CityCouncil_RegularSession_Attachments_08_16_2022 — Milpitas City Council, August 16, 2022 (part 3 of 4)

If any Commissioner is absent from three or more meetings in a year, that information will be reported to the City Council and can be grounds for removal. This policy allows for another resident to be appointed to the Commission. Attendance is tracked by staff and the City Clerk shall report to the City Council quarterly.

RESIGNATION
If a Commissioner is no longer available to serve, he or she must submit resignation in writing by sending a written communication to the Mayor and the City Clerk. This is per adopted City Council Resolution No. 7702. The written resignation must then be accepted by City Council via action on consent calendar at a regular meeting.

By state law, a 20-day Notice of Vacancy must then be posted by the City Clerk to invite new applicants for the vacant Commission seat.
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PARTICIPATION
When attending Commission meetings, all voting members have the opportunity and right to participate and be heard. The Chair of the Commission holds the responsibility for decorum at the meetings, and shall permit each Commissioner to offer comments and make any motions on matters on the meeting agenda.

Additionally, some Commissions expect participation by Commissioners outside of the regular meetings. For example, Planning Commissioners may attend the annual Planners Institute offered by the League of California Cities. Several Commissions participate in various joint events throughout the year and other participation in Commission events may be required, as identified in the adopted annual work plan.

CELEBRATION
The Mayor and City Council appreciate the service of each and every Commissioner.

As a way to express their appreciation, once each year in the spring, the City Council hosts an event to honor current Commissioners for their service. This may be a luncheon event at the Community Center or another facility. Each Mayor and City Council will determine and plan the celebration annually, as desired and budgeted, for the Commissioners, Alternate Members and their guests to enjoy.

FUNDRAISING
Several Commission work plans (approved by City Council) call for fundraising efforts, and those funds may then be utilized for events, contribution to non-profits, or for service provision. Money raised on behalf of the City of Milpitas will be held by the City of Milpitas as part of and in accordance with best practices of the city’s Finance Department. Any requests for funds to be dispersed will require City Council approval. City staff will work with Commissions to ensure proper accounting procedures and practices are followed to reflect compliance with City and state regulations alongside ethical action.
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ETHICS AND EXPECTED STANDARDS OF PERFORMANCE
City Commissioners are representatives of the City while serving in their role as volunteer Commissioners, both while in attendance at meetings and while present at City functions as a Commissioner. All Commissioners and Alternate Members shall adhere to ethical behavior at all times and that entails compliance with the City of Milpitas Standard Operating Procedure 16-1 “Code of Conduct for Public Officials” (see appendix). The code requires dedicated service, equal treatment, understanding potential for and avoiding conflicts of interest, and not participating in political activity while performing Commission duties.

City officials including appointed City Commissioners shall be required to participate in state-mandated ethics training (commonly referred to as AB1234). Such training is available online from the FPPC, on YouTube, and from the City Attorney.

Here are links to ethics training courses available:

Fair Political Practices Commission:
http://www.fppc.ca.gov/learn/public-officials-and-employees-rules-/ethicstraining.html Institute for Local Government:
http://www.ca-ilg.org/ethics-education-ab-1234-training Upon completion of the training, Commissioners shall file a signed certificate with the City Clerk, which shall remain on file in the Clerk’s office for the length of service of the Commissioner.
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California’s Ralph M. Brown Act
The Brown Act or Open Meetings law is found in the California Government Code section 54950 et seq. This significant law was enacted in 1953 to guarantee the public’s right to attend and participate in all meetings of local legislative bodies.

Those bodies include commissions, committees, boards or other body of a local agency, whether permanent or temporary, decision-making (such as Planning Commission) or advisory (all others). Most importantly, according to this law, all meetings must be properly noticed for participants and for the public. City staff must ensure this occurs for all Commissions.

Notably, a majority of the members of any Commission may not discuss or deliberate on any business within the subject matter jurisdiction of the Commission except at a noticed meeting, and this includes in person interactions as well as serial or indirect communications.

The agenda for a regular meeting must be posted in a location at the meeting site and freely accessible to members of the public at least 72 hours before the meeting.

Any meeting not established as a regular meeting is a “Special” meeting and a special meeting agenda must be posted at least 24 hours prior to the meeting.

Agendas must be posted at the building where the meeting occurs, and in Milpitas, also on the City’s website. Agendas for all meetings held at Milpitas City Hall are posted on the outside board for this purpose at the northwest entry to the building.

Meetings that are not properly noticed are not permitted. That would include “serial” meetings – which would be when one Commissioner contacts another, who then contacts another Commissioner by phone, e-mail or in person. All business of the Commission must be listed on the agenda, posted, and discussed at a public meeting held in an accessible location. Therefore, care must be taken to ensure that if a quorum (half of the members + 1) is gathered at a public or private place, no public business shall be discussed. For this purpose, e-mail communication between Commissioners should be avoided including the use of “Reply All” to any staff notices sent via e-mail to the entire Commission.

City of Milpitas Open Government Ordinance
In 2005, Milpitas City Council adopted the Open Government Ordinance and amended it in 2009. This is the local version of the City’s “Sunshine Law” and ensures that all public business of the city government is conducted in public. It enhances Brown Act requirements. This law is available to read and review in the City’s published Milpitas Municipal Code online, as Title I Chapter 310 found here:
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https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITIA D_CH310OPGOOR .

Parliamentary Procedure at Meetings
Meetings shall operate using standard parliamentary procedures following an approved meeting agenda. Most entities follow Robert’s Rules of Order (or, in the alternative Rosenberg’s). Procedures generally include:

1. Establish and post a written agenda.

2. Agenda includes a Call to Order, Roll Call, note start and ending times.

3. Action by Motions made, seconded, discussed and voted upon.

4. Adjourn the meeting to conclude or continue the meeting.

One Commissioner can make a motion to approve an action, another member shall second the motion aloud, and then the Commission Chair shall call for a vote. Staff will record the number of votes in favor, the number opposed and any abstaining.

The Chair will announce the result of the vote. Voting is most frequently done by voice, aloud, and may also be done by roll call or by a show of hands.

Motions may also be voted upon to open and close a public hearing, to adjourn (end) the meeting, or other necessary actions of the Commission. Training on these technical procedures is available and staff liaisons will schedule for new members.

The City Clerk can provide to each Commissioner one copy of the copyrighted booklet “The a-b-c’s of Parliamentary Procedure” published by Channing Bete. 134
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Resources Available for Commissioners
City of Milpitas web page for Commissions:
www.ci.milpitas.ca.gov/our-government/commission/commission-memberresources/ League of California Cities www.cacities.org
(Ethics, Brown Act and other training available online) Fair Political Practices Commission www.fppc.ca.gov
(Training available on YouTube regarding Forms)
Parliamentary Procedure video www.youtube.com/watch?v=FfnBGolKmbM http://www.rulesonline.com/
Roberts Rules of Order http://robertsrulesmadesimple.com/ Conflict of Interest Guidelines
State of California Fair Political Practices Commission (“FPPC”) regulates reporting of potential conflicts of interest, according to the Political Reform Act. It mandates the filing of annual forms, known as Form 700/Statement of Economic Interests in accordance with the City’s adopted Conflict of Interest Code. City Council, specified City staff, and certain City Commissioners must file Form 700 with the City Clerk each year. Its purpose is to reveal any potential conflicts of interest, relative to any financial interests held solely within the City of Milpitas. Forms must be filed initially when first appointed (Assuming Office), annually by April 1 each year, and then once more when departing the Commission upon resignation or conclusion of the term (Leaving Office).

More information and Form 700 is online at www.fppc.ca.gov . Contact the Milpitas City Clerk with any questions.

Commissions required to file Form 700:

Arts Commission
Community Advisory Commission
Economic Development & Trade Commission
Energy & Environmental Sustainability Commission
Parks, Recreation and Cultural Resources Commission
Planning Commission
Science, Technology & Innovation Commission
Deleted: guidelines
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APPENDICES
A. Standardized Commission By-Laws
B. Standard Operating Procedure 16-1 “Code of Conduct for Public Officials” C. FPPC Form 700 Statement of Economic Interests
D. City Council Resolution No. 7702 – notification upon resignation Deleted: Sample
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APPENDIX A
Standardized Commission Bylaws

CITY OF MILPITAS

COMMISSION BY-LAWS
Section 1. Purpose
A Commission serves as an active advisory group to the City Council on a variety of topics as directed by the City Council. These Commission By-Laws are applicable to all Commissions except for the Planning Commission, which is governed by the Municipal Code, Chapter 500. In addition to these By-Laws, each Commission shall have an addendum that is specific to the Commission and includes information about the Commission scope, member eligibility, and meeting frequency.

Section 2. Membership
A Commission is composed of seven (7) members and two (2) alternates appointed by the Mayor and approved by the City Council. All members and alternates shall be Milpitas residents, 18 years or older, unless otherwise noted in the Commission Bylaws Addendum. In addition to the seven (7) members and two (2) alternates, one (1) Milpitas resident enrolled in grades 9-12 may also be appointed as non-voting member by the Mayor and confirmed by the City Council for all Commissions except for the Youth Advisory Commission. The City Council may appoint a Council liaison to serve on the Commission in a non-voting capacity.

Section 3. Term of Office & Removal
The term of office is three years, or until the seat is filled, for every Commission and is tied to specific seats, not actual Commission members or alternates. A Commission member or alternate is appointed for the term of the seat, which can be less than three years, based on the time of appointment. A Commission member can re-apply at the end of each term.

Members and alternates are expected to attend all meetings. When any member or alternate has three or more absences in a 12-month period, the City Clerk’s Office shall forward this information to the City Council for review and possible removal of the member or alternate from the Commission. Any member or alternate of the Commission may be removed from office at any time by a simple majority vote of the City Council at a regularly scheduled Council meeting, with or without cause.

Members and alternates may apply for reappointment by submitting a letter or e-mail of interest to the Mayor with a copy to the City Clerk prior to the expiration of his/her term of office. Any member or alternate of the Commission who wishes to resign MUST submit a letter of resignation or email to the Mayor with a copy to the City Clerk. Resignations will be confirmed by the City Council at a regularly scheduled Council meeting.

Deleted: Sample
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Section 4. Vacancies
Vacancies will be filled for the unexpired portion of the term by the Mayor with the approval of the City Council.

Section 5. Officers
A Chair and Vice Chair will be selected annually at the first meeting of the calendar year from the appointed members for a term of one year. The Chair will call for meetings and preside over all sessions. In the absence of the Chair and Vice Chair, the member with longest continuous service on the Commission will preside.

Section 6. Meetings
Commissions shall hold regular meetings at a predetermined day, week, time and location. All meetings shall be open to the public. Should a scheduled meeting occur on a holiday, said meeting will be deferred to the same day of the following week or to a date agreed upon by a majority of the Commission. Special meetings may be called by majority vote, the Chair, Staff Liaison, or the City Council. No meetings will be held in the month of July. Notice of any special meeting shall be given as required by law. Except as otherwise provided by these Bylaws, the Commission shall follow the latest edition of Robert’s Rules of Order for the orderly conduct of meetings.

Section 7. Quorum
A quorum is a majority of the total voting seats on the Commission. Any FOUR (4) voting members, including alternates, shall constitute a quorum for the transaction of business. Alternates count towards quorum even when not seated until after the start of a meeting.

Section 8. Voting and Seating of Alternates
Voting authority is extended to the SEVEN (7) regular members. An alternate member shall vote only if seated in the absence of a regular member. In the event that a regular member is absent, alternate members shall be seated in order of their alternate position. If a member arrives after an alternate has been seated, the alternate shall remain as the voting member until the end of the meeting.

Section 9. Duties of Commission to be Advisory Only
It is intended that the Commission shall be an advisory body to the City Council.

Section 10. Subcommittees
Other committees within the Commission will be subcommittees of the Commission. The Commission may appoint such subcommittees, with at least one Commission member on the subcommittee, but not more than three members so as not to constitute a quorum.

Section 11. Assistance of Staff
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The City Manager of the City of Milpitas shall provide the Commission with such information and staff assistance as the Commission may from time to time request subject to the limitations imposed by the City Council. The staff member designated by the City Manager shall attend meetings of the Commission, meetings of the Commission subcommittee as necessary, and submit such reports as said Commission may request and as deemed necessary or desirable, subject to limitations imposed by the City Council. The role of the Staff Liaison on a Commission is defined and should be referred to in the City of Milpitas Commissioner Handbook.

Section 12. Amendments
These Bylaws are subject to change through amendments approved by the City Council.
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APPENDIX B

CITY OF MILPITAS, CALIFORNIA
STANDARD OPERATING PROCEDURE 16-1
Effective: 03-02-1970
Revised: 03-17-1976
06-02-2004
SUBJECT: CODE OF CONDUCT FOR PUBLIC OFFICIALS
The proper operation of democratic government requires that public officials and employees be independent, impartial, and responsible to the people. The purpose of this Code of Conduct is to establish ethical standards of conduct for all such persons and to direct disclosure by such public officials and employees of private, financial or other interests in matters affecting the City. This Code is distinct from the Milpitas Code of Ethics, which applies solely to elected and appointed officials, campaign candidates, city management, and senior staff.

The municipal officials and employees of the City of Milpitas, whether elected or appointed, are "public officials and employees" within the meaning and intent of this Code.

1. Responsibilities of public office.
a. Public officials and employees are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their primary concern. Their conduct in both their official and private affairs should be above reproach.
b. Public officials and employees are bound to uphold the Constitution of the United States and the Constitution of the State of California and to carry out impartially the laws of the nation, state, and municipality.

2. Dedicated Service.

Public officials and employees should not exceed their authority or breech law or ask others to do so and they should work in full cooperation with other public officials and employees unless prohibited from doing so by law or by officially recognized confidentiality of their work.

3. Fair and Equal Treatment.
a. Unilateral Communications. No public official or employee should encourage, make, or accept any application or communication from any party made out of the presence and without the knowledge of other 140
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parties in a matter under consideration when such application or communication is designed to influence an official decision or the conduct of the official or other officials, employees, or agencies in order to obtain favored treatment or special consideration to advance the personal or private interests of himself/herself or others.

Any written unilateral communication received by a public official or employee in matters where all interested parties should have equal opportunity for a hearing should be made part of the record by the recipient. Any oral unilateral communication received under such condition should be written down in substance by the recipient and also made a part of the record.
b. Use of Public Property. No public official or employee shall request, use, or permit the use of city-owned vehicles, equipment, materials, or property for personal convenience or profit, except when such services are available to the public generally or are provided as municipal policy for the use of such official or employee in the conduct of official business.

4. Conflict of Interest.
a. No public official or employee, whether paid or unpaid, shall engage in any business or transaction or shall have a financial interest or other personal interest, direct or indirect, which is incompatible with the proper discharge of his/her official duties in the public interest or would tend to impair his/her independence of judgment or action in the performance of said official duties. Personal, as distinguished from financial interests, includes an interest arising from blood or marriage relationships, personal friendships, fraternal relationships or close business or political associations.
b. Specific conflicts of interests are enumerated below for the guidance of officials. This list is merely illustrative and not exclusive:
(1) Incompatible Employment. No public official or employee shall engage in or accept private employment or render services from private interests when such employment or services is
incompatible with the proper discharge of his/her official duties or would tend to impair his/her independence of judgment or action in the performance of said official duties. In the event a public official or employee should possess a financial or personal interest in any business or transaction, any presumption of conflict of interest in his/her public duties shall be removed by disclosure of the nature and extent of such investment to the proper authority for the records of said authority.
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(2) Disclosure of Confidential Information. No public official or employee shall, without proper legal authorization, disclose confidential information concerning the property, government, or affairs of the City. Nor shall they use such information to advance the financial or other private interests of themselves over others. (3) Gifts and Favors. No public official or employee shall accept any gift at any time, whether in the form of a service, loan, thing, or promise, from any person, firm or corporation, which to his/her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the City; nor shall any such official or employee accept a gift, favor or thing of value that may tend to influence him/her in the discharge of his/her duties, or grant in the discharge of said duties any improper favor, service, or thing of value. The following exceptions may be permitted with the approval of the City Manager:
(a) A gift of candy or other perishable food items to the City or department, which is to be kept in the office area and
shared by all employees;
(b) A gift justified by a personal relationship, which exists outside the realm of City business.

In situations where a public official or employee receives a gift, which is extremely embarrassing to return, the City Manager's Office has draft copies of letters, which might be enclosed to return the gift to the party who sent it. Anonymous gifts should be given to the City Manager's Office for disposal to a local charity if it has no useful purpose to the City.
(4) Representing Private Interests Before City Agencies or Courts. No public official or employee whose salary is paid in whole or in part by the City shall appear in behalf of private interests before any agency of the City; nor shall they represent private interests in any action or proceeding against the interest of the City or in any litigation to which the City is a party.
(5) Contracts with the City. The public has a right to assume that City employees are given no special advantages by virtue of their employment. Whether or not any special advantage exists, an employee's private involvement in any item bought or sold by the City is subject to criticism and misunderstanding and should be avoided. In accordance with Section 1090 of the Government 142
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Code, City officers and employees are prohibited from bidding on or buying any items offered for sale by the City. This prohibition includes:
(a) The auction and sale of bicycles, personal property, and other items confiscated or held for safekeeping by the City; and
(b) The use of intermediaries to purchase such items for a City of Milpitas employee.

No public official or employee shall become a vendor selling any item to the City. Further, said officials and employees shall not participate in City purchases to buy anything for themselves, friends or relatives. Nor shall City purchases be used to secure personal price advantages.

Public officials and employees are cautioned from accepting "discounts" or other advantages offered by vendors to "City Employees." While these may be legitimate business promotions from ethical businesses, employees should first ensure that they are not compromising themselves or placing the City in a potentially embarrassing position through a conflict with their official duties.
(6) Disclosure of Interest in Legislation. Any public official or employee who appears before the City Council and has a financial or private interest in any pending City legislation should disclose such interest on the record of the City Council and thereafter abstain from participating in discussions with or giving an opinion to the Council. (7) City officials or employees who discover lost or stolen property should immediately turn it in to the Police Department. If the property is discovered while on duty, the official or employee is not entitled to receive unclaimed property in accordance with the Civil Code. However, except for peace officers, unclaimed property discovered when off duty may be claimed in accordance with the law.

5. Political Activity.

In accordance with Title VI, Chapter 101, Section 18, of the City Ordinance Code, no public official or employee shall during hours of work or when dressed in a uniform required in any department of the City or when wearing any City insignia required or permitted in any department of the City or while identifying 143
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themselves as an officer or employee of the City of Milpitas, participate in any City, District, County, State, Federal, or other political activity or participate in any nomination, campaign or election.

This does not prevent any officer or employee from:
a. Becoming or continuing to be a member of a political club or organization; b. Attending political meetings;
c. Enjoying entire freedom from all interference in voting; d. Speaking or accepting election or appointment to public office while on leave of absence;
e. Seeking signatures for any initiative or referendum petition directly affecting rates of pay, hours of work, retirement, civil service or other working conditions provided such activity is not carried on during hours of work;
f. Distributing badges, pamphlets, dodgers, or hand bills or other participation in any campaign in connection with such petition if the activity is not carried on during hours of work or when dressed in the uniform required in any department of the City.

A violation of any provisions of this Code may constitute a cause for suspension, removal from office or employment or other disciplinary action.

The Council amended this SOP and renamed it to Code of Conduct for Public Officials by Resolution No. 7414 effective June 1, 2004.
16-1/SOP/6-04
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APPENDIX C
FPPC Form 700 Statement of Economic Interests
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APPENDIX D
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City of Milpitas Commission Standardized Bylaws 1

CITY OF MILPITAS

Section 4. Vacancies
Vacancies will be filled for the unexpired portion of the term by the Mayor with the approval of the City Council.
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Section 5. Officers
A Chair and Vice Chair will be selected annually at the first meeting of the calendar year from the appointed members for a term of one year. The Chair will call for meetings and preside over all sessions. In the absence of the Chair and Vice Chair, the member with longest continuous service on the Commission will preside.

Section 9. Duties of Commission to be Advisory Only
It is intended that the Commission shall be an advisory body to the City Council.

Section 11. Assistance of Staff
The City Manager of the City of Milpitas shall provide the Commission with such information and staff assistance as the Commission may from time to time request subject to the limitations imposed by the City Council. The staff member designated by the City Manager shall attend meetings of the Commission, meetings of the Commission subcommittee as necessary, and submit such reports as said Commission may request and as deemed necessary or desirable, subject to limitations imposed by the City Council. The role of the Staff Liaison on a Commission is defined and should be referred to in the City of Milpitas Commissioner Handbook. 148
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Section 12. Amendments
These Bylaws are subject to change through amendments approved by the City Council.

PASSED AND ADOPTED APRIL 16, 2019.

Addendums:
1) Arts Commission
2) Community Advisory Commission
3) Economic Development and Trade Commission
4) Energy and Environmental Sustainability Commission
5) Library and Education Advisory Commission
6) Parks, Recreation and Cultural Resources Commission
7) Public Safety and Emergency Preparedness Commission
8) Senior Advisory Commission
9) Science, Technology, and Innovation Commission
10) Veterans Commission
11) Youth Advisory Commission
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CITY OF MILPITAS

STANDARD COMMISSION
BYLAWS
Addendum: Economic Development and Trade Commission
The Economic Development and Trade Commission was originally established by the Milpitas City Council on February 18, 2003. On August 21, 2018, the City Council merged this Commission’s advisory areas to include those of the dissolved Sister Cities Commission, which would be addressed through an international trade advisory area.

Advisory Area
This Commission will advise the Council on business issues, cultivate international trade relationships, and make recommendations on the design, development, and implementation of economic development in the City of Milpitas.

Membership
All members and alternates shall be Milpitas residents, OR own a business or be currently employed at a business located within the City limits of Milpitas.

Members of the Economic Development and Trade Commission are most appropriate, but not limited to the following areas of expertise or interest:
• Chamber of Commerce
• Milpitas Unified School District/Education
• Technology and Trade
• Business (may include, but not limited to, retail, restaurant, hotel, commercial, etc.) • Commercial Real Estate (may include, but not limited to, brokers, developers, property owners, etc.)
• Resident
Economic Development Staff will consult with the Mayor on appointments to the Commission.

The City Council may confirm a Milpitas Unified School District Board Member liaison to serve on the Commission. This Member is selected by the Milpitas Unified School District Board and confirmed by Council at a City Council meeting.

Meetings
The Economic Development and Trade Commission shall hold meetings the 2 nd Mondays of
every month except, December and July, at 4:30 PM at the Committee Conference Room in City Hall, or a designated location.

PASSED AND ADOPTED APRIL 16, 2019.
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Passed and Adopted 4/16/19 Revised X/X/XX
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CITY OF MILPITAS

STANDARD COMMISSION
BYLAWS
Addendum: Science, Technology and Innovation Commission The Science, Technology and Innovation Commission was originally established by City Council on September 6, 1994. On August 21, 2018, the City Council updated the name of the Commission.

Advisory Area
This Commission will advise the Council on matters pertaining to technology services benefitting the Milpitas community.

Meetings
The Science, Technology and Innovation Commission shall meet 6 times a year on the 3 rd
Monday of that month, at 7:00 PM at the Committee Conference Room in City Hall, or another designated location. The schedule of meetings will be determined by the Commission at the first meeting following the July City Council legislative break.

PASSED AND ADOPTED APRIL 16, 2019.

Deleted: hold meetings
Deleted: every
Deleted: except July,
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Passed and Adopted 4/16/19 Revised X/X/XX
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CITY OF MILPITAS

STANDARD COMMISSION
BYLAWS
Addendum: Youth Advisory Commission
The Youth Advisory Commission was established by City Council in April 1996.

Advisory Area
This Commission will advise the Council on matters pertaining to youth and teens in Milpitas.

Appointments
Appointments to the Youth Advisory Commission shall be brought to the City Council at the last meeting before the July City Council legislative break.

Membership
All members and alternates shall be Milpitas resident students in grades 7-12.

Meetings
The Youth Advisory Commission shall hold meetings the 2 nd Thursdays of every month, except
July, at 6:00 PM at the Rooms 140/141 in the Teen Center, or another designated location.

PASSED AND ADOPTED APRIL 16, 2019.

Formatted: Font: Not Bold, No underline
Deleted: 7:00
Deleted: Committee Conference Room
Deleted: City Hall
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AGENDA REPORT
(AR)
Item Title: Receive and Review the FY 2021-22 Annual Report of Sole Source Contracts Lauren Lai, Finance Director, 408-586-3111
Category: Consent Calendar-Leadership and Support Services Meeting Date: 8/16/2022
Recommendation: Receive and Review the FY 2021-22 Annual Report of Sole Source Contracts
BACKGROUND:

The Purchasing Agent is authorized by the City’s Municipal Code to make sole source determinations after conducting a good faith review of available sources and concluding that only one procurement source (vendor) for the desired product or service is available. Following past practice, the Purchasing Agent approves sole source purchases up to $100,000.00 and the Council approves sole source purchases above $100,000.00 based on the Purchasing Agent’s recommendation.

Per Title I, Chapter 2, Section 3.06 of the Milpitas Municipal Code, staff shall provide annually to the City Council a list of all sole source contracts executed or renewed during the past fiscal year not later than August 31. This agenda report transmits the information required in an attached list of sole source purchases and renewals including department, short product description, vendor name, and dollar amount.

ANALYSIS:

During the reporting period, 40 sole source contracts or purchase orders amounting to $2,554,408.82 were entered into or renewed on behalf of nine departments. The attached report groups contracts or purchase orders executed or renewed by department and provides relevant information for items such as the department, short product description, vendor name, and dollar amount.

Sole Source purchases are approved for various reasons. Some of these reasons are outlined below with some examples for these Sole Source purchases and the vendors’ name in parenthesis.

1. The product is a “one of a kind,” the manufacturer, distributor, or company is the only authorized source for the product or service. Notable examples:
a. Online investigative database (LexisNexis)
b. No Smoke Diesel Exhaust Removal System (Ward Diesel)

2. The sole source justification is based on matching existing equipment for the proper operation of the equipment or City Program. Notable examples:
a. AEDs for Patrol Vehicles (Stryker Medical)
b. Badger Water Meters (National Meter & Automation)
POLICY ALTERNATIVE(S):

Alternative 1: Do not approve the Sole Source Contracts Annual Report Pros: None
Cons: The City will be out of compliance with Muni Code Section I-2-3.06 Sole Source Procurement.

Reason Not Recommended: It is in the City’s best interest to be in compliance with Muni Code Section I-2-

3.06 Sole Source Procurement.
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FISCAL IMPACT:

There is no fiscal impact to receive this informational report.

California Environmental Quality Act (CEQA):

The action being considered has no potential for causing a significant effect on the environment and is exempt from The California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 1561 (b)(3).

RECOMMENDATION:

Receive and review the FY 2021-22 annual Sole Source Report Attachment(s):

FY 2021-22 Sole Source Report
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Department Discription Vendor Amount
1 City Clerk 700 e-filing and Administration NetFile $6,750.00 Total $6,750.00
2 City Manager Media Monitoring Service Meltwater $5,820.00 3 City Manager Milpitas Measure B Bike Share and
Pedestrian Program Silicon Valley Bicycle Coalition $45,000.00 Total $50,820.00
4 Finance Time and Attendance Software Mitrefinch $5,957.50 5 Finance GIS Data Export and Alarm Permit
Reports HdL $22,513.62
Total $28,471.12
6 Fire Matching Locution System Motorola $43,832.00
7 Fire Emergency Patient Locator App Pulse Ponit $8,000.00 8 Fire Annual Fire Policy Manual Lexipol $10,462.00
9 Fire E-88 Repairs Golden State Emergency Vehicle $26,167.00 10 Fire Stryker Technical Support Stryker Sales Corp $18,658.80 11 Fire NarcBox and Narc Trac Pro Subscription NarcBox, EMS Logik $25,202.46 12 Fire Intterra Reporting and Analytics Intterra $21,750.00 13 Fire Ward No Smoke Diesel Exhaust
Removal System Ward Diesel $113,027.46
Total $267,099.72
14 Information
Technology Advanced Premise Superion $60,471.30
15 Information
Technology
GIS Service and APN Clean Up
Conversion Service Central Square $18,315.00
16 Information
Technology Web Governance Suite Monsido $3,750.00
Total $82,536.30
17 Planning Symbium Plancheck Symbium $210,000.00
18 Planning Micro-Transit Service RideCo $1,084,732.80
Total $1,294,732.80
19 Police NICE Logging Solution Motorola $16,941.60
20 Police Analytics System for Collision
Reporting and Traffic Engineering Crossroads $52,500.00 21 Police LEFTA Systems SHIELD Suite LEFTA Systems $7,755.00 22 Police Automated License Plate Reader Flock Group, Inc. $81,250.00 23 Police CordioShield Wellness App. Cordico $20,000.00 24 Police Accurint for Law Enforcement LexisNexis $2,100.00 25 Police Officer Safety Plan 7 Axon Enterprise, Inc. $182,635.40 26 Police LifePak CR2 Defibrillators Stryker Sales Corp $39,242.41 27 Police BolaWrap Wrap Technologies, Inc $18,200.82
FY 21-22 Annual Sole Source Report
155
Item # C11.
28 Police MP5000 Portable Crash Barrier System Delta Scientific Corporation $106,836.95 29 Police Bola Wraps ProForce Law Enforcement $14,710.23 30 Police Pen System Annual Maintenance SyTech $10,308.00 31 Police SpeakWrite Voice Reports SpeakWrite $10,000.00 Total $562,480.41
32 Public Works Ammonia Mono Chloraime Analyzer
Service Hach $9,961.85
33 Public Works InfoWater & InfoSewer Long Term
Projection Software Innovyze $17,983.00
34 Public Works Water Meters and Ancillary
Equipment/Parts. National Meter & Automation $37,683.28 35 Public Works Subscription and Training SeeClickFix, Inc $18,000.00 36 Public Works Monoclor MC-60 Hypochlorite
Generation System PSI Water Technologies $63,000.00
37 Public Works Sodium Hypochlorite Generating System Telstar $7,000.00 38 Public Works SmartLevel Monitoring System Hadronex, Inc. dba SmartCover Systems $35,225.00
Total $188,853.13
39 Recreation Synthetic Ice Rink Ice America $62,306.00 40 Recreation Sinnot Rails and Handholds Ross Recreation $10,359.34 Total $72,665.34
Grand Total $2,554,408.82
Over $100,000.00 $1,590,395.66
Under $100,000.00 $964,013.16
156
Item # C11.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Conduct a Public Hearing and Approve the 2022 Report on Compliance with Public Health Goals for Drinking Water (Staff Contact: Tony Ndah, Public Works Director, 408-586-2602)
Category: Public Hearings-Community Services and Sustainable Infrastructure Meeting Date: 8/16/2022
Recommendation: (1) Open the public hearing to receive public comments and then move to close the public hearing; and (2) Accept and approve the 2022 Report on Compliance with Public Health Goals for Drinking Water in accordance with provisions of the California Health and Safety Code.

Background:

Public Health Goals (PHGs) are non-enforceable water quality goals established by the California Office of Environmental Health Hazard Assessment and are based solely on public health risk considerations. Maximum Containment Level Goals (MCLG), established by the U.S. Environmental Protection Agency (USEPA), are the federal equivalent to California’s PHGs. California Health and Safety Code requires all California water retailers serving more than 10,000 service connections to review water quality sampling results in relation to State established Public Health Goals (PHGs) for specified contaminants every three years.

During this triennial review of water quality sampling data, if sampling results show one or more contaminants in drinking water exceed the Public Health Goal (PHG), the water retailer must prepare a report to inform consumers of water quality contaminants that exceeded the PHGs. Public water systems are also required to hold a public hearing for the purpose of accepting and responding to public comment on the report, which may be done as part of a regularly scheduled Council meeting.

The 2022 Report on Compliance with Public Health Goals in Drinking Water (2022 PHG Report) covers calendar years 2019-2021. This report is presented to Council to satisfy the public hearing requirements and to obtain Council approval.

Analysis:

For this triennial review, staff reviewed water quality monitoring data collected for the years 2019, 2020, and 2021. The City of Milpitas water system complies with all of the health-based drinking water standards and Maximum Contaminant Levels (MCLs) required by the State Water Resources Control Board (SWRCB) and the USEPA. PHGs and MCLGs are levels of a contaminant in drinking water below which there is no known or expected risk to health. MCLs are set as close to the PHGs or (MCLGs) as is economically and technologically feasible and are lower levels than the established regulatory standards.

During the three-year reporting period, there were no exceedances measured in the City’s water system for any PHG or MCLG. However, the City purchases water from two water wholesalers and, of those, the Santa Clara Valley Water District (Valley Water) reported detectable levels of bromate that exceeded the PHG, but were still below the MCL.

Bromate in drinking water is typically formed as a byproduct of ozonation disinfection of drinking water. Ozone disinfection is highly effective at inactivating microbial contamination and creates fewer disinfection by-products than hypochlorite. Bromate is a probable human carcinogen, and it can also cause non-cancer adverse health effects like hyperplasia. The City and its water suppliers will continue to implement the best available 157
Item # 12.
technologies for preventing the formation of bromate as well as implementing best practices for monitoring and maintenance of the water system.

Fiscal Impact:

There are no specific fiscal implications from accepting the 2022 Public Health Goal Report.

California Environmental Quality Act:

Recommendations:

1. Open the public hearing to receive public comments and then move to close the public hearing.

2. Accept and approve the 2022 Report on Compliance with Public Health Goals for Drinking Water in accordance with provisions of the California Health and Safety Code.

Attachment:

1. 2022 Water Quality Report on Compliance with Public Health Goals 158
Item # 12.

City of Milpitas – Public Health Goals Report 2022 1
CITY OF MILPITAS – 2022 PUBLIC HEALTH GOALS REPORT

BACKGROUND
The California Health and Safety Code, section 116470(b) requires public water systems serving more than 10,000 service connections to prepare a report if water quality monitoring results over the past three years exceed any California Public Health Goals (PHGs) and/or federal Maximum Contaminant Level Goals (MCLGs). PHGs are non-enforceable goals established by the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA). MCLGs are goals that are adopted by USEPA, and only come into play if there is no California PHG. PHGs may not be more lenient that MCLGs.

Only constituents that have a California primary drinking water standard and for which either a PHG or MCLG has been set are to be addressed in the Report. Attachment 1 contains a list of the regulated constituents and their respective PHGs or MCLGs.

If a constituent was found to be above the detection limit for purposes of reporting (DLR) by a water supplier between January 1, 2019 and December 31, 2021 at a level exceeding an applicable PHG or MCLG, the Report shall contain the following information as required by the law:
• Numerical public health risk associated with the enforced Maximum Contaminant Level (MCL) and the PHG or MCLG;
• Category or type of risk to health that could be associated with each constituent; • Best treatment technology available, if any, that could be used to remove or reduce the constituent to a level at or below the PHG or MCLG;
• Estimate of the cost to install that treatment and if it is appropriate and feasible; and • Description of the actions, if any, the City intends to take to reduce the level of the constituent.

The City of Milpitas conducts weekly, quarterly, annual, triennial, and 9-year monitoring on a continuous basis and is pleased to report that there were no compliance results in the past three years that were detected at or above the MCLG or PHG. The City purchases water from two water retailers: the San Francisco Public Utilities Commission (SFPUC) and the Santa Clara Valley Water District (Valley Water). In 2021 Valley Water reported detectable levels of bromate that exceeded the PHG, but were still below the MCL.

PHG/MCLG vs. MCL
PHGs are set by OEHHA (and MCLGs by USEPA) based solely on public health risk considerations. MCLs are set by USEPA or the California State Water Resources Control Board (SWRCB) Division of Drinking Water (DDW) as the contaminants maximum level which public water systems must not exceed. Violations of MCLs can result in fines, abatement orders, or closure of facilities. When the USEPA, or the DDW, adopts an MCL, they take into account such factors as (1) analytical methodologies, (2) effectiveness of available treatment 159
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City of Milpitas – Public Health Goals Report 2022 2
technologies, and (3) health benefits versus costs. PHGs (and MCLGs) are not enforceable and are not required to be met by any public water system.

Water Quality Data Review for this Report
Water quality data collected by the City of Milpitas during the calendar years of 2019, 2020 and 2021 for purposes of determining compliance with drinking water standards were reviewed in order to prepare this Report. The City of Milpitas purchases water from two water wholesalers:
the San Francisco Public Utilities Commission (SFPUC) and the Santa Clara Valley Water District (Valley Water) and results of that monitoring is also considered in the report review.

This data was summarized in the 2019, 2020, and 2021 Annual Water Quality Reports, also known as Consumer Confidence Reports, which were distributed to all of our customers by July of each of the following years and are also available online (see Attachment 2 for copies of the 2019, 2020, and 2021 City of Milpitas Water Quality Reports).

Guidelines Followed for Preparation of this Report
The Association of California Water Agencies (ACWA) formed a workgroup that prepared guidelines for water utilities to use in preparing required PHG Reports. These guidelines, titled “Suggested Guidelines for Preparation of Required Reports on PUBLIC HEALTH GOALS (PHGs) to satisfy requirements of California Health and Safety Code Section 116470(b)” dated April 2022 were used in the preparation of this Report.

Best Available Treatment Technology and Cost Estimates
Both USEPA and DDW adopt Best Available Technologies (BATs), which are the best known methods of reducing contaminant levels below the MCL. This report also considers, where appropriate, other commercially available BATs that may have the ability to further reduce constituent levels beyond the MCL to the PHG/MCLG level or below. While a BAT may identify a process that can reduce the presence of a constituent, the cost of implementation can be a major factor in deciding whether or not to adopt the process. For a system that is in compliance with MCL levels, striving to keep constituents at or below PHG/MCLG levels must be evaluated with costs in mind. Thus, while the City is meeting all water quality MCLs, the intent of this exercise is to re-evaluate the value of a technology to remove or reduce a constituent to the level at which the USEPA or OEHHA has determined that there is no associated health risk (i.e. at or below the PHG/MCLG), if possible, and whether the cost to the ratepayers to provide advanced treatment could be justified.

The PHGs/MCLGs are set much lower than the MCL, and it is not always possible or feasible to determine what treatment technology is able to further reduce a constituent to a level at or below the PHG/MCLG. In some cases, such as when the MCLG is set at zero, there may not be commercially available technology to reach that level. The issue is further complicated because it is often not possible to verify by analytical means that the constituent has been totally eliminated, as some laboratory analyses can detect constituents down to a DDW approved level with certainty and are unable to definitively identify the constituent at lower levels. In some cases, installing treatment to try and further reduce very low levels of one constituent may have adverse effects on other aspects of water quality.
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Item # 12.

City of Milpitas – Public Health Goals Report 2022 3

CONSTITUENTS DETECTED THAT EXCEED A PHG OR MCLG
In reviewing water quality monitoring data collected during 2019, 2020, and 2021, the City of Milpitas staff have concluded that a PHG Report is required that addresses bromate.

The following sections present a discussion of the detected constituent, the bromate levels detected, and the BATs to manage and mitigate the presence of bromate.

Bromate
Bromate is not commonly found in water, but it can be formed as a byproduct of ozonation disinfection of drinking water, or as a byproduct from treatment of water with concentrated hypochlorite. It is formed when naturally occurring bromide reacts with ozone during the disinfection process. The City of Milpitas purchases treated surface water from the SFPUC and Valley Water. Both water retailers use ozone as the primary disinfectant. Ozone disinfection is highly effective at inactivating microbial contamination and creates fewer disinfection byproducts than hypochlorite.

The MCL for bromate is 10 ug/L (micrograms per liter), with a PHG of 0.1 ug/L. The DLR for bromate is 1 ug/L, and at the present time there are no laboratory methods available that can reliably measure bromate to levels as low as the PHG.

The category of health risk for bromate is carcinogenicity as it is capable of producing cancer.

OEHHA has determined that the numerical health risk associated with concentrations at the PHG is equivalent to one excess case of cancer in 1,000,000 people.

Valley Water Bromate Monitoring Results
Bromate was detected in treated effluent from the two Valley Water Treatment Plants in 2019, 2020, and 2021 with a maximum value of 7.9 ug/L for the reporting period, above the PHG of

0.1 ug/L. The detected levels of bromate are typically well below the drinking water standard of 10 ug/L with the averages over the past 3 years being 1.4, 2.1, and 3.3 ug/L.

Best Available Technology to address Bromate
The USEPA and the SWRCB have identified that optimal control of the ozone treatment process is the BAT for reducing bromate formation. Valley Water’s staff monitors its raw and treated water supply and continues to optimize treatment for disinfection byproduct control.

The BAT for bromate reduction is reverse osmosis (RO). RO treatment reduces the naturallyoccurring bromide in source water by reducing the natural organic matter in water. When this is reduced, the demand for ozone decreases, therefore reducing bromate formation. Because the DLR for bromate (1 ug/L) is greater than the PHG, it would be difficult to assess the effectiveness of RO treatment on reaching the PHG level. The City of Milpitas does not own or 161
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City of Milpitas – Public Health Goals Report 2022 4
operate a water treatment facility and therefore cannot provide an exact cost estimate to treat bromate.

SUMMARY AND CONCLUSION
The drinking water for the City of Milpitas meets all standards established by DDW and USEPA to protect public health. The level of bromate detected is well below the state and federal MCL.

However, if an MCL violation occurs, the City of Milpitas will coordinate with Valley Water to identify solutions for removing or reducing bromate in the water. Valley Water will continue to implement the BATs discussed to prevent bromate formation as well as the monitoring and maintenance programs. No additional actions are proposed at this time.

Attachments:

1. Table of Regulated Constituents with MCLs, DLRs, and PHGs for Regulated Drinking Water Contaminants

2. Consumer Confidence Reports for 2019, 2020 and 2021. 162
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City of Milpitas – Public Health Goals Report 2022 5
ATTACHMENT NO. 1
MCLs, DLRs and PHGs for Regulated Drinking Water Contaminants Last Update: September 14, 2021
Prepared and provided by the Association of California Water Agencies (ACWA). 163
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165
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166
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City of Milpitas – Public Health Goals Report 2022 6
ATTACHMENT NO. 2
City of Milpitas Consumer Confidence Reports:
• 2019 Water Quality Report
• 2020 Water Quality Report
• 2021 Water Quality Report
168
Item # 12.

CITY OF MILPITAS 2019
Water Quality Report
City Council meetings are typically held on the first and third Tuesday of every month at 7:00 pm in the City Hall Council Chambers located at 455 E. Calaveras Blvd. Prior to each meeting, Council meeting agendas can be found posted at City Hall and can also be downloaded from the City website: www.ci.milpitas.ca.gov.

Important contact information How to get involved
This report contains important information about your
drinking water. Translate it, or speak with someone who understands it.

Este informe contiene información muy importante sobre su agua potable. Tradúzcalo o hable con alguien que lo
entienda bien.

Ito ay isang mahalagang impormasyon tungkol sa inyong
iniinom na tubig. Isaling-wika ito, o makipag-usap sa isang tao na naiintindihan ito.

Chi tiết này thật quan trọng. Xin nhờ người dịch cho quý vị. 此份有關你的食水報告內有重要資料和訊息請找
他人為你翻譯及解釋清楚。
Division of Drinking Water
waterboards.ca.gov/drinking_water/
(510) 620-3474
US EPA
water.epa.gov
(800) 426-4791
Department of
Water Resources
www.water.ca.gov
Bay Area Water Supply and
Conservation Agency
bawsca.org
American Water Works
Association
awwa.org or DrinkTap.org
SCVWD
valleywater.org
Resources
City of Milpitas
455 E Calaveras Blvd.

Milpitas, CA 95035
(408) 586-3000; TDD (408) 586-2643
www.ci.milpitas.ca.gov
Hours of operation
8 a.m. to 5 p.m., M–F
Water Emergencies
(408) 586-2600, Business Hours
(408) 586-2400, After Hours
Billing Questions
(408) 586-3100
Water Conservation Hotline
(408) 586-2666
SCVWD Pollution Hotline
(888) 510-5151 (24 Hours)
City of Milpitas
455 E. Calaveras Blvd.

Brown water could also be from blocked or clogged sink fixture aerators. Aerators are located at the end of a fixture and can be removed and flushed to clear any debris.

Once flushed, hand-tighten to reassemble.

Is there fluoride in the water?
The City receives fluoridated water from SFPUC and SCVWD. SFPUC has been fluoridating water since 1995 while SCVWD began fluoridation in December of 2016.

Why has my water pressure dropped suddenly?
Depending on your location, you could receive water pressure between 40 to 140 psi.

Water pressure could have dropped for a variety of reasons. If your water pressure drops unexpectedly, please call Milpitas Public Works Department at (408) 586- 2600. You can also check for clogged strainers and proper operation of any pressure regulators (setting).

Strain large particles by pouring water through a couple of layers of paper towels or clean cloth. Purify the water by:
• Boiling. Bring to a rolling boil and maintain for 3-5 minutes. To improve the taste, pour it back and forth between two clean containers to add oxygen back into the water.
• Disinfecting. If the water is clear, add 8 drops of bleach per gallon of water. If it is cloudy, add 16 drops. Shake or stir, then let stand for 30 minutes. A slight chlorine taste and smell is to be expected.

What is the state of the drought and what is "Making Water Conservation A California Way of Life"?
On April 7, 2017, Governor Brown issued Executive Order B-40-17, terminating the January 17, 2014 drought State of Emergency for most counties in California.

The Order does however direct the Water Board to continue “Making Water Conversation a California Way of Life” and keep certain restrictions to prohibit wasteful practices. These restrictions along with additional water conservation measures set by the City include:
• Apply only as much water as your landscape needs to prevent water runoff onto streets and sidewalks.
• Wash vehicles with a hose that has a shut-off nozzle. • Use a broom to clean driveways and sidewalks.
• Recirculate potable water in fountains or decorative water features. • Do not water landscapes during or within 48 hours of measureable rainfall. • Restaurants to only serve drinking water upon request. • Guests of hotels and motels can choose not to have towels and linens laundered daily.
• Pools and spas must be covered when not in use to prevent evaporation.

Visit www.savewatermilpitas.org for water conservation tips and water use schedules.

Replace water at least once every six months. If you buy bottled “spring” or “drinking” water, keep it in its original container. Label bottles with their replacement date and store in a cool, dark place.

Frequently asked questions Susan
Customer Service
g g qy
at its Board of Directors meeting held the second
and fourth Tuesdays of each month at 1:15 pm,
375 Eleventh Street, 2nd Floor, Oakland.

Board of Directors
John A. Coleman • Andy Katz • Doug Linney
Lesa R. McIntosh • Frank Mellon
William B. Patterson • Marguerite Young
General Manager
Alexander R. Coate

ADDITIONAL CONTACTS
State Water Resources Control Board
Division of Drinking Water • 510-620-3463
U.S. Environmental Protection Agency
Safe Drinking Water Hotline • 800-426-4791
Alameda Public Health Department • 510-567-8000
Contra Costa Public Health Division • 925-313-6712
PUB. 144 3/17 2M 30% Post-consumer waste
Susan
Customer Service
at its Board of Directors meeting held the second
and fourth Tuesdays of each month at 1:15 pm,
375 Eleventh Street, 2nd Floor, Oakland.

Board of Directors
John A. Coleman • Andy Katz • Doug Linney
Lesa R. McIntosh • Frank Mellon
William B. Patterson • Marguerite Young
General Manager
Alexander R. Coate

ADDITIONAL CONTACTS
State Water Resources Control Board
Division of Drinking Water • 510-620-3463
U.S. Environmental Protection Agency
Safe Drinking Water Hotline • 800-426-4791
Alameda Public Health Department • 510-567-8000
Contra Costa Public Health Division • 925-313-6712
PUB. 144 3/17 2M 30% Post-consumer waste
Susan
Custom
at its Board of Directors meeting held the second
and fourth Tuesdays of each month at 1:15 pm,
375 Eleventh Street, 2nd Floor, Oakland.

Board of Directors
John A. Coleman • Andy Katz • Doug Linney
Lesa R. McIntosh • Frank Mellon
William B. Patterson • Marguerite Young
General Manager
Alexander R. Coate

ADDITIONAL CONTACTS
State Water Resources Control Board
Division of Drinking Water • 510-620-3463
U.S. Environmental Protection Agency
Safe Drinking Water Hotline • 800-426-4791
Alameda Public Health Department • 510-567-8000
Contra Costa Public Health Division • 925-313-6712
PUB. 144 3/17 2M 30% Post-consumer waste SFPUC
sfwater.org
More information
For more information about this report or the City’s water quality monitoring program, please contact:

City of Milpitas Public Works Department at
(408) 586-2600; [email protected]
National Public Works Day 2019
In Calendar Year 2019, your tap
water met all USEPA and State
drinking water health standards.

First, be assured the COVID-19 Virus is not impacting the safety of your drinking water supply, or our ability to supply water ot the City of Milpitas.

The World Health Organization has stated that the "presence of COVID-19 virus has not been detected in drinking-water supplies and based on our current evidence, the risk to water supplies is low". The City of Milpitas is continuing to monitor the COVID-19 emergency to ensure we continue our essential work in providing safe, clean water for our community.

COVID-19 and Drinking Water
169
Item # 12.

Our drinking water and how we protect it
The City of Milpitas draws water from two sources that
provide clean water to residents and businesses. The water is purchased from two separate wholesalers: treated
surface water from the San Francisco Public Utilities
Commission (SFPUC) and treated surface water from the
Santa Clara Valley Water District (SCVWD). In the event that water supply is interrupted from either SCVWD or SFPUC, the City has the option of utilizing its emergency supply to meet basic water needs for a short duration of time. In 2019, the City supplied an average of 7.1 million gallons of water per day to approximately 16,700 homes and businesses for indoor and outdoor use.

SFPUC Supply
SFPUC water is a combination of Hetch Hetchy water and treated local water. Most of SFPUC’s water is sourced from the Hetch Hetchy watershed located in the Sierra Nevada Mountains. This water is exempt from filtration requirements by the United States Environmental Protection Agency (USEPA) and State Water Resources Control Boards’ Division of Drinking Water (DDW), due to the protected Sierra spring snow melt water source. Local water is collected within the Alameda watershed at Calaveras Reservoir and San Antonio Reservoir. Local water is treated through filtration and disinfection at the Sunol Valley Water Treatment Plant.

SCVWD Supply
SCVWD water is sourced primarily from the Sacramento-San Joaquin Delta watershed via the South Bay Aqueduct, Dyer Reservoir, Lake Del Valle, and San Luis Reservoir. The water supply is supplemented by local water sources at Anderson and Calero Reservoirs. SCVWD water is treated through filtration and disinfection at Penitencia and Santa Teresa Water Treatment Plants.

Emergency Supplies
The City does not blend or combine SFPUC and SCVWD waters under normal operating conditions. However, the service areas can be interconnected to provide emergency water supply if needed. The City’s water system is also interconnected with the Alameda County Water District to the north and San Jose Water Company to the south. In the event that there is an emergency, either or both agencies can provide water to the City. SFPUC and SCVWD share an intertie that can supply water from one wholesaler to the other. The City can also provide temporary emergency water supply using Pinewood Well, located in the southwestern portion of the City.

Drinking Water Source Assessment Program
Drinking Water Source Assessment Programs evaluate the vulnerability of water sources to potential contamination. Both SFPUC and SCVWD have conducted drinking water source assessments for the City’s potable water supplies. The assessments are available for review at the State Water Resources Control Board (SWRCB) – Division of Drinking Water District Office. You may request that a summary of the assessments be sent to you by calling (510) 620-3474.

SFPUC conducts an annual watershed sanitary survey for the Hetch Hetchy source as well as five year sanitary surveys for local water sources.

These surveys evaluate the sanitary condition, water quality, potential contamination sources, and the results of watershed management activities.

The surveys were completed with support from partner agencies, including the National Park Service and US Forest Service. These surveys have identified wildlife, stock, and human activities as potential contamination sources.

SCVWD’s water sources are vulnerable to potential contamination from a variety of land use practices, such as agricultural and urban runoff, recreational activities, livestock grazing, and residential and industrial development.

The imported sources are also vulnerable to wastewater treatment plant discharges, seawater intrusion, and wild fires in open space areas. In addition, local sources are also vulnerable to potential contamination from commercial stables and historic mining practices. No contaminants associated with any of these activities have been detected in SCVWD’s treated water. The water treatment plants provide multiple barriers for physical removal and disinfection of contaminants.

To ensure that tap water is safe to drink, the United States Environmental Protection Agency (USEPA) and the State Water Resources Control Board (State Board) prescribe regulations that limit the amount of certain contaminants in water
provided by public water systems. The State Board regulations also establish limits for contaminants in bottled water that provide the same protection for public health.

The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs and wells. As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity. Contaminants that may be present in source water include:
• Microbial Contaminants, such as viruses and bacteria, that may come from sewage treatment plants, septic systems,
agricultural livestock operations, and wildlife.
• Inorganic Contaminants, such as salts and metals, that can be naturally-occurring or result from urban stormwater
runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming.
• Pesticides and Herbicides that may come from a variety of sources, such as agriculture, urban stormwater runoff, and residential uses.
• Organic Chemical Contaminants, including synthetic and volatile organic chemicals, that are by-products of industrial processes and petroleum production, and can also come
from gas stations, urban stormwater runoff, agricultural application, and septic systems.
• Radioactive Contaminants that can be naturally-occurring or be the result of oil and gas production and mining activities.

Contaminants and
Regulations
Maintaining water
quality
Hydrant and Water Main Flushing. Flushing of fire hydrants and water mains is performed to remove sediment and keep the distribution system refreshed by circulating water in pipes that would otherwise remain stagnant. As a result, residents in the immediate vicinity may experience temporary discoloration in their water. This discoloration does not affect the safety of the water. If you experience discoloration in your water after City crews have been flushing in your neighborhood, clear the water from your house plumbing by running water faucets for a few minutes prior to use.

Backflow Testing. A backflow preventer is a plumbing device that keeps the water supply safe by preventing water on private property from flowing back into the City’s distribution system.

Backflow devices are required to be tested annually to ensure they are working properly
Water Sampling. Sampling of the water system is performed in accordance to State and Federal rules and regulations. This requires purging of the water line for a sample to be lab tested.

See the third page of this CCR for water quality sampling results.

Littering is throwing it all away
Nearly 80 percent of the debris found in our watersheds, creeks, shorelines, and the South San Francisco Bay is washed, blown, or dumped by humans residing in the vicinity of the water shed.

One piece of litter can end up miles from where it was improperly discarded, polluting our water systems and causing a threat to wildlife. The primary sources of litter are: pedestrians, motorists, trucks with uncovered loads, household trash handling and its placement at the curb, loading docks, and demolition sites.

Because we live in a watershed, our community’s litter makes a very big impact. A watershed is a land area that drains water into a creek, river, lake, wetland, bay or groundwater aquifer. In the Santa Clara Valley, the water from rain and irrigation (called runoff) picks up litter and carries it directly into storm drains and creeks that flow to San Francisco Bay.

You Can Make a Difference
• Don’t litter, ever. Something as small as a cigarette butt thrown on a city street has long term adverse effects on the environment. • When you see litter, pick it up and dispose of it properly. • Secure and cover all truckloads of loose debris.
• Make sure your trash can lid is closed securely.
• Always bring a bag for trash when picnicking, hiking, or camping. • If you own a business, check your dumpster on a regular basis, keep it locked and protect it from illegal dumping.
• Report illegal dumping to the Milpitas Police Department at (408) 586-2400. For solid waste and street sweeping services, call Milpitas Sanitation at (408) 988-4500.
• Call the Santa Clara Countywide Recycling Hotline at (800) 533- 8414 or visit www.reducewaste.org to find out where to dispose of or donate large commercial items such as furniture, appliances, etc.

Recycled Water – providing drought-proof,
high quality water for our community
In 2019, irrigation and industrial customers in Milpitas used 300 million gallons of recycled water, thereby conserving an equal amount of potable drinking water. Recycled water from the San Jose/Santa Clara Water Pollution Control
Plant undergoes an extensive treatment process (including filtration and disinfection) and is delivered to landscape irrigation and industrial customers in Milpitas, San Jose, and Santa Clara. For more information pertaining to recycled water, visit www.sanjoseca.gov/sbwr.

Hetch Hetchy Reservoir
The City is dedicated to maintaining the water quality and protecting the water supply. The safegaurds include a combination of preventative and monitoring practices described below. 170
Item # 12.
°C Degrees Celsius
CU Color unitcysts/L Cysts per literDDW Division of Drinking Water NA Not applicableND Not detectedNS No standardNTU Nephelometric turbidity unitNL Notification Levelppt parts per trillion (ppb parts per billion (micrograms per liter)ppm parts per million (milligrams per liter)μS/cm microSiemens per centimeter % pos % positiveRAA Running annual averageSCVWD Santa Clara Valley Water DistrictSFPUC San Francisco Public Utilities Commission
TOC Total organic carbonTON Threshold odor numberUSEPA United States Environmental Protection Agency
Abbreviations
* Typical Sources In Drinking Water
1 Naturally present in the environment2 Soil runoff3 Erosion of natural deposits4 Residue from some surface water treatment processes
5 Water additive that promotes strong teeth6 Discharge from fertilizer and aluminum factories7 Runoff and leaching from fertilizer use8 Leaching from septic tanks and sewage9 By-product of drinking water disinfection10 Various natural and man-made sources11 Runoff from natural deposits 12 Leaching from natural deposits
13 Naturally-occurring organic materials14 Seawater influence15 Industrial wastes16 Substances that form ions when in water17 Internal corrosion of household plumbing systems18 Leaching from wood preservatives19 Discharges from industrial manufacturers20 Drinking water disinfectant added for treatment Water Quality Information
In 2019, The City of Milpitas collected over 2,000 drinking water samples to be analyzed by State-certified laboratories. The water supplied in Milpitas met all USEPA and State drinking water health standards in 2019, as shown in the adjacent table, which lists all drinking water constituents that were detected during the 2019 calendar year. A full list of tested constituents is available upon request. Unless otherwise noted, the data presented in this table reflects testing completed between January 1 and December 31, 2019.

Water Quality Data
Maximum Contaminant Level (MCL). The highest level of a contaminant that is allowed in drinking water. Primary MCLs are set as close to the PHGs (or MCLGs) as is economically and technologically feasible. Secondary MCLs are set to protect the odor, taste and appearance of drinking water. MCLs are established by USEPA and the State Board.Maximum Contaminant Level Goal (MCLG). The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs are set by the USEPA.Maximum Residual Disinfectant Level (MRDL). The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.Maximum Residual Disinfectant Level Goal (MRDLG). The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.Notification Level (NL). Health based advisory levels established by SWRCB for chemicals in drinking water that lack MCLs.Primary Drinking Water Standard (PDWS). MCLs and MRDLs for contaminants that affect health along with their monitoring and reporting requirements and water treatment requirements.Treatment Technique (TT). A required process intended to reduce the level of a contaminant in drinking water. Public Health Goal (PHG). The level of a contaminant in drinking water below which there is no known or expected risk to health. PHGs are set by the California Office of Environmental Health Hazard Assessment.Regulatory Action Level (AL). The concentration of a contaminant which, if exceeded, triggers treatment or other requirements that a water system must follow.Total Organic Carbon (TOC). TOC is precursor for disinfection byproduct formation.Turbidity. Turbidity is a measure of the cloudiness of the water, and is also used to indicate the effectiveness of the filtration system. High turbidity can hinder the effectiveness of disinfectants.UCMR. Unregulated Contaminant Monitoring Rule requires monitoring for contaminants not currently regulated. This monitoring provides a basis for future regulatory actions to protect public health.

Definitions of Key Terms
2019
Water Supply Map
The City serves SFPUC source water to the area south of Calaveras Blvd and east of I-680, as well as north of Calaveras Blvd and east of I-880. SCVWD service areas are west of I-880, as well as south of Calaveras Blvd and west of I-680. Refer to the Water Supply Map below to see where your water comes from.

PRIMARY DRINKING WATER STANDARDS (PUBLIC HEALTH RELATED STANDARDS)PARAMETER Unit MCL, (AL), or
[MRDL]
PHG,
(MCLG), or
[MRDLG]
Distribution System SCVWDb SFPUC Typical
Average Sources* Range Average Range Average Range
SOURCE WATER SAMPLINGINORGANIC CHEMICALSAluminum ppm 1 0.6 0.06 ND – 0.1 ND ND 3, 4 Bromate ppb 10 0.1 1.4 ND - 2.3 ND ND 9
Fluoride ppm 2 1 ND ND - 0.14 0.3 ND - 0.9 3, 5, 6
Nitrate (as Nitrogen) ppm 10 10 ND ND – 0.6 ND ND 3, 7, 8 Nitrate + Nitrite (as N) ppm 10 10 ND ND - 0.6 ND ND 3, 7, 8

DISINFECTION BYPRODUCT PRECURSOR
TOC (precursor control) ppm TT NA 2.3 1.6 - 3.2 2.1 1.6 - 2.6 10 MICROBIOLOGICALGiardia Lamblia cysts/L TT (0) ND ND - 0.1 0.03 0 – 0.09 1Turbidity NTU TTa NA 1 100% 1c 99 – 100%d 2

DISTRIBUTION SYSTEM SAMPLING
LEAD AND COPPER RULE (2019) - SAMPLES COLLECTED AT CUSTOMERS' TAPS 90th Percentile # of Samples Above AL Lead ppb (15) 0.2 1.7 0 out of 35 3, 17, 19Copper ppm (1.3) 0.3 0.044 0 out of 35 3, 17, 18 DISINFECTION RESIDUALS AND BYPRODUCTS Highest Location RAA Range Disinfectant Residual as Chlorine ppm [4] [4] 2.86 0.7 – 4.1 20Total Trihalomethanes ppb 80 NA 45.5 14 – 56 9Haloacetic Acids ppb 60 NA 41.8 8.4 – 47 9MICROBIOLOGICAL Average RangeTotal Coliform Bacteria % pos / month 5.0% (0) 0.09% 0 – 1.09% 1 SECONDARY DRINKING WATER STANDARDS (AESTHETIC STANDARDS)PARAMETER Unit MCL Average Range Average Range Average Range Sources* Aluminum ppb 200 NA NA 57 ND – 100 ND ND - 68 3, 4Chloride ppm 500 NA NA 49 20 - 86 8.7 <3 – 17 11, 12, 14Color CU 15 ND ND–15 ND ND <5 <5 – 10 13Odor — Threshold TON 3 ND ND 1 1 ND ND 13Specific Conductance µS/cm 1600 NA NA 407 241 - 557 158 32 - 234 14, 16 Sulfate ppm 500 NA NA 43 19 - 52 15 1- 29 11, 12, 15Total Dissolved Solids ppm 1000 NA NA 249 152– 328 76 <20 – 119 11, 12 UNREGULATED PARAMETERSUCMR 3 (2014-2015)PARAMETER Unit NL Average Range Average Range Average Range Chlorate ppb 800 120 68–190 123 72 – 290 52 51–180Boron ppb 1000 NA NA ND ND – 123 ND ND –203Molybdenum ppb NS 1.9 1.8–2.0 <1 ND – <1 NA NAStrontium ppb NS 151 14–290 ND ND 111 12 – 234Vanadium ppb 50 ND ND–4.5 ND ND – 4 NA NA UCMR 4 (2019-2020)PARAMETER Unit MRL Average Range
HAA5 ppb NA 30.1 14 - 47HAA6Br ppb NA 3.44 0.38 - 15HAA9 ppb NA 33.29 22 - 47Butylated Hydroxyanisole ppb 0.03 0.035 ND - 0.035Quinoline ppb 0.02 0.028 ND - 0.028Manganese ppb 0.4 6.4 1.8 - 17 OTHER WATER QUALITY PARAMETERSPARAMETER Unit ORL Average Range Average Range Average Range Boron ppb 1000 (NL) 139 ND - 161 ND ND - 107Bromide ppb NA 110 ND - 160 7 <5 - 27Calcium (as Ca) ppm NA 21 12 - 31 12 3.3 - 20Chlorate ppb 800 (NL) 132 40 - 210 84 40 - 220Chromium (VI) ppb NA ND ND 0.12 0.04 - 0.19Hardness (as Calcium Carbonate) ppm NA 97 53 - 148 47 8.9 - 77Magnesium ppm NA 12 7 - 17 4.2 <0.2 - 6.6pH – NA 7.9 7.7 – 8.0 9.3 8.8 - 10.1Potassium ppm NA 2.5 1.5 - 3.8 0.8 0.3 - 1.2Silica ppm NA 11 10 - 13 6.1 4.9 - 8Sodium ppm NA 44 24 - 67 14 2.8 – 21Strontium ppb NA ND ND 107 13 - 230Temperature °C NA 18 12 - 23 ND NDTotal Alkalinity (as Calcium Carbonate) ppm NA 78 49 - 111 46 3.5 - 97Vanadium ppb 50 (NL) ND ND - 3 ND ND Some data, although representative, were collected prior to 2019, as the State Board requires monitoring for some constituents less frequently. The concentrations of these constituents do not vary frequently or significantly. a. For unfiltered water, the MCL is 5.0 NTU. For filtered water, the MCL is ≤0.3 NTU 95% of the time.
b. Water system was fed by Santa Teresa and Penitencia Water Treatment Plants.c. Maximum value measured.d. Percent of time turbidity was maintained at or below 0.3 NTU.

NOTES
Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the USEPA Safe Drinking Water Hotline at (800) 426-4791. Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons, such as persons with cancer undergoing chemotherapy; persons who have undergone organ transplants; people with HIV/AIDS or other immune system disorders; some elderly; and infants can be particularly at risk from infections. These individuals should seek advice from their health care providers. USEPA/Centers for Disease Control guidelines on appropriate means to lessen the risk of infection by cryptosporidium and other microbial contaminants are available from the USEPA Safe Drinking Water Hotline at (800) 426-4791.

What else should I know?
LeadIf present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Infants and young children are typically more vulnerable to lead in drinking water than the general population. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. The City is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. It is possible that lead levels at your home may be higher than at other homes in the community as a result of materials used in your home’s plumbing. If you are concerned about elevated lead levels in your home’s water, you may wish to have your water tested by a laboratory and/or flush your tap. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you do so, you may wish to collect the flushed water and reuse it for another beneficial purpose, such as watering plants. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the USEPA Safe Drinking Water Hotline or at (800) 426-4791 or at epa.gov/lead.In 2018, the City of Milpitas, through a coordinated effort with the Milpitas Unified School District (MUSD) has completed lead sampling at fourteen (14) K-12 school sites, in compliance with Assembly Bill No. 746. Fluoride and Dental FluorosisMandated by State law, water fluoridation is a widely accepted practice proven to be safe and effective for preventing and controlling tooth decay. The fluoride target level in the water is 0.7 milligram per liter (mg/L, or part per million, ppm), consistent with the May 2015 State regulatory guidance on optimal fluoride level. Infants fed formula mixed with water containing fluoride at this level may still have a chance of developing tiny white lines or streaks in their teeth. These marks are referred to as mild to very mild fluorosis, and are often only visible under a microscope. Even in cases where the marks are visible, they do not pose any health risk. The Centers of Disease Control (CDC) considers it safe to use optimally fluoridated water for preparing infant formula. To lessen this chance of dental fluorosis, you may choose to use low-fluoride bottled water to prepare infant formula. Nevertheless, children may still develop dental fluorosis due to fluoride intake from other sources such as food, toothpaste and dental products.Contact your healthcare provider or SWRCB-DDW if you have concerns about dental fluorosis. For additional information about fluoridation or oral health, visit the SWRCB-DDW website www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/Fluoridation.shtml, or the CDC website www.cdc.gov/fluoridation.Disinfection with ChloramineBoth SFPUC and SCVWD waters are treated with chloramine to protect public health. Chloramine assists in destroying disease-causing organisms. Chloramine is considered safe for use as a water disinfectant. However, home dialysis patients and aquarium owners must take precautions before using the chloraminated water in kidney dialysis machines or aquariums. Dialysis patients should consult with their doctor or dialysis technician and aquarium owners should consult with their pet store.HardnessWater hardness is determined mainly by the presence of calcium and magnesium salts. Although hard water does not pose a health risk, it may be considered undesirable for other reasons. Some benefits of water softening are reductions in soap usage, longer life for water heaters and a decrease in encrustation of pipes; disadvantages are an increase in sodium intake, an increase in maintenance and servicing and potential adverse effects on salt-sensitive plants. To convert hardness from ppm to grains per gallon, divide by 17.1. A hardness scale is provided below for your reference.

CITY OF MILPITAS 2020
Water Quality Report
City Council meetings are typically held on the first and third Tuesday of every month at 7:00 pm in the City Hall Council Chambers located at 455 E. Calaveras Blvd. Prior to each meeting, Council meeting agendas can be found posted at City Hall and can also be downloaded from the City website: www.ci.milpitas.ca.gov. Council meetings will not take place in the month of July but will resume in the month of August.

Important contact information How to get involved
Division of Drinking Water
waterboards.ca.gov/drinking_
water/; (510) 620-3474
US EPA
water.epa.gov
(800) 426-4791
Department of
Water Resources
www.water.ca.gov
Bay Area Water Supply and
Conservation Agency
bawsca.org
American Water Works
Association
awwa.org or DrinkTap.org
Valley Water
valleywater.org
Resources
City of Milpitas
455 E Calaveras Blvd.

Milpitas, CA 95035
(408) 586-3000; TDD (408) 586-2643
www.ci.milpitas.ca.gov
Hours of operation
8 a.m. to 5 p.m., M–F
Water Emergencies
(408) 586-2600, Business Hours
(408) 586-2400, After Hours
Billing Questions
(408) 586-3100
Water Conservation Hotline
(408) 586-2666
Valley Water Pollution Hotline
(888) 510-5151 (24 Hours)
City of Milpitas
455 E. Calaveras Blvd.

Milpitas, CA 95035
www.ci.milpitas.ca.gov
City contacts
Why is my water brown or not clear?
Stagnant water sitting in aging plumbing may become brown. This should clear up once sitting water is flushed out from the pipes and replaced with fresh water. Brown water could also be from blocked or clogged sink fixture aerators. Aerators are located at the end of a fixture and can be removed and flushed to clear any debris. Once flushed, hand-tighten to reassemble.

Why has my water pressure dropped suddenly?
Depending on your location, you could receive water pressure between 40 to 140 psi. Water pressure could have dropped for a variety of reasons. If your water pressure drops unexpectedly, please call Milpitas Public Works Department at (408) 586-2600. You can also check for clogged strainers and proper operation of any pressure regulators.

Is there fluoride in the water?
The City receives fluoridated water from Valley Water and SFPUC.

SFPUC has been fluoridating water since 1995 while Valley Water began fluoridation in December of 2016.

How can I prepare for an emergency?
In a disaster or emergency situation, water supplies may be cut off or contaminated. Store enough water to supply everyone in your family for at least 3-5 days. For general drinking purposes, store one gallon of water per person per day and three gallons of water per person per day for limited cooking and personal hygiene use. If you store tap water, use food grade plastic containers. Replace water at least once every six months. If you buy bottled “spring” or “drinking” water, keep it in its original container. Label bottles with their replacement date and store in a cool, dark place.

What is "Making Water Conservation A Milpitas Way of Life"? The State directs cities to Make Water Conservation a California Way of Life and prohibits wasteful practices. As we continue to experience dry conditions this year, the City would like to encourage residents to conserve water. The State's water restrictions along with additional water conservation measures set by the City include:
• Apply only as much water as your landscape needs to prevent water runoff onto streets and sidewalks.
• Wash vehicles with a hose that has a shut-off nozzle. • Use a broom to clean driveways and sidewalks.
• Recirculate potable water in fountains or decorative water features. • Do not water landscapes during or within 48 hours of measureable rainfall. • Restaurants to only serve drinking water upon request. • Guests of hotels and motels can choose not to have towels and linens laundered daily.
• Pools and spas must be covered when not in use to prevent evaporation.

Visit www.savewatermilpitas.org for water conservation tips and water use schedules.

If it is cloudy, add 16 drops. Shake or stir, then let stand for 30 minutes. A slight chlorine taste and smell is to be expected.

Frequently asked questions
More information
For more information about this report or the City’s water quality monitoring program, please contact:

City of Milpitas Public Works Department at
(408) 586-2600; [email protected]
National Public Works Day 2019
The World Health Organization has stated that the "presence of COVID-19 virus has not been detected in drinking-water supplies and based on our current evidence, the risk to water supplies is low". The City of Milpitas continues to monitor the COVID-19 emergency to ensure we continue providing safe, clean water for our community.

COVID-19 and Drinking Water
This report contains important information about
your drinking water. Translate it, or speak with
someone who understands it.

Este informe contiene información muy importante
sobre su agua potable. Tradúzcalo o hable con
alguien que lo entienda bien.

HOW TO CONTACT EBMUD
For more information about water quality or to
report a water quality concern, call 866-403-2683
or visit www.ebmud.com/waterquality.

If you would like this report mailed to you, email
[email protected] or call 510-986-7555.

View this report online at www.ebmud.com/wqr.

EBMUD encourages public participation in decisions
aecting drinking water quality and other matters
at its Board of Directors meeting held the second
and fourth Tuesdays of each month at 1:15 pm,
375 Eleventh Street, 2nd Floor, Oakland.

Board of Directors
John A. Coleman • Andy Katz • Doug Linney
Lesa R. McIntosh • Frank Mellon
William B. Patterson • Marguerite Young
General Manager
Alexander R. Coate

ADDITIONAL CONTACTS
State Water Resources Control Board
Division of Drinking Water • 510-620-3463
U.S. Environmental Protection Agency
Safe Drinking Water Hotline • 800-426-4791
Alameda Public Health Department • 510-567-8000
Contra Costa Public Health Division • 925-313-6712
375 Eleventh Str
Oakland, CA 946
1-866-40-EBMU
www.ebmud.co
PUB. 144 3/17 2M 30% Post-co

HOW TO CONTACT EBMUD
For more information about water quality or to
report a water quality concern, call 866-403-2683
or visit www.ebmud.com/waterquality.

If you would like this report mailed to you, email
[email protected] or call 510-986-7555.

View this report online at www.ebmud.com/wqr.

Board of Directors
John A. Coleman • Andy Katz • Doug Linney
Lesa R. McIntosh • Frank Mellon
William B. Patterson • Marguerite Young
General Manager
Alexander R. Coate

ADDITIONAL CONTACTS
State Water Resources Control Board
Division of Drinking Water • 510-620-3463
U.S. Environmental Protection Agency
Safe Drinking Water Hotline • 800-426-4791
Alameda Public Health Department • 510-567-8000
Contra Costa Public Health Division • 925-313-6712
375 Eleventh Str
Oakland, CA 946
1-866-40-EBMU
www.ebmud.co
PUB. 144 3/17 2M 30% Post-co

HOW TO CONTACT EBMUD
For more information about water quality or to
report a water quality concern, call 866-403-2683
or visit www.ebmud.com/waterquality.

If you would like this report mailed to you, email
[email protected] or call 510-986-7555.

View this report online at www.ebmud.com/wqr.

Board of Directors
John A. Coleman • Andy Katz • Doug Linney
Lesa R. McIntosh • Frank Mellon
William B. Patterson • Marguerite Young
General Manager
Alexander R. Coate

ADDITIONAL CONTACTS
State Water Resources Control Board
Division of Drinking Water • 510-620-3463
U.S. Environmental Protection Agency
Safe Drinking Water Hotline • 800-426-4791
Alameda Public Health Department • 510-567-8000
Contra Costa Public Health Division • 925-313-6712
375 Eleventh Str
Oakland, CA 946
1-866-40-EBMU
www.ebmud.co
PUB. 144 3/17 2M 30% Post-co

HOW TO CONTACT EBMUD
For more information about water quality or to
report a water quality concern, call 866-403-2683
or visit www.ebmud.com/waterquality.

If you would like this report mailed to you, email
[email protected] or call 510-986-7555.

View this report online at www.ebmud.com/wqr.

Board of Directors
John A. Coleman • Andy Katz • Doug Linney
Lesa R. McIntosh • Frank Mellon
William B. Patterson • Marguerite Young
General Manager
Alexander R. Coate

ADDITIONAL CONTACTS
State Water Resources Control Board
Division of Drinking Water • 510-620-3463
U.S. Environmental Protection Agency
Safe Drinking Water Hotline • 800-426-4791
Alameda Public Health Department • 510-567-8000
Contra Costa Public Health Division • 925-313-6712
375 Eleventh Str
Oakland, CA 946
1-866-40-EBMU
www.ebmud.co
PUB. 144 3/17 2M 30% Post-co
Ito ay isang mahalagang impormasyon tungkol sa inyong
iniinom na tubig. Isaling-wika ito, o makipag-usap sa isang tao na naiintindihan ito.

Chi tiết này thật quan trọng. Xin nhờ người dịch cho quý vị. 此份有關你的食水報告內有重要資料和訊息請找他人
為你翻譯及解釋清楚。
The City of Milpitas is pleased to
report that in 2020, your drinking
water quality met or surpassed every
State and USEPA requirement that
safeguards public health.

SFPUC
sfwater.org
172
Item # 12.

Our drinking water and how we protect it
The City of Milpitas draws water from two sources that provide clean water to residents and businesses. The water is purchased from two separate wholesalers:
treated surface water from the San Francisco Public Utilities Commission (SFPUC) and treated surface water from the Valley Water (VW). In the event that water supply is interrupted from either VW or SFPUC, the City has the option of utilizing its emergency supply to meet basic water needs for a short duration of time. In 2020, the City supplied an average of 7.5 million gallons of water per day to approximately 16,800 homes and businesses for indoor and outdoor use.

Emergency Supplies
The City does not blend or combine Valley Water or SFPUC water under normal operating conditions. However, the service areas can be interconnected to provide emergency water supply if needed. The City’s water system is also interconnected with the Alameda County Water District to the north and San Jose Water Company to the south. In the event that there is an emergency, either or both agencies can provide water to the City. Valley Water and SFPUC share an intertie that can supply water from one wholesaler to the other. The City can also provide temporary emergency water supply using Pinewood Well, located in the southwestern portion of the City.

Drinking Water Source Assessment Program
Drinking Water Source Assessment Programs evaluate the vulnerability of water sources to potential contamination. Both Valley Water and SFPUC have conducted drinking water source assessments for the City’s potable water supplies. The assessments are available for review at the State Water Resources Control Board (SWRCB) – Division of Drinking Water District Office. You may request that a summary of the assessments be sent to you by calling (510) 620-3474.

SFPUC conducts an annual watershed sanitary survey for the Hetch Hetchy source as well as five year sanitary surveys for local water sources. These surveys evaluate the sanitary condition, water quality, potential contamination sources, and the results of watershed management activities. The surveys were completed with support from partner agencies, including the National Park Service and US Forest Service.

These surveys have identified wildlife, stock, and human activities as potential contamination sources.

Valley Water water sources are vulnerable to potential contamination from a variety of land use practices, such as agricultural and urban runoff, recreational activities, livestock grazing, and residential and industrial development. The imported sources are also vulnerable to wastewater treatment plant discharges, seawater intrusion, and wild fires in open space areas. In addition, local sources are also vulnerable to potential contamination from commercial stables and historic mining practices. No contaminants associated with any of these activities have been detected in Valley Water’s treated water. The water treatment plants provide multiple barriers for physical removal and disinfection of contaminants.

In order to ensure that tap water is safe to drink, the United States Environmental Protection Agency (USEPA) and the State Water Resources Control Board (SWRCB) prescribe regulations that limit the amount of certain contaminants in water
provided by public water systems. The State Board regulations also establish limits for contaminants in bottled water that provide the same protection for public health.

The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs and wells. As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity. Contaminants that may be present in source water include:
• Microbial Contaminants, such as viruses and bacteria, that may come from sewage treatment plants, septic systems,
agricultural livestock operations, and wildlife.
• Inorganic Contaminants, such as salts and metals, that can be naturally-occurring or result from urban stormwater
runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming.
• Pesticides and Herbicides, that may come from a variety of sources, such as agriculture, urban stormwater runoff, and residential uses.
• Organic Chemical Contaminants, including synthetic and volatile organic chemicals, that are by-products of industrial processes and petroleum production, and can also come
from gas stations, urban stormwater runoff, agricultural application, and septic systems.
• Radioactive Contaminants that can be naturally-occurring or be the result of oil and gas production and mining activities.

Backflow Testing. A backflow preventer is a plumbing device that keeps the water supply safe by preventing water on private property from flowing back into the City’s distribution system.

See the third page of this CCR for water quality sampling results.

You Can Make a Difference
• Don’t litter, ever. Something as small as a cigarette butt thrown on a city street has long term adverse effects on the environment. • When you see litter, pick it up and dispose of it properly. • Secure and cover all truckloads of loose debris.
• Make sure your trash can lid is closed securely.
• Always bring a bag for trash when picnicking, hiking, or camping. • If you own a business, check your dumpster on a regular basis, keep it locked and protect it from illegal dumping.
• Report illegal dumping to the Milpitas Police Department at (408) 586-2400. For solid waste and street sweeping services, call Milpitas Sanitation at (408) 988-4500.
• Call the Santa Clara Countywide Recycling Hotline at (800) 553- 8414 or visit www.reducewaste.org to find out where to dispose of or donate large commercial items such as furniture, appliances, etc.

Recycled Water – providing drought-proof,
high quality water for our community
In 2020, irrigation and industrial customers in Milpitas used 350 million gallons of recycled water, thereby conserving an equal amount of potable drinking water. Recycled water from the San Jose/Santa Clara Water Pollution Control
Plant undergoes an extensive treatment process (including filtration and disinfection) and is delivered to landscape irrigation and industrial customers in Milpitas, San Jose, and Santa Clara. For more information pertaining to recycled water, visit www.sanjoseca.gov/sbwr.

The City is dedicated to maintaining the water quality and protecting the water supply. The safegaurds include a combination of preventative and monitoring practices described below.

SFPUC Supply
SFPUC water is a combination of Hetch Hetchy water
and treated local water. Most of SFPUC’s water is sourced from the Hetch Hetchy watershed located in the Sierra
Nevada Mountains. This water is exempt from filtration
requirements by the United States Environmental
Protection Agency (USEPA) and State Water Resources
Control Boards’ Division of Drinking Water (DDW) due to the protected Sierra spring snow melt water source. Local water is collected within the Alameda watershed at Calaveras
Reservoir and San Antonio Reservoir. Local water is treated through filtration and disinfection at the Sunol Valley Water Treatment Plant.

Valley Water Supply
Valley Water water is sourced primarily from the
Sacramento-San Joaquin Delta watershed via the South
Bay Aqueduct, Dyer Reservoir, Lake Del Valle, and San
Luis Reservoir. The water supply is supplemented by local water sources at Anderson and Calero Reservoirs. Valley Water water is treated through filtration and disinfection at Penitencia and Santa Teresa Water Treatment Plants.

Hetch Hetchy Reservoir
173
Item # 12.
°C Degrees Celsius
CU Color unitcysts/L Cysts per literDDW Division of Drinking Water NA Not applicableND Not detectedNS No standardNTU Nephelometric turbidity unitNL Notification Levelppt parts per trillion (nanograms per liter)ppb parts per billion (micrograms per liter) % pos % positiveRAA Running annual averageVW Valley WaterSFPUC San Francisco Public Utilities Commission
TOC Total organic carbonTON Threshold odor numberUSEPA United States Environmental Protection Agency
μS/cm microSiemens per centimeterppm parts per million (milligrams per liter) Abbreviations
* Typical Sources In Drinking Water
1 Naturally present in the environment2 Soil runoff3 Erosion of natural deposits4 Residue from some surface water treatment processes
5 Water additive that promotes strong teeth6 Discharge from fertilizer and aluminum factories7 Runoff and leaching from fertilizer use8 Leaching from septic tanks and sewage9 By-product of drinking water disinfection10 Various natural and man-made sources11 Runoff from natural deposits 12 Leaching from natural deposits
13 Naturally-occurring organic materials14 Seawater influence15 Industrial wastes16 Substances that form ions when in water17 Internal corrosion of household plumbing systems18 Leaching from wood preservatives19 Discharges from industrial manufacturers20 Drinking water disinfectant added for treatment Water Quality Information
In 2020, The City of Milpitas collected over 2,000 drinking water samples to be analyzed by State-certified laboratories. The water supplied in Milpitas met all USEPA and State drinking water health standards in 2020, as shown in the adjacent table, which lists all drinking water constituents that were detected during the 2020 calendar year. A full list of tested constituents is available upon request. Unless otherwise noted, the data presented in this table reflects testing completed between January 1 and December 31, 2020.

Definitions of Key Terms
2020
Water Supply Map
The City serves SFPUC source water to the area south of Calaveras Blvd and east of I-680, as well as north of Calaveras Blvd and east of I-880. VW service areas are west of I-880, as well as south of Calaveras Blvd and west of I-680. Refer to the Water Supply Map below to see where your water comes from.

PRIMARY DRINKING WATER STANDARDS (PUBLIC HEALTH RELATED STANDARDS)PARAMETER Unit MCL, (AL), or
[MRDL]
PHG,
(MCLG), or
[MRDLG]
Distribution System Valley Waterb SFPUC Typical
Average Sources* Range Average Range Average Range
SOURCE WATER SAMPLINGTurbidity NTU TTa NA 1 100% 1c 99.8 – 100%d 2 INORGANIC CHEMICALSAluminum ppm 1 0.6 ND ND – 0.1 ND ND 3, 4 Bromate ppb 10 0.1 3.3 ND - 2.3 ND ND 9
Fluoride ppm 2 1 ND ND - 0.12 0.3 ND - 0.7 3, 5, 6
Nitrate (as Nitrogen) ppm 10 10 ND ND – 0.8 ND ND 3, 7, 8 Nitrate + Nitrite (as N) ppm 10 10 ND ND - 0.8 ND ND 3, 7, 8

DISINFECTION BYPRODUCT PRECURSOR
Total Oganic Carbon (precursor control) ppm TT NA 2.1 1.5 - 2.7 2.9 1.7 - 3.4 10 MICROBIOLOGICALGiardia Lamblia cysts/L TT (0) ND ND - 0.1 0.01 0 – 0.05 1InorganicsAsbestos MFL 7 7 1.6 1.6 ND ND

DISTRIBUTION SYSTEM SAMPLING
LEAD AND COPPER RULE (2019) - SAMPLES COLLECTED AT CUSTOMERS' TAPS 90th Percentile # of Samples Above AL Lead ppb (15) 0.2 1.7 0 out of 35 3, 17, 19Copper ppm (1.3) 0.3 0.044 0 out of 35 3, 17, 18 DISINFECTION RESIDUALS AND BYPRODUCTS Highest Location RAA Range Disinfectant Residual as Chlorine ppm [4] [4] 2.75 2.57 - 2.81 20Total Trihalomethanes ppb 80 NA 41.3 18 – 50 9Haloacetic Acids ppb 60 NA 47.5 5.1 – 32 9MICROBIOLOGICAL Average RangeTotal Coliform Bacteria % pos / month 5.0% (0) 0.0% 0.0% 1 SECONDARY DRINKING WATER STANDARDS (AESTHETIC STANDARDS)PARAMETER Unit MCL Average Range Average Range Average Range Sources* Aluminum ppb 200 NA NA ND ND – 51 ND ND 3, 4Chloride ppm 500 NA NA 61.5 51 - 71 8.7 <3 – 15 11, 12, 14 Color CU 15 ND ND–15 ND ND ND ND 13Odor — Threshold TON 3 ND ND 1 1 ND ND 13Specific Conductance µS/cm 1600 NA NA 484 385 - 532 160 30 - 260 14, 16 Sulfate ppm 500 NA NA 54 31 - 67 17 1 - 34 11, 12, 15Total Dissolved Solids ppm 1000 NA NA 249 152– 328 72 <20 – 137 11, 12Turbidity NTU 5 NA NA 0.035 0 - 0.2 ND ND - 0.2 UNREGULATED PARAMETERSUCMR 3 (2014-2015)PARAMETER Unit NL Average Range Average Range Average Range Chlorate ppb 800 120 68–190 123 72 – 290 52 51–180Boron ppb 1000 NA NA ND ND – 123 ND ND –203Molybdenum ppb NS 1.9 1.8–2.0 <1 ND – <1 NA NAStrontium ppb NS 151 14–290 ND ND 111 12 – 234Vanadium ppb 50 ND ND–4.5 ND ND – 4 NA NA UCMR 4 (2019-2020)PARAMETER Unit MRL Average Range
HAA5 ppb NA 30.1 14 - 47HAA6Br ppb NA 3.44 0.38 - 15HAA9 ppb NA 33.29 22 - 47Butylated Hydroxyanisole ppb 0.03 0.035 ND - 0.035Quinoline ppb 0.02 0.028 ND - 0.028Manganese ppb 0.4 6.4 1.8 - 17 OTHER WATER QUALITY PARAMETERSPARAMETER Unit ORL Average Range Average Range Average Range Boron ppb 1000 (NL) 132 ND - 198 ND NDBromide ppb NA ND ND - 140 ND NDCalcium (as Ca) ppm NA 21 17 - 24 12 2.9 - 22Chlorate ppb 800 (NL) 213 53 - 476 240 67 - 480Chromium (VI) ppb NA ND ND ND NDHardness (as Calcium Carbonate) ppm NA 101 84 - 118 45 8.0 - 79Magnesium ppm NA 12 10 - 14 4.0 0.2 - 6.8Molybdenum ppb NA 2.1 1.4 - 2.1 ND NDpH – NA 7.9 7.6 – 8.1 9.3 8.6 - 9.8Potassium ppm NA 2.9 2.4 - 3.2 0.8 0.3 - 1.3Silica ppm NA 11.5 8 - 15 4.8 2.8 - 7Sodium ppm NA 52.5 43-59 14 2.4 – 22Strontium ppb NA ND ND 110 14 - 242Temperature °C NA ND ND ND NDTotal Alkalinity (as Calcium Carbonate) ppm NA 76 70 - 103 55 6.7 - 138Vanadium ppb 50 (NL) ND ND - 4 ND ND Some data, although representative, were collected prior to 2020, as the State Board requires monitoring for some constituents less frequently. The concentrations of these constituents do not vary frequently or significantly. a. For unfiltered water, the MCL is 5.0 NTU. For filtered water, the MCL is ≤0.3 NTU 95% of the time.b. Water system was fed by Santa Teresa and Penitencia Water Treatment Plants.c. Maximum value measured.d. Percent of time turbidity was maintained at or below 0.3 NTU.

What else should I know?
LeadIf present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Infants and young children are typically more vulnerable to lead in drinking water than the general population. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. The City is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. It is possible that lead levels at your home may be higher than at other homes in the community as a result of materials used in your home’s plumbing. If you are concerned about elevated lead levels in your home’s water, you may wish to have your water tested by a laboratory and/or flush your tap. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you do so, you may wish to collect the flushed water and reuse it for another beneficial purpose, such as watering plants. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the USEPA Safe Drinking Water Hotline or at 1 (800) 426-4791 or at epa.gov/lead.In 2018, the City of Milpitas, through a coordinated effort with the Milpitas Unified School District (MUSD) has completed lead sampling at fourteen (14) K-12 school sites, in compliance with Assembly Bill No. 746. Fluoride and Dental FluorosisMandated by State law, water fluoridation is a widely accepted practice proven to be safe and effective for preventing and controlling tooth decay. The fluoride target level in the water is 0.7 milligram per liter (mg/L, or part per million, ppm), consistent with the May 2015 State regulatory guidance on optimal fluoride level. Infants fed formula mixed with water containing fluoride at this level may still have a chance of developing tiny white lines or streaks in their teeth. These marks are referred to as mild to very mild fluorosis, and are often only visible under a microscope. Even in cases where the marks are visible, they do not pose any health risk. The Centers of Disease Control (CDC) considers it safe to use optimally fluoridated water for preparing infant formula. To lessen this chance of dental fluorosis, you may choose to use low-fluoride bottled water to prepare infant formula. Nevertheless, children may still develop dental fluorosis due to fluoride intake from other sources such as food, toothpaste and dental products.Contact your healthcare provider or SWRCB-DDW if you have concerns about dental fluorosis. For additional information about fluoridation or oral health, visit the SWRCB-DDW website www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/Fluoridation.shtml, or the CDC website www.cdc.gov/fluoridation.Disinfection with ChloramineThe water from both SFPUC and Valley Water is treated with chloramine to protect public health. Chloramine assists in destroying disease-causing organisms. Chloramine is considered safe for use as a water disinfectant. However, home dialysis patients and aquarium owners must take precautions before using the chloraminated water in kidney dialysis machines or aquariums. Dialysis patients should consult with their doctor or dialysis technician and aquarium owners should consult with their pet store.HardnessWater hardness is determined mainly by the presence of calcium and magnesium salts. Although hard water does not pose a health risk, it may be considered undesirable for other reasons. Some benefits of water softening are reductions in soap usage, longer life for water heaters and a decrease in encrustation of pipes; disadvantages are an increase in sodium intake, an increase in maintenance and servicing and potential adverse effects on saltsensitive plants. To convert hardness from ppm to grains per gallon, divide by 17.1. A hardness scale is provided below for your reference.

City of Milpitas
455 E. Calaveras Blvd. Milpitas, CA 95035
https://www.milpitas.gov

CITY OF MILPITAS
Water Quality Report
In Calendar Year 2021, your tap water met all USEPA and State drinking water health standards. We vigilantly safeguard our water supplies, and once again, we are proud to report that our system had no water quality standard violations.

Frequently Asked Questions 2021
Why is my water brown or not clear?
Stagnant water sitting in aging plumbing may become brown. This should clear up once sitting water is flushed out from the pipes and replaced with fresh water. Brown water could also be from blocked or clogged sink fixture aerators. Aerators are located at the end of a fixture and can be removed and flushed to clear any debris. Once flushed, hand-tighten to reassemble.

Is there fluoride in the water?
The City receives fluoridated water from SFPUC and Valley Water.

SFPUC has been fluoridating water since 1995 while Valley Water began fluoridation in December of 2016.

Why has my water pressure dropped suddenly?
Depending on your location, you could receive water pressure between 40 to 140 psi. Water pressure could have dropped for a variety of reasons. If your water pressure drops unexpectedly please call Milpitas Public Works Dept at (408) 586-2600. You can also check for clogged strainers and proper operation of any pressure regulators.

How can I treat my drinking water after a disaster?
If you run out of stored drinking water, strain and treat water from your water heater or toilet reservoir tank (except if you use toilet tank cleaners.) You cannot drink swimming pool or spa water, but it can be used for flushing toilets or washing. • Strain large particles by pouring water through a couple of layers of paper towels or clean cloth. Purify the water by:
• Boiling. Bring to a rolling boil and maintain for 3-5 minutes. To improve the taste, pour it back and forth between two clean containers to add oxygen back into the water.
• Disinfecting. If the water is clear, add 8 drops of bleach per gallon of water. If it is cloudy, add 16 drops. Shake or stir, then let stand for 30 minutes. A slight chlorine taste and smell is to be expected.

How can I prepare for an emergency?
In a disaster or emergency situation, water supplies may be cut off or contaminated.

Store enough water to supply everyone in your family for at least 3-5 days. For general drinking purposes, store one gallon of water, per person, per day, and three gallons of water, per person, per day for limited cooking and personal hygiene use.

If you store tap water, use food grade plastic containers. Replace water at least once every six months. If you buy bottled “spring” or “drinking” water, keep it in its original container. Label bottles with their replacement date and store in a cool, dark place. 175
Item # 12.
1 This report contains important information about your drinking water.

Translate it, or speak with someone who understands it.

If necessary, please call 408-586-2600 to have the report translated.

Este informe contiene información muy importante sobre su agua potable.

Tradúzcalo o hable con alguien que lo entienda bien.

Si es necesario, llame al 408-586-2600 si necesita el informe traducido.

Ang pag-uulat na ito ay naglalaman ng mahalagang
impormasyon tungkol sa inyong inuming tubig.

Isaling-wika ito, o makipag-usap sa isang tao na naiintindihan ito.

Kung kinakailangan, mangyaring tumawag sa 408-586-2600
upang maisalin ang ulat.

Báo cáo này chứa thông tin quan trọng về nước uống của quý vị.

Xin nhờ người dịch cho quý vị.

Nếu cần, xin gọi số 408-586-2600 để được phiên dịch bản báo cáo.

The World Health Organization has stated that the "presence of COVID-19 virus has not been detected in drinking-water supplies and based on our current evidence, the risk to water supplies is low". The City of Milpitas continues to monitor the COVID-19 emergency to ensure we continue providing safe, clean water for our community.

COVID-19 and Drinking Water
Division of Drinking Water
https://www.waterboards.ca.gov/drinking_water/; (510) 620-3474 US EPA
https://www.epa.gov; (800) 426-4791
Department of Water Resources
https://www.water.ca.gov
Bay Area Water Supply and Conservation Agency
https://www.bawsca.org
American Water Works Association
https://www.awwa.org or https://www.DrinkTap.org
Valley Water
https://www.valleywater.org
Resources
More information
For more information about this report or the City’s water quality monitoring program, please contact:

City of Milpitas Public Works Department at
(408) 586-2600; [email protected]
इस रिपोर्ट में महत्वपूर्ण जानकारी है l
इसका अनुवाद करें, या उस व्यक्ति से बात करें जो इसे समझता है l यदि आवश्यक हो, तो रिपोर्ट का अनुवाद करने के लिए कृपया 408-586-2600 पर कॉल करें।
이 보고서는 당신의 식수와 관련된 중요한 정보를 포함하고 있으니
번역하시거나 보고서의 내용을 이해할 수 있는 분과 이야기 하시기
바랍니다. 필요한 경우 408-586-2600으로 전화하여 보고서 번역을
요청하십시오.
由于此报告书包含着有关饮用水的重要信息,
因此希望各位跟能够翻译或理解报告书内容的人对话。
如有必要，请致电 408-586-2600 翻译报告。
Our Drinking Water and How We Protect It
The City of Milpitas draws water from
two sources that provide clean water
to residents and businesses. The
water is purchased from two separate
wholesalers: treated surface water
from the San Francisco Public
Utilities Commission (SFPUC) and
treated surface water from the Valley
Water. In the event that water supply
is interrupted from either Valley Water
or SFPUC, the City has the option of
utilizing its emergency supply to meet
basic water needs for a short duration
of time. In 2021, the City supplied
an average of 7.0 million gallons of
water per day to approximately 16,000
homes and businesses for indoor and
outdoor use.

SFPUC Supply
SFPUC water is a combination of Hetch Hetchy water and treated local water.

Most of SFPUC’s water is sourced from the Hetch Hetchy watershed located in the Sierra Nevada Mountains. This water is exempt from filtration requirements by the United States Environmental Protection agency (USEPA) and State Water Resources Control Boards’ Division of Drinking Water (DDW) due to the protected Sierra spring snow melt water source. Local water is collected within the Alameda watershed at Calaveras Reservoir and San Antonio Reservoir.

Local water is treated through filtration and disinfection at the Sunol Valley Water Treatment Plant.

Valley Water Supply
Valley Water water is sourced primarily from the Sacramento-San Joaquin Delta watershed via the South Bay Aqueduct, Dyer Reservoir, Lake Del Valle, and San Luis Reservoir. The water supply is supplemented by local water sources at Anderson and Calero Reservoirs. Valley Water water is treated through filtration and disinfection at Penitencia and Santa Teresa Water Treatment Plants.

Emergency Supplies
The City does not blend or combine SFPUC and Valley Water waters under normal operating conditions. However, the service areas can be interconnected to provide emergency water supply if needed. The City’s water system is also interconnected with the Alameda County Water District to the north and San Jose Water Company to the south. In the event that there is an emergency, either or both agencies can provide water to the City. SFPUC and Valley Water share an intertie that can supply water from one wholesaler to the other. The City can also provide temporary emergency water supply using Pinewood Well, located in the southwestern portion of the City.
176
Item # 12.

In order to ensure that tap water is safe to drink, the United States Environmental Protection Agency (USEPA) and the State Water Resources Control Board (SWRCB) prescribe regulations that limit the amount of certain contaminants in water provided by public water systems. The State Board regulations also establish limits for contaminants in bottled water that provide the same protection for public health.

The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs and wells. As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity. Contaminants that may be present in source water include:
• Microbial Contaminants such as viruses and bacteria, that may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife.
• Inorganic Contaminants such as salts and metals, that can be naturally-occurring or result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming.
• Pesticides and Herbicides that may come from a variety of sources, such as agriculture, urban stormwater runoff, and residential uses. • Organic Chemical Contaminants including synthetic and volatile organic chemicals, that are by-products of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, agricultural application, and septic systems. • Radioactive Contaminants that can be naturally-occurring or be the result of oil and gas production and mining activities.

Contaminants & Regulations Maintaining Water Quality
The City is dedicated to maintaining the water quality and protecting the water supply. The safegaurds include a
combination of preventative and monitoring practices
described below.

Hydrant and Water Main Flushing: Flushing of fire
hydrants and water mains is performed to remove sediment and keep the distribution system refreshed by circulating water in pipes that would otherwise remain stagnant. As a result, residents in the immediate vicinity may experience temporary discoloration in their water. This discoloration does not affect the safety of the water. If you experience discoloration in your water after City crews have been
flushing in your neighborhood, clear the water from your house plumbing by running water faucets for a few minutes prior to use.

Backflow Testing: A backflow preventer is a plumbing
device that keeps the water supply safe by preventing
water on private property from flowing back into the City’s distribution system. Backflow devices are required to be tested annually to ensure they are working properly.

Water Sampling: Sampling of the water system is performed in accordance to State and Federal rules and regulations.

This requires purging of the water line for a sample to be lab tested. See page 6 through 7 of this CCR for water quality sampling results.

Littering is Throwing It All Away
Nearly 80 percent of the debris found in our watersheds, creeks, shorelines, and the South San Francisco Bay is washed, blown or dumped by humans residing in the vicinity of the water shed. One piece of litter can end up miles from where it was improperly discarded, polluting our water systems and causing a threat to wildlife. The primary sources of litter are: pedestrians, motorists, trucks with uncovered loads, household trash handling and its placement at the curb, loading docks, and demolition sites. 3 Because we live in a watershed, our community’s litter makes a very big impact. A watershed is a land area that drains water into a creek, river, lake, wetland, bay or groundwater aquifer.

In the Santa Clara Valley, the water from rain and irrigation (called runoff) picks up litter and carries it directly into storm drains and creeks that flow to San Francisco Bay.

You Can Make a Difference
• When you see litter, pick it up and dispose of it properly • Make sure your trash can lid is closed securely
• Always bring a bag for trash when hiking, camping, picnicking, or visiting communal park spaces
• If you own a business, check your dumpster on a regular basis, keep it locked, and protect it from illegal dumping
•
• Contact the Santa Clara County Recycling Hotline with any recyclingbased questions that you may have. They can be reached by calling (800) 533-8414 or through their website at https://www.recyclestuff.org • Dispose of your hazardous waste properly through Santa Clara County’s HHW program. Make an appointment by calling (408) 299-7300 or on their website at https://hhw.sccgov.org/home
• For solid waste and street sweeping services, call Milpitas Sanitation at (408) 988-4500
Report illegal dumping to our Public Works Department
using the My Milpitas App.

Recycled Water – Providing
Drought-proof, High Quality Water For Our Community
In 2021, irrigation and industrial customers in
Milpitas used 335 million gallons of recycled
water, thereby conserving an equal amount of
potable drinking water. Recycled water from
the San Jose/Santa Clara Water Pollution
Control Plant undergoes an extensive
treatment process (including filtration and
disinfection) and is delivered to landscape
irrigation and industrial customers in Milpitas,
San Jose, and Santa Clara. For more
information pertaining to recycled water, visit
https://www.sanjoseca.gov/sbwr.

Drinking Water Source Assessment Program
Drinking Water Source Assessment Programs evaluate the vulnerability of water sources to potential contamination. Both SFPUC and Valley Water have conducted drinking water source assessments for the City’s potable water supplies. The assessments are available for review at the State Water Resources Control Board (SWRCB) – Division of Drinking Water District Office. You may request that a summary of the assessments be sent to you by calling (510) 620-3474.

SFPUC conducts an annual watershed sanitary survey for the Hetch Hetchy source as well as five year sanitary surveys for local water sources. These surveys evaluate the sanitary condition, water quality, potential contamination sources, and the results of watershed management activities. The surveys were completed with support from partner agencies including the National Park Service and US Forest Service. These surveys have identified wildlife, stock, and human activities as potential contamination sources.

Governor Newsom declared a Statewide Drought Emergency and set a 15% water use reduction goal. To align with the State, the Milpitas City Council has declared a Level 2 Drought Emergency and has implemented water waste restrictions including the following:
• Only water outdoors on the three designated days listed in the watering schedule below:
o Odd number addresses: Monday, Thursday & Saturday
o Even number addresses: Tuesday, Friday & Sunday
o Without Street Number: Monday, Thursday & Sunday
• If using sprinkler systems, watering is only allowed before 9 am and after 6 pm. • Don’t let water run into streets or gutters. Watering that results in flooding or runoff in gutters, sidewalks, driveways, or streets is prohibited. • Always use a hose with a nozzle that shuts off automatically when the handle is released for watering landscapes and washing vehicles.
• Fix leaks as soon as possible. Do not use broken or defective plumbing, sprinkler, watering, or irrigation systems.

What is the current state of drought in Milpitas?
The City of Milpitas and Valley Water are offering resources and rebate programs to help residents and businesses save water, including rebates for rainwater capture systems, graywater laundry-to-landscape systems,
drought tolerant landscape conversions, and
more! Visit https://savewatermilpitas.org/
for additional information and access to all
available rebate programs.

Register for the City’s new WaterSmart Portal
to see view your near real-time water use from
your smart meter, get leak alerts, and tips
on how you can save water at home. Go to
https://milpitas.watersmart.com/index.php/
welcome
Download the My Milpitas
App on your mobile phone
via the Apple and Google Play
store. For more information
regarding the My Milpitas
App, visit our webpage at
https://www.milpitas.gov/
milpitasapp/
To learn more about Water Conservation or to
report Water Waste Violations,
call 408-586-2666 or report online using the My
Milpitas App
177
Item # 12.

SOURCE WATER SAMPLING

INORGANIC CHEMICALS
Aluminum ppm 1 0.6 ND ND ND ND 3, 4
Bromate ppb 10 0.1 2.45 ND - 6 2.1c ND - 1.9 9
Fluoride ppm 2 1 ND ND - 0.13 0.4 ND - 0.8 3, 5, 6
Nitrate (as Nitrogen) ppm 10 10 ND ND - 1.0 ND ND 3, 7, 8 Nitrate + Nitrite (as N) ppm 10 10 ND ND - 1.0 ND ND 3, 7, 8

DISINFECTION BYPRODUCT PRECURSOR
TOC (precursor control) ppm TT NA 2.5 1.7 - 3.8 1.8 1.2 - 2.2 10

MICROBIOLOGICAL
Giardia Lamblia cysts/L TT (0) ND ND - 0.1 0.01 0 - 0.04 1 Turbidity NTU TTa NA 0.28 100% 0.4c 99.8-
100%d
2 .

How to Read the Water Quality Table
Go to Column I on the Water Quality Tables to find the parameter you are interested in. I This column lists the public health goal. At that amount or lower, there is no known or expected risk to health from that contaminant’s presence in drinking water.* III
This column lists the highest amount of each parameter that the State Water Board or the USEPA allows.

IV
II
Find the column that corresponds to the source water that primarily serves you. Both the average and range of each parameter detected is listed for each water source.*
This column indicates how each parameter typically gets into your drinking water.* 4 V
Definitions of Key Terms
Maximum Contaminant Level (MCL): The highest level of a contaminant that is allowed in drinking water. Primary MCLs are set as close to the PHGs (or MCLGs) as is economically and technologically feasible. Secondary MCLs are set to protect the odor, taste and appearance of drinking water. MCLs are established by USEPA and the State Board.

Maximum Contaminant Level Goal (MCLG): The level of a
contaminant in drinking water below which there is no known or expected risk to health. MCLGs are set by the USEPA.

Maximum Residual Disinfectant Level (MRDL): The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.

Maximum Residual Disinfectant Level Goal (MRDLG): The
level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.

Notification Level (NL): Health based advisory levels established by SWRCB for chemicals in drinking water that lack MCLs.

Primary Drinking Water Standard (PDWS): MCLs and MRDLs
for contaminants that affect health along with their monitoring and reporting requirements and water treatment requirements.

Treatment Technique (TT): A required process intended to reduce the level of a contaminant in drinking water.

Public Health Goal (PHG): The level of a contaminant in drinking water below which there is no known or expected risk to health.

PHGs are set by the California Office of Environmental Health Hazard Assessment.

Regulatory Action Level (AL): The concentration of a contaminant which, if exceeded, triggers treatment or other requirements that a water system must follow.

Total Organic Carbon (TOC): TOC is precursor for disinfection byproduct formation.

Turbidity: Turbidity is a measure of the cloudiness of the water, and is also used to indicate the effectiveness of the filtration system. High turbidity can hinder the effectiveness of disinfectants.

UCMR:Unregulated Contaminant Monitoring Rule requires monitoring for contaminants not currently regulated. This monitoring provides a basis for future regulatory actions to protect public health.

I II III IV IV V
*For typical sources of chemical constituents, abbreviations, and the Water Supply Map, see page 5 of this CCR. 2021
5 Water Supply Map
The City serves SFPUC source water to the
area south of Calaveras Blvd and east of
I-680, as well as north of Calaveras Blvd
and east of I-880. Valley Water service
areas are west of I-880, as well as south
of Calaveras Blvd and west of I-680. Refer
to the Water Supply Map to the left to see
where your water comes from.

Typical Sources of Chemical Constituents
°C Degrees Celsius
CCR Consumer Confidence Report
CU Color unit
cysts/L Cysts per liter
DDW Division of Drinking Water
NA Not applicable
ND Not detected
NS No standard
NTU Nephelometric turbidity unit
NL Notification Level
ORL Other Regulatory Level
pCi/L picocurie per liter
ppt parts per trillion
ppb parts per billion (micrograms per liter)
ppm parts per million (milligrams per liter)\
μS/cm microSiemens per centimeter
% pos % positive
RAA Running annual average
SFPUC San Francisco Public Utilities Commission
TOC Total organic carbon
TON Threshold odor number
USEPA United States Environmental Protection Agency
1 Naturally present in the environment
2 Soil runoff
3 Erosion of natural deposits
4 Residue from some surface water treatment processes
5 Water additive that promotes strong teeth
6 Discharge from fertilizer and aluminum factories
7 Runoff and leaching from fertilizer use
8 Leaching from septic tanks and sewage
9 By-product of drinking water disinfection
10 Various natural and man-made sources
11 Runoff from natural deposits
12 Leaching from natural deposits
13 Naturally-occurring organic materials
14 Seawater influence
15 Industrial wastes
16 Substances that form ions when in water
17 Internal corrosion of household plumbing systems
18 Leaching from wood preservatives
19 Discharges from industrial manufacturers
20 Drinking water disinfectant added for treatment
Abbreviations
Data Annotations
178
Item # 12.
6 PRIMARY DRINKING WATER STANDARDS (PUBLIC HEALTH RELATED STANDARDS) PARAMETER Unit MCL,
(AL), or
[MRDL]
PHG,
(MCLG),
or
[MRDLG]
Distribution
System
Valley Waterb SFPUC Typical
Average Range Average Range Average Range Sources*

SOURCE WATER SAMPLING

INORGANIC CHEMICALS
Aluminum ppm 1 0.6 ND ND ND ND 3, 4
Bromate ppb 10 0.1 2.45 ND - 6 ND ND 9
Fluoride ppm 2 1 ND ND - 0.13 0.4 ND - 0.8 3, 5, 6
Nitrate (as Nitrogen) ppm 10 10 ND ND - 1.0 ND ND 3, 7, 8 Nitrate + Nitrite (as N) ppm 10 10 ND ND - 1.0 ND ND 3, 7, 8

DISINFECTION BYPRODUCT PRECURSOR
TOC (precursor control) ppm TT NA 2.5 1.7 - 3.8 1.8 1.2 - 2.2 10

MICROBIOLOGICAL
Giardia Lamblia cysts/L TT (0) ND ND - 0.1 0.01 0 - 0.04 1 Turbidity NTU TTa NA 0.28 100% 0.4c 99.8-100%d 2

RADIOACTIVE CONTAMINANTS
Uranium pCi/L 20 0.43 1e 1e ND ND 3

DISTRIBUTION SYSTEM SAMPLING

LEAD AND COPPER RULE STUDY
(MILPITAS 2019 AT-THE-TAP SAMPLING)
90th Percentile # of Samples Above AL
Lead ppb (15) 0.2 1.7 0 out of 35 3, 17, 19
Copper ppm (1.3) 0.3 0.044 0 out of 35 3, 17, 18
DISINFECTION RESIDUALS AND BYPRODUCTS Highest Location RAA Range Disinfectant Residual as Chlorine ppm [4] [4] 2.77 2.37-2.91 20 Total Trihalomethanes ppb 80 NA 49.3 15–60 9
Haloacetic Acids (HAA5) ppb 60 NA 33.3 9–63 9
MICROBIOLOGICAL Average Range
Total Coliform Bacteria % pos / month 5.0% (0) 0% 0% 1

SECONDARY DRINKING WATER STANDARDS (AESTHETIC STANDARDS) PARAMETER Unit MCL Average Range Average Range Average Range Sources* Aluminum ppb 200 ND ND ND ND 3, 4
Chloride ppm 500 100.5 86 - 122 6.7 <3 - 11 11, 12, 14
Color CU 15 ND ND ND ND 13
Odor — Threshold TON 3 1 1 ND ND 13
Specific Conductance µS/cm 1600 673 586 - 784 135 34 - 217 14, 16 Sulfate ppm 500 73 59 - 95 13 1.1 - 29 11, 12, 15
Total Dissolved Solids ppm 1000 390.5 330 - 459 52 <20 - 96 11, 12 Turbidity NTU 5 ND ND - 0.28 ND ND - 0.2 2
I
Notes a. For unfiltered water, the MCL is 5.0 NTU. For filtered water, the MCL is ≤0.3 NTU 95% of the time.
b. Water system was fed by Santa Teresa and Penitencia
Water Treatment Plants.
c. Maximum value measured.
d. Percent of time turbidity was maintained at or below 0.3 NTU. e. Radioactive monitoring is conducted every nine years. Uranium was detected in San Luis Reservoir in 2013

II III IV IV V
UNREGULATED PARAMETERS FOR UCMR 4 (YEAR 2019-2020)
PARAMETER Unit NL Average Range
Haloacetic Acids (HAA5) ppb NA 30.1 14 - 47
HAA6Br ppb NA 3.44 0.38 - 15
HAA9 ppb NA 33.29 22 - 47
Butylated Hydroxyanisole ppb 0.03 0.035 ND - 0.035
Quinoline ppb 0.02 0.028 ND - 0.028
Manganese ppb 0.4 6.4 1.8 - 17

OTHER WATER QUALITY PARAMETERS
PARAMETER Unit ORL Average Range Average Range Average Range Boron ppb 1000 (NL) 201 171 - 285 ND ND - 123
Bromide ppb NA 187.5 120 - 240 ND ND
Calcium (as Ca) ppm NA 24.5 20 - 28 9.5 3 - 17
Chlorate ppb 800 (NL) 154.5 109 - 238 162 28 - 420
Hardness (as Calcium Carbonate) ppm NA 124.5 98 - 140 34 7.7 - 60 Magnesium ppm NA 15.5 12 - 18 2.9 <0.2 - 5.5
pH – NA 7.85 7.5 - 8.0 9.2 8.6 - 9.7
Phosphate (ortho) ppm NA ND ND <0.3 <0.3 - 0.3
Potassium ppm NA 4.25 3.2 - 4.6 0.7 0.4 - 11
Silica ppm NA 12.5 9 - 14 4.8 3 - 5.9
Sodium ppm NA 80 59 - 99 12 3.1 – 17
Strontium ppb NA ND ND 83 14 - 181
Total Alkalinity (as Calcium Carbonate) ppm NA 84 76 - 92 37 4.5 - 79 Vanadium ppb 50 (NL) ND ND - 5 ND ND
2021
7 In 2021, The City of Milpitas collected over 2,000 drinking water samples to be analyzed by State-certified laboratories.

The water supplied in Milpitas met all USEPA and State drinking water health standards in 2021, as shown in the adjacent table, which lists all drinking water constituents that were detected during the 2021 calendar year. A full list of tested constituents is available upon request. Unless otherwise noted, the data presented in this table reflects testing completed between January 1 and December 31, 2021.

Some data, although representative, were collected prior to 2021, as the State Board requires monitoring for some constituents less frequently. The concentrations of these constituents do not vary frequently or significantly.

This Consumer Confidence Report (CCR) reflects changes in drinking water regulatory requirements during 2021. These revisions add the requirements of the federal Revised Total Coliform Rule, effective since April 1, 2016, to the existing state Total Coliform Rule. The revised rule maintains the purpose to protect public health by ensuring the integrity of the drinking water distribution system and monitoring for the presence of microbials (i.e., total coliform and E. coli bacteria).

The U.S. EPA anticipates greater public health protection as the rule requires water systems that are vulnerable to microbial contamination to identify and fix problems. Water systems that exceed a specified frequency of total coliform occurrences are required to conduct an assessment to determine if any sanitary defects exist. If found, these must be corrected by the water system. The state Revised Total Coliform Rule became effective July 1, 2021.

Legend
Water Quality Data
Distribution System
Valley Water
San Francisco Public Utilities Commission (SFPUC)
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Item # 12.

Water Quality Information
Lead
If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Infants and young children are typically more vulnerable to lead in drinking water than the general population. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. The City is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. It is possible that lead levels at your home may be higher than at other homes in the community as a result of materials used in your home’s plumbing. If you are concerned about elevated lead levels in your home’s water, you may wish to have your water tested by a laboratory and/or flush your tap. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you do so, you may wish to collect the flushed water and reuse it for another beneficial purpose, such as watering plants. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the USEPA Safe Drinking Water Hotline or at (800) 426-4791 or at epa.gov/lead.

In 2018, the City of Milpitas, through a coordinated effort with the Milpitas Unified School District (MUSD) completed lead sampling at fourteen (14) K-12 school sites, in compliance with Assembly Bill No. 746.

Fluoride and Dental Fluorosis
Mandated by State law, water fluoridation is a widely accepted practice proven to be safe and effective for preventing and controlling tooth decay. The fluoride target level in the water is 0.8 milligram per liter (mg/L, or part per million, ppm), consistent with the May 2015 State regulatory guidance on optimal fluoride level. Infants fed formula mixed with water containing fluoride at this level may still have a chance of developing tiny white lines or streaks in their teeth. These marks are referred to as mild to very mild fluorosis, and are often only visible under a microscope. Even in cases where the marks are visible, they do not pose any health risk. The Centers of Disease Control (CDC) considers it safe to use optimally fluoridated water for preparing infant formula. To lessen this chance of dental fluorosis, you may choose to use low-fluoride bottled water to prepare infant formula. Nevertheless, children may still develop dental fluorosis due to fluoride intake from other sources such as food, toothpaste and dental products.

Contact your healthcare provider or SWRCB-DDW if you have concerns about dental fluorosis. For additional information about fluoridation or oral health, visit the SWRCB-DDW website https://www.waterboards.ca.gov/drinking_water/certlic/ drinkingwater/Fluoridation.shtml, or the CDC website https://www.cdc.gov/fluoridation.

Disinfection with Chloramine
The water from both SFPUC and Valley Water is treated with chloramine to protect public health. Chloramine assists in destroying disease-causing organisms.

Chloramine is considered safe for use as a water disinfectant. However, home dialysis patients and aquarium owners must take precautions before using the chloraminated water in kidney dialysis machines or aquariums. Dialysis patients should consult with their doctor or dialysis technician and aquarium owners should consult with their pet store.

Hardness Classification Grains per Gallon ppm
Soft less than 1.0 less than 17.1
Slightly hard 1.0–3.5 17.1–60
Moderately hard 3.5–7.0 60–120
Hard 7.0–10.5 120–180
Very hard over 10.5 over 180
Hardness
Water hardness is determined mainly by the presence of calcium and magnesium salts. Although hard water does not pose a health risk, it may be considered undesirable for other reasons. Some benefits of water softening are reductions in soap usage, longer life for water heaters and a decrease in encrustation of pipes; disadvantages are an increase in sodium intake, an increase in maintenance and servicing and potential adverse effects on salt-sensitive plants. To convert hardness from ppm 8 Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the USEPA Safe Drinking Water Hotline. Call 1(800) 426-4791
Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons, such as persons with cancer undergoing chemotherapy; persons who have undergone organ transplants; people with HIV/AIDS or other immune system disorders; some elderly; and infants can be particularly at risk from infections. These individuals should seek advice from their health care providers.

USEPA/Centers for Disease Control guidelines on appropriate means to lessen the risk of infection by cryptosporidium and other microbial contaminants are available from the USEPA Safe Drinking Water Hotline. Call 1(800) 426-4791 What Else Should I Know?
Important Contact Information
City of Milpitas
455 E Calaveras Blvd, Milpitas, CA 95035
(408) 586-3000; TDD (408) 586-2643
https://www.milpitas.gov
Business Hours of operation 8 a.m. to 5 p.m., M–Th
Water Emergencies
(408) 586-2600, Business Hours
(408) 586-2400, After Hours
Billing Questions
(408) 586-3100
Water Conservation Hotline
(408) 586-2666
Valley Water Pollution Hotline
(888) 510-5151 (24 Hours)
City Contacts
How to Get Involved
9 City Council meetings are typically held on the first and third Tuesday of every month at 7:00 pm in the City Hall Council Chambers located at 455 E. Calaveras Blvd. Prior to each meeting, Council meeting agendas can be found posted at City Hall and can also be downloaded from the City website at: https://www.milpitas.gov/our-government/city-council/city-council-agendas-and-minutes-2/ You can also tune in to a live stream of our City Council meetings at: https://www.milpitas.gov/live-streaming-virtual-meeting-council-planningmeeting/ 180
Item # 12.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Economic Development and American Rescue Plan Act Economic Vitality Investment Framework Update (Staff Contact: Alex Andrade, Director of Economic Development, 408-586-3046)
Category: Community Development
Meeting Date: 8/16/2022
Recommendation: Receive Economic Development and American Rescue Plan Act (ARPA) Economic Vitality Investment Framework Update.

BACKGROUND:

The City Council approved the Economic Development Strategy and Implementation Actions report (EDS) on May 5, 2020, as a policy document to serve as Milpitas’ road map to grow and diversify the City’s economy, support businesses and workers, and improve quality of life in the community. Economic Development and Job Growth is a key City Council priority, which is vital to the health of the local economy. The EDS was approved a few months into the COVID-19 pandemic. Consequently, the EDS includes vital strategies and implementation actions that have assisted the local business community in resiliency and recovery.

The Economic Development Strategy is a 5-year plan and is organized into 7 topic areas based on challenges and opportunities identified through comprehensive outreach activities and data analysis. It consists of 35 strategies and 64 implementation actions. A variety of strategies and implementation actions have been completed while several others are underway with the goal of supporting businesses, assisting the development community, and increasing economic vibrancy.

On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA) to support urgent COVID-19 response efforts such as to help retain jobs and provide immediate economic stabilization for households and businesses. Given the local impact of the pandemic, the City Council approved the ARPA Economic Vitality Investment Framework on June 8, 2020, to support re-building the Milpitas economy. The City Council reaffirmed its commitment to their Economic Development and Job Growth priority by dedicating financial aid for business resiliency and recovery through the Small Business Assistance Grant Program, Financial Assistance to Hotels, Main Street Revitalization (Business Improvement District Feasibility Study and Storefront Improvement Grant Program), Workforce Development, Financial Assistance to Chamber of Commerce, Catalytic Converter Theft Deterrent Program, and two-year limited term Economic Development Specialist to implement the Office of Economic Development’s ARPA funded programs and initiatives.

ANALYSIS:

The Office of Economic Development’s vision is to preserve and enhance Milpitas’ business climate to ensure the City is fiscally stable to provide essential services and partners with the community in its commitment to improve quality of life. The Office of Economic Development reprioritized its mission to assist the business community with resiliency and recovery efforts during COVID-19. However, the overall mission remains which is to provide services and resources to the business and development communities with the purpose of attracting, retaining, and expanding business and employment opportunities for area residents, stimulating the local economy, and enhancing local retail sales, transient occupancy and commercial property tax bases while maintaining a positive balance between growth, social equity, and Milpitas’ economic vitality. 181
Item # 13.

The previous 2.5 years has been a period of unprecedented economic uncertainty, but the Economic Development Strategy was developed with strategies and implementation actions expected to stabilize and grow the Milpitas economy as the City and region recover from the economic impacts of the pandemic.

The purpose of this agenda item is to provide the City Council with an update and accomplishments associated with the ARPA Economic Vitality Investment Framework and the Economic Development work plan.

American Rescue Plan Act (ARPA)
Cities can use ARPA funds to address the negative economic impacts caused by the pandemic. The City Council resolved to invest ARPA funds to aid Milpitas residents and businesses with a focus on community benefits. The update on ARPA’s Economic Vitality Investment Framework concentrates on the Small Business Assistance Grant Program, Financial Assistance to Hotels, Main Street Revitalization (Business Improvement District Feasibility Study and Pilot Storefront Improvement Grant Program), Workforce Development, Financial Assistance to the Chamber of Commerce, Catalytic Converter Theft Deterrent Program, and the two-year limited term Economic Development Specialist hired. In addition, an update on the non-ARPA funded COVID19 Workforce Recovery Program can be found below under the Workforce Development heading.

A summary of these updates and accomplishments can be found below:
 Small Business Assistance Grant Program: Over 370 applications received, and 343 small businesses were deemed eligible for grants. 276 small businesses received grants of $5,000 ($1,380,000) and 67 businesses that applied will receive $1,700 grants (343 total business). The remaining 67 businesses are expected to receive funding during the week of August 15th. Staff issued a Small Business Assistance Grant Survey and received approximately 109 responses. Survey results indicate that 95.5% of grantees stated that they are very satisfied with the grant program and 99.1% declared that the grant helped their business. More survey results will be shared via a presentation at the City Council meeting on August 16th.
 Financial Assistance to Hotels: Staff initially received 15 grant applications out of 20 hotels in Milpitas. Two hotels rescinded their grant applications and the City proceeded with processing 13 grant awards of $10,000 each. The remaining $70,000 was re-appropriated to the Small Business Assistance Grant Program. Staff issued a Hotel Grant Survey during the week of August 8th which is still open. Survey results will be shared with the City Council at the future ARPA Quarterly Report Update.
 Main Street Revitalization:
 Business Improvement District (BID) Feasibility Study consists of $75,000 of ARPA funding to be used for the BID feasibility analysis, technical support for property and business owners on Main Street and will guide the formation of a BID and required Engineer’s Report. Staff is developing the Scope of Work for a Request for Proposal (RFP) which will be issued soon.  Pilot Storefront Improvements Grant Program is funded through $300,000 of ARPA dollars.

Detailed information on the Pilot Storefront Improvement Grant Program can be found below.  Workforce Development:
 Milpitas Youth Force Program led by the Recreation and Community Services Department has successfully concluded the collaborative 8-week summer work program where 15 teenagers received training, transportation support, a work attire stipend, paid minimum wage for on-the-job experience, and weekly mentorship. Economic Development staff recruited various businesses to participate in the program including FalconX, Spring Valley Golf, InternMart, bitWise, etc.  First 5 Santa Clara County has recruited for their Quality Matters Early Learning Teacher Apprenticeship Program and hosted an informational session on May 16, 2022. The Quality Matters Early Learning Apprenticeship Program launched on August 13, 2022. The City of Milpitas is the only city in Santa Clara County to provide funding for this 22-month program benefitting families. 182
Item # 13.
 Rising Sun Center for Opportunity is conducting Youth Recruitment Initiatives to enroll in their Green House Calls Program including Milpitas High School and Calaveras Hills High School via the College and Career Center and a meeting with the Milpitas Chamber of Commerce. Rising Sun is having conversation with the Public Works Department on a potential collaboration on the Climate Careers Externship Program.
 Build It Green launched the Certified Green Building Professional Training on August 9, 2022.

Building professionals will develop an understanding of fundamental green building principles and learn holistic approaches to designing and building healthy, cost-saving, and environmentally friendly homes. Graduates of this course will earn a professional certification that demonstrates their knowledge and credibility in this fast-growing, in-demand sector.  Evergreen Valley College will enroll Milpitas residents into the Amazon Cloud Practitioner Program. Amazon Web Services Cloud Practitioner Program is a 4-class series in cloud-based computing, emerging technologies, and clean technology in which residents will receive an industry recognized certification for skills enhancement. Staff has had a proactive dialogue with Amazon Web Services representatives on a potential workforce partnership.  Milpitas COVID-19 Workforce Recovery Program (General Fund):
• Staff initiated this non-ARPA funded program in response to the unprecedented unemployment hike at the beginning of the pandemic in order to assist residents with obtaining skills necessary to compete for quality jobs in Milpitas. The Milpitas MyPlan Program was funded through the Office of Economic Development’s budget at a cost of $40,000 in partnership with NOVAworks. • The Milpitas MyPlan Program, developed by NOVAworks, included two phases and cohorts.

Phase 1 explored practical solutions for workforce training opportunities through a needs assessment process focused on surveys and interviews. Phase 2 focused on implementation of recommendations from the first phase. Project deliverables included customized workforce training workshops, assessments, career navigation and career counseling for Milpitas unemployed and underemployed workers and young adult learners, as well as identifying the types of upskilling needed for Milpitas-based businesses impacted by COVID-19. • A total of 25 Milpitas residents completed the successful MyPlan program in winter/spring 2022.  Catalytic Converter Theft Deterrent Program:
• Staff from the City Manager’s Office City Attorney’s Office, Police, Information Technology, Finance, Recreation and Community Services, and Economic Development have been working closely to launch a crime prevention program to deter catalytic converter theft while providing financial assistance to local automotive businesses that have been impacted by the pandemic.

The program is funded by ARPA at $200,000 and expected to commence in October 2022. The program will operate for a limited term of 3 months.

Staff have already conducted outreach to several automotive businesses to share information about the impending grant program and to obtain feedback regarding program overview, business interest, type of catalytic converter protection, proposed voucher amount, and reimbursement timeframes. Staff will be conducting extensive outreach to businesses and residents, with focused outreach to groups such as seniors, low-income households, and Milpitas Assistance Program participants.
 Economic Development Specialist:
• An Economic Development Specialist was hired in October 2021 to implement the ARPA Economic Vitality Investment Framework on behalf of the Office of Economic Development.

The ARPA funded position is limited term for 2 years and the staff person has been leading all of the ARPA funded projects.
 Financial Assistance to the Chamber of Commerce:
• Staff has guided the Chamber of Commerce for many months on submitting the ARPA application to include key deliverables, performance metrics, and application completion. • At the August 9, 2022 City Council meeting, staff was directed to wait on disbursing funds until the City Council has received and reviewed the Chamber’s Financial Reports for a 12-month period to ensure that the funds are used responsibly, a Work Plan for the Art and Wine Festival scheduled for spring 2023, and information on how the ARPA funds will be used overall. 183 Item # 13.

Pilot Storefront Improvements Grant Program
With City Council’s approval, the Office of Economic Development launched the Pilot Storefront Improvement Grant Program with $50,000 from the Community Benefit Fund. The Pilot Program’s purpose is to improve the appearance of commercial storefronts to encourage economic vitality, enhance business marketability, increase property values, and attract residents, visitors, and new businesses to the enhanced business district.

The Pilot Program is designed to benefit businesses located on Main Street and be a catalyst for future investment in the downtown and Main Street Revitalization. Eligible improvements include, but are not limited to paint, lighting, signage, awnings, windows, outdoor seating/dining, landscaping, benches, and historic architectural features.

The property owner of 167 and 187 South Main Street, where Red Chillies and The Best Sandwiches are located, submitted the Pilot Program’s first application in August 2021. There is a current proposal to design and build a shared outdoor dining area between the two restaurants to create a festive and safe destination to dine outdoors during the pandemic and beyond. Staff has met several times with the business and property owners, Architect, and other City staff from Planning, Building Safety, and Fire Departments to analyze the site and work through any anticipated issues. Preliminary drawings have been prepared and staff has met to collaborate on solutions for meeting minimum parking and accessibility requirements.

The Planning Department is currently developing a draft Outdoor Dining Ordinance and expects to present a draft of the ordinance to the Planning Commission in September for a recommendation to the City Council. The City Council will subsequently review the draft ordinance for adoption in October. The proposed Outdoor Dining Ordinance will include language consisting of a 50% parking reduction for restaurants in the MXD Mixed-Use Zone, which includes all parcels along South Main Street, as well as mixed-use areas within the boundaries of the Transit Area Specific Plan (TASP), which are designed to promote pedestrian activity. The draft ordinance will also propose a 25% parking reduction in other commercial and mixed-use areas throughout the city in conjunction with eligible outdoor dining. This proposed Outdoor Dining Ordinance would allow a needed parking reduction to accommodate the current design and build out of a shared outdoor dining area with seating for up to 48 people between Red Chillies and The Best Sandwiches.

In addition, staff continues to market the ARPA funded Storefront Improvement Grant Program, which is funded in the amount of $300,000. Storefront Improvement Grant Program applications, under the ARPA funded program, have been received by Seema Beauty Salon, Bombay Chaat House, Gurus of Dance, Milan Indian Cuisine, SG Inc. CPA, and Maggie’s Beauty Max. These applications are currently being reviewed.

The completion of the abovementioned Storefront Improvements projects will help create placemaking and the pedestrian-scale appeal that is desired along Main Street for economic vibrancy.

Economic Development Work Plan
Staff will present on Economic Development projects, programs, and initiatives that includes day-to-day services provided to the business and development communities including COVID-19 assistance, business retention, expansion and attraction, permit assistance, entrepreneurship, real estate transactions/asset management, etc. A summary of these updates and accomplishments can be found below:

Business Attraction: staff has facilitated permit assistance and provided various resources to attract, retain and expand business and investment opportunities in Milpitas.  Tasman Tech Center
• MKS Instruments – Measuring and controlling device firm has moved from Santa Clara to Milpitas and is occupying 102,000 square feet. Building permit fees total $157,361.80 • SMART Modular Technologies - Global leader in specialty memory, storage and highperformance computing solutions serving the electronics industry for over 30 years has moved from Newark and is occupying 22,000 square feet. Building permit fees total $41,669.07. 184
Item # 13.
• cPacket Networks - Leading provider of intelligent observability for hybrid-cloud and multicloud networks has moved from San Jose and is occupying 13,000 square feet. Building permit fees total $29,615.79.
• Socionext - One of the world’s leading fabless SoC (System on a Chip) suppliers has moved from Santa Clara to Milpitas and is occupying 34,000. The estimated construction cost for tenant improvements is $810,000. Building permit fees total $53,640.16.  Park Point Tech
• Corsair Gaming – Gaming hardware firm has moved from Fremont into Milpitas and will occupy 118,000 square feet and employ approximately 500 people. The City’s sales tax consultant has shared that similar types of businesses may generate enough sales tax revenues to be ranked anywhere between the top 25 to 35 top sales tax generators in Milpitas.

Building permit fees total $143,579.05.
• BD Biosciences – One of the world’s largest medical device makers has selected Milpitas and is expanding their footprint by 240,000 square feet. They are expected to employ 800 people.

Business Resources: staff has provided various business resources to assist with COVID-19 resiliency and recovery efforts as well as day-to-day customer service and operations to improve the local economy.  NorCal Small Business Development Center (SBDC)
• Staff has partnered with the NorCal SBDC to provide critical information and resources to assist businesses through hosted webinars. A total of 7 webinars have been completed consisting of various topics:
 COVID-19 & the Next 30 days of Your Business!
 Small Business Financing
 PPP, EIDL, SBA Debt Relief, etc.
 Business Resiliency & Retooling
 Restaurant Revitalization Funds
 Debt Management
 Credit Restoration
 Community Development Roundtable (CDR)
• CDR – In partnership with the City Manager’s Office, staff has hosted meetings with Real Estate Brokers, Developers and industry leaders with the purpose of developing relationships, thought leadership, and advocacy on various Community Development topics through the City Services Areas (CSA) program. Topics discussed recently include the Objective Design Standards, Housing Element, Metro Specific Plan, Gateway/Main Street Specific Plan, Climate Action Plan, Vehicle Miles Traveled Policy, Workforce Development, Fiscal Benefits of Employment Lands Study and the Innovation District.

Regional, State and National Leadership: staff continues to expand its Economic, Community and Workforce Development presence at different levels, which enhances the work plan’s programs, initiatives, and projects and has increased brand awareness, credibility, expertise, and leadership in these fields.  Santa Clara County Economic Support Function Team – as a regional team member, staff wrote “Surviving the Pandemic and Building Resilient Hotel and Travel Industries in Silicon Valley: A Guide for Local Government and Industry Leaders,” which prompted the establishment of the Reconnecting Silicon Valley (RSV) Taskforce made up of regional City representatives and private sector leaders in the hotel and travel sectors. Staff has received information from an Economic Development industry organization that it is a top contender for an award related to the development of the Report and establishment of RSV and its positive regional impact on these industries. The industry organization will publicly divulge winners at the annual conference and via press release on September 20, 2022.  Silicon Valley Economic Development Alliance (SVEDA) – staff is a member of SVEDA through Joint Venture Silicon Valley, which addresses regional economic, community and workforce development issues collectively and convenes public and private resources to ensure the success of businesses in Silicon Valley.
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Item # 13.
 ICSC - Community Advancement Co-Chair – as the Public Sector Co-Chair, staff developed a successful retail panel for the ICSC Monterey Conference (March 2022), which consisted of City Manager Steve McHarris, Planning Director Ned Thomas, Lyon Living Development Manager (Retail) Thomas Rubio and moderated by President of Retail Pacific Carol Therien. Staff is leading conversations on the development of the SVEDA/ICSC Conference scheduled for November 2022.  Stanford University – Urban Studies – the Office of Economic Development has partnered with Urban Studies faculty on the Milpitas Microenterprise Grant Program and Innovation District. Students have researched, surveyed, and developed reports on these subject matters and have been presented to the Economic Development and Trade Commission.
 SelectUSA Economic Summit – Go-Biz – the Office of Economic Development was selected to join Go-Biz (Governor Newsom’s Office of Business and Economic Development) as part of the California delegation at the SelectUSA Economic Summit held in Washington D.C. in June 2022. This initiative resulted in engagement with international businesses and highlighted local and statewide opportunities.

FISCAL IMPACT:

There is no fiscal impact associated with the Office of Economic Development’s update on programs and initiatives as well as the ARPA Economic Vitality Investment Framework update.

California Environmental Quality Act (CEQA):

By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA as this action has no potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The City Council update is also exempt from CEQA under Guideline 15306 as basic data collection and research does not cause or result in a serious or major disturbance to an environmental resource.

RECOMMENDATION:

Receive Economic Development and American Rescue Plan Act (ARPA) Economic Vitality Investment Framework Update.

Attachment(s):
186
Item # 13.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Receive Progress Report on the Work Completed from Raimi and Associates and City Staff on the Milpitas Residential and Mixed-Use Objective Design Standards, Discuss Project Objectives and Priorities, and Provide Feedback on the Public Draft (Staff Contact: Ned Thomas, Planning Director, 408-586-3273 and Jay Lee, Principal Planner, 408-586-3077).

Category: Community Development
Meeting Date: 8/16/2022
Recommendation: Receive progress report on the work completed from Raimi and Associates and City staff on the Milpitas Residential and Mixed-Use Objective Design Standards, discuss Project objectives and priorities, and provide direction on the Public Draft.

Background:

Although there are design guidelines for the City’s two specific plan areas, broader citywide design guidelines for new development currently do not exist. Furthermore, recent state legislation (e.g., SB330, SB35) requires design guidelines to be objective and quantifiable for residential projects and mixed-use projects with at least two-thirds of the square footage designated for residential use. Therefore, the City is preparing the Residential and Mixed-Use Objective Design Standards (“Objective Design Standards”) to streamline housing approvals and accelerate housing production by providing clarity and certainty in design decisions and to eliminate unnecessarily burdensome review in the permitting process.

The Objective Design Standards will provide clear and implementable design criteria for all new residential and applicable mixed-use developments throughout the City to meet the new state requirements. The Objective Design Standards will also help ensure compliance with SB 35, which stipulates that qualifying multi-family residential projects meeting certain criteria may request a streamlined ministerial approval process.

On June 16, 2020, the City Council authorized acceptance of a $310,000 grant from the California Department of Housing and Community Development (HCD) through the State’s Planning Grant Program, which is funded by Senate Bill 2 (SB 2), also known as the Building Homes and Jobs Act. City Planning staff is using the grant funding to create land use and zoning tools to streamline housing approvals, comply with State legislation, and support the state’s goal of addressing critical housing needs. Developing the Objective Design Standards is one of three key tasks being funded as part of this effort.

In October 2020, following a competitive Request for Qualifications (RFQ) process, the City selected Raimi and Associates to complete the Objective Design Standards. The work completed thus far is summarized below.

1. Existing Conditions and Best Practices Memo: The consultant reviewed existing multifamily and mixed-use zoning regulations, researched best practices, and provided recommendations based on this research and analysis.

2. Community Outreach: The consultant prepared a public-facing fact sheet that describes State regulations, the need for objective design standards, and project goals. The consultant and City staff also hosted a series of working sessions with City staff from various departments involved in the development review process to ensure that the Objective Design Standards support the City’s fire, building, land development, and transportation requirements. The project team also conducted a series of stakeholder meetings with key developers who have built housing projects in Milpitas, the 187
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Community Development Roundtable, and the Milpitas Involved Citizens to receive preliminary feedback on the Objective Design Standards.

3. Framework Plan and Site Tests: The consultant developed a Framework Plan that identifies the topics and organization of the Objective Design Standards. The consultant then “tested” the draft design standards and concepts in the Framework Plan by applying them to several sites throughout the City and creating 3D models to show what new developments would look like under the proposed standards. These site tests ensured that the Objective Design Standards would be feasible and effective in actual development scenarios.

4. Draft Objective Design Standards: Based on public input received and results of the site tests, the consultant prepared an Administrative Draft of the Objective Design Standard for internal review.

Following staff review of the Administrative Draft, the consultant revised the Administrative Draft and published a Public Draft in a web-friendly format for review by the general public. The Public Draft was posted on the Planning Department webpage on July 19th and will be available for public comment through August 20th. The public comment period was announced through an email blast, an online public forum, the City’s social media platforms, and electronic signs at City Hall.

Analysis:

A brief overview of the Existing Conditions and Best Practices Memo, public input received, and Public Draft Objective Design Standards is provided below.

Existing Conditions and Best Practices Memo
The key findings of the Existing Conditions and Best Practices Memo are outlined below:
 Existing Regulations: The City of Milpitas does not have consistent objective design standards across its various regulatory documents. The City’s two specific plans provide design guidelines for the areas within the plan boundaries, but the design guidelines are subjective and found in multiple locations. The General Plan also provides various policies that provide general design guidance for multifamily and mixed-use residential projects.
 Organization and Structure: Objective design standards are typically organized by: (1) topic, (2) land use and building typology, (3) design principle/goal, or (4) area (i.e., neighborhood). Each approach has its strengths and weaknesses, but the most common practice is to combine two or more of these approaches.
 Flexibility in Design: A good set of objective design standards should strive to balance flexibility and prescriptiveness. A variety of strategies can be used to achieve this balance including: (1) menu of options to choose from to meet the intent of the standard, (2) point-based system requiring projects to attain a minimum score, (3) organization into building typologies allowing applicants to determine which classification is most appropriate for their projects, and (4) location-specific standards that consider the unique characteristics of each area.

Community Feedback
The feedback received through the staff working sessions and stakeholder meetings is summarized below:
 Existing design guidelines are largely outdated, featuring design practices that are no longer relevant or contemporary, and subjective, resulting in confusion on the part of both applicants and staff.  Requiring ground floor retail for mixed-use projects in areas where it may not be financially feasible constitutes a hurdle for applicants. Emphasize building form over use.  Maximum buildings heights and allowed density are in conflict. The maximum building height is often too low relative to the allowed density.
 Satisfying fire and public safety standards sometimes has been cumbersome, especially when attempting to satisfy stairwell, utility, and emergency vehicle access requirements.  Regulate buildings based on typologies that can be reasonably expected to appear in Milpitas and implement design standards that are consistent with the building code.  The biggest benefit of objective design standards is a streamlined review process and the elimination of negotiating between the applicant and staff regarding subjective design guidelines.  While clear standards are desired, maintaining some level of flexibility to encourage variations in design is needed for significant façade breaks, upper floor step backs, and façade treatments. 188
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Refer to the Existing Conditions and Best Practices Memo for a detailed overview of the feedback received.

Public Draft Objective Design Standards
The background research and analysis and feedback received from staff, developers, and community members have informed the organization and content of the Public Draft Objective Design Standards. Below is an overview of the Public Draft Objective Design Standards and a description of the key design standards.

GP Implementation
The Objective Design Standards support and implement many General Plan policies in the Land Use, Circulation, and Community Design Elements. A few of the policies are below:
 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.  CD-1: Strengthen Milpitas’ identity and sense of place by reinforcing the community’s distinctive, highquality community form, natural landscape, and character.  CD-2: Ensure project designs reinforce a sense of place, display design excellence, and are cohesive and sensitive to the surrounding built environment and natural landscape.  CD-10: Design buildings, sites, and streets to enhance pedestrian and bicycle mobility.  CD-11: Enhance Milpitas’ commitment to sustainable design by minimizing negative environmental impacts and utilizing resources efficiently.

Relationship to the Zoning Ordinance
The Objective Design Standards complement the City’s Zoning Ordinance (Milpitas Municipal Code, Title XI, Chapter 10) by providing detailed architectural and urban design standards that supplement the City’s zoning and general development standards to facilitate high-quality, attractive developments. While the Zoning Ordinance provides basic development standards that determine the overall scale of development (e.g., uses permitted, lot size, density, setbacks, and building height), the Objective Design Standards provide detailed requirements for how buildings should be designed (e.g., massing breaks, façade composition, and building materials).

Organization and Overall Strategy
The primary goals of the Objective Design Standards are to preserve the character of existing neighborhoods, encourage human-scaled buildings, promote high quality site and building design, and emphasize a pedestrian-oriented environment.

To accomplish these goals, the Objective Design Standards utilize a holistic approach that works across scales from urban scale strategies to fine grained architectural strategies. The Objective Design Standards first address site planning and site design, covering topics like block structure, building orientation, open space and landscaping, and access/parking. The next set of standards address building massing and form, covering topics like building lengths and upper floor mass reductions. Then the standards address façade modulation, providing requirements for major and minor breaks in the building façade. Finally, the standards conclude by addressing façade articulation and open space design, covering topics like establishing a base/middle/top, awnings and canopies, window design and pattern, building materials, and open space dimensions.

The Objective Design Standards also strive to balance objectivity with flexibility by establishing unique requirements for each building type, addressing special circumstances, and providing multiple options for compliance. Furthermore, the Objective Design Standards establish a clear process for requesting and approving minor exceptions and exemptions. Applicants may request up to three exceptions/exemptions but must demonstrate that the project meets the purpose and intent statement of each topic where the exception/exemption is requested and that there are valid constraints to meeting the standard. Otherwise, the applicant may choose to go through the typical discretionary approval process.

Key Design Standards
The key design standards are summarized below:

Site Planning
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 The maximum block length is 400 feet and the maximum block perimeter length is 1,400 feet. Blocks exceeding these thresholds require a midblock connection with public access that meets minimum standards. Types of allowed midblock connections include a public street, private street, shared street (between pedestrians and vehicles), and paseo/pedestrian path. (pg. 9-14)  Accessible open spaces must be equal to or greater than 5 or 10 percent of the lot area depending on the average building height. (pg. 15-16)
Site Design
 Sidewalks must meet the prescribed minimum dimensions. (pg. 18)  Primary building frontages must face a public sidewalk or publicly accessible pathway. (pg. 19)  Off-street parking is prohibited between the building and street. (pg. 25)  A minimum of 15 percent of the total off-street open parking area must be landscaped with a mixture of trees, shrubs, ground cover, and other plant material. (pg. 28)  For buildings greater than 2 stories in height in lower density residential areas, no portion of the building can be within a 45-degree daylight plan measured perpendicularly from the shared rear property line from a height of 10 feet for the full length of the property line. (pg. 33) Building Design
 Buildings cannot exceed 380 feet in length or width and buildings with 6 or more stories must reduce the upper floor mass through one of the two options provided. (pg. 44-45)  Buildings must provide a major façade break at least every 150 feet of building length and a minor façade break at least every 100 feet of building length. Each façade break must meet the prescribed minimum dimensions. (pg. 45-48)
 Buildings must use a different façade composition every 100 feet in length. Each façade composition must include a variation in at least two of the following: building modulation, façade articulation, fenestration, and materiality. (pg. 49-50)
 Buildings 3 stories or taller and a building length greater than 50 feet must be designed to provide a distinct base, middle, and top on all exterior facing facades. (pg. 51-52) Next Steps
Following the Planning Commission study session, the consultant and City staff will present the Public Draft Objective Design Standards to the City Council for feedback and continue to receive public input through the end of the public comment period. The project team will then review all the feedback received, revise the Public Draft, and prepare the Final Objective Design Standards. The project team will return to the Planning Commission and City Council with the Final Objective Design Standards for adoption through public hearings.

Fiscal Impact:

This is an informational item. As such, there is no fiscal impact.

California Environmental Quality Act:

The Objective Design Standards will be exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) and as a separate and independent basis Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning). The Objective Design Standards will provide architectural and urban design standards, which will not allow more development than what is currently allowed in the City’s Zoning Ordinance. Therefore, the project has no potential to result in significant environmental impacts.

Recommendation:

Receive progress report on the work completed from Raimi and Associates and City staff on the Milpitas Residential and Mixed-Use Objective Design Standards, discuss Project objectives and priorities, and provide direction on the Public Draft.

Attachments:

1. Existing Standards and Best Practices Memo

2. Public Draft Milpitas Residential and Mixed
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Milpitas Objective Design
Standards: Technical Memo
Existing Standards &
Best Practices
April 16, 2021
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Technical Memo – Existing Standards & Best Practices
Table of Contents
I. Introduction + Purpose 3
Key Takeaways ................................................................................................................................................3 II. Documents Overview + Applicability 3
A. General Plan 2040 (August 2020 Draft).................................................................................................4 B. Zoning Ordinance ....................................................................................................................................5 C. Specific Plans ............................................................................................................................................5 D. Other Documents.....................................................................................................................................6 III. Existing Regulations: Strengths & Weaknesses 6
A. Zoning Ordinance ....................................................................................................................................6 B. Transit Area Specific Plan (2011) ............................................................................................................8 C. Midtown Specific Plan (2010)..................................................................................................................9 D. Streetscape Master Plan (2000) ........................................................................................................... 10 E. Fire Code Interpretation....................................................................................................................... 11 IV. Staff & Community Feedback 11
A. Staff Feedback ....................................................................................................................................... 11 B. Community Feedback .......................................................................................................................... 12 V. Best Practices 14
A. Organization & Structure...................................................................................................................... 14 B. Flexibility in Design ............................................................................................................................... 20 VI. Appendix 27
A. General Plan 2040: Goals & Policies ................................................................................................... 27 B. Best Practices Research ........................................................................................................................ 35 C. Staff Feedback: Notes........................................................................................................................... 36 192
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I. Introduction + Purpose
Development of residential multi-family projects and mixed-use projects in the City of Milpitas is currently regulated by a number of documents and policies. These regulatory documents include the City’s General Plan (ongoing update in draft form), Zoning Ordinance, two specific plans, and other key ordinances and documents.

As an introductory exercise for the Objective Design Standards (ODS) effort, this memo is divided into two parts. First is a high-level summary of the city’s current regulatory language as it applies to design regulations for multi-family and mixed-use projects, and feedback from practitioners and city staff utilizing these documents. Second is a compilation of precedents and best practices of objective design standards, organized under several key topics that may later serve as a basis for the framework plan or specific objective standards.

Key Takeaways
• Existing Regulatory Documents: The City of Milpitas does not contain consistent objective design standards across its various regulatory documents. Design standards and guidelines appear in the zoning code, two specific plans, the recent draft general plan, and additional documents such the Streetscape Master Plan. The content, structure, and level of clarity vary significantly, presenting both reviewers and applicants with a challenging range of design considerations that will need to be addressed.
• Staff and Community Feedback: Conversations with city staff and local developers and designers have revealed several weaknesses in the existing regulations as they apply to the design of individual projects, and their subsequent review. Topics such as vehicular circulation, waste removal, utilities, and building massing emerged as areas where the regulations are in need of improvement. The preparation of objective design standards was universally supported.
• Best Practices Research: Objective design standards appear in a broad range of documents and contexts. Dozens of examples were reviewed and analyzed to identify successful precedents for organization, content, diagrams, and structure. These best practices will inform the direction of the subsequent Framework Plan.
• Next Steps: Several ongoing efforts including the general plan update, and updates to both specific plans represent immediate opportunities to introduce objective design standards to crucial regulatory documents. The ODS team will engage directly with these other projects in the coming months.

II. Documents Overview + Applicability
Objective design standards will be applied throughout the City of Milpitas’ regulatory documents wherever matters of building form and site design are concerned for multifamily and mixed-use residential projects. Objective design standards are mandated by state laws (California State Senate Bills 35 and 330 in particular), which require individual jurisdictions to revise any instances of subjective language in favor of objective language that:
“[Involves] no personal or subjective judgement by a public official and 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.” California State Senate Bill 330 (Section 66300.7) 193
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At present, development standards and design guidance appear in the zoning ordinance, specific plans, and other guiding documents like the General Plan, Streetscape Master Plan, Housing Element, and Climate Action Plan. Although the degree of detail, specificity, and subjectivity varies considerably across these policies, the City is responsible for developing a new and consistent set of objective standards that are uniformly understood and accessible to both project applicants and internal reviewers. These policies include the following:

A. General Plan 2040 (August 2020 Draft)
The City is currently undergoing an update to the General Plan. The Draft General Plan will be used to guide the development of the objective design standards. The General Plan includes the following sections that provide design guidance for development of multifamily and mixed-use residential projects:
• 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-6: Support commercial centers that serve residential neighborhoods and provide for a variety of convenient, successful and attractive commercial uses throughout the city. • 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-2: Provide safe, healthy, comfortable, 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 those 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
• CD-1: Strengthen Milpitas’ identity and sense of place by reinforcing the community’s distinctive, high-quality community form, natural landscape, and character • 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-3: Maintain and enhance the character and distinct identities of Milpitas’ residential neighborhoods and commercial, mixed-use, and employment districts. • CD-4: Enhance the existing character and strengthen the identity and unique qualities of Milpitas’ districts.
• CD-5: Provide appropriate transitions between land uses to avoid conflicts and perpetuate the community’s harmonious character
• CD-6: Enhance the corridors, pathways, and edges that form physical boundaries and provide transitions and connections throughout the community.
• 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-10: Design buildings, sites, and streets to enhance pedestrian and bicycle mobility. • CD-11: Enhance Milpitas’ commitment to sustainable design by minimizing negative environmental impacts and utilizing resources efficiently. 194
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The draft General Plan includes dozens of additional policies relating to building design. The goals and policies essentially function as a complete set of design guidelines for future development. The policies cover a range of topics from streetscape character, site design, circulation, building form, transitions, pedestrian entries, open space and other architectural details. The policies are a mix of general and very specific design guidance.

A complete list of applicable policies can be found in VII. Appendix.

B. Zoning Ordinance
The current zoning ordinance does not include a dedicated chapter to design standards. Rather, design standards appear in several different sections, each with varying levels of specificity and subjectivity. These sections include:
• Section 4. Residential Zones and Standards
• Section 6. Mixed Use Zones and Standards
• Section 8. Planned Development Zones and Standards
• Section 11. Specific Plan Areas
• Section 12. Overlay Districts and Standards
• Section 13. Special Use
Please note that single-family residential projects will not be addressed under the scope of this objective design standards project. Consequently, Single Family Residential (R1) Zone regulations will not be addressed. In addition, this memo does not address with the following topics:
• Accessory uses, buildings, and structures (XI-10-13.05) • Manufactured Homes (XI-10-13.07)
• Temporary Uses and Structures (XI-10-13.11)
• Single Room Occupancy Residences (XI-10-13.13)
C. Specific Plans
There are two specific plans that uniquely regulate portions of the city:
• Midtown Specific Plan (2010) (update pending)
*Also referred to in other maps and documents as the Gateway-Main Street Specific Plan • Milpitas Metro Specific Plan (2011) (update pending)
*Also referred in other maps and documents as the Transit Area Specific Plan and Milpitas Commercial Specific Plan
Additional regulations including base zones associated with these specific plans also appear in the zoning ordinance:
• Section 11. Specific Plan Areas
These specific plans represent unique areas of influence within the City of Milpitas and feature unique and individual sets of development requirements and criteria. As the Metro Specific Plan is currently undergoing an update and the Midtown Specific Plan expected to begin its own update in the coming months, the work of this objective design standards project will be complimentary yet independent.

The expectation is that each specific plan update will be individually responsible for updating its design guidelines and regulations to feature clear and objective design standards. The special design standards may be additive to Objective Design Standards as needed or may be stand-alone in each document. Opportunities for integration will be part of the ODS Framework Plan. 195
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With whole-scale changes expected in each plan update, this memo does not analyze the two existing documents in detail.

D. Other Documents
While state law is explicit in its direction that objective design standards must be integrated wherever multi-family development is regulated, there are several ancillary documents that should also be considered:
• Streetscape Master Plan (2000)
• Climate Action Plan (2013)
• Housing Element (2015)
These documents do not engage directly with the form, orientation, or placement of individual buildings and are therefore less immediately applicable to an objective design standards effort.

However, they do contain relevant language particularly as it relates to site design and context. It is essential that all objective design standards align with the stated goals of overarching regulatory documents, in particular the city’s general plan.

In addition to these documents there are other departmental reviews that should be coordinated with the future Objective Design Standards. Public Works, Building, and Fire each review project application based on design standards and guidelines specific to their topic of review, some that involve a great deal of subjectivity and interpretation of code elements.

III. Existing Regulations: Strengths &
Weaknesses
Design guidelines, in some form, are currently scattered throughout the many regulatory documents.

For the purposes of this memo, the guidelines have been condensed into broader topics and key categories that are shared across both multi-family and commercial/mixed-use development. These topics are further categorized into areas of strength that would require more minimal improvements to obtain objectivity, and areas of weaknesses which lack objective language and would require significant alterations and revisions.

A. Zoning Ordinance
Strengths
• Fences and Walls: Currently regulated in under the zoning ordinance’s General Provisions, the language currently features a number of specific, objective standards related to material, height, and placement. It is helpful that these regulations also distinguish residential versus non-residential contexts and applications.
o Example Language: XI-10-54.10.C.1 Height Limitations. Fences and walls shall not exceed six (6) feet in height at the rear and side yards, and forty-two (42) inches in height at the front yard.
• Ground Floor Commercial Design: Design standards specific to ground floor spaces appear only once, under the Transit Oriented Development Overlay District section (XI-10-

12.06.E.6.c). Much of the existing content represents a good starting point, as it already features some clear and objective language. These standards should be expanded upon, as they are currently limited strictly to parcels zoned R-5, within the TOD Overlay area. 196
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o Example Language: XI-10-12.06.E.6.c Windows. At least sixty (60) percent of the ground floor wall area between three (3) and eight (8) feet above the sidewalk shall be glass or other transparent material
• Planned Development: As the code features quite stringent definitions for developments that are eligible for Planned Development designation, it is unlikely that the language requires significant revisions to be made objective. However, as the development standards default to the requirements of the zone that is “most similar in nature,” this section will naturally benefit from revisions to the Mixed-Use regulations. As individual applicants voluntarily submit proposals under Planned Development designation, this section will need to provide objective findings of consistency for evaluation of projects. In addition, the applicable standards and relevant criteria that exist in other sections of the code will need to be made objective. • Usable Open Space: Usable open space requirements are regulated uniquely for each residential zone, with the language typically including both landscape/planted areas as well as built spaces such as patios. Some excerpts already provide minimum objective dimensions, although these most often simply specify minimum areas rather than appropriate linear dimensions that would ensure usable configurations.
o Example Language: XI-10.4.05.C.1.b (R3 Zones) An average of two hundred square feet of usable open space shall be provided for each dwelling unit. "Usable open space" shall mean any open space, the smallest dimension of which is at least 4 ½ feet and which is not used as storage or for movement of motor vehicles Weaknesses
• Landscaping: Language regulating usable open space is much closer to objectivity, while instances regarding landscaping are often almost entirely subjective. In some instances, language regulating the design of landscape is more of an aspirational goal or guideline rather than objective statement that applicants and designers can apply practically. o Example Language: XI-10-11.07.2.d Landscaping is to be designated to highlight positive visual features, to screen negative ones, and to provide a cool, pleasant outdoor environment.
• Utilities: Design guidelines regarding utilities are not extensive, but currently contain a variety of subjective and ambiguous directions that refer generically to “well landscaped” areas, and screening requirements that lack dimensions.
o Example Language: XI-10-6.06.A Rooftop mechanical equipment shall be concealed from street level views through roof designs that area architecturally integrated with the building, such as equipment wells and parapets
• Waste Disposal: Areas for depositing and collecting waste are currently regulated in two sections of the code’s general provisions (XI-10-54.12 Areas for Collecting and Loading Recyclable Materials + XI-10-54.16 Trash Enclosures, Equipment, and their screening).

Language regarding recyclable materials lack any objectivity or quantifiable requirements, beyond the basic requirement that all projects with 5 or more living units must provide a collecting and loading area. Trash enclosures also lack specific requirements for screening, and feature vague setback requirements and dimensions.
o Example Language: XI-10-54.12.D. Design Guidelines. The design and construction of recycling areas shall be reviewed in accordance with the guidelines adopted by Council Resolution for recycling areas.
o Example Language: XI-10-54.16.B.1 When located on the street side of corner lots, the enclosure must be set back at least as far as the main building 197
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B. Transit Area Specific Plan (2011)
(Update pending as Milpitas Metro Specific Plan)
Development standards and design guidelines are featured in two sections of the 2011 report:

Chapter 5, and Appendix. Any revisions to these standards since the 2011 adoption have been adopted in the Zoning Ordinance.

Strengths
• Building Design: Building massing, articulation, and features including windows, materials, and colors are regulated in the Appendix. Similar to the existing language regulating site planning, the content is adequate in its range of topics but consistently relies on subjective and ambiguous requirements (“special architectural treatment,” “buildings should be well articulated,” “multi-paned windows are strongly encouraged”). This subjective language needs to be eliminated, and more quantitative and explicit direction provided through revisions that include dimensions and clearer diagrams.
• Ground Floor Design: The standards regulating ground floor design are similar to those found in the zoning ordinance, but include a few additional requirements that need reinforcement, such as greater clarity regarding treatment of blank facades; entryways; recesses and projections. Other topics need improvement, such as materials (still described as “best” and “quality”).
• Mixed Use Design: The sections in the Appendix regulating mixed-use buildings design are much more robust than the zoning ordinance, and could serve as a reference point for areas of improvement. It features the same shortcomings found throughout the specific plan, where greater specificity, dimensions, and clearer diagrams are needed. • Site Planning: Standards regulating sites, block patterns, and building placement are regulated in the Appendix. A commendable range of topics are already featured, including block size, building and façade orientation, screening residential from industrial uses, mitigating surface parking, and vehicular circulation/access. Work is needed to eliminate subjective language, and provide more quantitative and explicit direction through revisions including dimensions and clearer diagrams.
• ROW/Streetscape Design: The current specific plan features a clear organization of street typologies with accompanying visuals that illustrate the exact dimensional requirements for the ROWs, including streets, planted or landscaped medians, planting strips, and sidewalks. These include planted areas within front setback areas.

Weaknesses
• Organization of Policies and Standards: The chapter concludes with a set of additional construction standards pertaining to specific topics, such as green building standards (including solar), noise considerations, railroad corridors, and hazardous materials. Some of these are more appropriately addressed as a component of the Metro Specific Plan update process, but others such as the regulation of parcels adjacent to railroads should more appropriate be nested in the overall zoning code. The topic of solar installation also warrants its own section in the zoning code, especially in response to recent legislation including AB 178 which requires all single-family residences and multi-family residences up to three stories across the entire state to satisfy minimum solar panel requirements. • Fence, Walls, and Vegetation Buffers for noise and vibrations: Only applicable to parcels in close proximity to BART, UPRR train tracks, Great Mall Parkway, and industrial uses residential applicants are required to construct masonry walls and sound walls to address issues of noise and vibration. No objective standards are currently provided. 198
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• Landscaping: This specific plan is an improvement upon the regulation and definition of landscaping compared to the zoning ordinance, but still remains highly subjective. Although objective/quantitative requirements are scattered throughout, generic mandates such as “The develops of multifamily and mixed-use building should provide full landscaping” is meaningless when approaching a given project from a design or approval perspective. • Multifamily Residential: These standards are too brief, and new objective standards should be developed in tandem with zoning ordinance revisions. • Services: Standards regarding utilities, service and loading areas, waste removal, and public safety issues are general and vague. The current plan references the Midtown Specific Plan, but both plans require significant revisions.
• Vehicular Access: Garage entrances, curb cuts, and wrapped parking are all featured, with scarce details regarding acceptable dimensions or design. Precedent images offer some needed context and reference, but the language needs additional objective directions and specificity.

C. Midtown Specific Plan (2010)
Development standards and guidelines are featured in Chapter 8 of the 2010 report. It prefaces the standards with this excerpt, which will need to be revised but also represents the typical approach to regulating design guidelines prior to the adoptions of SB 35 and 330 and serves as a useful precedent:
“The words “shall” and “will” indicate a mandatory requirement. The word “should” means that an action is required unless a determination is made that the intent of the guideline is satisfied by other means. Words such as “encouraged” or “may” are advisory and are provided as guidelines for development. In general, the word “shall” is used in the Development Standards.

The Design Guidelines include the word “should” indicating a mandatory guideline.” Strengths
• Building Design: Much of this language correlates with the Metro Specific Plan. Revisions to make standards objective are likely to be universally adapted in both plans. • Mixed-Use and Multifamily Design: Much of this language correlates with the Metro Specific Plan. Revisions to make standards objective are likely to be universally adapted in both plans. • Parking Areas: The plan separates off-street parking standards for residential and mixed-use projects, each featuring its own set of ratios based on unit type and building use. Although the existing language is brief, it offers a degree of specificity and objective dimensions with regards to the design of carports. Other areas will require revisions, such as driveway design and placement (site access), associating landscaping, and clearer standards regarding nearby existing on-street parking.

Weaknesses
• Building Heights: Instances of subjective design considerations such as “special architectural elements such as towers and spires [or] corner elements” will need to be removed, or fleshed out individually and made objective. This is especially important as it relates to maximum allowed building height.
• Interaction with the Zoning Ordinance: The Specific Plan area features nearly a dozen different zoning designations, including multifamily (R4, R4-TOD) and mixed-use (MXD, MXDTOD). However, there are design guidelines featured in the specific plan that are not reflected in the zoning code, and regulations in the zoning code that are not explicitly contained within the specific plan document. Applicants and reviewers are thus required to consult two separate regulatory documents and resolve any discrepancies between the relevant and applicable standards, resulting in a confusing and complicated approval process. 199
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o Example: XI-10.6.04.G Park and Open Space Requirements for Residential Use. This section contains additional design guidelines with regards to open space calculations and design of usable open space such as balconies and patios. • Interaction with Metro Specific Plan: According to the zoning ordinance (XI-10-11.06.A.1), “exterior building or site improvements” must meet the design guidelines and standards of the Transit Area Specific Plan (aka Metro Specific Plan). This arrangement is confusing for both applicants and project reviewers, as it is not best practice for one specific plan be called on to regulate another.
• Landscaping: The shortcomings of this language are similar to those of the Metro Specific Plan, although this plan offers even fewer standards.
• Parks and Open Space: Three types of open space are required within the plan area, yet none are distinguishable from one another from a design perspective based on the highly vague and subjective language, and offer no clear direction with regards to design, location, or accessibility.
o “Private park space should be configured to be usable for recreational purposes by residents of the housing development.”
• Service Areas: The plan features three brief, subjective guidelines regulating service areas in non-residential projects, but offers no direction on mixed-use featuring residential, or multifamily projects. • Street Trees: Street trees located on sidewalks are a requirement, but the current language offers no direction on how they must interact with either existing or “assumed” 10-foot sidewalks.
• Utilities + Waste Removal: Weaknesses are nearly identical to those found in the zoning ordinance.

D. Streetscape Master Plan (2000)
This master plan functions as an all-purpose document that governs the regulation and design of the ROW, including sidewalks, landscaping, street trees, utilities, and vehicular circulation. As a master plan, it outlines a comprehensive set of goals and standards for streetscape design and maintenance, in addition to relevant city-wide polices and funding sources for implementation.

Although matters of streetscape, landscaping, ROW design, and utilities can be included within the scope of objective design standards, the City will need to make a determination regarding this master plan document and its relationship to any new design standards. Especially as the document is more than twenty years old, it is likely that an independent update of the plan may also be needed to be aligned with more urban development forms and meet the City’s goals for pedestrian safety, walkability, and active modes of transportation.
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E. Fire Code Interpretation
Each city’s interpretation of the California Fire Code can have a great impact on site and building design. Many city codes have been written to complement small scale suburban development, as more urban, high density building forms enter a community, these codes are often in conflict with contemporary building methods. The stakeholders R+A spoke with to gather feedback on development in Milpitas outlined number of subjective interpretations of the fire code that have hindered meeting the design goals and policies of the City. Some instances required redesign, resulted in a loss of units, and were considered to be requests that went beyond requirements of the California Fire Code. These instances included requiring the following:
• A Fire Command Center for buildings where the highest occupiable floor is below 75 feet in height
• More than one stairwell to provide roof access
• Additional fire apparatus access than the California Fire Code for sprinklered buildings • Second fire apparatus access to be full length of second frontage IV. Staff & Community Feedback
A. Staff Feedback
The project team has thus far completed two meetings with city staff to gather feedback and insight regarding project review, engagement with objective design standards, and best practices.

March 1, 2021. Planning Staff
Midtown Specific Plan: Development review process
• Current specific plan features a number of design guidelines that are scattered throughout the document. Staff must also reference excerpts within the zoning code, resulting in a complicated review process.
• Existing guidelines are largely outdated and feature design practices that are no longer relevant or appropriate to contemporary Milpitas: building articulation, detailing, and massing are particularly problematic as developers/applicants have exhibited difficulties submitting ‘appropriate’ designs based on the existing language.
• Prescribed land uses constitute a hurdle for applicants who are required to provide elements such as ground-floor retail (even where it may not be financially feasible): staff suggestion that prioritizing language that emphasizes building form over building use may be a more successful application of design standards.

Zoning Code: Existing design-related standards
• Existing regulations are largely subjective, resulting in confusion on the part of both designers/developers and planning staff: this typically manifests in a bespoke and iterative review process that may be incongruous to another staff member’s interpretation. • Modular buildings and construction practices are a developing concern, especially as they pertain to satisfying building code, and best practices related to building articulation, massing, and step backs.
• Conflicts arise regarding inter- and intra-departmental review: planning staff, building, public works and other external parties such as PG&E can disagree on building and site configuration (streetscape is especially difficult to regulate consistently and efficiently). 201
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o Topics of conflict: private open space (including balconies); entryways (including patios); HVAC and utilities; mail and package delivery.

Best Practices & Suggestions
• Recognizing the need to develop design standards that can withstand aesthetic/design cycles, perhaps a degree of discretionary review can still be baked into the language (Ex. Developers satisfy all objective standards within certain topics, but some portion/percentage of the process involves negotiation and collaboration with staff). • Flexibility regarding ground-floor uses: not limiting applicants to strictly ground-floor retail, but offering other options (ex. public-facing open space, street-facing community spaces for building tenants, public art).
• Flexibility regarding façade treatment and finishes: building facades facing major roads/arterials might be subjected to a different set of criteria than facades facing local streets. • Introduction of standard typologies that allow consistent but context-specific regulations:
streetscapes/ROW design, planting/landscape.

March 4, 2021. Development Review Committee
General Feedback
• Mailbox and delivery access is especially important: especially in multi-family developments (such as townhouse developments), mailboxes are often clustered in a single area that is difficult to access. Standards need to foster a safe environment for pedestrians and people in vehicles alike.
• Solid waste removal: standardization of waste removal facilities could be regulated based on building type (ex. townhouse, condo, apartment, mixed-use commercial) • Vehicular circulation: designated space for alternative mobility options (rideshare, scooters) is needed, including associating standards related to signage, site access, and parking (temporary). Transit areas should also be considered and designed in a way that prevents local congestion.
• Parking + Loading/Unloading:
o Residential: residential tenants lack adequate spaces for loading/unloading (ex. moving vans), particularly at the front of buildings (issues of double-parking) o Mixed-Use/Commercial: parking ratio for retail parking conflict with residential ratios; emergency vehicle access is especially confusing.

B. Community Feedback
Recognizing that design standards will impact the work of both city staff as well as individual applicants, four one-on-one meetings have been facilitated where developers and designers have been invited to share insights, with particular emphasis on past or ongoing projects located in Milpitas. Contact information was facilitated directly by City Staff, and meetings were conducted on a voluntary basis.

Altogether, four meetings were conducted.

Experience in Milpitas
• Parcel sizes make non-structured parking difficult, especially when attempting to meet necessary density requirements. The issue is exacerbated by the costs and building-height limitations attributed to structured parking.
• Building heights and required density is sometimes inconsistent: building height maximums are often too low, especially regarding highest habitable floor. 202
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• Satisfying fire/public safety standards has been cumbersome, especially when attempting to design stairwells, setbacks, utilities, egress requirements. o In some cases, public safety standards utilize a much larger building typology (hi-rise) to establish standards, which are not appropriate for lower-density buildings (3-5 stories).

General Feedback
• Significant opposition regarding a prescriptive approach to regulating building materials, especially as they pertain to façade treatments
• Finished-floor heights are problematic with regards to construction practices, privacy, marketability, and security. Regulations could necessitate multiple unit entrances, inconsistent finish heights along a single building façade, need for additional screening/planting criteria. o City of San Francisco’s approach: for each additional foot above grade, applicants are allowed one additional foot of total building height, up to a specific maximum. • Suggestion to regulate residential density based on unit count rather than FAR. • Land prices demand good professionals in the Bay Area, too many design standards make development harder.
• Most common practice for developers is to use different architects for any given project.

Consequently, any design standards ought to be less prescriptive and more flexible. • Small block walkability standards should be specific. • Strongest appeal of objective design standards is the expedited review process, and eliminating the potential for case-by-case deviations/exactions • Utilize standard unit sizes/dimensions when development building standards, especially as they relate to desired façade breaks/articulation
• Look at the building code, build design standards back from that. • Recommend regulating buildings based on typologies that can be reasonably expected to appear in Milpitas, ex. townhomes, condos, row-houses (thereby eliminating building typologies that would not be approved)
• Task Fee + Affordable Housing Fee + Building Fees = 45-50K per unit, eliminates certain densities
• Challenges were not around design guidelines, Fire Department in Milpitas were too onerous, same with Public Works. Projects require up to 5 rounds of comments, comments go beyond code and are sometimes in conflict with Building Department. o building must be within 20' of back of walk, but the mandatory fire lane requirements are inconsistent with them
o stairwells must include fire service rooms(?) and must connect to the roof o Issues of hi-rise development standards being applied in-situ to smaller buildings, without considerations of practicality or applicability Modular Construction
• Additional building height is needed as a practical result of modular construction: stacking individual modules/units can typically require an additional 8 to 12 inches of vertical clearance per floor, which may exceed local building height maximums. • Upper-floor step backs are problematic and highly discouraged: although feasible from a construction perspective, they constitute significant hurdles both financially and practically.

Allowing for ways to reduce floor area on upper floors without specific façade step backs are more feasible.
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• Issues of variance approvals has deterred some developers from investing more heavily into modular design: although they might manage to satisfy zoning requirements, local building code regulations may not agree.
• Construction techniques discourages deviations in floor height: taller ground-floors for example are more difficult to negotiation, as the standard modular unit is 11’ floor-to-floor o Stacked parking is typically incongruous with modular construction, unless modular units are place atop a separately-constructed podium featuring taller floor-to-floor heights.
• Significant breaks/façade breaks are difficult to negotiate: a more feasible strategy would be to provide other design standards that can break up a façade without require a large break (ex. extruded or intruded balconies or windows) + prescribing a specific number of required breaks rather than a specific building/facade length.

V. Best Practices
Objective design standards have been implemented in a variety of ways, as each city takes an approach that works for their timeline and specific context. These standards commonly appear in specific and area plans, where sites are typically smaller in scale, and design considerations can be specifically tailored to the unique urban context and anticipated development. Additionally, objective design standards have been introduced into zoning codes where they can be regulated more holistically across an entire district or use type.

In order to analyze best practices when developing objective design standards, we reviewed a variety of example codes, area plans, and development standards to identify successful approaches to organization, structure, flexibility in design, and language. The analysis also helped establish precedents for specific topics and unique approaches to quantifying design criteria. This section includes a discussion of overall organization and structure (A), strategies for balancing flexible design with objective language and regulations (B), and a case study (C).

A complete list of the documents reviewed in our research can be found in VII. Appendix.

A. Organization & Structure
Given that objective design standards appear in a variety of contexts, their organization and structure are typically consistent with the document in which they are featured. As the state has not issued a universal format for regulating objective standards, standards can be organized in several approaches, including:
• Topics: where standards are organized into distinct and typically independent subjects and topics that may include building design, frontages and facades, landscaped areas, circulation, access, and streetscape.
• Land Uses + Building Typologies: where standards align with land uses such as housing, mixed-use, industrial, office, and open space. An alternative technique utilizes building typologies associated with common uses, such as residential (townhouses, mid-rise, mixeduse, high-rise) or parking (surface parking; sub-grade; podium). • Design Principles: where standards adhere to several key, usually qualitative, principles or goals.
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• Areas: where sites are portioned off into smaller units of planning, each containing a unique set of development and design standards that are context appropriate. This approach is synonymous with specific and master plans, planned development areas, and development agreements where the geographic area is scaled down, and contained within a specific geographic area or subset of parcels.
• Form-based Codes: where standards use individual building design and form as the primary means of regulating design, irrespective of land use or geographic area.

It is common for these approaches to be combined and re-organized, as each is not necessarily mutually exclusive. A Mixed Approach represents an alternative that combines components of several organizational approaches, and is oftentimes the most common approach to objective design standards. Topics are very often nested and duplicated under multiple land use categories, and design principles can be attached to any given topic and written as an associating design guideline to accompany an objective standard. Form-based codes are typically the exception, as their organization and underlying strategy for regulating design standards at the building level requires a comprehensive design for the area it is regulating.

Each approach has its merits, some of which are described in further detail here.

Topical Approach
Advantages
• Provides project applicants and reviewers a consistent structure, where all standards related to a single topic can be found in one section.
• Shares similar organization structure with zoning language, and can be integrated or appended without requiring significant changes to the code as a whole. • Scales successfully with a geographic-based approach, should the code require a unique set of standards for a specific neighborhood, overlay zone, or PD area.

Disadvantages
• Standards that fall under multiple categories can be difficult to place, or result in redundancies. For example, landscaping can appropriately categorized under open space, ROW/streetscape design, setback design, transitions between buildings and land uses, and surface parking.
• Individual standards can be difficult to craft to ensure their flexibility and adaptability to unique circumstances. Consequently, this approach typically requires additional language that accommodates variance requests or exemptions.

Example: Peery Park Specific Plan
Peery Park Specific Plan features two chapters related to objective design standards: the Development Code which
uniformly regulates building height, setbacks, and parking; and Design Guidelines which provide more specific details and standards in a similar organizational structure. The two sections work in tandem to provide applicants an organized and comprehensive inventory of requirements that they must satisfy.
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Land Use + Building Typologies Approach
Advantages
• Accommodates a piece-meal approach to making existing subjective language objective, as authors can afford to focus exclusively on a select number of land use types while leaving others unchanged. For example, objective standards can be limited exclusively to regulating multi-family and mixed-use developments, while other uses such as industrial or single-family residential need not be engaged.
• Shares similar organization structure with zoning language, and can be integrated or appended without requiring significant changes to the code as a whole. • Gives project applicants and developers a clearly defined set of self-contained design standards that are based primarily on their location and underlying land use, eliminating the need to cross-examine other documents or standards.

Disadvantages
• Lacks opportunity to accommodate objective design crieria for unique conditions or circumstances, such as parcels abutting natural areas or a railroad corridor. Standards are forced to be written as universal requirements that must cover all building types within the land use designation.
• Can result in repetitive and redundant language, where design standards are repeated across several similar but distinct variations of the same land use or building type. Multi-family residential for example may have three classifications/designations based on density or location, and each may require a near-identical set of regulatory standards that might differ in subtle ways.

Example: Lawrence Station Area Plan, Sunnyvale
Oriented around a major transit hub, the Lawrence Station Area Plan for Sunnyvale features a number of land uses that the plan uses to organize its associating guidelines and standards. These land uses differ from the current underlying zoning, as the specific plan allows the city to regulate these parcels at a finer grain of detail. Three distinct mixed-used designations, two commercial, an overlay zone, and one residential use each feature an individual set of objective standards. 206
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Design Principles Approach
Advantages
• Allows for a cohesive and goal-driven organizational structure, where individual standards are universally oriented around a consistent set of principles. • Principles provide insight to applicants regarding the underlying purpose and intention of a given standard, while the associating objective standards give clear direction to guide design. • Accommodates a semi-qualitative approach to design regulation that may be more accessible to a general audience who often have difficulty understanding the merits of individual, quantitative objective standards.

Disadvantages
• Requires that individual standards fit into higher-level categories or classifications that do not always scale or line up successfully.
• Requires significant thought and time to craft underlying design principles that fully encapsulate the broad range of topics that design standards entail. • Diverges significantly from the tone of most existing zoning language, making new objective standards revisions difficult to integrate.

Example: Lawrence Station Area Plan, Santa Clara
Santa Clara’s Lawrence Station Area Plan features many design principles oriented around key themes, such as architecture, streetscape, and public art. Each principle features a broad thesis that establishes a set of goals, and individual policies and design standards result from these goals. 207
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Example: David Baker Architects’ 9 Ways
Initially developed as an internal set of guiding principles, David Baker Architects have since repositioned their 9 Ways approach as a universal methodology for encouraging people-centric design. Coming from an architectural foundation, these principles are more specific to building and site design rather than area-wide goals and are intended to be applied comprehensively. Individual buildings should aspire to satisfy all 9 principles.

1. Reweave the Urban Fabric: Create, repair, and enhance connections within existing neighborhoods.

2. Make Big Moves: Design a bold and interesting building form.

3. A Little Goes a Long Way: Concentrate premium materials at points of shared enjoyment. Keep it simple everywhere else.

4. Activate the Edges: Energize the streetscape with a generous, mixed-use ground floor.

5. Be Welcoming: Set a positive Tone with a bright and engaging entryway.

6. Cultivate Connection: Place compatible uses together to add convenience and support social encounters.

7. Enlighten Circulation: Bring light and fresh air into hallways and stairs to connect with nature and encourage walking.

8. Get Personal: Reflect the character of the community and offer opportunities for expression.

9. Art for All: Use artwork to invigorate common spaces, help with wayfinding, and create a strong visual identity.

Area-based Approach
Advantages
• Allows for context-based design standards applied at a smaller scale, as individual areas can be regulated independently rather than relying on uniform and universal design standards across a larger geographic area.
• Accommodates unique circumstances such as creeks, railways, abutting open spaces, or adjacent industrial use by approaching these conditions as individual areas. • Accommodates a phased approach for development, particularly in a specific plan or master plan area.
• Compliments other organizational structures without significant revisions, where a topic- or land use-based structure can be developed for each individual area.

Disadvantages
• Potentially requires an entirely separate layer of land use organization and regulations, distinct from underling zoning designations.
• Requires additional consideration and expertise to accommodate unique contextual circumstances regarding how areas align with one another and their abutting areas. For example, regulations and standards regarding setbacks and transitions between land uses for example require greater attention and effort given the complexity of relationships. • Results in a non-uniform review of individual projects that may share similar underlying uses, but are regulated differently based on their assigned area. 208
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Example: Warm Springs Community Plan
Oriented around the Warm Springs BART Station, the Warm Springs Community Plan divides the plan area into 10 different components. Each area features a different set of development standards that regulates building intensity, allowable uses, and bulk requirements. Although some design standards are applied uniformly, they are inherently regulated by the limits defined for each area: high-rise buildings for example are not acceptable in the areas abutting low-density housing, limiting any proposed buildings to a reduced number of objective standards.

Form-based Codes
Advantages
• Allows jurisdictions a high degree of control when designing the initial set of building standards, as the nature of form-based codes necessitates a substantial level architectural details and design considerations.
• Results in a built landscape that is mostly harmonious and consistent in scale, façade treatment, architectural style, and character.
• Results in a very succinct review process, where reviewers and applicants alike have every building detail prescribed, and design review can utilize a simple checklist.

Disadvantages
• Lacks the features of conventional zoning practices such as district-wide setbacks, parking ratios, or FAR, typically resulting in complex standards. • Requires more specialized knowledge of design and architectural practices for applicants to successfully navigate the standards.
• Requires intensive details that may not scale successfully to city-wide contexts that feature numerous land uses, building types, and geographic conditions. 209
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Example: Pleasant Hill BART Station Property Code
The Pleasant Hill BART Station Property Code is designed to complement a corresponding master plan, and limits its content to strictly architectural standards and building envelope standards. The code identifies four building types, each based on a single land use (ex. commercial office, retail, townhouses). The code then prescribes exact height, bulk, and density standards, and prohibits any deviation from the prescribed requirements.

Mixed Approach
This method of organization aligns several previous strategies within a single document. It is most commonly applied to specific or master plans, but can certainly be incorporated into more traditional zoning formats. The advantages and disadvantages of a synthesized organizational structure are similar to those previously discussed, with the added flexibility that individual aspects can be adapted in a condensed or reduced format. For example, design principles can be introduced at the start of the document, but integrated into a topical approach where principles are referenced in individual categories of standards.

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. 211
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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. 212
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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 housescale, 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 standalone 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. 217
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CIR-2: Provide safe, healthy, comfortable, 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 those 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 emissions 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, highquality 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 singlefamily residential neighborhood. o B. Ensure residential unit entries face the public street. 219
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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, humanscaled 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 features, 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 pedestrianoriented 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 strengthen 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 220
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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-ofway. • 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 where 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 future 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 within 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 activity 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 project 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, Rosalynne 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 groundfloor 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 attracted 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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Milpitas Residential and Mixed-Use Objective Design Standards | 2 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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Milpitas Residential and Mixed-Use Objective Design Standards | 3 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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Milpitas Residential and Mixed-Use Objective Design Standards | 4 • 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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Milpitas Residential and Mixed-Use Objective Design Standards | 5 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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Milpitas Residential and Mixed-Use Objective Design Standards | 6 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 unplatted 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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Milpitas Residential and Mixed-Use Objective Design Standards | 7 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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Milpitas Residential and Mixed-Use Objective Design Standards | 8 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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Milpitas Residential and Mixed-Use Objective Design Standards | 9 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-ofway 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-andspecifications)

2. Where provided, curbs shall be a minimum 6" in height. Rolled curbs are prohibited. 238
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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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Milpitas Residential and Mixed-Use Objective Design Standards | 16 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. 244
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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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Milpitas Residential and Mixed-Use Objective Design Standards | 18 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-footwide 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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Milpitas Residential and Mixed-Use Objective Design Standards | 21 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 251
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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-ofway, 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 nonpassenger 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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Milpitas Residential and Mixed-Use Objective Design Standards | 30 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. 259
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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 footcandles. 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. 262
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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. 263
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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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Milpitas Residential and Mixed-Use Objective Design Standards | 37 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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Milpitas Residential and Mixed-Use Objective Design Standards | 38 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. 268
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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 streetfacing 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. 273
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Milpitas Residential and Mixed-Use Objective Design Standards | 46 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. 275
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Milpitas Residential and Mixed-Use Objective Design Standards | 48 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. 276
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Milpitas Residential and Mixed-Use Objective Design Standards | 49 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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Milpitas Residential and Mixed-Use Objective Design Standards | 50 b. Each distinct façade compositions shall meet the Variation in Façade Composition Standards (4.3.3) to be distinct from the other façade composition. 278
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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. 281
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Milpitas Residential and Mixed-Use Objective Design Standards | 54 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

4.3.3.2 285
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4.3.3.3 + 4.3.3.4
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Milpitas Residential and Mixed-Use Objective Design Standards | 59 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. 289
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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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Milpitas Residential and Mixed-Use Objective Design Standards | 63 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. 292
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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. 293
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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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Milpitas Residential and Mixed-Use Objective Design Standards | 67 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. 296
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Milpitas Residential and Mixed-Use Objective Design Standards | 69 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), multifamily 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, decks, 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 forprofit 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 residential lease is made this day of between ____________________ as Management (hereinafter referred to as "we" or "us") and as Resident (hereinafter referred to as "you").

We 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. Rent 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, and 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. 304
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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, clean, 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. 306
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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. 1000 Hillview Ct, Milpitas, CA 95035
669-350-2121
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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. 6th
313
Item # 15.

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.
314
Item # 15.

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.
315
Item # 15.

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 (VAWA), 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, tenancy, or occupancy rights of a victim of such violence.

All Adult Household member over 18 must sign the VAWA 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 VAWA 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 VAWA 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.
316
Item # 15.

REQUESTS FOR A VAWA ACCOMMODATION & “CERTIFICATION OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING, AND ALTERNATIVE DOCUMENTATION” FORM HUD5382. • Complete a VAWA 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
Item # 15.

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
318
Item # 15.

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 be 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 guest to and from the front desk. No guest will be permitted to stay in the Residential Community, including 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 Premises, or grounds. Resident's guests are required to observe the House Rules. Owner reserves the right to ban noncompliant 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/visitors 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 (21) 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 consideration for more than one (1) guest, not to exceed three (3) and for extended overnight guests to Owner.

Hillview Court Apts
1000 Hillview Ct
319
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 House Rules of the Residential Community.

Resident Name (print):

Resident Signature:

Date:

Owner Signature:

By (print name):

Date:

Kay Harris
320
Item # 15.

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 apartment.

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
321
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, garage 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 well 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 same 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
322
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 called "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

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 Management of any failures. I further certify that the foregoing report correctly represents the condition 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 unit. ______________________________ ___________ ____________________________________ ___________ 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
329
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 ( ) Shelves ( ) 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 that 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 Report 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.

Page 1 of 15 ends

Milpitas City CouncilAugust 16, 2022

Milpitas City Council
August 16, 2022