during the time of development review. Where a conflict exists between the standards in this document and the Zoning Ordinance, this document shall prevail. Where a conflict exists between the standards in this document and Specific Plans, those Specific Plan regulations shall prevail.
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• General Plan 2040
• Milpitas Zoning Ordinance
• Midtown Specific Plan (update pending)
• Metro Specific Plan (update pending)
• Bicycle/Pedestrian & Trails Plan
(update pending)
• Climate Action Plan (2013, update pending)
• Housing Element (2015, update pending)
• Parks & Recreation Master Plan (2021)
• Streetscape Master Plan (2000)
• Utilities Master Plan (update pending)
1.2 Organization of Object Design Standards
The Objective Design Standards are organized into a preamble, Purpose and Applicability and four sections: Site Planning, Site Design, Building Design, and Usable Open Space. The purpose outlines the high-level goals of the section and draws from Goals and Policies of the Milpitas General Plan 2040. Within each section, subsections organize one or more design standards that will regulate specific design guidance. The design guidance is provided for each subsection with an intent statement that outlines General Plan 2040 and other planning policies and specific intent of the standards that follow.
1.3 Applicability
1.3.1 Applicable Project Types
These Objective Design Standards apply to all new construction projects that meet the following criteria:
1. Multi-family projects. Defined as a project consisting of multifamily residential uses only with 2 or more Dwelling Units
2. Mixed-use projects, featuring a combination of residential and other uses. Defined as a project consistent of a mix of multifamily residential and nonresidential uses, where at least two-thirds of the square footage of the development is designated for residential use All other project types, including single-family homes, commercial-only projects, and interior renovations less than 30% of floor area are not subject to these objective design standards but must satisfy existing development standards in the Zoning Ordinance, and Specific Plan Guidelines (if applicable).
1.3.2 Design Standards by Building Type and Project Size The Objective Design Standards provide design standards based on the size of a project and building size. For “Large/Master Planned” projects (see definition below), unique Site Planning standards apply to ensure new large-scale development projects integrate within the fabric of the existing community, are designed to accommodate pedestrian access and activity, and encourage walkability. Specific Building Design standards are provided by the type and size of buildings. The applicability of the size-based standards is indicated in parentheses following the Design Standard’s title. The name and definition of project size and building types are as follows:
Large Sites/Master Planned Projects
• Sites greater than 5 acres, and
a. Any one of the following:
• Sites requiring subdivision (but not including subdivisions internal to buildings for condominium division):
a. Sites with a horizontal mix of uses; or
b. Development project including new public or private streets 232
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Building Types
• (S) Small - House-like/Multiplex Buildings
a. Up to 3 stories
b. Maximum height of 35 feet
c. Building types include cottage clusters, duplexes, triplexes, fourplexes, or combinations of these types.
• (M) Medium – Middle Housing
a. Up to 4 stories
b. Maximum height of 45 feet
c. Building types include rowhouses, walk-up multi-plex buildings, garden style apartments • (L) Large – Mid-rise Buildings
a. Greater than 4 stories
b. Up to 90 feet in height
c. Occupied finished floor less than height of 75 feet
d. Building types include mid-rises, podium buildings, wrapped structures • (XL) Extra Large – High-rise Buildings
a. Any building greater than 90 feet in height.
b. Any building with an occupied finished-floor greater than 75 feet in height.
1.3.3 Special Conditions in Site Design
Section 3.9 provides specific Site Design standards for special conditions depending on adjacent conditions.
These design standards supersede other design standards for the applicable condition listed. Special conditions consider adjacency to the following:
• Lower Density Development
• Major Roadways
• Freeways
• Railroads
• Natural Areas/Creeks/Channels
1.3.4 Exceptions and Exemptions
All applicable projects are required to comply with Objective Design Standards. Should a project not be able to or choose not to adhere to the Objective Design Standards, a project may seek approvals through the following paths:
1. Minor Exceptions and Exemptions. If an applicant is unable to meet certain Objective Design Standards, applicant may request up to three (3) exceptions/exemptions. This allows for limited discretionary review and flexibility for projects that may have a physical constraint or alternative architectural solution to specific standards. Direct of Planning will have full right to deny a project requesting these exceptions/exemptions.
a. Requests shall be made by the applicant in writing to the Director of Planning. 233
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b. Applicants requesting an exception/exemption shall provide findings on how their project meets the Purpose and Intent statement for each topic where the exception/exemption is requested. c. Applicant shall document constraints to meeting the standard. d. Exceptions/exemptions from quantitative standards shall not deviant more than 10% plus or minus from the standard.
2. Discretionary Review Path. Applicant may choose the Discretionary Review Path if they choose not to meet the Objective Design Standards. The Discretionary Review Path voluntarily takes a project outside of requirements including time of review and limit on number of public meetings for projects seeking non-discretionary approvals based on SB330.
a. Applicant shall provide findings on how their project meets the Purpose and Intent statement for each Topic in ODS
b. Applicants may be subject review by the Planning Commission c. Applicants may be subject to community meetings
1.4 Definitions
Active Frontage: Active frontages are building frontages with active uses where there is a visual engagement between those in the street and those on the ground floor. Active uses are uses that generate many visits, in particular pedestrian visits, over an extended period of the day. Active uses may be shops, cafes, other social uses, and shared assessor spaces. Higher density residential and office uses also can be active uses for particular periods of the day by providing additional entries to individual units or ground floor office spaces Block Length: The length of parcel or series of parcel measuring from the edge of one public right-of-way or public access easement to another.
Building Façade Length: The overall length of a façade without a full break in the building.
Build-To-Zone: The area between the minimum and maximum setback lines within which a building’s front façade is to be located.
Chicane: A traffic calming measure that includes horizontal shift in the drive lane(s) that is meant to slow vehicle speeds.
Development Parcel: Any tract of land on which development can occur. This includes platted lots and un- platted parcels but excludes any public right-of-way.
Façade Plane: Any stretch of a building façade existing along the same axis line, regardless of pattern differentiation or change in rhythm.
Façade Composition: The expression of a façade through a variety of techniques such as forms, patterns, fenestration, elements, details, materials, texture, finishes, etc. Façade Composition is used to create the architectural character and design theme of a building.
Façade Modulation: A change in building plane though the recess or projection of sections of a façade with a minimum depth of 2 feet. Façade Modulation is used to shape a building’s exterior massing.
Foot-candle: A foot-candle is a non-SI unit of illuminance or light intensity. The foot-candle is defined as one lumen per square foot.
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Human-Scaled Architecture: Building and urban design elements designed to meet the proportional, physical, and psychological needs of the human body. This could include creating a walkable block structure, architectural elements and details that are visible and perceivable to pedestrians, and building massing the reflects the rhythm, pattern, and size of interior spaces.
Landscaped Area: Surface area dedicated for planting of trees, shrubs, flowers, grass, ground cover, or other horticultural elements.
Mid-Block Connection: A public right-of-way or private land area with a public access easement that connects from one public right-of-way to another public right-of-way.
Pedestrian Pathway: A walkway or sidewalk that connects into or through a development.
Planter: An above grade container for planting.
Podium: The lower floors of a building that form the “base” of a building typically including a courtyard level above. Podiums typically include structured parking, a courtyard level above, a different and larger floorplate than floors above, and may be a different construction type than the rest of the building.
Podium Level: The level directly above the Podium. The Podium Level typically includes a courtyard, a smaller building area than the levels below, and a change in construction type.
Primary Building Frontage: The building frontage that abuts the most primary of streets, Pedestrian Pathway, or Mid-Block Connection surrounding the building. In the case of a through-lot, the primary building frontage could be on either public right-of-way.
Primary Building Entry: The entrance to a building typically leading to a lobby, courtyard or other large, shared space that is accessed from the primary building frontage.
Primary Façade Plane: Majority area of the façade that is in the same plane.
Private Street: Any street that is not owned by the City. Private streets often have public access easements to allow passage into or through a private development.
Publicly Accessible Open Space: Public Open Spaces that are provided on private property with a public access easement and most often built and maintained by a private entity.
Shared Street/Woonerf: A type of street that includes shared spaces between pedestrian and vehicles. These streets are meant for very low speeds and may not include curbs.
Sidewalk and Sidewalk Design Terms: Sidewalks are divided into three zones from the curb to the building face:
1. Landscape/Furniture Zone,
2. Pedestrian Clear Zone, and
3. Frontage/Setback Zone.
The Landscape/Furniture Zone is where street trees, traffic control devices, and lighting are located, and provides a buffer between where people walk and the street. The Pedestrian Clear Zone is where movement of people is the priority. Sidewalks or other hardscape surfaces meant for foot traffic are its defining component.
Last is the Frontage/Setback Zone, which is on private property and provides a transition or buffer between buildings and the public realm and allows people to access buildings without interfering with pedestrian 235
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movement. Sidewalks in public and private streets shall be designed in accordance with the zones illustrated in Figure 1 (Description of Zones) and Figure 2 (Illustrative Sidewalk Sections).
Figure 1. Description of Zones
Frontage Sidewalk Street
Building
Setback Frontage Area Pedestrian
Clear Zone Landscape/Furniture Zone Vehicles/Bike Lanes Mixed-Use
• Sidewalk Dining
• Outdoor Displays
• Public Art
• Seating
• Trees/Planting
Residential
• Stoops
• Porches
• Front Yards
• Trees/Planting
• Sidewalk
• Street Trees/Planting
• Street Lighting
• Seating
• Bike Parking
• Public Art
• Outdoor Dining
• Bus Shelters
• Utilities (e.g., hydrants)
• Street Parking
• Bike Lanes
• Drop-off Zones
• Parklets
• Bus Stops
• Railroad tracks
Figure 2. Illustrative Sidewalk Sections
Mixed-Use Frontage
Residential Frontage
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2 Site Planning
Purpose
• To provide standards for the public realm including sidewalks, streets, and publicly accessible open spaces. These spaces may be public or privately owned.
• To set building standards and define building envelope • To provide standards to divide up large blocks and/or create planned communities with multiple buildings or parcels.
Intent
• To ensure walkability, connectivity, and appropriately scaled buildings by creating pedestrian-scaled blocks with streets, paths, and open spaces for people to gather and connect throughout the city.
2.1 Block Structure
Intent
• Integrate new large-scale development projects into the fabric of the existing community (LU 5-1) • Reduced block size in new developments to develop a grid or modified grid network to enhance walkability (CIR 1-5)
• Provide pedestrian and vehicular connections with cross-access easements within and between the existing developments to encourage walking. (CD 10-11)
2.1.1 Maximum Block Length
1. All projects shall have maximum Block Length of 400 feet and a maximum perimeter length of 1,400 feet.
2. Existing, new, or assembled parcels or blocks with a Block Length greater than 400 feet shall provide at least one Mid-Block Connection that connects from one public right-of-way to another public right-of- way or public access easement.
3. Mid-Block Connections may be one of the following:
a. Public Street
b. Paseo/Pedestrian Path
c. Shared-Street/Woonerf
d. Private Street
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4. Mid-block Connections shall include Public Access Easements for all pedestrian pathways and vehicle lanes (if provided).
2.2 Mid-Block Connections
Intent
• Support a complete streets approach to designing new streets and retrofitting existing streets by encouraging streets to provide stimulating settings; improve safe walkability, bicycling, and transit integration; strengthen connectivity; and enhance community identity through improvements to the public right-of-way such as sidewalks, street trees, parkways, curbs, human-scaled street lighting, and street furniture. (CD 6-1)
• Design private streets to appear and function like public streets. Include street trees and sidewalks and connect sidewalks to those located within the adjacent public rights-of-way. (CD 6-2) • Within private developments that include multiple streets, encourage the construction of multi-use paths to provide direct pedestrian and bicycle linkages between streets and beyond the project. (CD 10-10)
2.2.1 Minimum Building Setbacks for private streets and publicly accessible pedestrian pathways
1. Primary building frontages for residential buildings shall be set back a minimum of 5 feet from a public access easement or back of pedestrian pathway, whichever is closer to the building frontage.
2. No building setbacks are required along alleys.
2.2.2 Public Streets
1. Public Streets shall meet public right-of-way street standards as described by the Milpitas Engineering Department (https://www.ci.milpitas.ca.gov/milpitas/departments/engineering/standard-details-and- specifications)
2. Where provided, curbs shall be a minimum 6" in height. Rolled curbs are prohibited.
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2.2.3 Paseo/Pedestrian Path
1. Minimum width (building-to-building):
a. Minimum width of 20 feet for all conditions.
b. For any segment of a paseo/pedestrian paths with adjacent buildings greater than 35 feet in height, the building-to-building dimension shall exceed a minimum building height to width ratio of 1.5 to 1. (example 35’ building height:23.3’ path width; 65’ building height:43.3’ path width).
Minimum required building-to-building width shall not exceed 50 feet regardless of adjacent building heights.
2. Minimum Pedestrian Pathway width: 8 feet
3. Minimum public access easement width: 8 feet or 1/3rd of overall width, whichever is greater.
4. Diagrammatic sections showing options for compliance:
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2.2.4 Shared Street/Woonerf
1. Minimum width (building-to-building):
a. Minimum width of 54 feet for all conditions.
b. For any segment of a shared street/woonerf with adjacent buildings greater than 35 feet in height, the building-to-building dimension shall exceed a minimum building height to width ration of 1.2 to 1. Minimum required building-to-building width shall not exceed 75 feet regardless of adjacent building heights.
2. Sidewalks:
a. Shall be located on at least one side of the street
b. Minimum 6 feet pedestrian clear zone sidewalk width on one side of the street c. Minimum width of 12 feet including landscape/furniture zone area; minimum 5-foot-wide landscape/furniture zone area
3. Vehicle Access:
a. Vehicle throughway shall include two through lanes with a minimum width of 18 feet* (*Fire Department requirements supersede minimum width standards) b. Vehicle access shall chicane (horizontal shift in throughway) at least once per every 150 feet of street length
c. If provided, parking/loading/flex lanes shall have a minimum width of 7 feet d. If no sidewalk is provided adjacent to the through lane, a minimum 5-foot-wide planting area shall be provided between throughway and edge of easement.
4. Minimum public access easement width (if required):
a. 42 feet
5. Diagrammatic sections showing options for compliance:
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2.2.5 Private Street
1. Minimum width (building-to-building), whichever is greater:
a. Minimum width of 54 feet for all conditions.
b. For any segment of a shared street/woonerf with adjacent buildings greater than 35 feet in height, the building-to-building dimension shall exceed a minimum building height to width ration of 1.2 to 1. Minimum required building-to-building width shall not exceed 75 feet regardless of adjacent building heights.
2. Sidewalks:
a. Shall be located on both sides of the street
b. Minimum 6 feet pedestrian clear zone sidewalk width
3. Landscape/furniture zone:
a. Shall be located on both sides of the street.
b. Minimum width of 6 feet
c. Shall be located in one of the following locations:
i.) Between the Pedestrian Clear Zone and curb; or
ii.) Within parking/loading/flex area if the planting areas are a minimum length of 6 feet and occur at a minimum of one per every 40 linear feet.
4. Vehicle Access:
a. Through lanes shall have minimum width of 9 feet*
(*Fire Department requirements supersede minimum width standards) b. If provided, parking/loading/flex lanes shall have a minimum width of 7 feet. c. Where provided, curbs shall be a minimum 6" in height. Rolled curbs are prohibited.
5. Minimum public access easement width (if required):
a. 44 feet
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6. Diagrammatic sections showing options for compliance:
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2.3 Shared/Publicly Accessible Open Space (Large Sites/Master Planned Only) Intent
• Promote vibrant, publicly accessible spaces that encourage gathering and other active uses. Place a variety of uses adjacent to public spaces at sufficient concentrations to encourage the use of the spaces throughout the day and night. (CD 9-1)
• Encourage the incorporation of publicly accessible spaces, such as plazas and pocket parks, into new and existing commercial, multi-family, and mixed-use developments to encourage social interaction. The spaces should be appropriately scaled and programmed and compliment the characteristics of the district and/or neighborhood and the surrounding development. (CD 9-3) • Configure buildings to provide “outdoor rooms,” including, but not limited to courtyards, paseos, and promenades. (CD 9-5)
• Maximize public exposure and view of park lands for scenic and security purposes. (CD 9-6)
2.3.1 Required Publicly Accessible Open Spaces
1. Shared Publicly Accessible Open Space shall be required for all Large Site/Master Planned Site projects.
These requirements are in addition to minimum Usable Open Space requirements provided in Section
5.2 or provided for in the Zoning Code. Publicly Accessible Open Space provided to meet the requirement below may be counted towards the Park and Open Space Requirements in Section XI-1-9 (Park Dedication) of the Milpitas Subdivision Ordinance (Title XI, Chapter 1) a. For projects with an average building height less than 45 feet, Publicly Accessible Open Spaces shall be equal to or greater than 5% of lot area.
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b. For projects with an average height greater than 45 feet, Publicly Accessible Open Spaces shall be equal to or greater than 10% of lot area.
2.3.2 Minimum Design Requirements
1. Publicly Accessible Open Space shall include one contiguous open space that is equal to or greater than 1/3 of the required Publicly Accessible Open Space area.
2. Publicly Accessible Open Space shall have a minimum length and width of 40 feet.
3. Publicly Accessible Open Spaces shall be located adjacent to a public right-of-way, or visible from a public right-of-way and connected to a public sidewalk with a public access easement with a pedestrian pathway that is less than 100 feet in length.
4. A public access easement shall be provided for the entire Publicly Accessible Open Space.
5. Required building setback areas shall not be counted as Publicly Accessible Open Space.
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2.4 Services and Utilities (Large Sites/Master Planned Only)
2.4.1 Mail Delivery
1. The following standards shall be met for all projects but may be superseded by USPS requirements. a. All Large Sites/Master Planned Projects shall meet with U.S. Postmaster for project review prior to submittal of plans to the City for review.
b. Mailbox(es) within a single multifamily or mixed-use building shall be located within shared lobbies. If a shared lobby is not provided, mailboxes shall be located adjacent to a primary pedestrian pathway.
i. Mailbox(es) shall not be located such that access is situated from a public street or public sidewalk adjoining a public street.
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3 Site Design
Purpose
• To set standards for building orientation, site access, landscaping, and utilities. • To enhance public safety through strategic environmental design • To define special conditions and set unique standards for these locations. • To define location and uses for active frontages.
Intent
• To ensure quality design and site layouts that increase pedestrian comfort and safety, increase pedestrian and occupant activity, encourage visual connections between inside and outside spaces, and add to the interest and character of the place.
3.1 Sidewalk Design
Intent
• Support a complete streets approach to designing new streets and retrofitting existing streets by encouraging streets to provide stimulating settings; improve safe walkability, bicycling, and transit integration; strengthen connectivity; and enhance community identity through improvements to the public right-of-way such as sidewalks, street trees, parkways, curbs, human-scaled street lighting, and street furniture. (CD 6-1)
• Design sidewalks to create a safe, comfortable pedestrian experience by making sidewalks sufficiently wide to support circulation and outdoor activities related to adjacent land uses, planting a continuous trees canopy, and placing sidewalk furniture on regular, frequent intervals that do not impede travel or accessibility. (CD 10-4)
3.1.1 Effective Sidewalk Widths
1. For projects fronting a public street right-of-way, sidewalks shall meet the following standards:
a. Residential projects. A minimum effective sidewalk width of 12 feet with a minimum 6-foot- wide pedestrian clear zone and 5-foot-wide landscape/furniture zone. b. Mixed-use projects with ground floor commercial. A minimum effective sidewalk width of 15 feet with a minimum 9-foot-wide clear pedestrian zone and 5-foot-wide landscape/furniture zone.
c. Public Service Utilities Easement (PSUE). Where a PSUE exists on a property, developer shall work with City to determine how the PSUE will relate to Objective Design Standards. Generally, PSUE will take precedence over ODS.
2. If the existing public sidewalk does not meet this minimum standard, a public access easement in the setback area shall be granted to extend the sidewalk width to the required minimum dimensions. 246
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3. Building setbacks shall be measured from back-of-walk or new back-of-walk (after dedication/easement).
3.2 Building Orientation
Intent
• Promote consistent development patterns along streets, particularly by how buildings relate to the street, to promote a sense of visual order, and provide attractive streetscapes. (CD 6-5) • Configure buildings to provide “outdoor rooms,” including, but not limited to courtyards, paseos, and promenades. (CD 9-5)
• Locate building access points along sidewalks, pedestrian areas, and bicycle routes, and include amenities that encourage pedestrian activity. (CD 3-10 B)
3.2.1 Building Frontages
1. Primary building frontages for all residential buildings or mixed-use buildings shall face a public sidewalk or publicly accessible pathway.
3.2.2 Pedestrian Connections
1. Primary entries to buildings or units shall be connected to a public sidewalk or publicly accessible pathway with a pedestrian pathway with the following minimum width dimensions:
a. Single-family home/single residential unit: 3.5 feet b. Entrances serving 2 units: 4 feet
c. Entrance serving 3 to 8 units: 5 feet
d. Entrance serving 8 to 20 units: 6 feet
e. Entrance serving more than 20 units: 8 feet
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3.2.3 Building Setback/Build-to-Zone
1. Buildings shall occupy a minimum percentage of the Build-to-Zone. The Build-to-Zone is defined as the area between the minimum and maximum building setbacks from the front property line excluding areas for Mid-block Connections, Primary Connections, Secondary Connections, or Publicly Accessible Open Space.
Building Type (see Section 1.3.a) Minimum percentage of the building frontage within the build-to-zone
Small (S) 50%
Medium (M) 60%
Large (L), Extra Large (XL) 60%
Mixed-Use with ground floor commercial
storefront frontages 70%
3.3 Building Setback Character
3.3.1 Landscaping
1. Required front setbacks shall provide a landscaped area to create a transition between public and private space. The following standards apply, based on intended use and exclusive of areas devoted to outdoor seating, front porches, door swings of building entries, and Publicly Accessible Open Space:
a. Ground floor storefront commercial uses shall have a minimum of 5% of the setback as landscaped area or planters.
b. Live/work and ground floor office uses shall have a minimum of 20% of the setback as landscaped area or planters.
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c. Ground floor residential uses shall have a minimum of 40% of the setback as landscaped area or planters. Front setbacks that are 15 feet or greater shall include at minimum one tree per 40 linear feet of street frontage between the back of walk and building façade. Spacing of trees may vary.
3.3.2 Encroachments
1. The following elements are allowed within required front setback areas and required primary frontage setbacks. See Section XI-10-55.05 (Projections Allowed Into Required Yards/Setbacks) of the Milpitas Municipal Code for additional regulations.
a. Building elements including bay windows, turrets, or other architectural features intrinsic to the building structure. The bottom of the architectural feature shall be a minimum 8 feet above grade. No more than 50% of the façade area may have these elements project into the minimum setback area.
b. Weather protection structures such as canopies, sunshades, or other similar features. The bottom of the architectural feature shall be no lower than eight feet above grade. c. Terraces, porches, or balconies.
d. Stoops and/or stairs to building entrances.
e. Handrails.
f. Fences that are no taller than 42 inches and at least 40% transparent, except where municipal code requires a higher transparency.
g. Landscape planters and low walls not exceeding 30 inches in height from sidewalk grade. h. Bicycle parking.
i. Permanent seating.
j. Public art.
k. Outdoor dining.
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3.4 Ground Floor Uses
Intent
• To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience.
• Promote consistent development patterns along streets, particularly by how buildings relate to the street, to promote a sense of visual order, and provide attractive streetscapes. (CD 6-5) • Locate building access points along sidewalks, pedestrian areas, and bicycle routes, and include amenities that encourage pedestrian activity (CD 3-10B)
3.4.1 Active Frontages (M) (L) (XL)
Active frontages are building frontages with active uses where there is a visual engagement between those in the street and those on the ground floor. Active uses are uses that generate many visits, in particular pedestrian visits, over an extended period of the day. Active uses may be shops, cafes, other social uses, and shared accessory spaces. Higher density residential and office uses also can be active uses for particular periods of the day by providing additional entries to individual units or ground floor office spaces. Active frontages are specified below in Section 3.3.3.1.
3.4.1.1 Active Frontage Types
1. Active frontage types shall consist of one or more of the following ground-floor uses:
a. Storefront Commercial
b. Ground Floor Office
c. Live/Work
d. Ground Floor Residential Units with individual unit entries e. Ground Floor Residential Accessory Spaces (e.g., indoor community spaces)
3.4.1.2 Active Frontage Requirements
1. Active Frontages are required for a minimum of 80% of each building façade facing a public street or publicly accessible pathway with adjacent Primary Building Frontages.
2. Active Frontages shall comply with the standards in Section 5.1 Ground Floor Design
3. Active Frontages and active use types may be further regulated by zoning, specific plans, development agreements, or other binding legislation.
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3.4.1.3 Minimum Depth of Active Uses
1. Active Frontage uses shall have a minimum interior depth of gross building area by use type (lesser dimensions are allowed but may not be counted as Active Frontage):
a. Storefront Commercial: 20 feet minimum; a minimum of 50% of frontage shall have a minimum depth greater than 40 feet; Corner spaces shall have a minimum depth of 40 feet. b. Ground Floor Office: 30 feet minimum
c. Live/Work: 15 feet minimum interior depth of “work” space for a minimum width of 15 feet or 50% of unit frontage, whichever is greater
d. Ground Floor Residential Units: 16 feet
e. Ground Floor Residential Accessory Spaces: 20 feet
f. Corner space: minimum 40 feet depth on all frontages
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3.4.1.4 Finished Floor Heights of Active Uses
1. Active Frontage uses shall have a finished floor height above grade at back of sidewalk within the following ranges by use type:
a. Primary Building Entries: minimum 0 feet; maximum 3 feet b. Storefront Commercial + Live/Work: At entry: minimum 0 feet; maximum 1 foot c. For buildings with a cross slope, at no point shall the finished floor height be greater than 2 feet above or below grade
d. All other uses see Standard 3.4.1.5 Variable Finished Floor Height Standard
3.4.1.5 Variable Finished Floor Heights
1. To create a positive transition between the public and private realm, ensure privacy of residential units, and maintain “eyes on the street,” the finished floor of ground floor residential units, when adjacent to a public right-of-way, shall be within the minimum and maximum heights according to setback distance from back of walk identified in below. On sites with a cross slope greater than 2% along a building façade, the average height of the finished floor and back of walk shall be used. In flood zones, the minimum floor height shall be defined by the Federal Emergency Management Agency (FEMA) flood zone elevation. Special conditions in Section 3.9 supersede this standard.
3.4.1.6 Floor-to-Floor Heights of Active Uses
1. Active Frontage uses shall have a minimum floor-to-floor by use type as follows:
a. Storefront Commercial: 15 feet
b. Ground Floor Office: 12 feet
c. Live/Work: 12 feet
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3.5 Access and Parking
Intent
• Locate site entries, parking areas, storage bays, and service areas of buildings to minimize conflicts with adjacent properties, especially residential neighborhoods. Also, parking, storage, and service areas should be sited to minimize their appearance from public rights-of-way. (CD 2-4) • To minimize the visual impact of parking, loading and service areas, support pedestrian interest along public rights of way and other pedestrian ways, and minimize conflicts between pedestrians and vehicles along key streets.
3.5.1 Vehicle Access + Parking
3.5.1.1 Vehicular Access Hierarchy
1. Parking and service area access shall be provided from the following, in order of preference:
a. From an alley.
b. In the absence of an existing or proposed alley, access shall be from a driveway shared with a property abutting the development site.
c. In the absence of an alley or shared driveway, access shall be from the side/lesser street abutting the development site.
d. In the absence of a side street, from a curb cut/driveway along the primary street frontage.
3.5.1.2 Driveways and Curb Cuts
These standards shall apply to driveways and associated curb cuts providing vehicular access to parcels improved with mixed-use and/or multi-family residential development projects. Alley frontages are exempt from these standards.
1. Driveways shall be a minimum of 50 feet from any street intersection. For parcels less than 75 feet wide, driveways shall be located along the lot line farthest from the intersection.
2. Each development project site shall be limited to one curb cut, including driveways and private/service streets, per 250 feet of public street frontage, or two curb cuts per street frontage, whichever is less (unless otherwise required for emergency vehicle access). Mid-block connections are excluded from this requirement.
3. Driveways shall be a minimum of 3 feet from a property line or include a shared driveway access with adjoining parcel.
3.5.1.3 Limitation on Parking and Loading Frontage
1. Off-street parking, off-street vehicle loading, and vehicular circulation areas other than direct driveway access perpendicular to the street are prohibited between the building and street.
2. No more than 30% of the primary street frontage shall be devoted to garage openings, carports, surface parking, or service/loading entries). This limitation does not apply to frontages along alleys. 253
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3. Entries to structure parking when combined with loading, and utility/service areas shall not exceed 30 feet in width. Vehicle entries shall not exceed 22 feet in width. Alley frontages exempt.
3.5.1.4 Screening for Structured Parking
1. Above grade structured parking levels facing a public right-of-way or Publicly Accessible Open Space/pedestrian pathway, except for vehicular alleys, shall be lined with commercial or habitable uses with a minimum depth of 20 feet or minimum depth of 16 feet for residential units.
2. All portions of partially subgrade parking visible above grade shall not exceed 5 feet in height, shall be architecturally treated no differently than that primary structure and shall utilize the same level of detail, articulation, and materials as the primary façade, and shall be screened with landscape screening (e.g., shrubs, landscaped trellises) a minimum of 3 feet in height and/or crafted ornamental metal screens.
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3.6 Landscaping
Intent
• Emphasize landscaping as a fundamental design component, retaining mature landscaping when appropriate, to reinforce a sense of the natural environment and to maintain an established appearance. (CD 1-6)
• Require setbacks and other design elements to buffer residential units to the extent possible from the impacts of abutting roadway. (CD 5-8)
• To use landscape design to create character and identity; enhance the appearance and function of outdoor spaces; encourage pedestrian activity; promote social interaction; enhance or integrate new natural systems; add shade to the urban environment; and provide stormwater management. • Landscaping should feasibly further sustainability goals and incorporate solutions that are appropriate to the climate, region, and local conditions.
3.6.1 Bay Friendly Planting and Water Conservation
3.6.1.1 Drought-Tolerant Species
1. A minimum of 75% of non-turf landscaped areas shall be planted with native or drought-tolerant planting (as identified in the Bay Friendly Landscape Plant Lists or East Bay MUD Plants and Landscapes for Summer-Dry Climates guide book) to bring interest and beauty to the landscape, support biodiversity, and reduce the need for pesticides and excessive irrigation.
3.6.1.2 Group Plants by Water Use
1. Plants shall be grouped according to their water needs and irrigated separately from other groupings to promote water efficiency.
3.6.1.3 Irrigation and Water Efficiency
1. Required landscape areas shall be supported by a permanent, automatic irrigation system coordinated to meet the needs of various planting areas. Proper irrigation shall be provided for healthy plant growth and maturation and shall be designed to avoid the watering of structures, public pathways, and pedestrian access areas.
a. Irrigation systems shall be designed to avoid runoff, excessive low head drainage, overspray, or other similar conditions where water flows or drifts onto adjacent property, non-irrigated areas, pathways, roadways, or structures.
b. Low-volume irrigation systems with automatic controllers shall be required. Low-volume irrigation systems include low-volume/high-efficiency sprinkler heads, bubbler, drip irrigation, and soaker hose emitters. Irrigation systems shall be equipped with a meter or submeter and backflow preventer.
c. Automatic controllers shall be set to water between 7:00 p.m. and 10:00 a.m. to reduce evaporation.
d. An irrigation schedule indicating the four seasons of watering cycles is recommended for all irrigated landscape areas and is required for those projects with a total landscape area of 2,500 square feet or more.
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3.6.1.4 Turf and Synthetic Turf
1. Turf areas shall be limited to activity or recreation areas. Synthetic turf may be used as a substitute for natural turf for the purposes of water conservation, or in in high activity or foot-traffic areas such as sports fields.
3.6.2 Non-Plant Materials, Soil, and Mulch
3.6.2.1 Non-Plant Material
1. Crushed rock, mulch, pebbles, stones, and similar non-plant materials shall be allowed up to 50% of the total required landscaping.
3.6.2.2 Soil Depth
1. Planting in above grade courtyards shall have a minimum soil depth of 12 inches for ground cover, 20 inches for shrubs, and 36 inches for trees.
3.6.2.3 Mulch
1. Landscaped areas shall be top-dressed with a bark chip mulch or an approved alternative to avoid exposed bare soil.
3.6.3 Parking Lot Landscaping
3.6.3.1 Surface Parking Landscape Design
1. A minimum of 15% of the total off-street open parking area shall be landscaped with a mixture of trees, shrubs, ground cover, and other plant material.
2. Tree wells shall have a minimum 5-foot dimension between parking spaces.
3. For residential parking, contiguous parking spaces shall not exceed 6 spaces without a tree well.
4. For commercial parking, contiguous parking spaces shall not exceed 8 spaces without a tree well.
3.6.4 Plant Size and Spacing
1. To achieve an immediate effect of a landscape installation and to allow sustained growth of planting materials, minimum plant material sizes, plant spacing, and minimum planter widths (inside measurements) are as follows:
a. All proposed shrubs except accent, color, or ground cover planting shall be a minimum 5 gallons in size, with a 15-gallon minimum size where required for screening. The minimum planter width for shrubs is 3 feet.
b. The minimum planting size for trees shall be 15-gallon, with 25% of all trees on a project site planted at a minimum 24-inch box size. Minimum planter area for trees shall be 5 feet by 5 feet. c. Street trees shall be planted at a minimum average of one tree per 25-35 linear feet of sidewalk length.
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3.7 Utilities, Service Areas, and Building Equipment
Intent
• To locate and integrate utilities and service areas into building and landscape design in order to minimize impact on the pedestrian experience.
3.7.1 Service Areas, Storage, Utilities, and Equipment
3.7.1.1 Utilities.
1. Utilities shall be placed in underground or subsurface conduits unless otherwise prohibited by the utility provider.
3.7.1.2 Location of Service Areas, Storage, Utilities, and Equipment.
1. All above-ground utilities and equipment (e.g., electric and gas meters, fire sprinkler valves, irrigation backflow prevention devices, etc.), service areas, and storage areas shall be integrated into building and landscape design and located to minimize impact on the pedestrian experience and neighboring properties by following the standards below:
a. Utilities and equipment, service, storage, and non-passenger loading areas shall be located inside buildings or on facades other than the Primary Building Frontage, along alleys, parking areas, and/or at the rear or side of building.
b. Utilities and equipment, service, storage, and non-passenger loading areas shall be consolidated in single area whenever possible. They shall not be located within minimum setback areas, along mid-block pedestrian connections, within 25 feet of open space areas, within the public right-of- way, and/or within 25 feet of a street corner.
c. Backflow preventors shall be located within landscaped setback areas and painted black or dark green to minimize visual impact. Where no landscaped setback areas exist the backflow preventors shall be incorporated into the front of the building to minimize visual obtrusiveness. d. Utilities and ground transformers/meters, mechanical equipment, service, storage, and non- passenger loading areas shall be fully screened from view per Standard 3.4.2.3 Service, Storage, Utilities and Equipment Screening.
e. Refuse collection areas to the extent feasible shall be located as far as possible from the residential portion of mixed-use buildings and open space areas. Additional regulations for refuse collection areas can be found in Section 3.4.3 Waste Removal.
3.7.1.3 Service, Storage, Utility, and Equipment Screening.
1. All service and storage areas, utilities, and equipment not housed inside buildings shall meet the following screening standards:
a. Screening shall be equal to or higher than the height of the equipment to be screened, unless specified otherwise.
b. Screening shall be made of a primary exterior finish material used on other portions of the building, architectural grade wood or masonry, metal, or landscape screening that forms an opaque barrier when planted.
3.7.1.4 Location and Screening of Rooftop Equipment.
1. Rooftop elements including roof access, mechanical equipment, and other features needed for the function of the building shall be located to minimize visual impact by meeting the following 257
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requirements. Mechanical equipment less than two (2) feet in height, solar panels, wind generators, or green roof features are exempt from these requirements. a. Roof-mounted equipment and screening of roof-mounted equipment shall be stepped back from top of parapet a minimum of 10 feet from the parapet or roof edge. b. Roof-mounted equipment greater in height than the parapet wall shall be screened to a height equal to the height of the equipment.
3.7.1.5 Vents/HVAC
1. Wall vents shall be of equal width or centered on window, or wall vents shall be of same material as surrounding façade.
3.7.2 Waste Removal
1. This section applies to refuse, organic waste, and recycling areas not accessible to the public, and which are used exclusively by the tenants/owners of the development site. The provisions of this section apply to all development except as follows:
a. All non-residential developments.
b. Single-family or multi-family residential development projects that do not necessitate communal or shared trash and recycling areas/containers. In such cases, no enclosure structure shall be required, however individual trash and recycling containers shall be stored in such a manner that containers are not visible or screened from public view from the front of the property. Containers may be placed in public view for purposes of collection.
3.7.2.1 Location
1. Refuse, organic waste, and recycling collection areas shall be located inside of buildings or inside of enclosures located along alleys or in parking areas at the rear or side of buildings. Collection areas are prohibited within any required front yard or street side yard, any required parking spaces, and required landscape and open space areas. Refuse, organic waste, and recycling containers shall not be visible from a public street, private street, or pedestrian pathway that has Primary Building Frontages.
2. For multi-building developments, refuse, organic waste, and recycling containers that serve only one building shall be located within that building, so that residents do not need to travel to another building to dispose of waste.
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3. Enclosures shall be located a minimum of 10 feet from any structure, 25 feet from any public street, 15 feet from a private street and, in non-residential areas, 20 feet from any residential zoned property line.
4. The location of enclosures shall not conflict with circulation or parking conditions on site. A condition shall not be created where a parked vehicle obstructs access to an enclosure nor where a disposal truck obstructs parked vehicles.
3.7.2.2 Trash and Recycling Enclosures
1. Exterior collection areas must be within an enclosure that meets the following standards:
a. Enclosures shall be designed to include a concrete slab base that extends to the limits of the exterior on the sides and rear and extends beyond the service gates equal to the enclosure depth.
b. Refuse, organic waste, and recycling containers located outside of a building’s envelope shall be enclosed within a solid enclosure including a roof.
c. Enclosures shall be adequate height to fully screen containers and materials within. d. A pedestrian access and separate access for primary collection shall be provided. e. Trash/recycling enclosures shall be constructed of a primary exterior finish material used on other portions of the building, architectural grade wood or masonry, metal, or decorative block. f. Gates shall be solid metal painted to match the enclosure. g. Concrete curbs, bollards, or wheel stops shall be installed or constructed inside the enclosure to prevent bins from damaging the enclosure. Concrete curbs or equivalent shall protect the exterior of enclosures from adjacent vehicle parking and travel ways.
3.8 Site Lighting
Intent
• To create safe, welcoming, well-lighted areas, including building entries, pedestrian pathways and plazas, parking lots and vehicle maneuvering areas; and to minimize excessive illumination on adjoining properties.
3.8.1 Nuisance Prevention
1. All outdoor lighting shall be designed, located, installed, directed downward or toward structures, fully shielded, and maintained to prevent glare, light trespass, and light pollution and away from adjoining properties and public rights-of-way, so that no light fixture directly illuminates an area outside of the project site intended to be illuminated.
2. All lights shall be directed, oriented, and shielded to prevent light trespass or glare onto adjacent properties. The light level at property lines shall not exceed 0.3 foot-candles.
3.8.2 Maximum Height
1. Freestanding outdoor light fixtures shall not exceed 16 feet in height.
3.8.3 Fixture Types
1. All luminaries shall meet the most recently adopted criteria of the Illuminating Engineering Society of North America (IESNA) for “Cut Off” or “Full Cut Off” luminaries.
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3.8.4 Minimum Lighting Requirements
1. Parking Areas. Lighting in parking, garage, and carport areas shall be maintained with a minimum of one foot-candle of illumination at the ground-level during hours of darkness, with a maximum of four foot- candles. All lighting shall be on a timeclock or photo-sensor system. Lighting used to illuminate parking areas shall be designed and located to prevent light trespass or glare, in accordance with this section.
Illumination shall not include low pressure sodium or similar lighting techniques.
2. Multi-Unit Residential Developments. Aisles, passageways, and entryways/recesses related to and within the building complex shall be illuminated with an intensity of at least one-quarter foot-candles at the ground level during the hours of darkness.
3. Non-Residential Developments (or portions of a development). All exterior doors, during the hours of darkness, shall be illuminated with a minimum of one-quarter foot-candles of light.
3.8.5 Design of Fixtures
1. Fixtures on buildings shall be attached only to walls or eaves, and the top of the fixture shall not exceed the height of the parapet, roof, or eave of the roof.
2. Accent Lighting. Architectural features may be illuminated by up-lighting, provided that the lamps are low intensity, and fully shielded such that no glare or light trespass is produced.
3.8.6 Energy Efficiency
1. Outdoor lighting shall utilize energy-efficient fixtures and lamps such as metal halide, hard-wired compact fluorescent, LED, or other lighting technology that is of equal or greater efficiency. All new outdoor lighting fixtures shall be energy efficient with a rated average bulb life of not less than 10,000 hours.
3.9 Standards for Special Conditions and Adjacencies
Intent
• Promote gradual transitions from high density development to surrounding low density neighborhoods in both building forms and land use. (LU 5-2)
• Ensure that new development provides visual and pedestrian and bicycle linkages with local creeks. (CD 10-12)
• Accomplish sound attenuation for development along City streets using building placement and design rather than sound attenuation walls. When sound attenuation walls are located adjacent to expressways or freeways, or railroad lines, landscaping, public art, and/or an aesthetically pleasing and visually interesting design should be used to minimize visual impacts. (CD 6-15)
3.9.1 Adjacency to Lower Density Development
3.9.1.1 Applicability
1. Projects with a property line adjacent to R-1, R-2, and R-3 residential zones. Standards in this section supersede other Objective Design Standards.
3.9.1.2 Building Setbacks and Height Transitions
1. Buildings greater than 2 stories in height shall have an interior and rear yard setback greater than or equal to the required setback of the adjacent zone along the shared property line(s). 260
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2. Portions of the building with a height greater than 40 feet shall be set back a minimum of 40 feet from the shared rear property line and a minimum of 30 feet from a shared interior property line.
3. No portion of a building shall be within a 45-degree daylight plane measured perpendicularly from the shared rear property line from a height of 10 feet for the full length of the property line.
3.9.1.3 Planting
1. Rear and side yards shall be planted with a minimum of one tree per every 30 linear feet of shared property line. Spacing of trees may vary.
2. The maximum distance between two trees shall not be greater than 50 feet. Rear and side yards shall be planted with a minimum of three shrubs per 20 linear feet. 261
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3.9.2 Adjacency to Major Roadways
3.9.2.1 Applicability
1. Projects with primary building frontage adjacent to a Major Roadway defined as a street with three or more travel lanes in each direction. Standards in this section supersede other Objective Design Standards.
3.9.2.2 Building Setbacks
1. All ground floor residential units shall be set back a minimum 40 feet from face-of-curb.
2. All residential units shall be set back a minimum 30 feet from face-of-curb.
3.9.2.3 Residential Ground Floor Finished Floor Height
1. Ground floor residential units fronting a Major Roadway shall have an average finished floor height greater than 4 feet above top-of-curb elevation.
2. Ground floor residential units fronting a Major Roadway shall have a minimum finished floor height greater than 2 feet above top-of-curb elevation.
3.9.2.4 Planting
1. A double row of trees shall be planted between the building and the curb. Each row shall have a minimum of one tree per every 30 linear feet. Spacing of trees may vary.
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3.9.3 Adjacency to Freeways
3.9.3.1 Applicability
1. Projects adjacent to a freeway.
3.9.3.2 Building Setbacks
1. Residential buildings shall be set back a minimum 60 feet from the edge of a freeway right-of-way.
3.9.3.3 Planting
1. A double row of trees shall be planted within 40 feet of the freeway right-of-way. Each row shall be within 30 feet of each other and have a minimum of one tree per every 30 linear feet. Spacing of trees may vary.
2. Trees shall be selected to be in the top 10% of species to function as air pollutant removal for carbon monoxide and particulate matter. The following trees fit that designation on itreetools.org for Milpitas, Coast Redwood, Deodar Cedar, Cork Oak, American Elm, Atlantic White Cedar, Blue Chinese Fir, Ribbon Gum Eucalyptus, American Basswood, California Laurel, Evergreen Ash, Guadalupe Cypress, Swamp Bay, Slash Pine, Monterey Cypress, Northern Hackberry, Italian Cypress, Red bay, Arizona Cypress, Cedar Elm, Siberian Elm, Longleaf Pine, California Sycamore, Chinese Elm, Pacific Madrone, Mourning Cypress, Digger Pine.
3.9.4 Adjacency to Railroads
3.9.4.1 Applicability
1. Projects with a property line adjacent to a railway corridor.
3.9.4.2 Building Setbacks
1. All residential buildings shall be set back a minimum 40 feet from the railroad right-of-way.
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3.9.5 Adjacency to Natural Areas/Creeks/Channels
3.9.5.1 Applicability
1. Projects with a property line adjacent to natural areas, creeks, and channels.
2. In addition to the standards below, project shall meet Valley Water’s Guidelines and Standards for Land Use Near Streams.
3.9.5.2 Building Setbacks
1. All buildings shall be set back a minimum of 40 feet from the top of the bank of channel.
3.9.5.3 Open Space and Public Access Easements
1. Where a public path is not located between the building and top of bank, a 12-foot-wide public access easement shall be located within the first 30 feet depth from the adjacent property line and be consistent with the Ped/Bike & Trails Plan.
3.9.5.4 Planting
1. A continuous planting strip with a minimum width of 12 feet and a length greater than 80% of the length of the property line shall be located between the building and top of bank. a. Trees shall be planted at a minimum of one tree per every 30 linear feet. Spacing of trees may vary.
2. A minimum of 60% of the site area between buildings and the property line adjacent to the natural area, creek, or channel shall be landscaped.
3. Plantings shall be selected to support a Riparian Complex ecosystem and shall include a mix of the following:
a. Trees: Bigleaf maple, Boxelder maple, White alder, California sycamore, Fremont cottonwood, Red willow, Arroyo Willow; Shrubs/Small Trees; Blue elderberry, Red osier dogwood, California grape, California rose, Common snowberry, Hazelnut.
b. Herbaceous Understory: California blackberry, Common rush, Tall flatsedge, Virgin’s Bower, Seep monkeyflower.
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4 Building Design
Purpose
• To set standards to refine the building massing and form through façade modulations • To set standards for transitions to lower scale development • To set standards for façade articulation to create human-scaled architecture. • To set standards to create visual interest and placemaking through building design Intent
• To mediate the scale, massing, and bulk of buildings to reflect a human scale and enhance the pedestrian experience through building modulation and reductions in mass of upper floors. • To create cohesive and well-crafted building façades with human-scaled details that provide visual interest to pedestrians, incorporate passive green design elements, and promote high-quality design. • To guide building massing to respond to the scale of people and the building’s context; avoid overly massive or monolithic structures; and encourage variation on large façades to promote pedestrian interest.
4.1 Small and Medium Building Types
4.1.1 House-like/Multiplex (S)
4.1.1.1 Duplex (S) (2 units)
Duplexes are small house-like buildings with two units that may be stacked or side-by-side. The units may be accessed through a shared entry or individual unit entries.
4.1.1.2 Triplex/Fourplex (S) (3-4 units)
Triplexes and fourplexes are walk-up buildings featuring 3 to 4 dwelling units that typically share a single entry or feature individual unit entries along the front façade. Dwelling units may be oriented side-by-side and/or are stacked atop one another.
4.1.1.3 Cottage Cluster (S) (3 or more units)
Cottage Clusters are composed of several attached or detached buildings configured around a central common open space. The common open space serves as a circulation space that opens onto a public-right-of-way.
Cottage clusters feature 3 or more units, with individual entryways opening directly onto the central open space or directly onto the abutting right-of-way.
4.1.2 Middle Housing (M)
4.1.2.1 Rowhouse (M) (attached)
Rowhouses are attached single-family units that share a common wall. Rowhouses consist of 1 to 2 units per building and are typically configured into clusters of 2 to 10 individual units.
4.1.2.2 Courtyard Housing (M) (3 or more)
Courtyard Housing is characterized as a building or series of buildings featuring a central, shared courtyard that is accessible by several attached units that can be arranged side-by-side or stacked. The courtyard represents a common open space that is oriented towards the public-right-of-way or designed as an interior space that 265
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utilizes side and rear setback areas. Courtyard Housing features between 3 or more units and can either feature individual entrances or shared entryways that open into the courtyard.
4.1.2.3 Multiplex Apartment Building (M) (5 or more units) Multiplex Apartment Buildings are single buildings featuring 5 or more dwelling units that typically share an entry or feature individual unit entries along the front façade. Multiplex Apartment Buildings feature dwelling units that are generally accessed through a shared elevator and corridor.
4.1.2.4 Low-Rise Multifamily (L)
Low-rise multifamily developments are generally made up of two or more buildings of two to four stories organized around shared parking and amenities. Unit types may include multilevel townhomes, stacked flats, or a combination of both.
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4.1.3 Design Standards (S + M)
4.1.3.1 Development Standards Table
1. The following table outlines development standards for Small (S) and Medium (M) building types. These standards apply to the design of each building type. If the standards below contradict development standards in the municipal code, the municipal code shall take precedence.
Small (S) Medium (M)
Duplex
(2du)
Triplex/
Fourplex
Cottage
Cluster Rowhouse Courtyard
(3+ du)
Multiplex
(5+ du)
Low-Rise
Multifamily
1. Building Massing
Building
Width
Maximum:
50 feet
Maximum:
60 feet
Maximum:
40 feet
Minimum:
16 feet
Maximum:
30 feet
Combined
Maximum:
160 feet
Maximum
Wing
Width:
40 ft
Maximum:
80 feet
Maximum:
200 feet
2. Usable Open Space*
Usable
Open
Space
per
Unit
300 sf
(minimum)
200 sf
(minimum)
300 sf
(minimum)
200 sf
(minimum)
200 sf or
minimum
required
by zone;
whichever
is greater
50 sf per
unit or
minimum
required
by zone;
whichever
is greater.
150 sf per
unit or
minimum
required by
zone;
whichever is
greater
Usable
Open
Space
as
Private
Open
Space
100 sf per
unit
(minimum)
100 sf per
unit
(minimum)
100 sf per
unit
(minimum)
80 sf per
unit
(minimum)
50% of units:
50 sf per unit
(minimum)
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4.1.3.2 Façade Modulation and Articulation
1. Modulation. Residential buildings shall employ at least two of the following building modulation strategies:
a. Varied roof form, such as changes in roof height, offsets, change in direction of roof slope, dormers, parapets, etc.
b. Use of balconies, front porches, overhangs, or covered patios. c. Projections, offsets, and/or recesses of the building wall at least one foot in depth, such as bay windows, chimneys, brackets, and cornices.
2. Articulation. All building elevations that face a street, pedestrian pathway, or common open space shall employ varied façade articulation of wall surfaces. Facades shall incorporate at least three of the following features, consistent in design style, which provide articulation and design interest:
a. Variation in texture or material, provided all exterior wall textures and materials are consistent with the overall architectural style of the dwelling.
b. Building base (typically bottom three feet) that is faced with a stone or brick material or is delineated with a channel or projection.
c. Railings with a design pattern and materials such as wood, metal, or stone which reinforces the architectural style of the building.
d. Decorative trim elements that add detail and articulation, such as door surrounds with at least a two-inch depth, decorative eave detailing, belt courses, etc. e. Decorative window elements such as, lintels, shutters, window boxes, etc.; and f. Roof overhangs at least 18 inches deep.
4.1.3.3 End Units
1. Any building with the Primary Façade and building entry facing a street or pathway perpendicular to a public street right-of-way, private street, or publicly accessible pathway shall meet the following standards:
a. The End Unit building façade shall have a fenestration area greater than 10% of the façade area. b. The End Unit building façade facing shall have at least one architectural projection that projects a minimum of 18 inches from the street facing façade (example: bay windows, a chimney shown on the exterior of the house) with a minimum width of two feet. c. Ground floor parking may not exceed 25 linear feet of an End Unit’s ground floor façade.
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4.1.3.4 Entries
1. For multifamily residential buildings with up to 8 units and not exceeding 40 feet in width, the Primary Building Entry may be located on the side of the building not facing the public right-of-way if a publicly accessible pedestrian pathway connects directly to a forecourt or front porch with a minimum dimension of 6 feet.
4.1.3.5 Parking + Access
1. Front-loaded parking for (S) and Rowhouse Building Types:
a. Garage doors that face the street shall not occupy more than 50% of the width of any street- facing building façade. This limitation does not apply to frontages along alleys b. Garage door shall be located a minimum 5 feet behind Primary Façade c. Shall have a unit entry that fronts a publicly accessible sidewalk or pedestrian pathway
4.1.3.6 Open Space Quality
1. Cottage Clusters
a. Common Open Space. Common usable open space is not required for projects with less than 5 units. For projects 5 units and over, 200 sf per unit may be combined to provide a common open space area, provided that each unit also has at minimum 100 sf of private open space. At least 50% of the units in the development site cluster must abut the common open space. b. Common open space serving three or more units shall be abutted by units on at least two sides. c. No unit shall be located further than 60 feet from a common open space. d. Common open space shall not be divided into more than two separate areas with one area of at least 1,000 square feet.
e. No dimension shall be less than 20 feet.
f. Common open space may include setback areas if they are a minimum of 15 feet wide and the other provisions in this section are met.
g. Flex-Space. A maximum of 50% of required common open space may be provided as flex-space.
Flex-space is a hard-surface, multi-use outdoor area that may simultaneously provide vehicle access and maneuvering, common open space for residents, and pedestrian access. Flex-space shall not be used for private or shared surface parking. Flex-space may not be located in required interior setback areas.
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2. Courtyard Buildings
a. Common open space shall include at least one courtyard open to the street and defined on three sides by building
b. Width: minimum 25 feet or 40% of depth; whichever is greater, for buildings greater than 3 stories in height, Section 6.2 Common Open Space requirements supersede. c. Depth: minimum 40 feet
3. Middle Housing (M)
a. Projects exceeding 20 units shall provide a minimum of one Common Open Space with minimum dimension of 40 feet by 40 feet.
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4.2 Large and Extra-Large Building Types
Application of Design Standards
The following flow chart outlines the design standards for Large and Extra-large building types. The standards are organized to review a building’s compliance starting with overall massing and form including massing reductions, breaking long building facades, and providing articulation and minor façade breaks to create a human scaled residential rhythm and pattern to the building. The second category overlays façade design including façade composition, variations in façade design strategies, defining a base/middle/top, and adding human-scaled details. The design standards meant to create a holistic approach to building design and build on one another with different design strategies being able to meet multiple standards.
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4.2.1 Massing and Form (L) (XL)
4.2.1.1 (L) Maximum Building Length
1. Buildings shall not exceed 380 feet in length or width.
4.2.1.2 Upper Floor Mass Reductions (L) (XL)
1. Buildings greater than 6 stories in height shall provide a variety in building heights and reduce the massing of upper floors through one or more of the following techniques:
a. Building floorplates located at a height 6 stories or greater shall have a floor area less than 75% of the ground floor area or the building floor area of the Podium Level, whichever is less.
b. Stepped back façade of floors above 6 stories for a minimum 60% of dimension of all façades facing a public right-of-way, private street, or publicly accessible pedestrian pathway. Step back shall be a minimum of 6 feet in depth.
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4.2.1.3 (XL) High-rise Buildings
4.2.1.3.1 Maximum Floorplate
1. For portions of a building above 8 stories in height, the maximum floor area per floor shall not exceed 16,000 sf.
4.2.1.3.2 Maximum Building Length
1. Portions of a building above 8 stories in height shall not exceed 160 feet in length.
4.2.1.3.3 Tower Separations for High-rise Buildings
1. Any portion of a building over 8 stories be in height shall be a minimum 120 feet from all other buildings over 8 stories in height regardless of whether the adjacent building is on the same or different parcel.
4.2.2 Façade Modulation
4.2.2.1 Major Vertical Façade Modulation
1. Exterior facing building facades shall meet the following standard for Major Break(s):
a. Building shall have a major break at least every 150 feet of building length. b. The first major break required shall be a minimum 20 feet wide and 10 feet deep.
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c. If a building requires additional major breaks, they shall be a minimum 25 feet wide and 20 feet deep.
d. A major break may extend to the corner of a building with a maximum width of 50 feet.
e. A major break shall extend from the finished ground floor through the full height of the building including breaking the roof plane.
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4.2.2.2 Minor Vertical Façade Modulation
1. Façade planes shall choose one of the following minor vertical façade modulations for Minor Break(s):
a. Minor Breaks. Façade planes shall not exceed 100 feet in length as measured from façade break (major or minor) to façade break or corner of a building. i. Minor breaks shall be a minimum 2 feet deep.
ii. Minor breaks shall be a minimum 4 feet wide and a maximum 25 feet wide. iii. A minor break may extend from the edge of a major break or the corner of a building.
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iv. A minor break shall extend from the top of the ground floor through the full height of the building including breaking the roof plane.
b. Vertical Rhythm and Pattern: Façade planes exceeding 40 feet in length shall express a vertical rhythm and pattern that reflects the size and scale of a residential unit and/or individual rooms and spaces through meeting the following standards:
i. A vertical recess or projection shall occur at a minimum of 1 per 40 feet of linear façade length.
ii. Vertical recess or projection shall have a minimum depth of 6 inches. iii. Shall occur for a minimum of 60% of the residential façade height.
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c. Minor Modulations.
i. Projection or recess with a minimum depth of 2 feet, minimum width of 8 feet, and spans a minimum of 60% of the façade height.
ii. At least one projection or recess shall occur every 40 feet.
4.3 Façade Design (L)(XL)
Intent
• To create cohesive and well-crafted building façades with human-scaled details that provide visual interest to pedestrians, incorporate passive green design elements, and promote high-quality design. • Encourage architectural elements that contribute to a building’s character, aid in climate control, and enhance pedestrian scale. (CD 11-4)
• Where a vertical mix of uses occurs, retail, restaurants, and other active uses should be located on the ground floor, with residential and/or office uses above. Also, encourage complementary architectural detailing that differentiates each use. (CD 3-12)
4.3.1 Façade Composition
1. Each building façade greater than 100 feet in length shall include a minimum of two distinct façade compositions. For every additional 100 feet of building façade, an additional distinct façade composition is required.
a. Each distinct façade composition shall have a total combined façade area greater than 10% of the overall façade area.
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b. Each distinct façade compositions shall meet the Variation in Façade Composition Standards (4.3.3) to be distinct from the other façade composition.
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4.3.2 Base/Middle/Top
1. Buildings three stories or taller and a building length greater than 50 feet shall be designed to differentiate a defined base or ground floor, a middle or body, and a top, cornice, or parapet cap. This standard applies to all exterior facing facades.
Example Diagrams of Base/Middle/Top Standards
Variation in Façade Composition A Datum Lines
Variation in Façade Composition B Upper Floor Step Backs
Distinct Roof Form
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4.3.2.1 Building Base
1. A building’s base shall be defined or differentiated from the middle/body by using one of the following techniques: (apply at least two)
a. Have a distinct façade composition from the base floor(s) to middle/body floors by meeting the standards for a Variation in Façade Composition: Section 4.3.2 b. Datum line or cornice between the base floor(s) and middle/body floors that:
i.) Is a different material from the middle/body floors ii.) Has a minimum height of 4 inches and a minimum depth of 4 inches c. Floor-to-floor height of the ground floor increase of a minimum 2 feet greater than middle/base floor-to-floor heights.
4.3.2.2 Building Top
1. A building’s top shall be defined or differentiated from the middle/body by using two or more of the following techniques: (apply two or more)
a. Have a distinct façade composition from the middle/body floors to the top floor(s) by meeting the standards for a Variation in Façade Composition: Section 4.3.2 b. Datum line or cornice between the middle and top floor(s) that include:
i. A change in material from the façade
ii. A minimum height of 4 inches and a minimum depth of 4 inches c. Upper floor(s) step back with a minimum depth of 2 feet and a maximum depth of 15 feet for a minimum 70% of the façade length.
d. Distinct roof form or roof line. (apply one)
i. Cornice or parapet cap that includes:
1. a change in material from the façade
2. a minimum height of 8 inches and a minimum depth of 4 inches ii. Eave/roof overhang with a minimum depth of 6 inches iii. A variation in roof/building height through building modulation:
(examples: Bays that extend above Primary Façade height)
1. Variation in roof/building height shall occur for a minimum 30% of the Building Façade Length.
2. Change in roof/building height shall be a minimum of 2 feet of change from Primary Façade.
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4.3.3 Variation in Façade Composition
1. A variation in Façade Composition shall include a variation in at least two of the following:
a. Variation in Building Modulation,
b. Variation in Façade Articulation,
c. Variation in Fenestration, and
d. Variation in Materiality.
4.3.3.1 Variation in type of building modulation (minimum of one, if option selected)
1. Variation in type of building façade modulation patterns and form. Building modulations shall include horizontal shifts that include changes in floor plates that project and/or recess with a minimum average depth of 12 inches, changing the Primary Plane of the façade for a minimum 20% of the Façade Plane area.
2. A variation in roof/building height through building modulation: (examples: Bays that extend above Primary Façade height)
a. Variation in roof/building height shall occur for a minimum 30% of the Building Façade Length.
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b. Change in roof/building height shall be a minimum of 4 feet of change from Primary Façade.
4.3.3.2 Variation in Type of Façade Articulation (minimum of one, if option selected)
1. Variation in horizontal and/or vertical recesses or projections such as a pattern of recessed grouping of windows, recessed panels, bay windows or similar strategies. The recess or projection shall be a minimum six inches in depth.
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2. Variation in horizontal and/or vertical projections such as shading and weather protection devices, decorative architectural details, or similar. Variation in at least 2 of the following:
a. Size
b. Proportions
c. Pattern
d. Depth or projection
4.3.3.3 Variation in Fenestration
1. Variation in at least 2 of the following on the primary façade:
a. Fenestration size
b. Proportions
c. Pattern
d. Depth or projection
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4.3.3.4 Variation in Materiality
1. Variation in 2 of the following on the primary façade:
a. Façade material
b. Material size
c. Texture and pattern
d. Color
Examples of Variation in Façade Composition
4.3.3.1.a
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4.3.3.1.b
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4.3.3.3 + 4.3.3.4
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5 Building Elements
5.1 Ground Floor Design
Intent
• To create inviting and interesting ground floors that enhance the pedestrian realm and to create places for people to gather and spend time outdoors.
• To create a transition between public and private space.
5.1.1 Building Entries (M)(L)(XL)
5.1.1.1 Primary Building Entry
1. The Primary Building Entry for multifamily buildings shall face a public right-of-way or a publicly accessible pedestrian pathway.
2. Primary building entries shall be scaled proportionally to the number of people served. Building entries inclusive of doorway and adjacent façade plane shall meet the following minimum width and depth from Primary Façade dimensions:
a. Individual residential entries: See Section 5.2
b. Multifamily entries (9 or more units): width: 10 feet; depth: 3 feet c. Upper floor commercial entries: width: 15 feet; depth; 5 feet
3. Primary entries for multifamily entries (9 or more units) and commercial entries shall have a minimum 60% transparent glazing between 3 and 7 feet in height for the required entry width.
4. Building lobbies for primary entries for (M) and (L) building serving more than 9 units shall include direct access to a stairwell to provide an alternative to elevators. a. Stairwell shall be visible from lobby area.
b. Stairwell shall include natural light.
c. Stairwell may be open air.
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5.1.1.2 Storefront/Retail Entries
1. Entry doors shall have a minimum width of 3 feet.
2. Primary entries shall be setback a minimum 3 feet from back of walk or the minimum depth necessary to prohibit door swings from entering public right-of-way or effective sidewalk width.
3. Primary entries shall include weather protection that is a minimum 6 feet wide and 4 feet deep by recessing the entry, providing an awning, or using a combination of these methods.
5.1.1.3 Individual Residential Unit Entries
1. For buildings with 9 or more ground floor units, a minimum of 80% of the ground floor residential units that face a public right-of-way or publicly accessible path, or open space shall have a unit entry with direct access to the sidewalk, path, or open space. (Senior units or other deed-restricted units for special populations are exempt)
2. Ground floor residential entries shall be designed to section 5.2 Residential Unit Entry Types standards.
3. Ground floor residential entries shall include weather protection that is a minimum 4 feet wide and 3 feet deep by recessing the entry, providing an awning, or using a combination of these methods.
5.1.2 Ground Floor Façades
5.1.2.1 Ground Floor Storefront/Retail Façades
1. Storefront/retail façades shall have a minimum 60% transparent glazing between 1.5 and 7.5 feet in height.
2. Transparent glazing shall be maximum 15% reflective, visible light transmittance greater than 80%, and without tint or coloration in the glass substrate.
3. Bulkheads and solid base walls: If provided, shall measure between 12 and 30 inches from finished grade.
4. Awnings, canopies, and weather protection: When transom windows are above display windows, awnings, canopies, and similar weather protection elements shall be installed between transom and display windows. These elements allow for light to enter the storefront through the transom windows and allow the weather protection feature to shade the display window. Awnings may be fixed or retractable.
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5.1.2.2 Ground Floor Non-residential Façades
1. Façades shall have a minimum 50% transparent glazing between 3 and 7.5 feet in height above finished floor.
2. Transparent glazing shall be maximum 50% reflective, visible light transmittance greater than 80%, and without tint or coloration in the glass substrate.
5.1.2.3 Ground Floor Residential Façades
1. Façades shall have a minimum 30% transparent glazing between 4 and 7.5 feet in height above finished floor.
2. Transparent glazing shall be maximum 50% reflective, visible light transmittance greater than 80%, and without tint or coloration in the glass substrate.
5.2 Residential Unit Entry Types
Intent
• Private entries into ground floor residential units shall be designed to provide human-scaled detailing, enhanced pedestrian experience, transition between public and private space, spaces for residents to gather and spend time outdoors, and resident privacy
5.2.1 Stoop Entry
1. Stoops shall provide entry access for a maximum of two units.
2. Stoop heights shall be within 1 step of finished floor height of adjacent unit.
3. Stoop entry landings shall be a minimum 4 feet in depth and width.
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5.2.2 Porch Entry
1. Porches shall provide entry access for a maximum of one unit.
2. Porches shall have a minimum dimension of 6 feet in depth and width.
3. The maximum porch floor height from the back of sidewalk grade shall be 5 feet.
5.2.3 Dooryard/Patio Entry
1. Patio entries may serve up to two units; and
2. Patio area shall have a minimum dimension of 8 feet in depth and width.
3. The Patio shall include at least one of the following features to define the transition between public and private space:
a. A row of shrubs not exceeding 42 inches in height located between the sidewalk and the patio that assists with defining the edge between public and private space. Shrubs shall be at least one gallon in size and be planted a maximum of three feet on center; or b. A fence not to exceed 36 inches in height and minimum transparency of 10% located between the sidewalk and the patio that assists with defining the edge between public and private space, with a gate or fence opening to provide access to the pedestrian route between the pedestrian way and the front door; or
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c. A metal, wood, or stone wall not to exceed 36 inches in height located between the sidewalk and the patio that assists with defining the edge between public and private space with a gate or wall opening to provide access to the pedestrian route between the pedestrian way and the front door. A minimum 18-inch landscape strip shall be located between the wall and the abutting pedestrian way and entirely landscaped with ground cover, shrubs or other landscape living plant material.
5.2.4 Terrace:
1. A Terrace may serve multiple unit entries.
2. The maximum Terrace height shall be 30 inches above the grade of the back of the adjacent sidewalk or accessway.
3. Pedestrian paths at terrace level shall have a minimum width of 42 inches.
4. Walls, fences, and hedges on Terraces shall be a maximum of 42 inches tall and have a minimum transparency of 40%.
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5.2.5 Frontage Court:
1. A Frontage Court may serve multiple unit entries.
2. The minimum Frontage Court width along a primary frontage shall be 25 feet.
3. The maximum Frontage Court width along a primary frontage shall be 50% of the façade length or 80 feet, whichever is less.
4. The minimum Frontage Court depth shall be 25 feet.
5. The maximum Frontage Court depth shall be 50 feet or a ratio not to exceed 2:1 depth to width.
6. The maximum height of the Frontage Court shall not exceed 5 feet above sidewalk grade.
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5.3 Fenestration Design
Intent
• To ensure high quality building elements that add to the human-scale architecture. • To ensure that mechanical, utilities, and services are designed to complement the architecture design.
5.3.1 Fenestration Design: All fenestrations shall meet the following standards:
1. Windows shall be recessed a minimum of 2 inches. Façades or portions of façades utilizing a curtain wall are exempt from this standard.
2. Windows that are flat or “flush” with the façade are prohibited unless applied to a portion of a building that is part of a recessed façade modulation with a minimum 4 inches in depth. Façades or portions of façades utilizing curtain walls are exempt from this standard.
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5.4 Green/Productive Roofscapes
Intent
• To increase green space, urban ecology (stormwater runoff reductions, decreased urban heat island effect), and building performance (improved photovoltaic (PV) panel efficiency, reduced building energy consumption).
5.4.1 Green/Productive Roofs:
A green roof is a flat roof (less than 10%) that has been altered to support urban ecology. They are comprised of a layer of engineered soil and vegetation planted over a waterproofing system. Green roofs facilitate several positive benefits in terms of greater community connections to green space, urban ecology (stormwater runoff reductions, decreased urban heat island effect), and building performance (improved photovoltaic (PV) panel efficiency, reduced building energy consumption). The latter is an important factor in carbon use reduction, and because the co-location of green roofs and PV panels provides benefits for the performance of the green roof, the PV panels, and the building.
1. Minimum Size. Green roofs shall be required for all new developments with a minimum net roof area (gross roof area – allowed deductions) of 5,000 ft².
a. Net roof area shall be calculated as the sum of all roof area(s) for a development and not by individual structures.
b. Allowed Deductions: codified amenity spaces, codified setbacks, HVAC systems, fire suppression systems and associated easements, and emergency corridors. c. The following graduated spatial requirement shall be used to determine the green roof size for each new development.
Net Roof Area for Entire
Development Size of Green Roof
Less than 5,000 ft² Exempt
5,000-14,999 ft² 20%
15,000-29,999 ft² 25%
30,000-49,999 ft² 30%
50,000-64,999 ft² 35%
65,000 ft² or greater 40%
2. Photovoltaic Panels (PV). PV panels and green roofs shall be co-located where feasible. If co-located, PV panels shall be clustered together with individual rows spaced 32” apart to allow for sunlight penetration to the green roof beneath.
3. Habitat. All projects, including green roof improvements and new construction, shall satisfy the following standards regarding plant selection and siting. a. Plant Palettes.
i. Plant and tree selection shall be per Section 3.6 Landscaping and be appropriate for siting on green roofs (e.g., low maturation height and weight, shallow root structure, low water requirements).
ii. Landscaping shall configure plantings in multi-layered clusters, placing groundcover, shrub, and tree canopy layers in the same area to provide vertical structure. Target an overlap of 2-3 layers of native vegetation for >75% of the planting area. 294
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b. Tree selection and placement. All green roof tree selection and placement shall satisfy the following standards regarding size and stability.
i. Root Structure. Tree species with deep taproots or invasive root tendencies are not permitted.
ii. Root anchoring. All trees shall be anchored at the root ball in accordance with wind shear, pressure, and suction capacity of the associated soils. c. Soils. Varied topography, soil materials, and soil textures are critical in supporting more diverse plantings, pollinators, and a greater range of ecological functions. Engineered soil shall be placed at varying depths to mimic the natural undulation of native habitat. Deep green roof soils (≥ 6 in.) increase the potential for healthy long-lived plantings and associated enhanced biodiversity.
Deeper soil helps to reduce root zone temperature extremes, retain moisture, and support more diverse invertebrate populations. Green roof soil depth shall satisfy the following requirements to support healthy native plants.
i. General native plant support standards for soil depths are as follows:
1. ≥ 6” for herbaceous plants
2. ≥ 10” for small woody shrubs
3. ≥ 18” for large woody shrubs
4. ≥ 30” for small trees
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5.5 Building Materials
Intent
• To promote the use of high quality, durable, sustainable, and attractive materials that exhibit a sense of permanence and contribute to the aesthetic quality of the development and to the urban design fabric of the community.
5.5.1 Allowed Building Materials
1. Variation in Building Materials. Each façade shall include the following materials:
a. Primary materials shall cover between 55 to 65% of each exterior (excluding windows, doors, garage doors, and building trim).
b. High-quality primary materials such as brick, stone, ceramics, metals, fiber-cement panels, Shou Sugi Ban, or other composite panel systems may exceed 65% maximum. Panel systems shall not have exposed bolts or fasteners.
c. A secondary material(s) shall cover the remainder of each façade (excluding windows, doors, garage doors, and building trim) from 25 to 35%.
d. Durable finish and/or accent materials, including masonry, tile, stone, brick, and/or finished metal may cover up to 10% of the first floor of the front façade (excluding building trim).
2. Prohibited Siding Materials. Plywood, vinyl, plastic (and plastic laminate), and fiberglass, shall be prohibited siding materials.
3. Building Component Colors. All vents, gutters, downspouts, flashing, electrical conduits, etc., shall be painted to match the color of the adjacent surface.
4. Signage. Signage shall meet requirements of Milpitas Signage Ordinance.
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6 Usable Open Space
Intent
• To create well designed common and private open spaces that serve multiple purposes, encourage gathering, improve the health and wellness of residents, and embraces nature in our built environment.
6.1 Rules for Distribution of Open Space
1. Usable Open Space may be provided as Publicly Accessible Open Space, Common Open Space, or Private Open Space.
a. For (L) and (XL) projects, a minimum of 30% of required Usable Open Space shall be Common Shared Open Space.
b. Publicly Accessible Open Spaces greater than 5,000 sf in continuous area may count as 1.2 times the amount of required common shared open space.
6.2 Open Space Types
6.2.1 Publicly Accessible Open Spaces
Publicly Accessible Open Space may include plazas, courtyards, seating areas, parklets, play areas, recreational facilities or equipment, dog parks, and usable green space, among others. Spaces may be provided that do not meet the standards below, but they may not be counted toward the required Usable Open Space.
1. If Publicly Accessible Open Space is provided, it shall meet the following standards:
a. Shall be publicly accessible for a minimum 12 consecutive hours per day. b. Shall be accessible from a public right-of-way or from a publicly accessible lobby with signage including open space type, hours of access, and amenities visible from a public right-of-way. c. Shall have a minimum area of 1,000 square feet.
d. Shall have a minimum dimension of 25 feet in any direction. e. Shall have permanent seating (e.g., seat walls, planter ledges, benches, picnic tables, and seating steps).
f. A minimum of 60% of the area shall be open to the sky and free of permanent weather protection or encroachments. Trellises and similar open-air features are permitted. g. Shall have a minimum 20% of landscaping:
h. A minimum of 20% of the open space area shall be planted with ground cover and/or shrubs. i. A minimum of one tree shall be planted per 400 square feet of the open space area.
6.2.2 Common Open Space
This section applies to private common open space in residential subdivisions (including rowhouses), multi- family residential projects, and residential mixed-use projects. Private common open spaces are outdoor open spaces that are shared and accessible only to building residents and their visitors. Common open spaces may include courtyards, gardens, play areas, outdoor dining areas, recreational amenities, and rooftop open spaces.
Spaces may be provided that do not meet the standards below, but they may not be counted toward the required Usable Open Space.
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1. Common Open Space shall meet the following standards:
a. Shall be immediately adjacent to common spaces, hallways, or residential units. b. Shall be accessible to all residents.
c. Shall have a minimum width and length of 20 feet.
d. Courtyard enclosed by three sides of a building shall have a minimum width that is equal to or greater than 80% of the highest height of the adjoining faces. e. Fully enclosed courtyards shall have one minimum dimension that is equal to or greater than the highest height (up to 80 feet) of the adjoining facades. The second dimension shall be equal to or greater than 80% of the highest height of the adjoining facades.
f. A minimum of 60% of the area shall be open to the sky and free of permanent weather protection or encroachments. Trellises and similar open-air features are permitted. g. Minimum 20% of the open space area shall be planted with trees, ground cover, and/or shrubs. h. Shall have permanent seating.
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6.2.3 Private Open Space
This section applies to personal private open space in multi-family residential and residential mixed-use projects.
Private open space areas are intended for private use for each dwelling unit and may include balconies (covered or uncovered), private gardens, private yards, terraces, d ecks, and porches, among others. Spaces may be provided that do not meet the standards below, but they may not be counted toward the required Usable Open Space.
1. If Private Open Spaces is provided, it shall meet the following standards:
a. Shall be directly accessible from a residential unit. b. Balconies shall have a minimum dimension of 6 feet in depth and width. c. Balconies shall have a minimum floor area of 50 square feet. d. Patios shall have a minimum dimension of 8 feet in depth and width. e. Patios shall have a minimum floor area of 64 square feet. f. Floor to ceiling height shall have a minimum dimension of 8.5 feet. g. May be covered but not fully enclosed.
h. Ground level private open space shall be screened or buffered from adjacent private or common open space and dwellings by landscaping, fencing, walls, trellises, or other screening elements. 299
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CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Receive a Report on the Homekey Project at 1000 Hillview Court (Staff Contact:
Ashwini Kantak, Assistant City Manager, 408-586-3056)
Category: Community Development
Meeting
Date:
8/16/2022
Recommendation: Receive a Report on the Homekey Project at 1000 Hillview Court.
Background:
On July 16, 2020, the California State Department of Housing and Community Development (HCD) announced the release of the Project Homekey Notice of Funding Availability (NOFA) for $600 million to purchase and rehabilitate housing, including hotels, motels, vacant apartment buildings and other buildings, and convert them into interim or permanent, long-term housing. The program's purpose was to expand and diversify housing options for homeless persons at high-risk for serious illness and impacted by COVID-19. Cities, counties, or other local public entities, including housing authorities or federally recognized tribal governments within California, were eligible to apply independently or jointly as the lead applicant with a non-profit or for- profit corporation.
The County of Santa Clara’s Office of Supportive Housing (County) and Jamboree Housing Corporation (Jamboree) jointly applied for and received Homekey funding to convert a hotel at 1000 Hillview Court into a 132-unit permanent supportive housing development (Hillview Court).
The project was funded through a combination of $29.2M in Homekey grant funding, $21.9M in 2016 Measure A funding from the County as a residual receipts loan and up to $25M in 2016 Measure A funding from the County as a bridge loan. The project is also supported with 132 Section 8 Project Based Vouchers from the Santa Clara County Housing Authority. Finally, the County provides approximately $1.7M in ongoing funding for supportive services and currently contracts with Abode Services.
The conversion of Hillview Court has taken place in two phases. The first phase included minimal interior repairs and leasing of 50% of the units to both meet the Homekey deadlines and to afford Jamboree sufficient space to complete the necessary improvements to the building. Tenants of the first phase started to move in December 2020 and slowly started to move out to other buildings in August 2021. The second phase of the project included the permanent conversion of the property and tenants of the second phase started to move in September 2021. Additional security elements and some facility improvements are anticipated to be completed by 2023.
As of August 9, 2022, the project is at 90% occupancy, with 120 of the 132 units occupied. The remaining units are expected to be occupied by October. Ten residents are affiliated with Milpitas while the remaining are affiliated with other cities and towns in the County.
Jamboree, as the Project Owner, is responsible for the overall management and oversight of the property including property management and resident services. Jamboree contracts with Hyder for property management and security services, and contracts with Housing with Heart to provide resident services. The County is primarily responsible for providing referrals to the 132 units and to ensure that tenants are provided 300
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supportive services in accordance with the Supportive Housing Services Plan. These respective roles are memorialized in a No Cost Memorandum of Understanding between the County and Jamboree (See Attachment 2). The County provides intensive case management services at a ratio of 1 case manager for every 20 tenants.
On site services include educational and social activities and linkage to resources such as job training, health insurance, food programs, and government resources. Referrals are made to off-site services such as drug and alcohol rehabilitation and mental health services, however these services are not provided on-site. The role of the case manager is to develop client-centered service plans to obtain and retain housing, improve health conditions, improve daily living activities and to achieve long-term stability. In addition, the case manager provides care coordination including assisting clients with transportation needs.
At the June 7, 2022, City Council meeting, Councilmember Chua requested a periodic report (quarterly or monthly) on crime statistics related to the Project. Additionally, Councilmember Dominguez requested a copy of the management manual and asked for a discussion on a potential oversight committee and updates from the County, which could be combined with the updates requested by Councilmember Chua. Mayor Tran requested that the County be included any discussions on this topic and that an update be provided in August.
Analysis:
At the August 16 City Council meeting, representatives from the County, Jamboree, and Hyder will be in attendance. Jamboree will provide an update including current occupancy status, management and oversight roles and responsibilities, terms of lease agreements, and a summary of the supportive services. Jamboree will also describe the process for ensuring compliance with the terms of the agreement, both by its sub-contractors and by the residents. County staff will be available to answer questions.
Police Department staff will present crime statistics from January 2020 to July 2022 including the number of calls for service, types of calls for service, and officer-initiated activity. Fire Department staff will also provide information about calls for service from January 2020 to July 2022.
Fiscal Impact:
There is no fiscal impact associated with receiving this report. However, the increased volume of Police and Fire calls for service at this site impacts response times to the rest of the Milpitas community and may necessitate investment in additional public safety resources in the future.
California Environmental Quality Act:
Not applicable.
Recommendation:
Receive a Report on the Homekey Project at 1000 Hillview Court.
Attachments:
1. Sample Tenant Lease Agreement
2. (Draft) No Cost Memorandum of Understanding {NOTE: Management Plan is on page 86} 301
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1 _
________________________________
PROPERTY
LEASE AGREEMENT
This re
sidential lease is made this day of between ____________________ as Management (hereinafter referred to as "we" or "us") and as Resident (hereinafter referred to as "you").
W
e lease to you and you rent from us the premises, described as follows: A __________- bedroom dwelling unit designated as Unit Number ________ or residence address at_______________________, located at ________________________, together with fixtures, accessories, and the following appliances and furniture:
The
lease is subject to the following terms, conditions, covenants, and agreements:
1. Regulations
This lease and your occupancy are governed by Project HomeKey. If any terms or conditions of this lease are inconsistent with regulations of this agency, then the agency regulations shall control.
2. Term
This lease will begin on__________________,20 and will end on ___________________________, 20____, or until terminated either by you or us as provided in this lease.
3. Rent
A. The initial rent for the premise is $_____________ per month to be paid by or on behalf of you to us at the: Property Office, located at:_____________________________________, phone” ___________________ .
B. Rent shall be paid in advance on or before the first day of each month and is late on the sixth day. If rent is not paid before the sixth day, you will be charged a late rent charge of $ .
C. R
ent shall be adjusted periodically in accordance with Section 4.
4. Income Certification and Re-certification & Adjusted Rent A. Your eligibility for this rent is based on information that you have provided to us regarding your household income, assets, and household size. Each year, prior to renewal of the lease, within 30 days after receiving notice from us, you agree to provide updated information on a form we provide you. You agree that all such information regarding household size, income and assets provided to us is true, complete, and correct to the best of your knowledge. You further agree that failure to provide such information, or providing false or misleading information, will result in the termination of your occupancy and eviction from the premises.
Hillview Court Apts
Hillview Ct Apt
1 Hillview Ct Apt
1000 Hillview Ct
1000 Hillview Ct, Milpitas, CA 95035
669-350-2121
25 The HUD Tenancy Lease/Addendum is incorporated by reference into the LeaseATTACHMENT 1 302
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2 B. We will additionally adjust the rent described in Section 3 periodically. The first adjustment may occur so that the rent adjustment date will coincide with the project fiscal year. We will give you 30 or in some cases 60 days written notice prior to the effective date of any rent adjustment and will execute a new lease, lease amendment, and or change of terms amendment, providing for the rent adjustment.
5. Security Deposit
Tenant will pay in advance of occupying the unit, a security deposit in the amount of $_____________, which shall not exceed the rent for two months. We may apply the deposit after you vacate the premises to repair any loss or damage caused by you or your guests to the premises or development other than normal wear and tear. We also may apply the deposit for the payment of rent due and owing from you.
Within twenty-one days after you vacate the premises, we will repay the security deposit without interest, less any amounts deducted, to you at your forwarding address or such other address as you may designate in writing. At the same time, we will provide you with a written itemized statement describing the reason for and the cost of any deductions from the deposit in excess of $126.00 as per California law.
6. Utilities
Tenant will pay for telephone service and the following utilities, including all fees, deposits, and charges therefore:
____________________________________________________________________________________
7. Use
A. You shall use the premises as, and only as, your primary place of residence. You shall not permit any illegal activity or use on the premises. The premises shall be occupied only by members of your household consisting of _______ Adults (anyone over 18 years of age) and ________ children (anyone under 18 years of age) with the following names and no other. You must inform us in writing and receive written approval from us prior to allowing any other person to reside in the unit or visit for longer than 21 days in a calendar year and 7 consecutive nights.
Name Date of Birth Social Security #
____________________________________________________________________________________
____________________________________________________________________________________
B. Project regulations set forth minimum and maximum household sizes. If as a result of a change in the number of persons in your household, your household size decreases to below the minimum or increases to above the maximum allowed under the Regulations for your unit size, we may terminate this lease or at our option require that you move to a different-sized unit.
8. Maintenance
You shall keep the premises and all fixtures, accessories, and appliances in a clean, sanitary, a nd safe condition. If you or your guests cause or permit damage to the premises, you shall be liable for the cost of repair.
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3 9. Remodeling and Alterations
You shall not undertake any remodeling, redecoration, or alteration, including built-in shelving, painting, wallpapering, and window covering, to the premises without receiving our prior written permission.
10. Rules
You shall comply with written rules we issue regarding use of the premises and common areas. Any amendment to the rules shall be effective 30 days after the notice thereof to you. You shall not cause or permit on the premises or common area, excessive noise or any other activity that disturbs the peace and quiet of other residents or neighbors. You shall not cause or permit any activity constituting a nuisance on or about the premises or which adversely affects the health or safety of any person, nor shall you interfere with the management of the premises. By initialing as provided, you acknowledge receipt of a copy of such rules, a copy of which is attached to and made a part of this lease. _________ (Initials).
11. Sublease or Assignment
You shall not sublease or assign this lease or any portion thereof. If you attempt to sublease or assign this lease, the lease shall be null and void and no right to occupy the premises shall arise from any attempted sublease of assignment.
12. Entry and Inspection
a. We or our agent may enter and inspect the premises after giving reasonable notice to you for the purpose of:
b. Making necessary or agreed upon repairs;
c. Inspecting for compliance with the terms of this lease;
d. Showing the premises to prospective lenders, purchasers, residents, contractors, repair workers, or representatives from the project;
e. Performing contracted pest control services;
f. Conducting annual and any other inspections.
Twenty-four hours’ notice or more shall be considered reasonable notice for the purpose of entry and inspection. In addition, we or our agent may enter the premises without notice if necessary, in any emergency.
13. Joint Responsibility
You must be 18 years of age or older and not under the care of a parent or guardian to sign this lease. You acknowledge that this lease is between us and each person executing this lease jointly and individually. In the event of default by anyone, each and every person who executed the lease shall be responsible for payment of the total rent stated in Section 3 or amended by Section 4 and all other provisions of the lease.
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4 14. Hold Harmless and Waiver
We do not provide insurance for your personal property. You agree to indemnify and hold us harmless and in no way accountable for personal injury and or property damage caused or permitted by you or any other person on the premises with your consent except as may be caused by our negligence.
Security. Resident acknowledges that Landlord has made no representations that the property is a "secure" complex and that Resident is safe from theft, injury or damage. Gates, fences and locks are provided primarily for the protection of Landlord's property and are not warranties of protection or are they specifically provided for the protection of Resident's or guests' persons or property. Resident shall take appropriate measures to protect Resident's own property and report to the Police any suspicious activities, person or persons occurring on or about the general premises.
Liability/Damage Responsibility. Resident agrees to hold Landlord harmless from all claims of loss or damage to property and of injury or death to persons caused by the intentional acts of negligence of the Resident, Resident's guests or invitees, or occurring on the premises rented for Resident's exclusive use.
Resident expressly absolves Landlord from any and all liability for any loss or damage to Resident's property or effects arising out of water leakage, or breaking pipes, or theft, or other causes beyond the reasonable control of Landlord. This includes damage to Resident's or guest's vehicles while parked on the property. In the event the premises are damaged by fire or other casualty covered by insurance, Landlord shall have the option either to:
1. Repair such damage, this Agreement continuing in full force and effect; or
2. Give notice to Resident terminating this Agreement.
Landlord shall not be required to repair or replace any property brought onto the premises by Resident.
Resident agrees to accept financial responsibility for any damage to the premises from fire, water or casualty caused by Resident's negligence. Resident is encouraged to carry a standard renter's policy or as an alternative, warrants that Resident will be financially responsible for losses not covered by Landlord's fire and extended coverage insurance policy. In no event shall Resident be entitled to any compensation or damage due to any extra expenses, annoyance, or inconvenience for loss of use due to a casualty beyond the control of the Landlord.
15. Possession
If we are unable to deliver possession of the premises at the time the lease begins, we shall not be liable for any damage caused thereby, nor shall this lease be void or voidable, but you shall not be liable for rent until possession is delivered. You may terminate this lease by written notice to us if possession is not delivered within three days of the beginning of the terms of this lease.
16. Your Obligations
You agree to:
a. Comply with all obligations imposed upon you by applicable provisions of state and local building codes materially affecting health and safety.
b. Keep the premises and such other areas as may be assigned for your exclusive use in a decent, clea n, sanitary, and safe condition and the inside of premises maintained according to acceptable housekeeping standards.
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5 c. Dispose of all garbage, rubbish, and other waste from the premises in a sanitary and safe manner including Paragraph 5 of the House Rules.
d. Use only in a reasonable manner and in a manner designed to conserve gas, electricity and water: all electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances.
e. Promptly notify us of the need of repairs to the premises and known unsafe conditions in the common areas and grounds of the project.
f. Refrain from and cause your household and guests to refrain from destroying, defacing, or removing any part of the premises or project, including placing contact paper, decals, or paint on the premises.
g. Pay for repairs or damage to the premises, project building, facilities, or common areas that you or your household or guests intentionally or negligently caused.
h. Conduct yourself and cause other persons who are on the premises with your consent to conduct themselves in a manner which will not disturb neighbor's peaceful enjoyment of their accommodations and will be conducive to maintaining the project in a decent, safe, and sanitary condition.
i. Refrain from any illegal activities.
j. Park in assigned parking areas and cause guests to park only on the street and not park in resident parking areas, common driveways or lawn areas, and not block access to other residents or emergency vehicles.
k. Comply with the written rules described in Section 10 above.
17. Our Obligations
We agree to:
a. Comply with the requirements of applicable state and local building and housing codes and regulations materially affecting health and safety.
b. Within a reasonable time, make necessary repairs to the premises to keep them in habitable condition.
c. Keep project building, facilities, and common areas, not otherwise assigned to tenants for maintenance and upkeep, in a clean and safe condition.
d. Maintain in good and safe working order and condition smoke detectors, electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances supplied or required to be supplied by us.
18. Termination and Eviction
a. You may terminate residency by giving 30 days advanced written notice to us. If you do not give the full 30-day notice, you shall be liable for the rent up to the end of the 30 days from which notice was required, or to the date the unit is re-rented, whichever comes first. You agree to vacate the premises no later than the expiration date of such notice, remove all your personal property, and leave the premises clean and in good repair, normal wear and tear excepted.
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6 b. We may terminate your residency in the premises, if after the household size certification required by Section 4 of this lease, you no longer meet the occupancy standards for the premises. You shall vacate the premises no longer than sixty days from such receipt of notice of termination.
c. We may terminate this lease and, if necessary, evict you if:
1. You fail to move out of the premises on or before the effective date of termination given in the notice required in Subsection 18-A above.
2. You materially breach the terms of this lease. A material breach means:
(a) Nonpayment of rent or any financial obligation under the lease after expiration of a 3-Day Pay or Quit Notice, or
(b) Four or more late rent payments within any 12-month period received after the fifth day of the month, or four or more lease violations of any kind in any 12-month period. (c) Failure to reimburse us within 30 days or other reasonable time agreed upon by you and us for repairs required to maintain the premises (Section 8 of this lease), or (d) A breach resulting in damages to the premises or any other portion of the project, or (e) A breach which adversely affects the health, safety, or quite enjoyment of any resident or visitor to the premises, or
(f) A breach which interferes with our responsibilities. (g) Any illegal activities.
3. You fail or refuse to provide the income information upon income certification required by Section 4 of the Lease or intentionally provide false or incomplete information.
e. Any notice of termination or eviction shall contain a statement of the facts constituting the cause for the termination or eviction. In any eviction we shall have the right to recover reasonable attorney fees and costs in addition to any other judgements.
19. Waiver
This is the entire agreement, and this agreement will not be modified except in writing and signed by all parties.
Our failure to insist upon the strict performance of the terms, covenants, agreements, and conditions contained herein, or any of them, shall not constitute, or be construed as a waiver or relinquishment of our right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect.
20. Megan's Law Notice: Assembly Bill 488 and the California Department of Justice, sheriff's departments, police departments servicing jurisdictions of 200,000 or more provides the public with Internet access to detailed information on registered sex offenders pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The database is updated on a quarterly basis and is a source of information about the presence of these individuals in any neighborhood. The law is not intended to punish the offender and specifically prohibits using the information to harass or commit any crime against an offender. http://www.meganslaw.ca.gov.
21. Additional Lease Provisions
Additional provisions are incorporated and attached to this lease as:
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7 (1) Community Rules
(2) Lease Addendum of Drug and Crime-Free Housing
(3 ) Guest/Visitor Policy
(4) Low-Income Housing Tax Credit Lease Rider – Income Cert, Verification, False Stmnts (5) Mold/Moisture Disclosure Statement / Mold & Mildew Addendum (6) Public Access Disclosure
(7) Bed Bug Addendum
(8) VAWA
22. Acknowledgement
As consideration for your continued fulfillment of the terms and conditions of this lease, we agree that you may, during the effective period of this lease, have and enjoy the use of the premises described above.
Management: Hyder Property Management
Professionals Co-Resident: __________________________________ Name
By: __________________________________ Date: ________________________________________
_____________________________________ Co-Resident: __________________________________ Title Name
Date: ________________________________ Date: ________________________________________
Co-Resident: __________________________________
Date: ________________________________________
Co-Resident: __________________________________
Date: ________________________________________
Assistant Property Manager
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HYDER PROPERTY MANAGEMENT PROFESSIONALS
Community Rules
__________________________________
Project Name
The rules and regulations contained in this handbook are an important addition to and incorporated into the lease agreement that you have signed.
Each tenant is responsible to become acquainted with and comply with its contents.
This apartment project is operated in accordance with the laws, policies and standards prescribed by the Governing Agency.
The information in this handbook defines tenant-management responsibilities. Your support will enable us to continue to administer this project and maintain a high standard which will merit your pride as an individual in this community.
The insurance policy that the owner carries does not insure the property of the tenants. Your personal property (furniture, clothes, vehicles, etc.) is not covered by our insurance. We urge you to buy a Renters Insurance Policy to cover your personal belongings. These policies are inexpensive and available from almost any general insurance agent.
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, ancestry, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, primary language, familial status, source of income, veteran or military status, political beliefs, or any other state or federal protected class in accordance with program regulations.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact Management or the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992.
Submit your completed form or letter to USDA by:
(1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email:
[email protected].
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“This institution is an equal opportunity provider.”
“El Departamento de Agricultura de Estados Unidos (USDA) ofrece igualdad de oportunidades.”
General Information
A. Rental Office Location: __________________________________________________
B. Phone Number for Rental Office: __________________________________________
C. Office hours are posted at the office and are subject to change from time to time. In case of emergency, contact the property’s emergency maintenance line or call 911.
D. The following common area and facilities are available to Tenants:
________________________________________________
________________________________________________
________________________________________________
E. If you need our assistance from the Managing Agent’s Headquarters, please contact us at 1649 Capalina Road, Suite 500, San Marcos, CA 92069-1226 or call us at (760) 591-9737. We are open Monday through Friday 9 AM to 5 PM. In case of emergency please dial 911.
The House Rules included herein, in addition to the provisions of your lease agreement, explain your rights and responsibilities which govern your tenancy. You are responsible to comply with these provisions and rules.
1. Alcoholic Beverages
No open alcoholic beverage containers are allowed in the common areas and no alcohol may be consumed in any common areas on this site (walkways, stairwells, etc.). Alcoholic beverages may be consumed in the resident’s apartment or on the patio/balcony only. Any conduct resulting from alcohol consumption that disturbs other residents and/or the quiet enjoyment of the apartment community is prohibited.
2. Apartment Occupancy
Occupants will be limited to those persons listed on the Lease Agreement. Resident agrees to advise management of any anticipated change in the household size; agrees to notify management of any change in student status; and agrees to refrain from engaging or permitting unlawful activities within the apartment, or for permitting use of the apartment for unlawful purposes.
3. Balconies and Patios
Balconies, patios and porches are not to be used for storage at any time, including the storage of trash or recyclables. You may keep a limited amount of personal property such as patio furniture or plants. Carpeting is not allowed on balconies. Never throw or sweep anything off the balcony.
Keep outside areas free of litter, spider webs, and dust. Plants or other items, including clothing, are not to be placed on the balcony or patio railing, or on patio enclosure fences. Plants must be placed on saucers to prevent water damage and dripping onto patios below. No water lines or extension cords are to be extended outside the apartment.
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4. Bicycles, Motorized Scooters and Wheeled Apparatus
Park or store all bicycles outside in areas designated as bicycle parking and keep them locked.
Bicycles not parked in designated areas which have been left in the common areas will be considered abandoned and may be removed without notice. To prevent theft, have your bike licensed or clearly marked with an ID number.
Recreational motorized scooters may be ridden only in driveways. (Motorized wheelchairs or other motorized devices designed to assist persons with disabilities are allowed in all areas of the community). Pedestrians have the right of way on all walkways and sidewalks and vehicles have the right of way in all driveways and parking lot areas. Bicycles, skateboards, roller skates/blades, tricycles, and other wheeled apparatus must be operated in such a manner so as not to create a danger or nuisance to other residents or damage to the property. No riding of bikes or wheeled apparatus is allowed indoors (with the exception of motorized wheelchairs or other motorized devices designed to assist persons with disabilities).
5. Outside Entertainment:
The use of drones, bouncy houses, wading pools and music sources (DJ, speakers, radio, Karaoke etc.) are prohibited in outside common areas.
6. Parking- Vehicle Storage of Inoperable Vehicles:
Residents are prohibited from storing non-operational, unregistered and uninsured vehicles on the property grounds and understand that any non-operational vehicle will be considered unauthorized and subject to towing under California law. Parking of trailers of any type, motor homes, boats and other similar vehicles are prohibited. Only those vehicles registered with the office are permitted to park on the property grounds. You are approved to have ____ vehicles parked on the property. If parking spaces are assigned, Resident must park in those assigned parking spaces. Car washing or any vehicle maintenance is prohibited on the property grounds.
Vehicles causing damage to the property, including vehicles leaking fluids, must be removed from the community. Vehicles should be parked between the white striped lines, not in red fire zones or blue handicap parking (unless a handicapped license plate or placard is visible).
7. Responsibility of Resident
Resident is responsible for resident’s actions and the actions of all household members and guests. It is resident’s responsibility to ensure that resident, all household members and guests are aware of and follow the House Rules and all obligations under the lease agreement.
8. Community Events
Events including garage sales must have prior written approval from the Property Manager.
9. Damage Charges
Apartments are inspected at least once a year in accordance with affordable housing programs.
Residents will be charged for damage beyond normal wear and tear. Keep the apartment clean and free from trash. Avoid putting holes in walls or ceiling, scorching or cutting the countertop or allowing water to overflow. Keep liquids off the carpet and wipe up spills immediately. Never use bleach on the carpet. Do not store hazardous chemicals, such as paint or any non-household chemicals, in the unit. Do not store items in ovens or dishwashers. Do not hang items from fire sprinklers. Do not iron on the carpet. Residents may not use the premises for storage of excessive amounts of personal property which blocks doors or windows, does not allow for safe access into all areas of the premises, or which does not allow the rooms or amenities inside the premises to be used for their intended purpose. Trash or recyclables may not be stored inside the premises or on balconies or patios and must be discarded into proper receptacles on the property grounds. For your safety no modifications may be made to the electrical, plumbing or other systems in the unit. 311
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10. Firearms and Explosive Devices
For the safety of all Residents, Firearms and explosive devices of all types are prohibited on the premises.
11. Fire Safety
You are responsible for insuring proper use of candles, incense and space heaters. Never leave lit candles or incense unattended. Certain fire doors and exit doors must remain closed at all times.
Other doors are intended to remain open. Do not leave doors propped open that are intended to be closed. Likewise, do not close doors that are intended to remain open. leave food cooking on the stove unattended. Limit use of extension cords inside the premises and ensure extension cords in use are not overloaded with electronic devices., and never run extension cords under rugs or across walkways. The use of extension cords outside the premises is prohibited.
12. Fireworks
Fireworks of all types are prohibited anywhere on the property grounds.
13. Grills (Propane or Charcoal)
Personal Grills and BBQs are not allowed on patios, balconies, or anywhere else in the community, including inside the premises. Residents may use any BBQs provided on the property. Do not dispose of hot/warm coals in the dumpster or garbage cans. Wait until the coals are cold and then put them in the dumpster.
14. Guests
Visitors and guests must be in the company of a resident at all times. Residents are responsible for the actions of their visitors. Failure of visitors to follow the rules and regulations of the property may result in termination of the resident’s Lease Agreement. Visitors on the property not in the presence of a resident are considered to be trespassing. Residents may have a maximum of two (2) guests with them when using the common area amenities unless Management has approved a greater number in writing.
Guests remaining more than _______ nights per month or more than _____nights in a year may constitute residency and effect your qualifying for your apartment home. Guests remaining more than _____ nights per month or more than ____ nights per year must receive prior authorization in writing by management. Failure to comply may result in termination of the lease agreement.
15. Harassment
Management will not tolerate harassment of residents, staff or visitors. Harassment includes verbal, physical or other conduct that creates an intimidating, offensive or hostile living environment, or that interferes with the work of staff. Any incident of harassment should be reported promptly to the Property Manager. Noncompliance with this provision of the House Rules is grounds for termination of Resident’s tenancy.
16. Illegal Drugs and Marijuana
Sale, possession or use of illegal drugs, drug paraphernalia, marijuana or other controlled substances is not permitted anywhere on the property and is grounds for immediate termination of tenancy.
17. Inspections
Resident acknowledges that Management and other Government Agencies will inspect the premises periodically in accordance with the affordable housing rules and regulations which govern your tenancy. Management may also enter the premises for other reasons in accordance with California law, including, but not limited to, in order to make necessary or agreed upon Guests remaining more than _3______ nights per month or more than _21____nights in a year may 312
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repairs, renovations, or provide services, check smoke alarms or carbon monoxide detectors, or inspect the premises for bed bugs. Management will provide you with at least 24 hours advanced notice in accordance with California law.
18. Laundry Rooms
Laundry rooms are to be used only during the hours posted. Follow all posted instructions and do not leave your laundry unattended. Be considerate of your fellow neighbors and promptly remove your clothes from the appliances so that others may use the machines. Any clothes not removed and/or left unattended are subject to removal by Management. The Laundry Room(s) are for resident use only. Dispose of any dryer lint or trash and leave the room in a neat and orderly condition. Please report any concerns to the management office.
19. Lockout
If you find that you are locked out, first call or visit the on-site staff member. If the call for service is after hours there will be a charge billed to the tenant on the next business day. You will never be asked to pay cash at time of service. If staff is not available to help after regular business hours, you will need to call a locksmith at your own expense. If locks are changed the office needs a copy of the new key.
20. Mail Delivery
The US Postal Service will label your mailbox with the names of designated residents only. Do not tamper with any mailbox, any label affixed to the mailbox, or interfere with mail delivery as this is a violation of law. No staff person is authorized to accept delivery of your packages or mail.
21. Noise
Resident agrees not to make, nor permit disturbances (i.e. parties, music, loud voices, loud television), which may disturb other residents or neighbors, especially between the hours of 8:00PM – 8:00AM. All residents are entitled to the quiet enjoyment of their units. Please be considerate of your neighbors and ensure that your actions or the actions of your guests do not cause excessive noise on the property.
22. Paying Rent
Rent is due on the first of the month and there is a late charge after the ______ of the month. Cash is NOT accepted. There is a $25 fee for the first “bounced”/NSF check And a $35 fee for any subsequent NSF checks. All checks or money orders MUST have the payee line completed (payable to the property name). Do not leave this line blank. The Property Manager is not authorized to complete the payee line on your check or money order.
23. Pest Control
Regular spraying of the building exterior is necessary to prevent pests from spreading throughout the property. If pest control is required in your apartment, please notify management immediately. you will be required to comply with all pest control preparation requirements. The control of insects and rodents is a joint responsibility of the Resident and manager. Insects and rodents must have food and water to exist and multiply. Good housekeeping practices and cleanliness will eliminate the source of food and water thus reducing the pest population.
24. Personal Property – Common Areas
No personal property or structures of any kind may be left or erected in the common areas.
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25. Pets
No pets or animals are permitted on the grounds or in these apartments without prior written permission of the Property Manager. Possession of an unauthorized pet or pets is considered a lease violation and may cause the service of a Notice to Terminate Tenancy. Assistive animals for the disabled are not considered to be pets but do require advance written approval of the Property Manager. Visitors are not allowed to bring pets onto the property. Disabled guests with assistive animals are exempt from this policy.
26. Posting Materials
No posting of any materials outside of your unit or in the common areas is allowed unless specifically allowed by law.
27. Reasonable Accommodation Requests
The Owner and management proudly comply with all state and federal fair housing laws.
Residents with disabilities have the right to make requests for reasonable accommodations and reasonable modifications. Residents who would like to make a request should notify the management staff. Management will consider each request and notify you within a reasonable time frame regarding their decision. Management reserves the right to request verification of a Resident’s disability and/or disability-related need for the requested accommodation or modification in accordance with fair housing laws. Management can provide forms which Residents can use for their convenience in order to provide requested verification.
28. Renter’s Insurance
Your furniture and possessions are not covered by the Property’s insurance. It is highly recommended that you obtain renter’s insurance to protect you and/or your personal property.
29. Satellite Dish
Satellite Dishes are permitted if they are installed in accordance with the “Satellite Dish / Antenna Addendum” to the Lease. Install the equipment only as specified in the Addendum. Do not put holes in building, balcony or patio walls, ceiling, roof or other structures. Unauthorized installation of a satellite dish or antenna will result in removal of the hardware and the resident will be charged for the full cost of repair. Please ask your Property Manager for more information.
30. Security System
If your unit is equipped with a security alarm, you must give the Property Manager the security code for emergency use.
31. Smoke Detector
For your safety, test your smoke detectors regularly. Never unplug or remove the battery from a smoke detector. If it is beeping, it may need a new battery. Tell the Property Manager immediately if the smoke detector is beeping or not working.
32. Smoking (if Applicable)
Smoking is only permitted in the designated outdoor smoking areas. Smoking is not permitted anywhere else including, but not limited to, inside individual units, balconies, patios, playgrounds, laundry rooms, office, or community room. Please see the Smoke Free addendum for additional information.
33. Soliciting
No soliciting is allowed on the premises.
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34. Trash Removal
Put trash in the dumpster and sort glass, metal and paper into recycling containers, if/as available.
Break down boxes before disposal. Pick up any spilled trash. Do not dispose of any furniture or large objects in the trash area or you will be charged for extra hauling costs incurred by Management. Do not dispose of any chemical, paint, solvent, or oil in the waste containers or you will be charged a fee incurred by Management for removal.
35. Washers and Dryers
Washers and dryers are not permitted in apartments unless they have been provided by management or the apartment was plumbed and vented for the addition of washers and dryers.
36. Waterbeds/Fish Tanks
You may maintain a waterbed only with the advance written approval of the Property Manager.
You will need to supply proof of waterbed insurance in accordance with California law. Fish tanks over 10 gallons require proof of renter’s insurance.
37. Windows
Keep your windows free of any adornment, obstruction, or decoration, except for seasonal decorations which must be promptly removed after the holiday. Do not remove the window coverings provided without advance written permission of the Property Manager.
38. Work Orders
All maintenance work is completed based on a written work order. Call the Property Manager during office hours to report a maintenance need. Work is completed on a priority basis and will be scheduled as soon as possible. Unless otherwise expressed by you, we will assume that our staff have permission to enter your apartment when you request Maintenance work be performed and a time has been designated by Resident and Management to perform the work. You are not required to be present during maintenance work. Maintenance staff will expect you to pre-clean / prepare in advance the area or appliances in need of repair. If there is no response to your work request within 72 hours, follow up with the Property Manager. If an outside vendor is scheduled to complete your work request and you have been given the proper notice to enter and you either refuse service or have not prepared the area as instructed, you agree to pay any fees billed to Management by the vendor for the trip to your unit.
39. Tenant Complaints:
Management has established a set of procedures designed to ensure that there is a fair and equitable process for addressing tenant concerns and to ensure fair treatment of tenants in the event that an action or inaction by the Owner adversely affects your tenancy. If you wish to lodge a complaint regarding your tenancy to Management, please submit your complaint in writing to the rental office or to the Agent’s headquarters at the following address:
______________________________________________________________________________
Management will investigate all Tenant complaints in a fair and impartial manner and take the appropriate action within a reasonable time frame.
Tenants also have the right to utilize the Grievance and Appeal procedures set forth in 7CFR 1350.160. A copy of the Grievance and Appeal procedure is posted in the leasing office.
40. Tenants’ Rights to Organize:
Owner agrees to allow Tenant to conduct on the property the activities related to the establishment or operation of a tenant organization in accordance with USDA-RD or HUD regulations concerning tenants’ rights to organize.
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41. Waiver
Failure of the management or owner to insist on the strict performance of the requirements in the rental agreement or the rules and regulations or any of them will not constitute a waiver or relinquishment of the mangers or owners’ rights thereafter to enforce any such agreement or rule, but the same shall continue in full force and effect.
42. Modification of rules and regulations
The Agency must concur with any modification to the occupancy rules prior to implementation.
Proper notice will be given to each tenant as least 30 days in advance of implementation of such rules in accordance with Section 3560.160.
Compliance with Requirements Outlined in the Violence Against Women Act 12/15/2013 The Violence Against Women Act was promoted for a noble cause to make the lives of victims of abuse easier and to prevent homelessness. In accordance with the Violence Against Women Act (V AWA), the owner/agent will not penalize victims of domestic violence, stalking, dating violence and sexual assault or rape if the incident under review is a direct result of such abuse.
Criminal activity directly related to domestic violence, dating violence, or stalking, engaged in by a member of a resident's household or any guest or other person under the resident's control, shall not be cause for termination of assistance, or occupancy rights if the resident or an immediate member of the resident's household is the victim or the threatened victim of that abuse.
An incident(s) of actual or threatened domestic violence, dating violence, stalking and sexual assault will not be construed as serious or repeated violations of the lease by the victim (or threatened victim ), and will not be "good cause" for the termination of the assistance, tenan cy, or occupancy rights of a victim of such violence.
All Adult Household member over 18 must sign the V AWA Lease Addendum, Form HUD-5380.
Confidentiality of Information
The identity of the victim and all information provided to owners relating to the incident(s) of domestic violence, dating violence or stalking must be retained in confidence by the owner and must not be entered into any shared database or provided to a related entity, except to the extent that the disclosure is:
Retention of information.
The owner/agent will retain all documentation relating to an individual’s domestic violence, dating violence, sexual assault and/or stalking in a separate file that is kept in a separate secure location from other applicant or resident files.
Form HUD-5380 Notice of Occupancy Rights under the Violence Against Women Act (VAWA) The Notice of Occupancy Rights under the Violence Against Women Act (HUD Form 5380) provides notice to the resident/applicant of the confidentiality of information about a person seeking to exercise V AWA protections and the limits thereof. The identity of the victim and all information provided to the owner/agent relating to the incident(s) of abuse covered under the V AWA will be retained in confidence.
Information will not be entered into any shared database nor provided to a related entity, except to the extent that the disclosure is
1. Requested or consented to by the victim (written permission to release the information on a time limited basis); or
2. Required for use in an eviction proceeding or termination of assistance; or
3. Otherwise required by applicable law.
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REQUESTS FOR A VAWA ACCOMMODATION & “CERTIFICATION OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING, AND ALTERNATIVE DOCUMENTATION” FORM HUD- 5382.
• Complete a V AWA Request “Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternative Documentation” form hud-5382 provided by the owner/agent and sign and return the form within fourteen (14) business days. The owner/agent may extend this time period at his/her discretion.
In accordance with the Rental Agreement, these House Rules now become a part of that Rental Agreement.
IN WITNESS WHEREOF, the parties have executed this agreement in duplicate on the date set forth below at__________________________, California.
____________________________________ ________________________ Tenant Date
____________________________________ ________________________ Tenant Date
____________________________________ ________________________ Authorized Representative Date
RulesandRegsKTSApprovalAllProp2020
Milpitas
317
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LEASE ADDENDUM OF DRUG AND CRIME-FREE HOUSING
In consideration of the execution of renewal of a lease of the dwelling unit identified in the lease, Owner and Tenant agree as follows:
1. Tenant, any members of the tenant's household, or a guest or other person under the tenant's control shall not engage in criminal activity, including drug-related criminal activity, on or near the property's premises. "Drug-related criminal activity" means the illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute, or use of a controlled substance (as defined in Section 102 of the Controlled Substance Act (21 U.S.C. 802).
2. Tenant, any member of the tenant's household, or a guest or other person under tenant's control shall not engage in any act intended to facilitate criminal activity, including drug-related criminal activity, gang activity, or illegal defacement of property with graffiti, on or near public property and premises.
3. Tenant or members of the household will not permit the dwelling unit to be used for, or to facilitate criminal activity, including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household or a guest.
4. Tenant or members of the household will not engage in the manufacture, sale, or distribution of illegal drugs at any location, whether on or near project premises or otherwise.
5. Tenant or members of the household, or a guest or other person under tenant's control shall not engage in acts of violence, including but not limited to, the unlawful discharge of firearms, threatening and/or brandishing of weapons likely to cause serious bodily injury, or acts likely to provoke an act of violence on or near property premises.
6. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF TENANCY. A single violation of any of the provisions of this added addendum shall be deemed a serious violation and a material noncompliance with the lease. It is understood and agreed that a single violation shall be good cause for termination of the lease. Unless otherwise provided by law, proof of violation under this Addendum shall not require criminal conviction, but may exist by a preponderance of the evidence.
7. In case of conflict between the provisions of this Addendum and any other provisions of the lease, the provisions of the Addendum shall prevail.
8. This Lease Addendum is incorporated into and shall become a part of the original lease or any renewal of said Lease between Owner and Tenant.
Date: ____________________________ Date: ____________________________
_________________________________ _________________________________
OWNER TENANT
__________________________________
CO-TENANT
WORD\Drug-CrimeFreeLeaseAddendum
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HILLVIEW COURT APARTMENTS
1000 Hillview Court
Milpitas CA 95035
Guest/Visitor Policy 7-20-2021
Hillview Court Guest/Visitor Policy
The Guest/Visitor Policy (“Addendum”) is made part of the Lease Contract (“Agreement”) dated _____________ between __________________________________________(“Resident”) and _________________________________(“Owner”) for the premises located at ________________________________(“Leased Premises”) in the Hillview Court Apartments (“Residential Community”).
This Addendum was created to provide a safe and pleasant environment for all residents to live in and to ensure that your rights are respected and maintained. Resident must comply with the House Rules and with any changes adopted in the future as a condition of the Agreement. Violations will b e considered a breach of the Agreement. Hillview Court will give Residents notice in writing of any changes adopted.
GUEST/VISITOR POLICY: Resident is responsible for notifying any guest of the Hillview Court visitor policy.
All guests must register at the front desk. Resident will need to escort their gues t to and from the front desk. No guest will be permitted to stay in the Residential Community, incl uding within the Leased Premises, unless accompanied by Resident. Resident is fully responsible for the actions and behavior of their guests while the guests are anywhere in the Residential Community, the Leased Premise s, or grounds. Resident's guests are required to observe the House Rules. Owner reserves the right to ban non- compliant guests and visitors who present a risk to the safety and well-being of others residing in the Residential Community. During normal operating hours resident can sign in two (2) guests, residents may submit a written request of special consideration for additional guests.
All guests must show identification.
GUEST/VISITOR CONDUCT: Resident is responsible for ensuring any guest/visitor does not engage in conduct that interferes with the rights of other residents to enjoy their apartments properly and peacefully or cause conditions that are dangerous, hazardous, threatening, unsanitary or otherwise harmful to others in the Residential Community. Verbal threats or abusive behavior are not allowed. No weapons, fights or violence are allowed. In consideration of other residents, loud or disturbing noises (e.g., loud radio, TV) are not allowed. Guest/Visitor should be especially mindful of excessive noise before 8:00 a.m. or after 10:00 p.m.
KEYS AND ACCESS TO APARTMENT: Resident is prohibited from providing guests/v isitors with keys for access to the Residential Community.
OVERNIGHT GUESTS: A guest is considered an "overnight" guest if they remain in the Residential Community beyond 2:00 a.m. Overnight guests are limited to twenty-one (2 1) days in a calendar year and seven (7) consecutive nights. Resident is limited to one (1) guest at any given time. Front desk logs are reviewed by Owner regularly. Residents may submit a written request of special consi deration for more than one (1) guest, not to exceed three (3) and for extended overnight guests to Owner.
Hillview Court Apts
1000 Hillview Ct
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Item # 15.
HILLVIEW COURT APARTMENTS
1000 Hillview Court
Milpitas CA 95035
Guest/Visitor Policy 7-20-2021
I have read the above Addendum to my Agreement and I am in agreement with the Ho use Rules of the Residential Community.
Resident Name (print):
Resident Signature:
Date:
Owner Signature:
By (print name):
Date:
Kay Harris
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LOW-INCOME LEASE RIDER
THIS RIDER, AN INCOME CERTIFICATION, AND AN
EMPLOYER VERIFICATION MUST BE OBTAINED FROM
ALL TENANTS OF APARTMENTS FOR WHICH LOW-INCOME
HOUSING TAX CREDITS ARE REQUIRED.
=====================================================================
Tenant:
(If there is more than one adult occupant, each one must complete and sign a rider.)
Lease Date:
Apartment:
Building Address:
The undersigned tenant hereby certifies and agrees as follows:
1. Income Certification. My attached income certification is true, correct, and complete. I agree to provide a similar certification annually upon request during the term of my occupancy.
2. Employer Verification. The landlord or property manager has my permission to verify my income from my employer, using the attached form now and on an annual basis.
3. False Statements. If my income certification and/or any lease application submitted by me is false, or if I fail to provide annual certifications, the landlord or property manager will have the right to terminate my lease and recover possession of my apart ment.
I understand that the landlord and property manager are relying on my income certification in accepting me as a tenant, and that the landlord will be seriously harmed if my income does not qualify the apartment for low-income housing tax credits. This rider shall be considered part of my lease.
Date: , 20_______ Tenant:
(Signature)
\WORD\LOW-INC.RID.Tax Credit 3/04 6-39
Hillview Ct Apts
1000 Hillview Ct, Milpitas, CA 95035
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Item # 15.
Apartments
Mold & Mildew Addendum
Apartment #
This mold and mildew addendum dated , is attached to and made part of the lease dated (the "Lease") by and between
and Apartments.
As a part of the on-going maintenance control at Apartments, please understand that the above-stated apartment was inspected, cleaned and painted prior to your move-in.
Resident(s) acknowledge that is necessary for resident(s) to provide appropriate climate control, keep the unit clean, and take other measures to retard and prevent mold and mildew from accumulating in the unit. Resident(s) agrees to clean unit on a regular basis to remove visible moisture accumulation on windows, walls and other surfaces as soon as reasonably possible. Resident(s) agrees not to block heating, ventilation or air-condition ducts in the unit. Resident also agrees to immediately report to the management office:
1. Any evidence of water leak or excessive moisture in the unit as well as in any storage room, ga rage or common area.
2. Any evidence of mold or mildew-like growth that cannot be removed by simply applying a common household cleaner and wiping the area.
3. Any failure or malfunction of the heating, ventilation or air conditioning system in the unit.
4. Any inoperable windows and doors.
Resident further agrees that resident shall be responsible for damage to the unit and Resident's property as we ll as injury to Resident and Occupants resulting from Resident's failure to comply with terms of this Addendum.
A default under the terms of this Addendum shall be deemed material default under the terms of the Lease, and the Lessor shall be entitled to exercise all the rights and remedies by law or in equity. Except as specifically stated here, all other terms and conditions of the Lease shall remain unchanged. In the event of any conflict between the terms of this agreement and the terms of the Lease, the terms of this Addendum shall control. Any term that is capitalized but not defined in this Addendum that is capitalized and defined in the Lease shall have the sa me meaning for purposes of this Addendum as it has for the purposes of the Lease.
Resident Date Owner/Agent Date
Resident Date
Resident Date
\WORD\mold&mildew.addendum 1/28/03
Hillview Court Apartments
Hillview Ct Apts
Hillview Court
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Item # 15.
LEASE ADDENDUM
PUBLIC ACCESS DISCLOSURE
The following additional provisions are incorporated in full in the lease between ________________________________________________, hereinafter called "Owner/Agent" and , hereinafter calle d "Tenant", for the premises known as Apartment # , at , California. In case of any conflict between these and any other provisions of the lease, these provisions shall prevail. The tenant agrees to the following:
Megan's Law Notice: Assembly Bill 488 and the California Department of Justice, sheriff's departments, police departments servicing jurisdictions of 200,000 or more provides the public with Internet access to detailed information on registered sex offenders pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The database is updated on a quarterly basis and is a source of information about the presence of these individuals in any neighborhood. The law is not intended to punish the offender and specifically prohibits using the information to harass or commit any crime against an offender. http://www.meganslaw.ca.gov.
_____
Owner/Agent Tenant Date
Authorized Representative Tenant Date
Date Tenant Date
Megan’sLawLeaseAddendum-All-3/14/06
( Use Only If Not Already In Lease)
Hillview Court Apartments
1000 Hillview Ct, Milpitas CA 95035
Kay Harris
323
Item # 15.
Bedbug Addendum
This community has a comprehensive plan of action to follow when we encounter bedbugs in our community. Bedbugs are now a pandemic, not just here in the United States, but around the world. Following a systematic plan will ensure that issue is mitigated quickly and will protect other residents, family members, and guests in the community. Every effort is made to protect residents from the social embarrassment associated with having a bedbug infestation. Because self-treatment poses extreme dangers to residents and family, we require that a licensed pest management professional be engaged to help respond and treat infested apartments. Without full cooperation of the resident, this treatment program will not be successful. Because involving a pest management professional in the eradication plan is very difficult and costly, we require residents to cooperate fully in the treatment solution and policies relating to controlling bedbug infestations.
Integrated pest management requires that the resident, landlord and pest management professional work together. Lack of cooperation will result in termination of tenancy.
This Bedbug Addendum (this “Addendum”) is made and entered into as of this ____day of ______, 20___ by and between_______________ (the “Landlord”) and_____________ (the “Resident”). This Addendum will acknowledge that all parties are aware of bedbug issues and will cooperate throughout the tenancy to deal with potential issues.
Landlord has inspected the unit and is aware of no bedbug infestation upon move-in on_____.
Resident(s) claim that all furnishings and personal properties to be moved into the premises are free of bedbugs__________(Resident Initials) __________(Resident Initials) __________(Resident Initials) Resident(s) hereby agree to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:
1. Inspection. Check for hitch-hiking bedbugs. If you stay in a hotel or another home, inspect your clothing, luggage, shoes and personal belongings for signs of bedbugs before re-entering your apartment.
Check backpacks, shoes and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.
2. Duty to Report. Resident shall report any problems immediately to Owner/Agent. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other units. Manager will then be given access to rental unit for inspection within 24 hours of Resident being given written notice.
3. Mandatory Cooperation. Resident shall cooperate with pest control efforts. If your unit or a neighbor’s unit is infested, a pest management professional will be called in to inspect and eradicate the problem.
4. Bed Bug Treatment. In the event of a bedbug issue, Resident agrees to execute the “Bed Bug Treatment Agreement” attached as Exhibit A. In addition, Resident must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:
a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.
b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Call Management for removal and disposal. Empty dressers, night stands and closets. Remove all items from floors and bag all clothing, shoes, boxes, toys, etc.
Bag and tightly seal washable separately from non-washable items. Used plastic bags must be disposed of properly.
Bedbug Addendum - 1
Hillview Ct Apts
The HUD Tenancy Lease/Addendum is incorporated by reference into the Lease 324
Item # 15.
c. Wash all machine-washable bedding, drapes, and clothing, etc. on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.
d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.
e. Move furniture toward the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.
5. Indemnification. Resident agrees to indemnify and hold the Landlord harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of the Resident(s) or any guest occupying or using the premises.
6. Property Insurance. It is acknowledged that the Landlord shall not be liable for any loss of personal property to the Resident, as a result of an infestation of bedbugs. Resident agrees to obtain personal property insurance to cover such losses.
7. Default. Any Default of this Addendum or of the Lease by Resident shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Resident’s right to possession of the premises for material non-compliance.
The following will be considered material non-compliance of the Lease and Addendum:
a. Any misrepresentation by the Resident in this Addendum. b. Refusal to execute the Bed Bug Treatment Agreement.
c. Failure to promptly notify the Landlord of the presence of bedbugs. d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.
e. Refusal to allow the Landlord to inspect the premises. f. Failure of the Resident to have personal property insurance to cover damage or losses to furniture.
g. Any action that prevents treatment of the Unit or potentially exasperates or increases the bedbug issue.
8. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control.
By signing below, the undersigned Resident(s) agree and acknowledge having read and understood this addendum.
Dated: ___/___/_____
________________________________________
Resident
________________________________________
Resident Date
________________________________________
Community Manager
Bedbug Addendum
Hyder Property Mgmt
10/30/2013
325
Item # 15.
VIOLENCE, DATING VIOLENCE U.S. Department of Housing OMB Approval No. 2502-0204 OR STALKING and Urban Development Exp. 6/30/2017 Office of Housing
Form HUD-91067
(9/2008)
LEASE ADDENDUM
VIOLENCE AGAINST WOMEN AND JUSTICE DEPARTMENT REAUTHORIZATION ACT OF 2005
TENANT
LANDLORD UNIT NO. & ADDRESS
This lease addendum adds the following paragraphs to the Lease between the above referenced Tenant and Landlord.
Purpose of the Addendum
The lease for the above referenced unit is being amended to include the provisions of the Violence Against Women and Justice Department Reauthorization Act of 2005 (VAWA).
Conflicts with Other Provisions of the Lease
In case of any conflict between the provisions of this Addendum and other sections of the Lease, the provisions of this Addendum shall prevail.
Term of the Lease Addendum
The effective date of this Lease Addendum is ______________. This Lease Addendum shall continue to be in effect until the Lease is terminated.
VAWA Protections
1. The Landlord may not consider incidents of domestic violence, dating violence or stalking as serious or repeated violations of the lease or other “good cause” for termination of assistance, tenancy or occupancy rights of the victim of abuse.
2. The Landlord may not consider criminal activity directly relating to abuse, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s family is the victim or threatened victim of that abuse.
3. The Landlord may request in writing that the victim, or a family member on the victim’s behalf, certify that the individual is a victim of abuse and that the Certification of Domestic Violence, Dating Violence or Stalking, Form HUD-91066, or other documentation as noted on the certification form, be completed and submitted within 14 business days, or an agreed upon extension date, to receive protection under the VAWA. Failure to provide the certification or other supporting documentation within the specified timeframe may result in eviction.
_________________________________________ __________________ Tenant Date
_________________________________________ __________________ Landlord Date
326
Item # 15.
Form HUD-5382
(12/2016)
CERTIFICATION OF U.S. Department of Housing OMB Approval No. 2577-0286 DOMESTIC VIOLENCE, and Urban Development Exp. 06/30/2017
DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING,
AND ALTERNATE DOCUMENTATION
Purpose of Form: The Violence Against Women Act (“VAWA”) protects applicants, tenants, and program participants in certain HUD programs from being evicted, denied housing assistance, or terminated from housing assistance based on acts of domestic violence, dating violence, sexual assault, or stalking against them. Despite the name of this law, VAWA protection is available to victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation.
Use of This Optional Form: If you are seeking VAWA protections from your housing provider, your housing provider may give you a written request that asks you to submit documentation about the incident or incidents of domestic violence, dating violence, sexual assault, or stalking.
In response to this request, you or someone on your behalf may complete this optional form and submit it to your housing provider, or you may submit one of the following types of third-party documentation:
(1) A document signed by you and an employee, agent, or volunteer of a victim service provider, an attorney, or medical professional, or a mental health professional (collectively, “professional”) from whom you have sought assistance relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse. The document must specify, under penalty of perjury, that the professional believes the incident or incidents of domestic violence, dating violence, sexual assault, or stalking occurred and meet the definition of “domestic violence,” “dating violence,” “sexual assault,” or “stalking” in HUD’s regulations at 24 CFR 5.2003.
(2) A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or administrative agency; or
(3) At the discretion of the housing provider, a statement or other evidence provided by the applicant or tenant.
Submission of Documentation: The time period to submit documentation is 14 business days from the date that you receive a written request from your housing provider asking that you provide documentation of the occurrence of domestic violence, dating violence, sexual assault, or stalking. Your housing provider may, but is not required to, extend the time period to submit the documentation, if you request an extension of the time period. If the requested information is not received within 14 business days of when you received the request for the documentation, or any extension of the date provided by your housing provider, your housing provider does not need to grant you any of the VAWA protections. Distribution or issuance of this form does not serve as a written request for certification.
Confidentiality: All information provided to your housing provider concerning the incident(s) of domestic violence, dating violence, sexual assault, or stalking shall be kept confidential and such details shall not be entered into any shared database. Employees of your housing provider are not to have access to these details unless to grant or deny VAWA protections to you, and such employees may not disclose this information to any other entity or individual, except to the extent that disclosure is: (i) consented to by you in writing in a time-limited release; (ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law. 327
Item # 15.
2 Form HUD-5382
(12/2016)
TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING
1. Date the written request is received by victim: _________________________________________
2. Name of victim: ___________________________________________________________________
3. Your name (if different from victim’s):________________________________________________
4. Name(s) of other family member(s) listed on the lease:___________________________________
___________________________________________________________________________________
5. Residence of victim: ________________________________________________________________
6. Name of the accused perpetrator (if known and can be safely disclosed):____________________
__________________________________________________________________________________
7. Relationship of the accused perpetrator to the victim:___________________________________
8. Date(s) and times(s) of incident(s) (if known):___________________________________________ _________________________________________________________________
10. Location of incident(s):_____________________________________________________________
This is to certify that the information provided on this form is true and correct to the best of my knowledge and recollection, and that the individual named above in Item 2 is or has been a victim of domestic violence, dating violence, sexual assault, or stalking. I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission, termination of assistance, or eviction.
Signature __________________________________Signed on (Date) ___________________________
Public Reporting Burden: The public reporting burden for this collection of information is estimated to average 1 hour per response. This includes the time for collecting, reviewing, and reporting the data. The information provided is to be used by the housing provider to request certification that the applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking. The information is subject to the confidentiality requirements of VAWA. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid Office of Management and Budget control number.
In your own words, briefly describe the incident(s):
______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ 328
Item # 15.
MOVE –IN/MOVE OUT INSPECTION REPORT
Project Name: Date of Inspection: In ________Out _________ Tenant Name: ______________________________________Unit #__________Number of Bedrooms__ __ Number of Baths__ __ Move-In Date: ____________________. Move-Out Date: _______________________ Acceptable? Acceptable? Acceptable?
Kitchen
Yes
In/Out
No
In/Out
Bedroom # 2
Yes
In/Out
No
In/Out
Bathroom #1
Yes
In/Out
No
In/Out
Ceiling | | Doors | | Doors | | Doors | | Walls | | Walls & Towel Bar | | Walls | | Ceiling | | Ceiling | | Floor | | Floor | | Floor | | Stove/Oven | | Light Fixtures | | Toilet & Paper Reel | | Range/Hood | | Window & Screen | | Basin & Stopper | | Refrigerator | | Window Covers | | Tub or Shower | | Counter Tops | | Bedroom #3 Light Fixtures/ GFI | | Sink/Disposer | | Doors | | Window/Vent Fan | | Light Fixtures/ GFI | | Walls | | Bathroom #2 Cabinets & Under | | Ceiling | | Doors | | Refrigerator Pan | | Floor | | Walls & Towel Bar | | | | Light Fixtures | | Ceiling | | Lv Rm/Dining Window & Screen | | Floor | | Ceiling Fan | | Window Covers | | Toilet & Paper Reel | | Doors Incl. Screen | | Bedroom #4 Basin & Stopper | | Walls | | Doors | | Tub or Shower | | Ceiling | | Walls | | Light Fixtures/GFI | | Floor | | Ceiling | | Window/Vent Fan | | Electric Fixtures | | Floor | | Miscellaneous Window/Screen | | Light Fixtures | | Smoke Alarm (s) | | Window Cover | | Window & Screen | | Electrical Panel | | Bedroom #1 Window Covers | | Porch/Patio | | Doors | | Heating Equip Stairs | | Walls | | Furnace & A/C | | Storage Area | | Ceiling | | Filter | | Doorbell | | Floor | | Thermostat | | Yards
Light Fixtures | | Hot Water Tank | | Front | | Window & Screen | | Water Heat @120F | | Back | | Window Covers | | Water Heater Vent | | Side | | Was the required Moisture Inspection conducted at Move In? __ ____ Move Out? __________.
Is the Moisture Inspection attached for Move In? __ ____ Move Out? __________.
Was any Mold detected at Move-In? _ _ Move Out? _____ Was the required Smoke Detector(s) Inspection Conducted at Move In? __ __ Move Out? ________
The unit upon move-in is in decent, safe and sanitary condition, any deficiencies are noted above.
Explanation of items that are NOT ACCEPTABLE (all items listed as not acceptable must be explained below):
____________________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ I certify that the unit contains __ __working smoke detectors. I agree to replace batteries as needed and notify Managem ent of any failures. I further certify that the foregoing report correctly represents the condit ion of the above-identified unit. Any deficiencies identified in this report will be remedied within 30 days of the date the tenant moves into the un it.
______________________________ ___________ ____ ________________________________ ___________ Tenant Signature at Move-In Date Tenant Signature at Move-Out Date
______________________________ ___________ ____________________________________ ___________ Manager Signature at Move-In Date Manager Signature at Move-Out Date
WORD\UnitInspection./HUD 5/2011
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Item # 15.
Property Name:
UNIT# DATE INSPECTED:
STOVE REFRIGERATOR
Serial # Serial #
Make: Make:
Model: Model:
L B Burner R B Burner Gaskets
L F Burner R F Burner Bins
OVEN
Needs Replaced Needs Replaced
MISSING OR DAMAGED: ( ) Drip pans ( ) Oven Racks ( ) Handles MISSING OR ( )Bins ( ) Handles ( ) Door Racks ( ) Knobs ( ) Light ( ) Broiler Pan DAMAGED: ( )Light ( ) Shelve s ( ) Other
WATER HEATER N/A DISH WASHER N/A
Serial # Serial #
Make: Make:
Model: Model:
Pipes
Relief Valve Door Latch
Igniter Gasket
Earthquake Strap
Needs Replaced Needs Replaced
Note Damage or Missing Straps or pipes, Dishwasher Damage or missing Latch and Gasket:
OTHER APPLIANCES: Microwave Light,Range Hood Light and Filters , Garbage Disposal unit, etc) Microwave Light
Range Hood Light Filter Fan Fire Suppression X2
Garbage Disposal
Furnace Comments:
A/C Unit
HVAC
Inspectors Signature: Date:
6/20/2013
and note any Damage for each Burner, Oven Gaskets and MISSING Racks below:
INSPECTION OF APPLIANCES
MOVE IN MOVE OUT SEMI ANNUAL Inspector: Please check the box if the items is OK. If it is not OK circle the item 330
Item # 15.
MOISTURE INSPECTION
The purpose of this inspection is to determine of any units have Mold or any condition t hat is conducive to the growth of Mold. Mold will be treated as a SERIOUS INCIDENT!
All apartments must be inspected for Mold or conditions that could lead to Mold at all Semi-Annual Inspections, Move-In and Move-Out Inspections. Work Orders and all other occasions when we are in a unit. By inspecting the units as frequently as possible, we have the best chance to detect Mold conditions before any Mold has actually formed. Once Mold has formed, the problem becomes more complex.
This Moisture Inspection Report is to be attached to all Semi-Annual Inspections, Move-In and Move-Out Inspections, and Vacant Unit Inspections. You must additionally fill out the Moisture Inspection Repor t each time a Maintenance Work Order is completed in any unit. This means that all work orders completed inside a unit will have a Moisture Inspection attached. Each Moisture Inspection Report will be put in the permanent tenant file and in cases where Mold is detected, you must immediately file a Serious Incident Report, which must include a copy of the Moisture Inspection Report and call your Regional Manager.
When the report indicates that no Mold exists, but does indicate that there is a condition that could lead to Mold, you must remedy that condition immediately and report the action to your Regional Manager.
Use the following responses when filling out the form: (List specifics in the Comments)
Dry and no sign of mold = NO Signs of mold = YES Damp but no mold = DAMP
Odor = NONE, SOME OR STRONG [Indicate the odor by placing the N, S, or ST in the box]
Fold Line
MOISTURE INSPECTION
PROJECT
Unit Number Date of Inspection Inspector
Reason for Inspection: (CHECK)
Tenant Call, Semi-Annual, Move-In, Move-Out, Work Order, Other
KITCHEN BATHROOM CONTINUED
NO YES DAMP ODOR NO YES DAMP ODOR
Walls & Ceiling Tub
Floor Grouting Vent
Under Sink ALL ROOMS
Cabinets Standing Water
Floor Moisture Signs (condensation)
Under Refrigerator (tray) Discoloration
Refrigerator Seal Carpet Stains
Pantry Walls Carpet Moisture
Open Food Ceilings
BATHROOM Walls
Walls & Ceiling Sills
Floors Base
Grout Vents
Shower Curtain Filter(s)
Stall A/C Drain
Fan Odor
Under Sink Light Fixtures
Base of Toilet Hot Water Area Floor
Behind Toilet Hot Water Area Walls
Comments (List locations and specifics):__________________________________________________________________________ _
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
6/20/13
331
Item # 15.
No Cost Memorandum of Understanding between the County of Santa Clara and JHC-Hillview LLC Memorandum of Understanding
Between the County of Santa Clara and JHC-Hillview LLC
This No Cost Memorandum of Understanding (MOU) is between the following “Project Partners”: the County of Santa Clara (“County”), by and through the Santa Clara County Department of Behavioral Health Services (DBHS) and the Office of Supportive Housing (OSH); JHC-Hillview LLC, (“Owner”), a California limited liability company, of which Jamboree Housing Corporation, a California non-profit benefit corporation, is the Manager. The MOU is being entered into in order to establish roles and responsibilities related to the development and operations of Hillview Court, located at 1000 Hillview Court, Milpitas (“Project”).
RECITALS
I. The Project is a 134-unit residential complex including a community room with kitchen, laundry, property management and service delivery offices, and common open space . Of the 134 units, 132 will have Section 8 Project Based Vouchers (PBV’s) and 2 are designated as manager’s units. The Project will offer studios for extremely low -income households-whose income is at 15-30% of Area Median Income. To establish the PBV’s at the Project, on May 12, 2021, the Owner entered into a Housing Assistance Payment Contract with the Santa Clara County Housing Authority (“Housing Authority").
II. Of the 132 PBV’s, 100 of the Project units will be designated to be occupied by non-elderly persons (18- 61 years of age with disabilities, referred through the Santa Clara County of Office of Supportive Housing who are eligible for the Section 811 Mainstream Vouchers (“Supportive Services Units”), and 32 of the Project Units will be designated to be occupied by individuals or families who are in need of permanent supportive housing , and who are eligible for the Mainstream County’s Chronically Homeless Direct Referral Program (“Supportive Housing Residents”) as set forth in the Second Amended and Restated Memorandum of Understanding between the County of Santa Clara and the Housing Authority, which is attached as Attachment A to this MOU (“Housing Authority Agreement ”). Eligible individuals or families who have a qualifying special need, will be referred to fill the units in compliance with the Housing Authority Agreement. The Housing Authority Agreement also requires that members of these households be provided with the services specified in the Supportive Services Plan des cribed in Attachment E. Of the 132 Supportive Housing Units, 132 are studios. These units will be renovated housing units to meet current codes and Housing Quality Standards that will be set aside for individuals or families who have a qualifying special need, with incomes no greater than 30% Area Median Income (“PBV Eligible Resident”).
III. In an effort to achieve a healthy and integrated community, this MOU represents a collaboration among the Project Partners to produce , operate and maintain high quality supportive housing units that help stabilize and improve the health and well-being of persons who have experienced housing instability and are living with serious mental illness. Important outcomes in clude, but are not limited to, residential stability, improved health, reduced use of acute and emergency services, stabilized and/or increased tenant incomes, and tenant participation in vocational programs.
IV. This MOU also establishes the responsibilities of the Owner relating to property management and resident services; during or after full development of the Project, one or more of Owner’s obligations under this MOU may be carried out by an entity contracted by the Owner although the Owner will be solely responsible for ensuring compliance with all obligations set forth in this MOU.
ATTACHMENT 2
332
Item # 15.
No Cost Memorandum of Understanding between the County of Santa Clara and JHC-Hillview LLC
V. This MOU also establishes the County’s responsibilities relating to supportive services for the tenants of the 132 Supportive Housing Units (Supportive Housing Residents); one or more of the County’s obligations under this MOU may be carried out by an entity or entities contracted by the County although the County will be solely responsible for ensuring compliance with all obligations set forth in this MOU.
In consideration of the foregoing Recitals, which are incorporated herein by refere nce, the mutual promises and covenants contained herein and for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged and intending to be legally bound thereby, the parties hereto do agree as follows:
AGREEMENT
I. Term.
A. This MOU is effective as of August 31, 2021, and will continue thereafter for a term of 20 years or the occurrence of the earliest of the following events:
1. Either party terminates for convenience (without cause) or with cause by notifying the other party in writing six months prior to the effective date of termination. The written notice will provide the effective date and scope of the termination; or,
2. Failure to secure ongoing necessary funding for this project and either party terminates by providing a minimum of six months’ notice in writing; or,
3. The sale of the Project. For the purposes of this agreement, a sale of the project shall refer to transfer of the Project such that neither the Owner nor any Owner-affiliated entities have any ownership interest in the Project.
4. The Housing Authority Agreement is terminated before the term of this MOU.
B. The parties may extend the term of this MOU by mutual agreement.
C. If the Housing Authority Agreement is terminated before the term of this MOU, the responsibilities of the Project Partners pertaining to PBV Eligible Residents shall also be terminated.
D. If this MOU is terminated, the tenancy of any and all tenants in the PBV units shall be governed by the fully executed lease and the Housing Authority Agreement.
II. Responsibilities of the Project Partners.
A. Participate in a collaborative planning process that develops and strengthens linkages among the Project Partners, which will finance and deliver housing and services to the Supportive Housing Residents.
B. Facilitate the development of inter-disciplinary and inter-agency strategies to more effectively meet Supportive Housing Residents ’ needs , including the provision of supportive services linked to permanent housing. Project Partners will coordinate staff and resources to reduce the fragmentation and barriers encountered by the Supportive Housing Residents and help them stabilize their health and maintain their housing.
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Item # 15.
No Cost Memorandum of Understanding between the County of Santa Clara and JHC-Hillview LLC
C. Work collaborative ly to appropriately share information and decision -making through case conferences and other strategies as needed; delive r services appropriate to Supportive Housing Residents; and, implement appropriate safeguards to protect confidentiality in accordance with all applicable ethical and legal requirements.
D. Work in partnership to identify service needs, develop program strategies, and implement services in a manner that respects the dignity and diversity of Supportive Housing Residents.
E. Participate, as needed, in efforts to obtain and analyze data to document the cost -effectiveness of services linked to permanent mixed-supportive housing, while protecting and respecting individuals’ confidentiality and privacy rights.
F. Designate representative(s) to participate in the monthly (or as needed) operations meetings convened by the Property Management Agent , who will be responsible for operation and oversight of the Project. Meetings are to be attended by:
1. The Owner, as represented by the on-site property manager, and his/her supervisor;
2. Owner’s Resident Services Coordinator and/or his/her supervisor who will be responsible for coordinating services for residents of the Supportive Housing units and/or Owner’s Representative from Owner’s Services Department;
3. A representative from the County’s Office of Supportive Housing; and,
4. A representative from the County’s Service Provider(s).
G. While Operations Meetings will occur on a monthly basis, Project Partners may be required to attend additional meetings more frequently as necessary, for example during the rent-up period, or as agreed upon by the Project Partners.
H. Designate representative(s) to participate in the weekly (or as needed) staff meetings convened by the Property Management Agent . Weekly s taff meeting will discuss issues such as Supportive Housing Resident needs and how those needs are being met by the County and their Service Provider, policy issues, property management policies, maintenance and security problems, tenant crises, program policies, and how to effectively address such issues. Meetings are to be attended by:
1. The On-site Property Manager;
2. Owner’s Resident Services Coordinator and/or Owner’s Representative from Owner’s Services Department; and,
3. A representative from the County’s Service Provider(s).
I. Complete, in a timely manner, all reasonable and/or required requests for data and information from the Federal Government, the State of California, the County and the Housing Authority.
III. Owner Responsibilities.
A. Owner shall secure all other predevelopment, construction, and permanent funding required for development and operation of the Project.
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Item # 15.
No Cost Memorandum of Understanding between the County of Santa Clara and JHC-Hillview LLC
B. Develop and implement supportive services policies, in consultation with the Property Management Agent and services partnerts, that govern the Project and publicly represents and gives overall direction to the activities that take place at the housing site. The Project is to be managed in compliance with all regulatory agreements for the Property and regulations pertaining to applicable subsidy programs.
C. Ensure that all duties listed in Sections IV and V are carried out.
D. Establish property management policies and procedures pertaining to the Project, including the establishment of the lease and house rules, and work to keep the operation of the Project responsive to legal issues.
E. Provide a representative who will perform the following functions in matters pertaining to the Project.
The Property Management Agent may serve in this role on Owner’s behalf:
1. Respond to complaints and concerns from all parties as well as Supportive Housing Residents.
2. Oversee Management practice and strategy for effective communication and responsiveness to tenants including reasonable accommodation requests.
3. Facilitate and attend meetings as needed.
4. Represent the Project publicly to community members and to local gover nment agencies, as appropriate.
5. Collaboratively advocate for continued funding and services for the Project.
6. Notify Project Partners of any potential changes to the regular operations of the Project, or any potential changes or losses of funding that could impact the operations of the Project.
7. Provide all parties at least 90 days notice of a change in Owner’s Property Management Agent and/or Services Coordinator.
8. Establish a reasonable policy of “screening-in” potential Supportive Housing Residents . See Attachment B (“Tenant Selection Criteria”) and Attachment C (“Screening-In Criteria”).
9. Establish and communicate clearly about policy and procedures related to the move-in process and ongoing tenancy issues, such as lease agreement, house rules and unit transfer process to Supportive Housing Residents , and work with Project Partners and Supportive Housing Residents to resolve questions and concerns about the move-in process.
10. Attend meetings as required by this MOU, and otherwise help to resolve differences between Project Partners.
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Item # 15.
No Cost Memorandum of Understanding between the County of Santa Clara and JHC-Hillview LLC
11. Communicate regularly with OSH regarding rent roll reviews and notices given to Supportive Housing Residents.
F. Promote collaboration and communication between the Property Management Agent, the Resident Services Coordinator, OSH, and Service Provider(s) throughout tenancy and especially in the eviction process by attending and facilitating meetings between the parties as necessary, investigating questions and complaints about the process, and communicating with relevant parties.
G. Owner or their agent will provide the necessary staffing to perform their obligations as set forth in this MOU.
H. Owner will comply with all conditions and terms of the Housing Authority Agreement.
I. Owner will c omply with applicable federal, state and local laws in administering th e Project, including but not limited to the extent applicable, fair housing laws, disability laws, prevailing wages, and laws regarding the confidentiality of protected health information.
IV. Responsibilities of Owner’s Property Management Agent. Owner shall use best efforts to cause the Property Management Agent to agree that it will:
A. Provide prospective Supportive Housing Residents with current written descriptions of the Property to include numbers and types of units, additional facilities, ten ant screening policy, tenant selection criteria, rental rates and subsidy programs.
B. Share with OSH and Service Provider copies of the application form and all other required documents, and the criteria used by Property Management Agent to “screen-in” and approve or deny applicants. Property Management Agent will notify OSH and Service Provider any time there is a change in these forms or policies.
C. Provide property management services for the entire Project by implementing and complying with the approved Tenant Selection Criteria, Screening -In Criteria and Property Management Plan (Attachment D),
1. Provide Supportive Housing Residents with current copies of the Lease Agreement and House Rules for the Project at move in. As part of the move -in process, communicate clearly with Supportive Housing Residents about policy and procedures related to the move-in process and ongoing tenancy issues, such as lease agreement, house rules, late fees and unit transfer process.
2. Provide Supportive Housing Residents with written policies and procedures for maintenance requests, including any forms that must be completed to request maintenance work.
3. Explain to new Supportive Housing Residents the roles and responsibilities of Property Management Agent, Resident Services Coordinator and Service Providers at the Project and remind Supportive Housing Residents of on -site Property Manager’s responsibility to ref er tenants to Service Provider whenever their housing is in jeopardy. 336
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4. Provide Supportive Housing Residents with a written policy/procedure outlining the process for tenants to request a reasonable accommodation, including forms or language that will assist the Owner and Property Management Agent in meeting Supportive Housing Residents’ needs.
Due to the sensitive nature and legal issues surrounding reasonable accommodation, Property Management Agent will consult with the Owner regarding the handling of re asonable accommodation requests. Provide Supportive Housing Residents written acknowledgement of receipt of reasonable accommodation requests within five (5) business days from the receipt of such request. Written response to requests will be provided in a timely manner.
D. Coordinate and work with OSH and County Service Provider(s) to address Supportive Housing Residents’ issues. By use of a required and fully executed consent form from the program participant(s):
1. Notify OSH and County Service Provider(s) of the status of an individual’s application for tenancy. OSH and County Service Provider(s) shall be kept reasonably informed of anticipated vacancies and move-ins through discussion of these topics at regular meetings, as well as email and phone commu nication regarding appointments with prospective Support Housing Residents for screening interviews and lease signing meetings.
2. Enforce leases and house rules consistently and inform appropriate County Service Provider on all warning letters and all notic es sent to Supportive Housing Resident when such Supportive Housing Resident has given permission for such sharing with a particular Service Provider.
3. Keep OSH and County Service Provider(s) informed of property management issues related to Supportive Housing Residents such as eviction noticing, vacancies and rent changes.
4. Ensure that staff members working at the Property are introduced to County Service Provider staff and are aware of the roles and responsibilities of the County Service Provider.
5. Notify County Service Provider(s) of unusual, erratic or disruptive behavior the Property Management Agent observes in tenants. It is understood that Property Management Agent is not a health care provider or health care professional and has no diagnostic or health related skill set and shall not be held responsible for failing to observe or recognize behavior that might be deemed to be unusual, erratic or disruptive.
6. If eviction is to occur, communicate with appropriate Service Provider(s) regarding the process of notices, responses and court dates, and if eviction is successful, regarding the lockout date.
7. Contact County Service Providers or OSH when Property Management Agent is aware that a Supportive Housing Resident’s health, safety, or housing are at risk or at time when the Program Tenant has authorized disclosure of information to the Service Provider. The intent of such communication will be to promote the health and well-being of individual Supportive Housing Residents and to reduce the potential for evictions.
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8. Keep OSH and County Service Providers informed of issues affecting the general health and safety of staff and residents at the Project about w hich the Property Management Agent is aware.
E. Integrate the Supportive Housing Residents into the entire Property/Project by inviting them to all events/activities on the Project site.
F. The Property Management Agent will work with Owner in the preparation and implementation of the site’s Emergency Preparedness Plan. This plan shall include evacuation information that the Property Management Agent will provide to Supportive Housing Residents upon move-in. It is acknowledged and understood by all Parties that Owner, Property Management Agent and County Service Provider cannot and are not guaran teeing or warranting the safety or security of the Supportive Housing Residents.
G. Ensure that Property Management Agent’s staff is trained on when to call the police, when to communicate with their supervisors and with OSH and the County Service Providers in the event of an emergency.
H. Attend meetings as required by this MOU.
V. Responsibilities of Owner’s Service Coordinat or. Owner is responsible for contracting 2 full -time Service Coordinator who will provide information, referral, service coordination and community building activities for all residents of the Project. Owner’s Service Coordinator’s role, as it pertains to the Supportive Housing Residents, is to ensure th at the County Service Provider(s) contracted by OSH and offered to the Supportive Housing Residents are informed of resident services provided to all resid ents within the entire Project. Owner’s Service Coordinator agrees to:
A. Assist the OSH and County Service Provider(s) in outreaching to Supportive Housing Residents to integrate them into the entire Project. This includes informing Service Provider of al l residents of resident services provided to a ll residents a t the property so Service Proivder can encourage and support Supportive Housing Resident attendance at such events.
B. Attend meetings as required by this MOU.
C. Notify County Service Provider(s) of unusual, erratic or disruptive behavior it observes in tenants.
It is understood that Owner’s Service Coordinator is not a health care provider or health care professional and has no diagnostic or health related skill set and shall not be held responsible for failing to observe or recognize behavior that might be deemed to be unusual, erratic or disruptive to Supportive Housing Residents.
D. Keep County Service Provider(s) informed of issues affecting the general health and safe ty of staff and residents at the Project about which the Owner’s Service Coordinator is aware.
E. Notify appropriate County Service Provider(s) staff members of arrests, hospitalizations, an d other critical incidents that Owner’s Service Coordinator is aware of as soon as reasonably possible . A 338
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critical incident includes, but it is not limited to distruptive behavior in tenants that could lead to an arrest.
F. Meet with each new Supportive Housing Resident to introduce them to the property and the services provided within the community.
VI. County Responsibilities.
A. Ensure that Supportive Housing Residents are provided supportive services in accordance with the Supportive Services Plan , Attachment E of this Agreement and in accordance with the Housing Authority Agreement for the CHDR program. These services will be provided by County Service Provider(s) who may be County employees or be community-based organizations that are under contract with the County. The primary objective of the Service Provider(s) is to help Supportive Housing Residents obtain and maintain their housing.
B. When using contract provider s, ensure that the contractors are compliant with the insurance requirements set forth in their contracts with the County and that the contractors add the Owner and Property Management Agent as additional insureds for the insurance policies to which the County is also an additional insured.
C. Ensure that all duties listed in Sections VII are carried out.
D. If the Owner has concerns about the services provided by an existing service provider, the Owner will communicate these issues to the County. The County and Owner will work collaboratively to select a new service provider.
E. To the greatest extent possib le, the County shall minimize the number of different County Service Providers and staff in order to reduce obstacles to coordination with all Project Partners. A contact list w ill be provided to the Owner and Property Management Agent which will include updated contact information for the Service Provider(s) and which unit the Service Provider (s) is providing services for.
F. Interface with the Property Manager on tenant/landlord issues that may arise.
G. Refer individuals and families to the Project’s Supportive Housing units using the following general guidelines. Generally, households will be referred to Supportive Housing Units in the order in which they enrolled intensive case manangment services. However, the County may refer clients based on the needs of the households, requirements of the Project and the needs of the CCP:
1. Referred households will submit completed application packets within ten (10) days after receiving notice of availability from Property Management Agent. Property Management Agent will fill the vacancy and notify OSH via email if ther e is failure to provide complete applicant packets within 10 days.
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2. In the event a Supportive Housing Unit is vacant for more than 60 days, the Supportive Housing unit converts to a standard PBV unit for the duration of the Section 8 Housing Assistance Payment (HAP) contract.
H. Through its County Service Provider(s), provide Supportive Housing Residents with ongoing support and mainstream services throughout their tenancy , including participating and attending move in appointments to support Supportiv e Housing Resident understand ing of lease agreements and addenda, late fees, unit transfer process, and ongoing tenancy issues . The level of service may be reduced for Supportive Housing Residents who are able to live more independently and increased for those Supportive Housing Residents needing additional support.
I. As necessary, develop, implement and enforce supportive service agreements among service providers.
J. In the event that a Supportive Housing Resident has vacated his/her unit, the County will assist the Owner, by making reasonable attempts to assist other household members who are residing with the Supportive Housing Resident in finding alternative living accommodations, including, but not limited to, vacant units within the Project to the extent they qualify.
K. Ensure that County Service Provider(s) utilize and adhere to Help Management Information System (HMIS) standards.
L. Assist County Service Providers in conecting Supportive Housing Residents to appropriate services based on residents’ tenancy status and/or their health conditions.
M. Determine the methods, details and means of performing the services to be provided by the County, through its employees, designated community-based organizations or the CCP under this MOU.
N. Attend meetings as required by this project. E nsure that the Supportive Housing Residents ’ case managers participate in these meetings as appropriate.
O. Assist, as needed, in the coordination of the Operations Meeting to be attended by management representatives of Project Partners.
P. Inform Owner of changes to pertinent County policies and guidelines.
VII. County’s Service Provider Responsibilities. The County Service Provider provides or coordinates an array of supportive services to help the 132 Supportive Housing Residents obtain and maintain permanent housing and improve their health and well -being. These services are pr ovided in accordance with Attachment E. In addition, the County will put into place a service provider that will agree to the following:
A. Coordinate services with the Owner’s Service Coordinator and Property Management Agent and support community building activities that integrate Supportive Housing Residents into the entire Project.
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B. Participate in weekly and/or monthly operation meetings with Property Manager who agrees to bring to this meeting updated month ly rent rolls. notices served, behavioral issues and concerns with Supportive Housing Residents, housing quality standards issues with Supportive Housing Residents, and other service referrals.
C. Attend meetings with OSH when requested to discuss pertinent Property and/or Supportive Housing Resident issues.
D. When requested, pr ovide appropriate non -legal referrals to Supportive Housing Residents to assist them in meeting tenancy obligations when Property Manager serves warning letters or notices regarding non compliance with leases and house rules.
E. County Service Provider will provide the Owner’s Property Management Agent with their policy on how to handle emergencies during regular business hours, weekends, and after -hours, such as, but not limited to: unusual, erratic or disruptive behavior in tenants, or if a resident’s healt h, safety, or housing are at risk.
VIII. Confidentiality of Protected Health Information (PHI). Each party agrees to maintain confidentiality of medical and psychiatric records of Supportive Housing Residents as required by law, including, but not limited to, the extent applicable, California Welfare and Institutions Code section 5328 et seq., California Evidence Code section 1010 et seq. and Health Insurance Portability and Accountability Act (“HIPAA”), 45 C.F.R., Parts 160 & 164. Each party agree s that it will not disclose a Program Tenant’s PHI to third parties without the consent of the Program Tenant unless such disclosure is authorized or required by law.
Unlawful disclosure of a Program Tenant’s PHI shall be considered a material breach of this MOU.
IX. Maximum Financial Obligation of the County. The County’s obligations under this MOU are contingent upon the appropriation of sufficient funding by the Federal, State and County sources for the services covered by this MOU. If it becomes apparent to County at any time, in County’s sole discretion, that insufficient funding will exist, or that funding from any source will be discontinued, delayed, denied, reduced, or disallowed for any of the services covered under this MOU, County has the option to either terminate this MOU with no liability occurring to County or to offer an amendment to this MOU indicating the reduced amount. The County agrees to serve a minimum of a six (6) month written notice of program changes and/or termination of program funds.
X. Amendments. This MOU may be amended only by a written instrument signed by the parties to this MOU.
XI. Entire Agreement. This MOU, exhibits and attachments represent the entire agreement between the parties. This MOU supersedes any and all prior or contemporaneous agreements, representations, and understandings between Owner, Owner’s Management Agent, and the County with regard to this subject matter.
XII. Conflicts of Interest. Owner shall comply, and require its subcontractors to comply, with all applicable (i) requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code section 1090 et. seq., the California Political Reform Act (California Government Code section 87100 et. 341
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seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et. seq.). Failure to do s o constitutes a material breach of this MOU and is grounds for immediate termination of thisMOU by the County.
In accepting this MOU, the Parties covenant that they presently have no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this MOU. The Parties further covenant that, in the performance of this MOU, they will not employ any contractor or person having such an interest. The Parties, including but not limited to the Party’s employees and subcontractors, may be subject to the disclosure and disqualification provisions of the California Political Reform Act of 1974 (the “Act”), that (1) requires such persons to disclose economic interests that may foreseeably be materially affected by the work performed under this MOU, and (2) prohibits such persons from making or participating in making decisions that will foreseeably financially affect such interests.
If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this MOU, the Parties shall, upon execution of this MOU, provide the County with the names, description of individual duties to be performed, and email addresses of all individuals, including but not limited to the Party’s employees, agents and subcontractors, that could be substantively involved in “making a governmental decision” or “serving in a staff capacity and in tha t capacity participating in making governmental decisions or performing duties that would be performed by an individual in a designated position,” (2 CCR 18701(a)(2)), as part of the Party’s service to the County under this MOU.
The Parties shall immediately notify the County of the names and email addresses of any additional individuals later assigned to provide such service to the County under this MOU in such a capacity. The Parties shall immediately notify the County of the names of individuals working in such a capacity who, during the course of the MOU, end their service to the County.
If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this MOU, the Parties sha ll ensure that all such individuals identified pursuant to this section understand that they are subject to the Act and shall conform to all requirements of the Act and other laws and regulations listed in subsection (A) including, as required, filing of Statements of Economic Interests within 30 days of commencing service pursuant to this MOU, annually by April 1, and within 30 days of their termination of service pursuant to this MOU.
XIII. Assignment. Except as otherwise permitted by this MOU, no assignment of this MOU or of the rights and obligations hereunder shall be valid without the prior written consent of the other party.
XIV. Waiver. No delay or failure to require performance of any provision of this MOU shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a party must be in writing and shall apply to the specific instance expressly stated.
XV. Governing Law, Venue. This MOU has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this MOU shall be in the County of Santa Clara.
XVI. Counterparts. This MOU may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 342
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XVII. Severability. If any provision of this MOU is found by a court of competent jurisdiction to be void, invalid or unenforceable, the same will either be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this MOU.
XVIII. Non-discrimination. Owner shall comply with all applicable Federal, State, and local laws and regula - tions including Santa Clara County’s polici es concerning nondiscrimination and equal opportunity in contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of 1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code sections 12900 et seq.); and California Labor Code sections 1101 and 1102. Owner shall not discriminate against any subcontractor, employee, or applicant for employment becau se of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status in the recruitment, selection for trai ning including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Nor shall Owner discriminate in provision of services provided under this contract because of age, race, color, national origin , ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status.
XIX. Notices. All notices under this MOU will be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such other address as the party may designate in writing.
To the County
Director, Office of Supportive Housing
2310 N. 1st Street, Suite #201
San Jose, Ca 95131
To Owner
JHC-Hillview LLC
c/o Jamboree Housing Corporation
17701 Cowan Avenue, suite 200
Irvine, CA 92614
Attention:Asset Management
Email: [email protected]
To the Property Management Company
Hyder Property Management Professionals
1649 Capalina Road, Suite 500
San Marcos, CA 92069
Attention: Kyle Beach
Email: [email protected]
XX. Insurance and Indemnification. Without limiting the indemnification, each Party shall, at its expense, maintain policies of general and professional liability insurance, or self -insurance as authorized by California Government Code section 990.4, in an amo unt of at least one million ($1,000,000) per 343
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occurrence and two million ($2,000,000) dollars aggregate, against claims and liabilities arising out of or relating to this MOU. The commercial general liability coverage obtained by each Party through the required insurance shall be endorsed to provide coverage to the County as additional insured. Evidence of such coverage will be presented to the other Party. In the event that such coverage is written on a claims-made basis, each Party shall arrange for appropriate tail coverage consistent with the requirements of this section if / or when such claims -made policy is canceled or not renewed. The provisions of this section shall survive the termination of this MOU. The Parties understand that the foregoing i nsurance requirements apply only to activities performed pursuant to this MOU and not to any other mental health care or other activities of the parties.
Each Party agrees to indemnify, defend and hold harmless the other Party, its Board members, officers , directors, trustees, principals, partners, members, shareholders, related entities, successors and assigns employees and agents (together "Employees and Agents") from and against any claim, liability, or loss, actions, causes of action, suits, judgments, orders, administrative proceedings, alternative dispute resolution proceedings, fines, penalties, demands, obligations, damages, debts, costs expenses (including without limitation reasonable attorneys' fees) ("Claims"), arising out of or relating to the acts or omissions of the indemnifying party of any of its Employees or Agents in connection with this MOU. The Parties will cooperate with each other in the investigation and disposition of any claim arising out of the activities of the MOU, pro vided that nothing will require either Party to disclose any documents, records or communications which are protected under the peer review privilege, the attorney-client privilege, or the attorney work-product privilege. The provisions of this section will survive the termination of this MOU and the indemnification and defense obligations hereunder shall extend to Claims occurring after this MOU is terminated as well as while it is in force, and shall continue until it is finally adjudicated that any and all actions against the indemnified parties for such matters which are indemnified herein are fully and finally barred by applicable Laws. The indemnification set forth herein shall include all costs and actual attorney's fees incurred in enforcing this indemnification provision.
XIII. Wage Theft Prevention. (1) Compliance with Wage and Hour Laws: Contractor, and any subcontractor it employs to complete work under this MOU, must comply with all applicable federal, state, and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local Minimum Wage Ordinance or Living Wage Ordinance.
This MOU does not constitute a service agreement subject to the requirements of County Ordinance Code section B36 and related County policies.
(2) Final Judgments, Decisions, and Orders: For purposes of this Section, a “final judgment, decision, or order” refers to one for which all appeals have been exhausted. Relevant investi gatory government agencies include: the federal Department ofLabor, the California Division of Labor Standards Enforcement, a local enforcement agency, or any other government entity tasked with the investigation and enforcement of wage and hour laws.
(3) Prior Judgments against Contractor and/or its Subcontractors: BY SIGNING THIS MOU, OWNER
AFFIRMS THAT IT HAS DISCLOSED ANY FINAL JUDGMENTS, DECISIONS, OR ORDERS
FROM A COURT OR INVESTIGATORY
GOVERNMENT AGENCY FINDING —IN THE FIVE YEARS PRIOR TO EX ECUTING THIS MOU—THAT OWNER HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. OWNER FURTHER AFFIRMS THAT IT HAS SATISFIED AND COMPLIED WITH —OR HAS REACHED 344
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AGREEMENT WITH THE COUNTY REGARDING THE MANNER IN WHICH IT WILL SATISFY—ANY SUCH JUDGMENTS, DECISIONS, OR ORDERS.
(4) Judgments During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision, or order finding that Owner or any subcontractor it employs to perfo rm work under this Agreement has violated any applicable wage and hour law, or Owner learns of such a judgment, decision, or order that was not previously disclosed, Owner must inform the Office of the County Executive -Office of Countywide Contracting Mana gement (OCCM), no more than 15 days after the judgment, decision, or order becomes final or of learning of the final judgment, decision, or order. Owner and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the Office of the County Executive-OCCM with documentary evidence of compliance with the final judgment, decision, or order within 5 days of satisfying the final judgment, decision, or order. The County reserves the right to require Owner t o enter into an agreement with the County regarding the manner in which any such final judgment, decision, or order will be satisfied.
(5) County’s Right to Withhold Payment: Where Owner or any subcontractor it employs to perform work under this MOU has been found in violation of any applicable wage and hour law by a final judgment, decision, or order of a court or government agency, the County reserves the right to withhold payment to Owner until such judgment, decision, or order has been satisfied in full.
(6) Material Breach: Failure to comply with any part of this Section constitutes a material breach of this MOU. Such breach may serve as a basis for termination of this MOU and/or any other remedies available under this MOU and/or law.
(7) Notice to County Related to Wage Theft Prevention: Notice provided to the Office of the County Executive as required under this Section shall be addressed to: Office of the County Executive—OCCM; 70 West Hedding Street; East Wing, 11th Floor; San José, CA 95110. The Notice provisions of this Section are separate from any other notice provisions in this MOU and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.
XIV. Contract Execution. Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, o r an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic mean s of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.
XV. County No-smoking Policy. Owner and its employees, agents and subcontractors, shall comply with the County’s No-Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits smoking (1) at the Santa Clara Valley Medical Center Campus and all County -owned and operated healt h facilities, (2) within 30 feet surrounding County - owned buildings and leased buildings where the County is the sole occupant, and (3) in all County vehicles.
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Attachment A: Second Amended and Restated Memorandum of Understanding between the County of Santa Clara and the Santa Clara County Housing Authority
Attachment B: Tenant Selection Criteria
Attachment C: Screening-In Criteria
Attachment D: Property Management Plan
Attachment E: Services for Supportive Housing
IN WITNESS WHEREOF, the parties have caused this MOU to be entered into as of the day and year of execution of this MOU.
COUNTY OF SANTA CLARA JHC-Hillview LLC
A California limited liability company
__________________________ By: Jamboree Housing Corporation, Consuelo Hernandez, Director a California nonprofit public benefit corporation Office of Supportive Housing
Date: ______________________ Its: Manager
By: ________________________
Michael Massie, Chief Development
Officer
APPROVED AS TO FORM AND LEGALITY
_____________________________
Karen Willis
Deputy County Counsel
Date:_________________________
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SBCOND AMENDED AND RESTATED NO COST MEMORAI\IDUM OF'
UNDERSTANDING BETWEEN THE COUNTY OF SANTA CLARA AND TI{E SANTA
CLARA COUNTY HOUSING AUTHORITY
This Second Amended and Restated Memorandum of Understanding ("Second Amended and Restated MOU") is between the County of Santa Clara ("Counly") and the Santa Clara County Housing Authority (o'Housing Authority"), collectively refened to as the Parties, and is being entered into to establish roles, rights, and responsibilities related to providing permanent supportive housing to eligible individuals and families as defined in the Second Amended and Restated MOU. The Second Amended and Restated MOU replaces and supersedes allprevious MOUs between the County and the Housing Authority.
RECITALS
A. Whereas, the Housing Authority received approval for Moving to Work (MTW) Activity 2009- 05, which established a preference for chronieally homeless individuals and families.
B. Whereas, in 201 l, the Housing Authority established the Chronically Homeless Direct Referal Program ("CHDR") and allocatEd 200 Section I Housing Choice Vouchers to CHDR, tn20l2 allocated an additional 100 vouchers to CHDR, and in 2016 allooated an additional 500 vouchers to CHDR.
C. Whereas, the objective of CHDR is to provide affordable, permanent housing for chronically homeless individuals and families by providing permanent rental subsidies and appropriate supportive services through the collaborative effort of the Housing Authority, the County and other stakeholders âs part of the Care Coordination Project (CCP). The CCP is a countywide coordinated system of carc primarily for chronically homeless individuals and families. It is managed by the County's Office of Supportive Housing and is a collaboration with the Countyn the Housíng Authority, the City of San Jose, Destination: Home, other cities, other public agencies, and various community-based organizations (CBOs) to pool, prioritize and standardize permanent supportive housing.
D. Whereas, in 2012, the Housing Authority and the County entered into an MOU that described the roles and responsibilities of each organization with respect to CHDR and the CCP.
E. Whereas, the Parties entered into a new MOU on January 12,2016 (the "Original MOU").
F. Whereas, the Palties fully entered into an amended and restated MOU on September28,2076, in order to modify CHDR to better meet the needs of homeless individuals and families, maximizE local resources, and make corrections to the Original MOU.
Page X of 19
Second Amended and Restated Memorandum of Understanding between County of Santa Clara and the Santa Clara County Housing Authority
Approved: 02/06/2018
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I.
G. Whereaso on March 28,2017, the Parties amended and restated the MOU (from September 28, 2016) in order to ensure that Section I subsidies could be utilized as match for Continuum of Care (CoC) grants from the U.S. Department of Housing and Urban Development (HUD).
H. Whereas, the Housing Authority received approval for MTWActivity 2017-2, the Special Needs Direct Ret.erral Program ("SNDR") which established a preference for individuals and families with special needs.
L Whereas, the Parties seek to expand permanent supportive housing programs using SNDR, and ensure that SNDR is coordinated with CHDR (collectively,ooPt'ograms").
J, In consideration of the foregoing Recitals, and the mutual promises and covenants contained in this Second Amended and Restated MOU, the Parties agree that this Second Amended and Restated MOU and its terms and conditions shall supersede and replace the terms and conditions of the First Amended and Restated MOU.
SECOND AMENDED AND RESTATED MOU
TERM
This Second Amended and Restated MOU is effective as of the date it is fully executed, and will continue thereafter until June 30, 2035, unless extended by mutual consent or terminated as provided below in Section IV.
II. ALIGIBLA INDIYIDUALS AND FAMILIES
A. In order to be eligible for either the CHDR or the SNDR, individuals and families must meet all of the following criteria.
l. Through one or more assessment tools, determined to need the assistance of a permanent supportive housing program in order to obtain and/or maintain permanent housing;
2. Meet all of the eligibility criteria for the Section 8 program; and, 3, Be enrolled in the services cornponent of a permanent supportive housing program.
B. Eligibility Criteria for CHDR.
1. Individuals and families who f¿ll under one or more of the following categories are eligible for the CHDR.
i. Chronically homeless individuals and families who meet the United States Department of Housing and Urban Development's ("HUD") definition of chronically homeless that