Milpitas City Council
October 18, 2022

Resolution No. 22-015
RESOLUTION NO. 22-015

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MILPITAS RECOMMENDING APPROVAL OF SITE DEVELOPMENT PERMIT NO. SD21-0009 AND PLANNED UNIT DEVELOPMENT AMENDMENT PA21-0002 TO THE MILPITAS CITY COUNCIL TO CONSTRUCT A NEW HILLSIDE HOME LOCATED ON A VACANT 1.135-ACRE SITE AT 1333 TERRA VISTA CT (APN: 029-07-010)

WHEREAS, on September 07 , 2021, an application was submitted by Barre Barns , of Veterans Design and Development (“Applicant”), for a development proposal to allow the construction of a 5,602-square foot, one and a half- story single-family residence (“Project”) on a vacant 1.135 acre site within Planned Unit Development No. 68 at 1333 Terra Vista Ct (APN: 029-07-010). The Project site is zoned Single Family Residential - Hillside; and WHEREAS, Planned Unit Development Amendment Permit No. PA21-0002 is also required to allow for a change from a 3 car to a 2 car garage, an increase from total allowed square footage of 5,000 square footage to 5, 602- square feet and changes in the exterior finishes within this project and associated Planned Unit Development Area, known as PUD 68; and

WHEREAS, the Planning Division completed an environmental assessment for the Project in acco rdance with the California Environmental Quality Act (C EQA), which assessment determined that the Project is exempt from CEQA review pursuant to Section 15303 (New Constru ction and Conversion of Small Structures) of the CEQA Guidelines and, as a separate and independent basis, pursuant to Section 15183 of the CEQA Guidelines; and WHEREAS, on September 28, 2022, the Planning Commission held a duly noticed public hearing on the subject application, at which all those in attendance were given the opportunity to speak on Project; and WHEREAS, the Planning Commissio n h as considered all of the written and oral testimony presented at the public hearing in making its decision; and
NOW THEREFORE, the Planning Commission of the City of Milpitas hereby finds, de termines and resolves as follows:

SECTION 1: Recitals.

The Planning Commission has considered the full record before it, which may include, but is not limited to such things as the staff report, testimony by staff and the public, and other materials and e vidence submitted or provided to it.

Furthermore, the recitals set forth above are found to be true and correct and incorporated herein by reference.

SECTION 2: CEQA Finding
The project is exempt from further environmental review under the California Environme ntal Quality Act (CEQA) pursuant to Section 15303(a) fo r “ New Construction or Conversion of Small Structures including one single - family residence, or a second dwelling unit in a residential zone,” because it can be seen with certainty that there is no possibility that these actions may have a significant effe ct on the environment. The Project’s proposed new construction of a single-family residence and its accessory structures are within a residentially zoned area on a legal parcel and none of the exceptio ns, as specified in Section 15300.2 of the CEQA Guideli nes that would pr eclude applicability of this exemption are present. As a separate and independent basis, the Project is exempt from Section 15183 of the CEQA Guidelines as a project consistent with a community plan, general plan or zoning in that it is co nsistent with the development density established in the Milpitas General Plan and the applicable zoning and there are no project-specific significant effects which are peculiar to this project or its site.

SECTION 3: Site Development Permit (Section XI-10-57.03(F)(1)) - The Planning Commission makes the following findings based on the evidence in the public record in approving Site Development Permit No. SD21-0009:

1. The layout of the site and design of the proposed buildings, structures and landscaping ar e c ompatible and aesthetically harmonious with adjacent and surrounding development.

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Resolution No. 22-015
The architectural design and site planning of the proposed home is aesthetically compatible with the neighboring homes with an emphasis of minimizing changes to the natural topography. The proposed home incorporates earth tone colors and is sited in a manner as to not draw attention when viewed from the valley floor.

2. The project is consistent with the Milpitas Zoning Ordinance.

The proposed home meets the development standards in the Single Family Hillside Zoning district and Countryside Estates PUD 68 for setbacks, height requirements, and landscaping and is requesting an amendment to PUD 68 for parking, total allowed square footage and exterior finishes. As demonstrated in Table 1 below.

Table 1:

Summary of Development Standards
Standards Hillside & PUD 68
Requirements
Proposed Complies
Front Setback
25 ft. minimum when avg.
slope is <16%.

Otherwise, 40 ft.
minimum
27 ft. and 5/8th of an inch
from the property line Yes
Side Yard Setback 40 ft. minimum 40 ft. on south, and 85 ft. on north. Yes
Rear 40 ft. minimum 140 feet Yes
Size of Main
Residence
6,000 sq. ft. maximum
(lots < 3 acres)
10,000 sq. ft. maximum
(lots > 3 acres)
5,602 sq. ft.

Yes
Impervious Surfaces
8,000 sq. ft. maximum
(lots < 3 acres)
30,000 sq. ft. maximum
(lots > 3 acres)
6,924 sq. ft.

Yes
Building Height
(Maximum)
17 ft. west of crestline;
27 ft. east of crestline
/ 1 ½ stories
1 ½ story or 22 feet and 9
inches

Yes
Parking

Four spaces required

Five spaces (two inside
garage & three outside) Yes
Crestline Zone of
Protection
Within three hundred
(300) feet easterly of the
crestline, structure heights
shall be restricted so that
no structure extends above
the crestline site line
Within 300 ft east of the
crestline, not visible from
the three closest
viewpoints nor does the
height of the structure
extend into the crestline
site line
Yes

Due to the subject property’s location, the project is also required to comply with the development standards in the City’s Hillside Combining District. Per MMC Section XI-10-45.09-7 of the Zoning Ordinance, t he Planning Commission and City Council shall c onsider the following guidelines in its DocuSign Envelope ID: 3BE7DB53-EA77-4E0F-93C3-F388916EA1DC 215
Item # C11.

Resolution No. 22-015
review. Staff has determined the Project to be consistent with the Hillside Architectural Guidelines as demonstrated in Table 2 below.

Table 2:

Hillside Zoning Ordinance Compliance
Site and Architectural Guidelines
Section 45.09-7
Consistency Finding
(a) Avoid unreasonable
interference with Views and
Privacy. The height, elevations and
placement on the site of the
proposed main or accessory
structure, when considered with
reference to the nature and location
of residential structures on
adjacent lots, will avoid
unreasonable interference with
views and privacy.

Consistent. Due to the proposed location and minimal
scale of the home in consideration to its maximum
allowable size outlined in Table 1, the development will not substantially interfere with views and privacy to
adjacent lots. In addition, the proposal exceeds all setback requirements, is within its 27-foot, two-story height limit at 22-feet and 9 inches, and substantially setback from adjacent residences to the north and south, which
minimizes interference with views and privacy. The
adjacent single-family residence located west of the
subject property is entirely on a downslope elevation and will not have any immediate line of sight to the subject property. Additionally, the majority of the subject lot to the east will remain undeveloped. The lot to the west is dedicated as Common Area only and will not be
developed with future residential uses.
(b) Preserve Natural Landscape.

The natural landscape will be
preserved insofar as practicable by
designing structures to follow the
natural contours of the site and
minimizing tree and soil removal.

Consistent. The project site is currently vacant and
undeveloped with a few shrubs on the higher sloped
southern portions of the lot and has no existing trees. As such, no trees will be removed. As proposed, the design of the house is carefully sited to be built on the flattest portions of the lot, following the natural landscape and existing contours of the site to limit cut and fill to an equal 865 cubic yards each. Minimal landscaping is also
proposed, including nine mid-size trees and various
flowering plants, ground cover, and shrubs.
(c) Minimize Perception of
Excessive Bulk. The design of the
proposed main and /or accessory
structure(s) in relation to the
immediate neighborhood should
minimize the perception of
excessive bulk.

Consistent. The proposed design includes varying
rooflines, a clear delineation of different colors and
materials, and punctuation of certain front and side facing elevations to remove the perception of bulk within the
one-and-a-half-story residence. The footprint of the
proposed home is also angled in its orientation to the front property line, thus minimizing the perception of excessive bulk. Furthermore, as described above and shown in
Table 1, the proposed main residence is proposed to be
sized in scale closer to immediate neighbors’ residences built on lots less than 3.0-acres in size. The overall building footprint of the main residence on the 1.135-acre lot is consolidated, and the remaining portions of the lot will also remain undeveloped, and no accessory structures are proposed.

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Resolution No. 22-015
Site and Architectural Guidelines
Section 45.09-7
Consistency Finding
(d) Impairment of Light and Air.

The proposed main or accessory
structure(s) shall not unreasonably
impair the light and air of adjacent
properties nor unreasonably impair
the ability of adjacent properties to
utilize solar energy.

Consistent. The proposed home will not exceed 27 feet in height as permitted for homes east of the crestline, and meets or exceeds all minimum setbacks as required by the Hillside development standards. The proposed home also has a combination of flat and minimally pitched roof
systems that could be used to utilize future solar energy.

With regards to adjacent properties, the lot to the west is reserved as Common Area and the residences to the east
are located greater than 429-feet away. As such, the
proposed main residence will not cause an impairment to the adjacent properties access to light and air.
(e) Grading. All grading shall be
kept to an absolute minimum and
shall comply with the grading
ordinance criteria.

Consistent. As proposed, the proposed location of the
main dwelling is where the existing lot is relatively flat, so grading is limited to 865 cubic yards of cut and fill. All graded soil will be repurposed as fill.

Site & Architectural Design
The project is designed in a Spanish Colonial style, which adds to the diversity of the neighborhood. The exterior materials are composed of smooth application stucco and a concrete tile roof. The articulation of the architect ural forms blending with a variety of finishes creates an attractive front elevation, along with an integrated driveway pattern that enhances the house and the neighborhood. All exterior materials and finishes work together as a palette of earth tone color s creating harmony with the surroundings. The colors and materials are complementary to the neighboring residences and within an earth tone range.

Grading and Landscaping
Due to the sloped lot and vehicular access requirements, the applicant has requested that the site be graded in order to make the site feasible for residential development. In an effort to limit the amount of ground to be removed, the applicant has proposed a site plan which locates the proposed home on the flattest portion of t he site, which will result in 865 cubic yards of cut and fill for the construction of a new home and the required grade at the driveway for firetruck access. The proposed landscape plan includes a variety of flowers, shrubs , and trees. As demonstrated in Attachment B (Project Plans) , these plans are consistent with the grading/landscaping requirements within the Hillside Ordinance.

Crestline Zone of Protection

In an effort to protect the quality of view s of the hills from the valley floor, development stan dards related to crestlines h ave been incorporated into the Zoning C ode. Per MMC Section XI-10-45.06, the purpose of the crestline zone of protection is to preserve the natural quality of the crestline and the slopes immediately below, when viewed from th e valley floor. An exhibit was g iven to the applicant demonstrating the location of prominent crestlines identified by the City. To demonstrate compliance with the crestline zone of protection, the applicant installed “story poles” along the building perimeter and took pictures from areas recognized by the City as “vantage points. As demonstrated in Attachment C, the project will not be visible from the valley floor, and therefore, is compliant with the Crestline Zone of Protection.

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Resolution No. 22-015

3. The project is consistent with the Milpitas General Plan.

The project is consistent with the Milpitas General Plan, and particularly with Policy CD 7 - 5, which states to limit new development in the Hillside Area to only to Very Low Density Residential, open space and park uses. The project meets this finding, as the site is a part of an approved Planned Unit Development, which subdivided lots planned for clustered housing. The proposed home is designed to fit in with the natural topographic features of the property and reduces the visual impact as viewed f rom the valley floor. As outlined in Table 3 below.

Table 3:

General Plan Consistency

Policy Conformance
CD 7-1 Maintain the visual
character of hillsides, recognizing
both the importance of the exposure
of hillside development from off-site
public views and the importance of
providing panoramic public views
from and of hillsides.

Consistent. The proposed Project will not impact the visual character of the hillside from the valley floor or other viewpoints as the project site is located over 100 feet west of the crestline. Project Plan sheets PL1 and PL2 illustrate how the proposed residence will not obstruct pa noramic public views from and of the hillsides.

CD 7-2 Minimize the alteration of
existing landforms and maintain the
natural topographic characteristics
of the hillside areas, allowing only
minimal disruption.

Consistent. The proposed Project will b e situated at the flattest portion of the lot to limit disruption to the existing natural topography by limiting cut and fill to 865 cubic yards for bo th construction phases. The total cut and fill will balance each other out to accommodate the home's foo tprint and meet the required grade at the proposed driveway.

CD 7-3 Protect the natural character
of hillside areas by means of
contour grading to blend graded
slopes and terraces with the natural
topography.

Consistent. Minimal contour grading wil l be required for the construction of the new residence due to its siting on the flattest areas of the lot. All new contours will be design ed to blend with the natural existing site contours as demonstrated in the civil drawings in the plan set.

CD 7-4 Avoid mass graded pads
within hillside areas. Smaller steps
or grade changes should be used
over single, large, slope banks to the
greatest extent feasible.

Consistent. The building pad is proposed at the flattest portion of the lot and will only necessitate minimal grading, including equal cut and fill. Grading has been substantially minimized in the Project, in that the siting follows the site's natural contours in a n effort to preserve the natural terrain quality.

CD 7-5 Ensure that any change in
hillside land use is accompanied by
appropriate safety measures and that
the environmental constraints are
adequately addressed especially with
respect to runoff and erosion.

Consistent. No changes are proposed to the existing land use and zoning designation , as the subject site is to be used as a single-family residence.

CD 7-6 Require hillside development
to incorporate architecture, scale,
massing, building form, building
color, roof materials, and
landscaping to reflect the natural
hillside setting.

Consistent. The proposed Project will not impact the visual character of the hillside from the valley floor or other viewpoints as the project site is located over 100 feet west of the crestline. Project Plan sheets PL1 and PL2 illustrate how the proposed residence will not obstruct pa noramic public views from and of the hillsides.

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Item # C11.

Resolution No. 22-015

As described above, the Project is compatible and consistent with the s urrounding uses and has been found to conform to the intent of the Milpitas 2040 General Plan designation. The proposed home is designed to fit in with the natural topographic features of the property and reduces the visual impact as viewed from the valley floor.

SECTION 4: Planned Unit Development (Section XI-10-54.07(B)(6)(a-c)) – The Planning Commission makes the following standard requirements based on the evidence in the public record in support of the Planned Unit Development Amendment. PA21-0002:

1. The proposed developme nt will re sult in an intens ity of land utilization no higher than and standards of open spaces at least as high as permitted or specified otherwise for such development in the General Plan, Zoning Ordinance and Subdivision ordinance.

The permit amendment, along with the project, will result in an intensity no higher than and standards of open space at least as high as permitted, in that the PUD requirements mirror the Hillside combining zoning requirements, in regard to land utilization, planting, irrigation, and open space. This standard has been met.

2. The development will not create traff ic congestion pursuant to the California Environment Quality Act (CEQA).

However, if traffic congestion is created by the proposed dev elopment, the traffic impacts will be mitigated by traffic improvements proposed by the developer or by funding capital projects and by on-site provisions for traffic circulation and parking or, if it cannot be mitigated, the Planning Commission and City C ouncil shall issue any necessary findings pursuant to CEQA.

The project associated with the PUD permit amendment, will not create traffic congestion that will significantly and negatively affect existing traffic operations. This standard has been met.

3. For residential development in the Valley Floor Planning Area, as defined in the Milpitas General Plan Land Use Element, the maximum dwelling unit density per gross acre shall be the upper limit of the corresponding General Plan density range within each z oning desig nation. In the case of t he Valley Floor Planning Ar ea residential developments proposed on land zoned "R3" (Mul tiple Family Residential) an overall density of up to forty (40) units per gross acre can be approved if the following criteria are found by the City Council to be met

The proposed the PUD permit amendment shall not have any effect on residential development density.

This standard has been met.

Furthermore, in order to grant a Planned Unit Development amendment, the following findings are hereby made pursuant to Milpitas Municipal Code Section XI-10-54.07(B)(6)(d):

1. Development of the site under the prov isions of the Planned Unit Development will result in public benefit not otherwise attainable by application of the regulations of general zoning districts.

The amendment, along with the project, will resul t in a public benefit in regards to the flexibility to allow a smaller garage, more square footage for the residential structure and changes to the exterior, without being detrimental to the light, air or privacy of any other structure or use currently exi sting or anticipated.

2. The proposed Planned Unit Development is consistent with the Milpitas General Plan.

The amendment, along with the project is consistent with the Milpitas Ge neral Plan, as demonstrated and outlined in Table 3 above.

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Page
7 of

13 Resolution No. 22
-
015

3. The proposed development will be in ha
rmon
y with the character of the surrounding neighborhood and will have no adverse effects upon the adjacent or surrounding development, such as shadows, view obs
truction
, or loss
of
privacy that a
re not mitigated to acceptable levels.

The architectural design and site planning of the proposed home are aesthetically compatible with the neighboring homes, with an emphasis of minimizing changes to the natural t opo
graphy.

The proposed
home incorporates earth tone colors and is sited
in a manner as to not draw attention to it when viewing from the valley floor.

All exterior materials and finishes work together as a palette of earth tone colors, creating harmony w
ith

the sur
roundings. The colors and materials are complementary to the n eighboring
residences. Additionally, the proposed home is on a 1.
135
-
acre parcel sitting at a minimum of
25’

set
back from all property lines
,

with a minimum of
80’

between the closes
t n
eighbori
ng home
,

and
therefore will not interfere with privacy
.

SECTION
6 :

The Planning Commission of the City
of Mil
pitas hereby
recommends the City Council approve
Site Development
Permit No.

SD21
-
0009

and Planned Unit Development Amendment
PA21
-
000
2 and

adopt R
esolution
No.
22 -
0 15

to allo
w the constructio
n of a single
-
family residence in the hillside district
,

based o
n the above findings and
subject to the Conditions of Approval attached hereto as Exhibit 1

incorporated herein.

PASSED AND ADOPTED

at
a r
egular m
eeting of the Plan
ning Commi
ssion of the City

of Milpitas
on
September

2 8
,
2022

Chair

TO WIT:

I HEREBY CE
RTIFY

that the following resolution was duly adopted at a regular meeting of the Planning Commission of the City of Milpitas on
Septembe
r

2 8
,
2022
,

and carried by th
e followin
g roll call vote:

COMMISSIONER

AYES

NOES

ABSENT

ABSTAIN

Mercedes Albana

D
ipak Awasthi

Bill Chuan

Larry Ciardella

Alexander Galang

Sonia
Medina
-
Ashby

Zeya Mohsin

Mercedes Albana

X
X
X
X
X
X
X
X
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Item # C11.

Resolution No. 22-015
EXHIBIT 1

CONDITIONS OF APPROVAL
1333 TERRA VISTA CT
SITE DEVELOPMENT PERMIT NO. P-SD21-0009 AND
PLANNED UNIT DEVELOPMENT AMENDMENT PA21-0002 (APN 029-07-010)

General Conditions

1. General Compliance. The applicant and owner, including all successo rs in inter est (collectively “Permittee”) shall comply with each and every condition set forth in this Permit. Site Development Permit No. SD21-0009 and Planned Unit Development Amendment PA21-0001 (“Permit”) shall have no force or effect and no building p ermit shall be issued unless and until all things requir ed by the below -enumerated precedent conditions have been perfor med or caused to be performed and this Resolution has been recorded by the Permittee with the Santa Clara County’s Recorder Office. (P)

2. Modifications to project. Any deviation from the appro ved site plan, floor plans, or other approved submit tal shall require that, prior to the issuance of building permits, the Permittee shall submit modified plans and any other applicable materials as required by the City for review and obtain the approval of the Planning Director or Designee.

If the Plannin g Director o r designee determines that the deviation is significant, the Permittee shall be required to apply for review and obtain approval of the Planning Commission, in accordance with the Zoning Ordinance. (P)

3. Effective Date . Unless there is a timely appeal filed in accordance with the Milpitas Zoning Code, the date of approval of this Permit is the date on which the decision-making body approved this Permit. (P)

4. Acceptance of Permit. Should Permitte e fail to file a timely appeal within twelve (12) ca lendar days of the date of approval of this Permit, inaction by Permittee shall be deemed to constitute each of the following:
a. Acceptance of this Permit by Permittee; and
b. Agreement by the Permittee to be bound by, comply with, and to do all things requi red of or by Permittee pursuant to all of the terms, obligations, and conditions of this Permit.

5. Permit Expiration. Pursuant to Section XI -10-64.06 of the Milpitas Zoning Code, this Permit shall become n ull and void if the activity permitted by this Permit is not commenced within two (2) years from the date of approval, or for a project submitted with a tentative map, within the time limits of the ap proved tentative map. Pursuant to Section XI- 10-64.06(B) of the Milpitas Zoning Code, an activity permitted by this Per mit shall be deemed to have commenced when the project:
a. Completes a foundation associated with the project; or b. Dedicates any land or easement as required from the zoning action; or c. Complies with all legal requirements necessary to commence the use, or obtains an occupancy permit, whichever is sooner.

6. Time Extension. Pursuant to Section XI -10-64.07 of the Milpitas Zoning Code, unless otherwise provided by State law, Permittee shall have the right to request a one-time extension of the Permit if the request is made in writing to the Planning Division prior to the expiration date of the approval. (P)

7. Project Job Account . If Perm ittee’s pro ject job account i s at any t ime delinquent or below the required deposit amount, City will not continue to review or process the application until Permittee’s private job account is paid in full and the required deposit has been made. Additiona lly, prior to the issuance of any building permit or occ upancy permit, as applicable, Permittee shall pay in full the pr oject account balance and establish a remaining balance of at least twenty-five percent (25%) of the required initial deposit. (P)

8. Notice. Pursuant to California Go vernment Code Section 66020, any protest filed in court relating to the imposit ion of fees, dedication, reservations, or other exactions to be imposed on the development project shall be filed within ninety (90) days after the date of the adoption of this Resolution. This provision serves as notice from the local agency to the Permi ttee that th e ninety (90) day period in which the applicant may file a protest has begun under California Government Code Section 66020(d)(1). (P)
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Resolution No. 22-015

9. Cost and Approval. Permittee shall fully complete and sa tisfy each and every condition set forth in this Res olution and any other condition applicable to the project to the sole satisfaction of the City. Additionally, Permittee shall be solely responsible and liable for the cost to s atisfy each and every condi tion. Permittee shall pay all required fees and charges to Ci ty at the rate in effect at time of building permit issuance, or, the rate in effect when the fees and charges are due and paid in full to City. T here is no vesting of any fe es or charges wit h the adoption of this Resolution. (P)

10. Conditions. Each and every condition set forth in this Exhibit shall apply to the project and continue to apply to the project so long as the Permittee is operating the project under the permits and approvals in this Resolution. (P)

11. Compliance with Laws. The construction, use, and all related activity authorized under this Permit shall comply with all applicable local, state, and federal laws, rules, regulations, guidelines, requirements, and policies. (CA/P)

12. Previous Approvals . Permittee shall abide and continue to comply w ith all previous City approvals, permits, or requirements relating to the subject property, unless explicitly superseded or revised by this Permit. (P)

13. Indemnification. To the fullest extent permitted by law, Permittee shall indemnify, defen d with counsel of the City’s choosing, and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obliga tions, damages, actions, causes of action, suits, lo sses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatso ever which may arise from o r in any manner relate (directly or indirectly) to (i) City's approval of the project, including but not limited to, the approval of the discretionary permits, maps under the Subdivision Map Act, and/ or the City 's related determi nations or actions under th e California Environmental Quality Act, and (ii) Per mittee’s construction, operation, use, or related activity under this Permit.

This indemnification shall include, but not be limited to, damages aw arded again st the City, if an y, costs o f suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proc eeding. Permittee shall indemnify the City for all of C ity's costs, attorneys' fees, and damages which City incurs in e nforcing the indemnification provisions set forth in this condition. Permittee shall pay to the City upon demand or, as applicable, to counsel of City’s choosing, a ny amount owed pursuant to the indemnification requirements prescribed in this condition. (CA)

14. Revocation, Suspension, Modification . This Permit may be suspended, revoked, or modified in accordance with Section XI-10-63.06 of the Milpitas Zoning Code. (P)

15. Severability. If any ter m, provision, or condition of this Permit is held to be illegal or unenforceable by the Court, such term, provision, or condition shall be severed and shall be inoperative, and the remainder of this P ermit shall remain operative, binding, and fully enforceable.

16. Permittee shall develop the approved project in conforman ce with the approved plans approved by the Planning Commission on September 28, 2022, in accordance with these Conditions of Approval. (P) Any deviation from the app roved site plan, elevations, materials, colors, landscape plan, or other approved s ubmittal shall require that, prior to the issuance of building permits, the Permittee shall submit modified plans and any other applicable materials as required by the City for review and obtain the approval of the Planning Director or Designee.

If the Pl anning Director or designee determines that the deviation is significant, Permittee shall be required to apply for review and obtain approval of the Planning Commission or C ity Council, as applicable, in accordance with the Milpitas Zoning Code. (P)

17. Response to Co nditions of Approval . Permittee shall provide a written response to comments upon submittal for building permit application. The responses should clearly indicate how each condition of approval has been addressed in the plans and shall note the appropriate plan sheet. (P)

18. Prior to the issuance of a building permit, the owner or designee shall include within the four first pages of the working drawings for a plan check , a list o f all conditions of approval imposed by the final approval of the project . (P)

19. Streets shall be designed to generally follow the contours and land form in order to minimize cut and fill. Exposed walls and facing roadways and retaining walls shall be no greater than six feet in height. Crib walls fencing roadways shall be no greater than 15 feet in height. (P)
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Resolution No. 22-015

20. Landscaping coverage and stabilization of graded slopes shall be selected and designed to be compatible with surrounding natural vegetati on or to r eplace removed na tural vegetation and should recognize climatic, soil, an d ecologic characteristic of the region. Plan materials that require excessive water after becoming established should be avoided. (P)

21. Trees which have a six inch or greater diameter trunk size at a point three feet above grade may not be removed without obtaining prior approval from the City. The location of all such trees shall be shown on all plans submitted for approval. The Planning Commission, upon review of an “S” Zone application approval, shall have the power to authorize removal, relocation or replacement if the Permittee can show that such requirement is unreasonable as applied to the particular property. If the removal is permitted, the replacement of any trees removed pursuant to this section shall be at a five to one (5:1) ratio. (P)

22. The proposed home is located west of the Crestline and is subject to a maximum height of 1.5 stories or 26 feet.

23. Within six months, or such other period established by the Planning Commission, after the commencement of grading activities, all graded areas not covered by an impervious surface shall be stabilized in such manner as shall be approved by the Community Development Manager. (P)

24. Where two cut-or-fill slopes intersect, the intersection shall be horizontally rounded and blended. (P)

25. Where any cut -or-fill slop es i ntersect the natural grade, the intersection of each slope shall be vertically and/or horizontally rounded and blended. (P)

26. Fees: Upon reviewing Exhibit B from the Subdivision Improvement Agreement, it appears that a number of fees were deferred to be paid before building permit issuance. Those fees are listed here a. Prior to the final (occ upancy) of each building, a cash fee ($1333.00/ per dwelling unit) to cover t he development pf park and recreations areas shall be collected by the City for the granting of the PUD.

27. Prior to Buil ding Permit Issuance, the applicant must demonstrate proof in accordance with “Special Conditions – P.U.D. No. 68 and Vesting Tentati ve Map “Countryside Estates,” that the development at “ADDRESS OF DEVELOPMENT” will be serviced by a fire hydrant that mee ts the minimum water demand of 1,500 hydrant fire flow to the satisfaction of the Deputy Fire Chief, or his designee. (P) (P) Fire Department

28. The project/development shall comply with the requirements of the Fire Department and the California Fire Code, as outlined, as may be amended by the City of Mil pitas. Changes to the site plan and/or internal circulation sha ll be reviewed and approved by the Fire Department. (F)

29. Fire Department Access
a. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather capabilities. Bearing capacity for the driveway and the entry drive court shall be designed to provide a minimum of 50,000 lbs. bearing capacity for the fire apparatus. CFC Section 503.2.3
b. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of 13 feet 6 inches (4115 mm).

30. An approved automatic fire sprinkler system (NFPA 13D minimum) shall be provided for all structures (living space, garage, outdoor spaces attached to the home, pool cabana, ADU, etc.). California Fire Code Section 903.2 amended by Milpitas Municipal Code V-300-2.82.
a. FIRE SPRINKLERS for NEW HOMES

30.a.1. An approved automatic fire sprinkler system (NFPA 13D minimum) shall be provided for the home (living space, garage, outdoor spaces attached to the home, etc.). California Fire Code Section 903.2, amended by Milpitas Municipal Code V-300-2.62

30.a.2. FIRE DEPARTMENT PERMIT – REQUIRED
The Milpitas Fire Department shall approve new installation and/or modifications to existing fire DocuSign Envelope ID: 3BE7DB53-EA77-4E0F-93C3-F388916EA1DC 223
Item # C11.

Resolution No. 22-015
protection, alarm or monitoring system(s). A separate submittal is required to the Milpitas Fire Department, for review and approval, prior to the commencement of any work. CFC Section 901.2

30.a.3. WATER SUPPLY SERVICE TO THE HOME
The existing water supply service to the home may need upgrading to service the automatic fire sprinkler system. All new water services shall be done as required by the City of Milpitas Engineering Division.

31. ACCESS CONTROL DEVICES. When access control devices including bars, grates, gates, electric or magnetic locks or similar devices, which would inhibit rapid fire department emergency access to the building, are installed, such devices shall be approved by the fire code official. All access control devices shall be provided with an approved means for deactivation or unlocking by the fire department. Access control devices shall also comply with Chapter 10 Egress. (Knox box location shall be at 6 feet above the finish floor, or fire access walkway or road).

32. SITE ADDRESS. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numerals or alphabet letters and shall be consistent with Milpitas standardized addressing guidelines.

Where access is by means of a private road the building cannot be viewed by the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained.

33. KEY BOX. The Fire Code Official is authorized to require a key box to be installed in an approved location if necessary, for lifesaving or firefighting purpose. The key box shall be of an approved type listed in accordance with UL 1037, and shall contain keys to gain necessary access as required by the fire code official. (Knox box location shall be at 6 feet above finish floor, or fire access walkway or road).

Building Department

34. Compliance with Building Code of Regulations . The Project shall comply with the requirements of the Bu ilding Safety and Housing Department and the California Cod e of Regulations Title 24 and the Milpitas Municipal Code as adopted by the City. Building permits shall be submitted to and approved by the Building Safety and Housing Department prior to start of construction. All California Code of Regulations Title 24 and Milpitas Municipal Code requirements applicable at the time of building permit application must be met in advance o f any building permit approvals or related construction. Changes to the site plan and/or building plan require review and approval by t he Building Safety and Housing Department. (B)

Engineering Department

PRIOR TO CONSTRUCTION PLAN SUBMITTALS
The following conditions shall be met prior to any detailed construction plan check sub mittals (Building or Engineering, except demolition and rough grade plans), unless otherwise approved by the Director of Engineering/City Engineer. City reserves the right to reject any plan check submittal if any of the following conditions are not met. (E)

35. Stormwater Control Plan: Permittee shall submit City approved final Stormwater Control Plan (SWCP) that complies with the latest Municipal Regional Stormwater NPDES Permit, in cluding Low Impact Development (LID) Section C3.c.i.(2)(b) measures for harvesting and reuse, infiltration, or evapo-transpiration, for City’s review and approval by the Engineering Department.

36. Submittal Requirements: Permittee to ensure that all plan che ck submittals are in accordance with City’s submittal check list for each per mit type, including but not limited to, payment of permit f ees and/or fee deposit at the time of the submittal.

PRIOR TO OFF-SITE PLAN APPROVAL/ENCROACHMENT PERMIT ISSUANCE The following conditions shall be addressed as part of the off -site improvement p lan review and shall be met prior to encroachment permit issuance, unless otherwise approved by the Director of Engineering/City Engineer. (E)

37. Public Improvement Design Standards : All public improvements shall be designed and constructed in accordance with all applicable public improvement design standards, including but not limited to:

DocuSign Envelope ID: 3BE7DB53-EA77-4E0F-93C3-F388916EA1DC 224
Item # C11.

Resolution No. 22-015
a. Milpitas Design Guidelines: (http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/design-guidelines/); b. Standard details and specifications: (http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/standard- details-and-specifications/);
c. Americans with Disabilities Act (ADA) requirements, where applicable.

38. Storm Drain Design : Permittee shall submit storm drain hydrology an d hydraulic calculations based upon a 10 -year storm event to justify the size of the storm drain lateral flowing full, without surcharging the main line pipe, and to be reviewed and approved by the Engineering Department.

39. Domestic Water and Fire Service Calculations: Permittee shall submit potable water and fire service calculati ons to confirm adequacy of lateral size, pressure and flow, to be reviewed and approved by the Engineering Department and Fire Department. Hydraulic modeling analysis by the City and paid by the Permittee may be required as needed.

Permittee shall be respo nsible to implement any necessary improvements if t here is any identified deficiency to the existing main as a result of the project.

40. Water Service Agreement: Permittee shall complete a water service agreement to obtain water service.

41. Encroachment Permit: Prior to any work in the public right -of-way and/or public easement, obtain an encro achment permit with insuran ce requirements for all public improvements including a traffic control plan per the latest California Manual on Uniform Traffic Control Devi ces (MUTCD) standards to be reviewed and approved b y the Engineering Department.

42. Pothole Encroachment Permit : Due to new utility service connections on City streets, Permittee sh all pothole and verify all potential utility crossing conflict as part of the public improvement plan during the design stage.

43. Water E fficient La ndscapes: Permitte e shall co mply with Milpita s Municipal Code Title VIII, Chapter 5 Water Efficient Landscapes for landscape design, including but not limited to, providing separate wate r meters for domestic water service and irrigation service and providing applicable landscape documentation package.

44. Solid Waste and Recycling Facility Design : Permittee shall c omply with all applicable C ity design guidelines/details associated with haul route, turning radius, vertical and horizontal clearance, trash enclosure, staging area, storage area, etc.

45. Solid Waste Management: The project must meet all Milpitas Sanitation and SB 1383 requirements f or solid waste management.

46. Mailboxes: The Permitt ee shall obtain information from the US Postal Services reg arding plac ement of required mailboxes. Structures to protect mailboxes may require Building, Engineering and Planning Divisions review.

DURING CONSTRUCTION
The following conditions shall be complied with at all times during the construction phase of the project, unless otherwise approved by the Director of Engineering/City Engineer. (E)

47. Dewatering: If dewatering is need ed during construction, Permittee shall obtain a Short -Term Industrial Wastewater Permit from the San Jose/Santa Clara Water Pollution C ontrol Plant for discharging the groundwater to a sanita ry sewer system.

48. On-site Recycle Water Coo rdination: Permittee’ s cross -connection specialist shall coordinate the phasing of the construction; facilitate the cross -connection testing in order to mini mize the im pact for occupied buildings during cross-connection testing; sign-off before the water m eter set; coordinate on-site construction inspection; complete the site inspection; fill out requi red paperwork/questionnaire; and provide them to the City f or forwarding to South Bay Water Recycling.

DocuSign Envelope ID: 3BE7DB53-EA77-4E0F-93C3-F388916EA1DC 225
Item # C11.

Resolution No. 22-015

49. Prohibition of Potable Water Usage : Permittee shall u se recycled water for construction purposes, including dust control and compaction. Permittee shal l comply with MMC VIII -6-5.00 and 6 -6.00 where potable wate r usage is prohibited, unless otherwise approved by the City Council.

50. Construction Staging and E mployee Parking: Permittee shall place all construction related materials, equipment, and arrange construction workers parking on-site and not located in the public right-of-ways or public easements.

51. Water Shut-down Plan: Permtie shall provide a water shut-down plan at least seven days in advance of the shut-down in coordination with the Engineering Inspector and notify affected property owners/tenants whe n cut-in tee(s) is/are required.

PRIOR TO FIRST OCCUPANCY
The following conditions shall be met prior to first building occupancy on either lot, unless otherwise approved the Director of Engineering/City Engineer.

52. Completion of Public Improvements : Permittee shall complete all public improvements, including but not limited to frontage improvements and fire hydrants, as shown on City approved plans.

53. Landscape Certificate of Completion : Permittee shall submit a Certificate of Substantial Completion that complies with the Milpitas Municipal Code Water Efficient Landscapes ordinance.

51. Fees: Upon reviewing Exhibit B from the Subdivision Improvement Agreement, it appears that a number of fees were deferred to be paid before building permit issuance. Those fe es are listed here, as well a s additional fees that may apply:
a. Hillside water reimbursement fee: $12,010
b. Treatment Plant Fee: $880 per dwelling
c. Cost of meter purchases: these were listed in Exhibit B, but the City no longer collects those. Instead, we have the customer order the meters through our supplier and pay the supplier directly. d. Sewer connection fee: $1,908 single family parcel (separate from Treatment Plant fee) e. Storm Drain Connection Fee: $3,594 for single family parcels 1 acre to 4 acres (P) = Planning (B) = Building
(E) = Engineering (F) = Fire Prevention (CA) = City Attorney

NOTICE OF RIGHT TO PROTEST
The Co nditions of Project Approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d)(1), these Conditions constitute written notice of a statement of the am ount of such fees, and a descript ion of the dedications, reservations, and other exactions.

You are hereby further notified that the 90 -day approva l period in which you may protest these f ees, dedications, reservations, and other exactions, pursuant to Gov ernment Code Section 66020(a), be gan on date of adoption of this resolution. If you fail to file a protest within this 90 -day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.

AGREEMENT
Permittee/Property Owner

The undersigned agrees to each and every condition of approval and acknowledges the NOTICE OF RIGHT TO PROTEST and hereby agrees to use the project property on the terms and conditions set forth in this resolution.

Dated: _________________ ______________________________________ Signature of Permittee
DocuSign Envelope ID: 3BE7DB53-EA77-4E0F-93C3-F388916EA1DC 226
Item # C11.

Certificate Of Completion
Envelope Id: 3BE7DB53EA774E0F93C3F388916EA1DC
Status: Completed
Subject: Complete with DocuSign: Attachment A Resolution 22-015 DocuSign.pdf Source Envelope:

Document Pages: 13
Signatures: 1
Envelope Originator:

Certificate Pages: 5
Initials: 0
Elizabeth Medina
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 E Calaveras Blvd
Milpitas, CA 95035
[email protected]
IP Address: 50.59.22.2
Record Tracking
Status: Original
September 29, 2022 | 13:39
Holder: Elizabeth Medina
[email protected]
Location: DocuSign
Signer Events
Signature
Timestamp
Chair Bill Chuan
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 107.77.214.230
Signed using mobile
Sent: September 29, 2022 | 13:40
Viewed: September 29, 2022 | 14:07
Signed: September 29, 2022 | 14:08
Electronic Record and Signature Disclosure:

Accepted: September 29, 2022 | 14:07
ID: cf0d40d3-7298-4859-9946-284bfee60ccf
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Timestamp
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Avery Stark
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: September 29, 2022 | 14:08
Electronic Record and Signature Disclosure:

Accepted: September 7, 2022 | 11:04
ID: 0f1be86d-7131-481c-bc22-4ab9e5f4e036
Elizabeth Medina
[email protected]
Administrative Assistant
City of Milpitas
Security Level: Email, Account Authentication
(None)
Sent: September 29, 2022 | 14:08
Resent: September 29, 2022 | 14:08
Viewed: September 29, 2022 | 14:12
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
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227
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Notary Events
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Hashed/Encrypted
September 29, 2022 | 13:40
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Security Checked
September 29, 2022 | 14:08
Completed
Security Checked
September 29, 2022 | 14:08
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228
Item # C11.

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Carahsoft OBO City of Milpitas (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: January 13, 2020 | 13:50 Parties agreed to: Chair Bill Chuan, Avery Stark
229
Item # C11.

Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact Carahsoft OBO City of Milpitas:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected]

To advise Carahsoft OBO City of Milpitas of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from Carahsoft OBO City of Milpitas To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with Carahsoft OBO City of Milpitas To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
230
Item # C11.
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

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The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify Carahsoft OBO City of Milpitas as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Carahsoft OBO City of Milpitas during the course of your relationship with Carahsoft OBO City of Milpitas.
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Item # C11.

THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:
3D Views
PL.6
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
Revision
Revision
Number
Revision
Date
1333 TERRA VISTA CT.

MILPITAS, CA. 95035
JULY 30TH,2022
232
Item # C11.

CRESTLINE - EXHIBIT ACRESTLINE ZONE OF PROTECTION: REFERENCE MAP - EXHIBIT B

PROJECT LOCATION
PUD No:68
APN:029 -07 -010

PROJECT LOCATION
APN:029 -07 -010

CRESTLINE

DISTANCE FROM VIEWPORT TO LOCATION OF PROJECT

VIEWPORT IMAGES
A- VP2 - DIXON RD & CONWAY ST.

THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:
3/32" = 1'-0" PLANNING SUBMITTAL
PL.1
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VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
Revision
Revision
Number
Revision
Date

PROPOSED BLDG

CONCEALED BEHIND HILL
JULY 30TH,2022
233
Item # C11.

DISTANCE FROM VIEWPORT TO LOCATION OF PROJECT

VIEWPORT IMAGES
B- VP3 - ESCUELA PKWY & MANZANO ST.

VIEWPORT IMAGES
D- VP5 - N. PARK VICTORIA DR & PARK VIEW DR
C- VP4 - JACKLIN RD. & N.HILLVIEW DR.

PROPOSED BLDG CONCEALED BEHING HILL

VIEWPORT IMAGES
THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:
3/32" = 1'-0" PLANNING SUBMITTAL
PL.2
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
Revision
Revision
Number
Revision
Date
JULY 30TH,2022

PROPOSED BLDG CONCEALED BEHIND HILL

PROPOSED BLDG CONCEALED BEHIND HILL
234
Item # C11.

CITY OF MILPITAS: CRESTLINE ZONE OF PROTECTION: REFERENCE MAP

PROJECT LOCATION
PUD No:68
APN:029 -07 -010
B

CRESTLINE
B
A
A
C
C
D
D
THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:
3/16" = 1'-0" PLANNING SUBMITTAL
PL.3
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VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
Revision
Revision
Number
Revision
Date
JULY 30TH,2022
235
Item # C11.
+480
PAD @ +474'
+440 +400
+360
+320
+280
+240
+200
T.O ROOF +493' -10"
FF=476.75'
VP2 -SITE SECTION A
Scale=1"=200'
+160
+120
VP2 - EYE LEVEL

DIXON & CONWAY ST

STRUCTURE VISIBLE FROM VIEWPORT
5984' - 0"
+480
PAD @ +474'
+440
+400 FF=476.75'
VP3 -SITE SECTION B
Scale=1"=200'
VP3 - EYE LEVEL
ESCUELA PRWY & MANZANO ST.

STRUCTURE NOT VISIBLE FROM VIEWPORT
5049' - 0"
+480
PAD @ +474'
+440
+400
+360
+320 +280
+200
T.O ROOF +493' -10"
FF=476.75'
VP4 -SITE SECTION C
Scale=1"=200'
+160
+40
VP4 - EYE LEVEL
JACKLIN RD. & N.HILLVIEW DR.

STRUCTURE NOT VISIBLE FROM VIEWPORT
4306' - 0"

LINE OF SIGHT

LINE OF SIGHT

LINE OF SIGHT

LINE OF SIGHT
+100 +80
+50
+80 +80
+120

LINE OF CRESTLINE

LINE OF SIGHT

LINE OF

CRESTLINE

LINE OF CRESTLINE
+480
PAD @ +474'
+440
+400 +360
+320
+280
+240
+200
T.O ROOF +493' -10"
FF=476.75'
VP5 -SITE SECTION D
Scale=1"=200'
+160
+80
VP5 - EYE LEVEL
N. PARK VICTORIA DR & PARK VIEW DR

STRUCTURE NOT VISIBLE FROM VIEWPORT
5434' - 0"

LINE OF SIGHT

LINE OF

CRESTLINE
+40
+120
+36
+120

LINE OF SIGHT
+80
+240
+40
GARAGE @ +471.5'
GARAGE @ +471.5'
GARAGE @ +471.5'
GARAGE @ +471.5'
+160
+200 +240 +280
+320
+360

FROM ROOF

RIDGE TO LINE OF
SIGHT = 1' -8" CLR
FROM T.O.P TO
LINE OF SIGHT =
5' -3" CLR
40' - 0"
36' - 3"
3' - 9"
THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:
1" = 200'-0" PLANNING SUBMITTAL
PL.4
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VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
Revision
Revision
Number
Revision
Date
JULY 30TH,2022
236
Item # C11.

BODY OF HOUSE

SMOOTH FINISH STUCCO
SW -7508 TAVERN TAUPE

ROOFING

SPANISH TILE ROOF -
EAGLE ROOFING -LHM 8709 El Morado Blend
TRIM

SMOOTH FINISH STUCCO
SW -6995 SUPERWHITE

OUTDOOR LIGHT
Motion Sensor Outdoor Wall Lights

ELIMEGAN

MATERIAL BOARD
THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS PARTNERED WITH DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:
3/32" = 1'-0" 3D Views
PL.5
###

VETERANS DESIGN &

DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
Revision
Revision
Number Revision Date
JULY 30TH,2022
237
Item # C11.

PROJECT

LOCATION

PROJECT

LOCATION

CRESTLINE ZONE

OF PROTECTION
Garage level = Conditioned Area 129 SF
Garage: 550 SF
Storage:110 SF
Mech.: 55 SF
Entry 2: 95 SF
Stairs: 34 SF
1st Floor Level = Conditioned Area =4,400 SF
1ST Floor plan: 4,400 SF
Covered Patio : 622 SF
Front Porch: 140 SF
2nd Floor Level - Conditioned Area = 358 sf.

Game room : 358 SF
Uncovered Front Deck: 116 SF
TOTAL CONDITIONED AREA = 4,887 SF
TOTAL UNDER ROOF AREA = 6,493 SF

IMPERVIOUS CALCS
Lot size = 49440.6 sq.ft (1.135 Ac) Total Building footprint = 5,244 Sq. Ft 1st Floor = 4,400 Sq. Ft.

Ground level / Garage = 844 Sq. Ft.

HARDSCAPE
Total Hardscape= 1,680 Sq.Ft.

TOTAL IMPERVIOUS AREA: 6,924 Sq.Ft.

14.0% of Total Lot Coverage (Hardscape+Bldg footprint / Lot Size)

10.6% of Lot Coverage (Bldg footprint / Lot size)
Structure Square
Footage Figures:

CV COVER SHEET
CV2 GENERAL NOTES

BMP BLUEPRINT FOR A CLEAN BAY
A0.0
A0.1
A1.0 GARAGE FLOOR PLAN
A1.1 FIRST FLOOR PLAN
A1.2 SECOND FLOOR PLAN
A1.3 ROOF PLAN
A2.0 FRONT & RIGHT SIDE ELEVATION
A2.1 REAR & LEFT SIDE ELEVATION
A3.0 BUILDING SECTIONS
A3.1 BUILDING SECTIONS
A3.2 BUILDING SECTIONS
A3.3 TYP. WALL SECTIONS
A4.0 DOOR & WINDOW SCHEDULE - WDW DETAILS
A5.0 DECK DETAILS
A5.1 TYP. DETAIL
A5.2 FIREPLACE DETAILS
E1.0 GARAGE ELECTRICAL FLOOR PLAN
E1.1 FIRST ELECTRICAL FLOOR PLAN
E1.2 SECOND ELECTRICAL FLOOR PLAN
L1.0 LND_ PLANTING PLAN
L2.0 LND_ HYDROZONE PLAN
L3.0 LND_ TYP. DETAILS
L3.1 LND_ TYP. DETAILS
L4.0 LND_ SPECIFICATIONS
Drawing Index:

EXT. STAIRS

BUILDING
FF= @ 476.5'
BLDG PAD=@ 474.0'
GARAGE
SLAB=@ 471.5'

DRIVEWAY
G.475.1
G.475.1
G.475.1
G.475.1
G.475.1
2%MIN.
2%MIN.
2%
MIN.

PATIO
FF= @ 476.5'
BLDG PAD=@ 474.0'
@ 471'

10.00' 36.00' 2.00'

96.00'

82.13'
P.L. P.L.

P.L.

P.L.

P.L.

LOT 2
754 MAPS 52 -55
APN:029 -07 -010
N60°36 ´06"E 250.00'
N29°23 ´54" W 105.12'
N00°50 ´54" W
182.64'
N89°23 ´54"W
130.64'
S29°23 ´54" E 120.20'
P.L.

CREST LINE Zone of Protection
TERRA VISTA CT.

PRIVATE STREET
ESMNT.

ESMNT

15.00'
15’ −0"
ESMNT.
475 PAD DAYLIGHT
80’
6"PVC @ S= 1.00%
di
RIM 474.0
INV.469.5
2" W SSCO
INV.455.5
CB
RIM 465.0
INV.460.1
35’
6"PVC @ S= 1.00%
470
472
TOE
463.0
CB
RIM 463.5
INV.460.45
474
472
(EX. P 474.4 +/ -)
(EX. TC 474.0 +/ −)
CB
(EX. TC 472.5 +/ −)
(EX. TC 471.0 +/ −)
468
476
490
470 40' - 8"
15' - 0"
0 20 ' 40 ' 10 '
SCALE: 1"= 20' -0"
468 SSCO
EX.SSCO
INV 455.4+ −
FS
468
466
464
125’ 6"PVC @ S= 7.4%
(EX. TC 473.5 +/ −)
W
(EX. TC 462.0 +/ −)
4" SS
2%
4"SS
SSCO
486
484
490
470
TOP 476.0
TOP 476.0
TOE 463.5
TOE 466.0
476
475 PAD DAYLIGHT
TOP 483.0
474
TOE 474.5
Top 471.0
460
460
470
470
470
470
460
460
460
475 PAD DAYLIGHT
480
480
482 480
476
478
478 476
476
475 PAD DAYLIGHT
478
478
478 478
480 480
480
462
464
466
468
466
484
482
484
484
474
472
472
472
472
474
476
468
468 468
468
468
466
466
466
466
466 464
464
464
464
464
462
462
462
462
462
456
458
458
482
482
482
482
480
484
470
472
486
490
464
468
486
486
486
488
488
488
488
490
490
476
462
472 472
474
470
470
di
RIM 474.0
INV.472.0
140.09'

40.00'
106.86'

85.08'

SIDE SETBACK

40.00'

REAR SETBACK

40.00'
40' - 0"

27.62'
THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:

As indicated TITLE SHEET
AUG 29TH, 2022
CV
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
Project Information
Project Description: Countryside Estates - Lot 2 Countryside Court.

Proposed a 5,602Sq. Ft Total, of which 4,887 Sq.Ft
are livable, 1 - 1/2 Story Single -family (26 Max. Bldg height) single -family residence w/attached 2 -car
Garage.

APN: 029 -07 -010
GROSS AREA: 1.135 Acre
Number of Stories: (1 1/2)
Occupancy Class: R3
Building Use: Single Family
Zoning: R1 -H
General Plan: Hillside Low
Minimum Parcel Area: 1.0 Acre. Min
Setbacks Required: Front: 25 Ft.

Side (each): 40 Ft.

Rear: 40 Ft.

Average Slope: 19.0%

CODE ANALYSIS
Aplicable Codes: 2019 C.B.C. ,2019 C.R.C. , 2019 C.M.C. , 2019 C.E.C. , 2019 C.P.C. , 2019 CEnC. ,
2020 MMC

Comply to Milpitas Municipal Code
Construction Type: V -B
Special conditions Pud #68 and vesting tenative map Countryside Estates.

Location Map
Owner:

Designer:

VETERANS DESIGN & DEVELOPMENT INC.

Barre Barnes
2175 De La Cruz Blvd. Unit C
Santa Clara, CA. 95050
Phone: 408 -234 9061
Soil Engineer:

WAYNE TING ASSOCIATES,INC.

Address: 42329 OSGOOD ROAD,
UNIT A
FREMONT, CA. 94539
Phone: (510) 623 - 7768
Civil Engineer:

TS/CIVIL ENGINEERS, INC.

Address: 1776 TECHNOLOGY DRIVE
SAN JOSE. CA, 95110
Phone: (408) 452 -9300
Structural Engineer:

MHA CONSULTING ENGINEERS, INC.

Address: 1623 WRIGHT AVENUE
SUNNYVALE CA, 94087
Phone: (408) 735 -1524
Project Directory:

Deferred Item List
1- Electrical Panel schedule
2- Fire sprinkler system permit
LOT 2
Residence
Vicinity Map
PLOT PLAN SCALE:1"/20'
Revision
Revision
Number
Revision
Date

GRADING PLAN

GRADING SECTIONS
238
Item # C11.
2016 California Green Building Standars:

SECTION R308 -GLAZING
R308.1 Identification
Except as indicated in Section R308.1.1 each pane of glazing installed in hazardous locations as defined in Section R308.4 shall be provided with a manufacturer's designation specifying who applied the designation, the type of glass and the safety glazing standard with which it complies, and that is visible in the final installation. The designation shall be acid etched, sandblasted, ceramic - fired, laser etched, embossed, or be of a type that once applied cannot be removed without being destroyed. A label shall be permitted in lieu of the manufacturer's designation.

Exceptions:

For other than tempered glass, manufacturer's designations are not required provided that the building official approves the use of a certificate, affidavit or other evidence confirming compliance with this code.

Tempered spandrel glass is permitted to be identified by the manufacturer with a removable paper designation.

R308.1.1 Identification of Multiple Assemblies
Multipane assemblies having individual panes not exceeding 1 square foot (0.09 m2) in exposed area shall have not less than one pane in the assembly identified in accordance with Section R308.1. Other panes in the assembly shall be labeled "CPSC 16 CFR 1201" or "ANSI Z97.1" as appropriate.

R308.2 Louvered Windows or Jalousies
Regular, float, wired or patterned glass in jalousies and louvered windows shall be not less than nominal 3/16 inch (5 mm) thick and not more than 48 inches (1219 mm) in length. Exposed glass edges shall be smooth.

R308.2.1 Wired Glass Prohibited
Wired glass with wire exposed on longitudinal edges shall not be used in jalousies or louvered windows.

R308.3 Human Impact Loads
Individual glazed areas, including glass mirrors in hazardous locations such as those indicated as defined in Section R308.4, shall pass the test requirements of Section R308.3.1.

Exceptions:

Louvered windows and jalousies shall comply with Section R308.2.

Mirrors and other glass panels mounted or hung on a surface that provides a continuous backing support.

Glass unit masonry complying with Section R607.

R308.3.1 Impact Test
Where required by other sections of the code, glazing shall be tested in accordance with CPSC 16 CFR 1201. Glazing shall comply with the test criteria for Category II unless otherwise indicated in Table R308.3.1(1).

Exception: Glazing not in doors or enclosures for hot tubs, whirlpools, saunas, steam rooms, bathtubs and showers shall be permitted to be tested in accordance with ANSI Z97.1. Glazing shall comply with the test criteria for Class A unless otherwise indicated in Table R308.3.1(2).

R308.4 Hazardous Locations
The locations specified in Sections R308.4.1 through R308.4.7 shall be considered to be specific hazardous locations for the purposes of glazing.

R308.4.1 Glazing in Doors
Glazing in fixed and operable panels of swinging, sliding and bifold doors shall be considered to be a hazardous location.

Exceptions:

Glazed openings of a size through which a 3 -inch -diameter (76 mm) sphere is unable to pass.

Decorative glazing.

R308.4.2 Glazing Adjacent to Doors
Glazing in an individual fixed or operable panel adjacent to a door shall be considered to be a hazardous location where the bottom exposed edge of the glazing is less than 60 inches (1524 mm) above the floor or walking surface and it meets either of the following conditions:

Where the glazing is within 24 inches (610 mm) of either side of the door in the plane of the door in a closed position.

Where the glazing is on a wall less than 180 degrees (3.14 rad) from the plane of the door in a closed position and within 24 inches (610 mm) of the hinge side of an in -swinging door.

Exceptions:

Decorative glazing.

Where there is an intervening wall or other permanent barrier between the door and the glazing.

Where access through the door is to a closet or storage area 3 feet (914 mm) or less in depth. Glazing in this application shall comply with Section R308.4.3.

Glazing that is adjacent to the fixed panel of patio doors.

R308.4.3 Glazing in Windows
Glazing in an individual fixed or operable panel that meets all of the following conditions shall be considered to be a hazardous location:

The exposed area of an individual pane is larger than 9 square feet (0.836 m2).

The bottom edge of the glazing is less than 18 inches (457 mm) above the floor.

The top edge of the glazing is more than 36 inches (914 mm) above the floor.

One or more walking surfaces are within 36 inches (914 mm), measured horizontally and in a straight line, of the glazing.

Exceptions:

Decorative glazing.

Where glazing is adjacent to a walking surface and a horizontal rail is installed 34 to 38 inches (864 to 965 mm) above the walking surface. The rail shall be capable of withstanding a horizontal load of 50 pounds per linear foot (730 N/m) without contacting the glass and have a cross -sectional height of not less than 11/2 inches (38 mm).

Outboard panes in insulating glass units and other multiple glazed panels where the bottom edge of the glass is 25 feet (7620 mm) or more above grade, a roof, walking surfaces or other horizontal [within 45 degrees (0.79 rad) of horizontal] surface adjacent to the glass exterior.

Section R309 Garages and Carports
R309.1 Floor Surface
Garage floor surfaces shall be of approved noncombustible material.

The area of floor used for parking of automobiles or other vehicles shall be sloped to facilitate the movement of liquids to a drain or toward the main vehicle entry doorway.

R309.4 Automatic Garage Door Openers
Automatic garage door openers, if provided, shall be listed and labeled in accordance with UL 325. See Health and Safety Code Sections 19890 and 19891 for additional provisions for residential garage door openers.

R309.8 Electric Vehicle (EV) Charging Infrastructure
Newly constructed one - and two -family dwellings and townhouses with attached private garages shall comply with EV infrastructure requirements in accordance with the California Green Building Standards Code, Chapter 4, Division 4.1.

Section R311 Means of Egress
R311.1 Means of Egress
Dwellings shall be provided with a means of egress in accordance with this section. The means of egress shall provide a continuous and unobstructed path of vertical and horizontal egress travel from all portions of the dwelling to the required egress door without requiring travel through a garage. The required egress door shall open directly into a public way or to a yard or court that opens to a public way.

SECTION 4.410

BUILDING MAINTENANCE AND OPERATION

4.410.1 Operation and maintenance manual. At the time of final inspection, a manual, compact disc, web -based reference or other media acceptable to the enforcing agency which includes all of the following shall be placed in the building:

1. Directions to the owner or occupant that the manual shall remain with the building throughout the life Cycle of the structure.

2. Operation and maintenance instructions for the following:
a. Equipment and appliances, including water -saving devices and systems, HVAC systems, photovoltaic systems, electric vehicle chargers, water -heating systems and other major appliances and equipment.
b. Roof and yard drainage, including gutters and down -spouts. c. Space conditioning systems, including condensers and air filters. d. Landscape irrigation systems.
e. Water reuse systems.

3. Information from local utility, water and waste recovery providers on methods to further reduce resource consumption, including recycle programs and locations.

4. Public transportation and/or carpool options available In the area.

5. Educational material on the positive impacts of an interior relative humidity between 30 –60 percent and what methods an occupant may use to maintain the relative humidity level in that range.

6. Information about water -conserving landscape and irrigation design and controllers which conserve water.

7. Instructions for maintaining gutters and downspouts and the importance of diverting water at least 5 feet away from the foundation.

8. Information on required routine maintenance mea -sures, including, but not limited to, caulking, painting, grading around the building, etc.

9. Information about state solar energy and incentive programs available.

10. A copy of all special inspection verifications required by the enforcing agency or this code.

SECTION 4.504

POLLUTANT CONTROL

4.504.1 Covering of duct openings and protection of mechanical equipment during construction. At the time of rough installation, during storage on the construction site and until final startup of the heating, cooling and ventilating equipment, all duct and other related air distribution compo -nent openings shall be covered with tape, plastic, sheetmetal or other methods acceptable to the enforcing agency to reduce the amount of water, dust and debris, which may enter the system.

4.504.2 Finish material pollutant control. Finish materials shall comply with this section.

4.504.2.1 Adhesives, sealants and caulks. Adhesives, sealants and caulks used on the project shall meet the requirements of the following standards unless more stringent local or regional air pollution or air quality management district rules apply:

1. Adhesives, adhesive bonding primers, adhesive primers, sealants, sealant primers, and caulks shall comply with local or regional air pollution control or air quality management district rules where applicable or SCAQMD Rule 1168 VOC limits, as shown in Table

4.504.1 or 4.504.2, as applicable. Such products also shall comply with the Rule 1168 prohibition on the use of certain toxic compounds (chloroform, ethylene dichloride, methylene chloride, perchloroethylene and trichloroethylene), except for aerosol products, as specified in Subsection 2 below.

2. Aerosol adhesives, and smaller unit sizes of adhe -sives, and sealant or caulking compounds (in units of product, less packaging, which do not weigh more than 1 pound and do not consist of more than 16 fluid ounces) shall comply with statewide VOC standards and other requirements, including prohibi -tions on use of certain toxic compounds, of California Code of Regulations, Title 17, commencing with Section 94507

4.504.2.2 Paints and coatings. Architectural paints and coatings shall comply with VOC limits in Table 1 of the ARB Architectural Suggested Control Measure, as shown in Table 4.504.3, unless more stringent local limits apply.

The VOC content limit for coatings that do not meet the definitions for the specialty coatings categories listed in Table 4.504.3 shall be determined by classifying the coating as a Flat, Nonflat or Nonflat -high Gloss coating, based on its gloss, as defined in subsections 4.21, 4.36, and 4.37 of the 2007 California Air Resources Board, Suggested Control Measure, and the corresponding Flat, Nonflat or Non -flat -high Gloss VOC limit in Table 4.504.3 shall apply.

4.504.2.3 Aerosol paints and coatings. Aerosol paints and coatings shall meet the Product weighted MIR Limits for ROC in Section 94522(a)(2) and other requirements, including prohibitions on use of certain toxic compounds and ozone depleting substances, in Sections 94522(e)(1) and (f)(1) of California Code of Regulations, Title 17, commencing with Section 94520; and in areas under the jurisdiction of the Bay Area Air Quality Management District additionally comply with the percent VOC by weight of product limits of Regulation 8, Rule 49.

4.504.2.4 Verification. Verification of compliance with this section shall be provided at the request of the enforcing agency. Documentation may include, but is not limited to, the following:

1. Manufacturer ’s product specification.

2. Field verification of on -site product containers

4.504.5 Composite wood products. Hardwood plywood, particleboard and medium density fiberboard composite wood products used on the interior or exterior of the building shall meet the requirements for formaldehyde as specified in ARB ’s Air Toxics Control Measure for Composite Wood (17 CCR 93120 et seq.), by or before the dates specified in those sections, as shown in Table 4.504.5.

4.504.5.1 Documentation. Verification of compliance with this section shall be provided as requested by the enforcing agency. Documentation shall include at least one of the following:

1. Product certifications and specifications.

2. Chain of custody certifications.

3. Product labeled and invoiced as meeting the Composite Wood Products regulation (see CCR, Title 17,Section 93120, et seq.).

4. Exterior grade products marked as meeting the PS-1 or PS -2 standards of the Engineered Wood Association, the Australian AS/NZS 2269, European 636 3S, and Canadian CSA O121, CSA O151, CSA O153 and CSA O325 standards.

5. Other methods acceptable to the enforcing agency.

SECTION 4.505

INTERIOR MOISTURE CONTROL

4.505.2 Concrete slab foundations. Concrete slab foundations required to have a vapor retarder by the California Building Code, Chapter 19 or concrete slab on ground floors required to have a vapor retarder by the California Residential Code, Chapter 5, shall also comply with this section.

4.505.3 Moisture content of building materials. Building materials with visible signs of water damage shall not be installed. Wall and floor framing shall not be enclosed when the framing members exceed 19 percent moisture content.

Moisture content shall be verified in compliance with the following:

1. Moisture content shall be determined with either a probe type or contact type moisture meter. Equivalent moisture verification methods may be approved by the enforcing agency and shall satisfy requirements found in Section 101.8 of this code.

2. Moisture readings shall be taken at a point 2 feet (610mm) to 4 feet (1219 mm) from the grade stamped end of each piece to be verified.

3. At least three random moisture readings shall be performed on wall and floor framing with documentation acceptable to the enforcing agency provided at the time of approval to enclose the wall and floor framing. Insulation products which are visibly wet or have a high moisture content shall be replaced or allowed to dry prior to enclosure in wall or floor cavities. Wet -applied insulation products shall follow the manufacturers ’ drying recommendations prior to enclosure.

SECTION 4.506

INDOOR AIR QUALITY AND EXHAUST

4.506.1 Bathroom exhaust fans. Each bathroom shall be mechanically ventilated and shall comply with the following:

1. Fans shall be ENERGY STAR compliant and be ducted to terminate outside the building.

2. Unless functioning as a component of a whole house ventilation system, fans must be controlled by a humidity control.
a. Humidity controls shall be capable of adjustment between a relative humidity range of ≤ 50 percent to a maximum of 80 percent. A humidity control may utilize manual or automatic means of adjustment.
b. A humidity control may be a separate component to the exhaust fan and is not required to be integral(i.e., built -in).

SECTION 4.507

ENVIRONMENTAL COMFORT

4.507.1 Openings. Whole house exhaust fans shall have insulated louvers or covers which close when fan is oof. Covers or louvers shall have a minimum insulation value of R -4.2.

4.507.2 Heating and air conditioning system design. Heating and air conditioning systems shall be sized, designed and have their equipment selected using the following methods:

1. The heat loss and heat gain is established according to ANSI/ACCA 2 Manual J—2016 (Residential Load Calculation), ASHRAE handbooks or other equivalent design software or methods.

2. Duct systems are sized according to ANSI/ACCA 1 Manual D —2016 (Residential Duct Systems), ASHRAE handbooks or other equivalent design soft - ware or methods.

3. Select heating and cooling equipment according to ANSI/ACCA 3 Manual S—2014 (Residential Equipment Selection) or other equivalent design software or methods.

Exception: Use of alternate design temperatures necessary to ensure the systems function are acceptable.

SECTION 4.303

WATER EFFICIENCY AND CONSERVATION
Indoor Water Use (4.303)
Water closets. The effective flush volume of all water closets shall not exceed

1.28 gpf. Tank -type water closets shall be certified to the performance criteria of the U.S. EPA WaterSense Specification for Tank -type Toilets.

Note: The effective flush volume of dual flush toilets is defined as the composite, average flush volume of two reduced flushes and one full flush Urinals. The effective flush volume of wall mounted urinals shall not exceed

0.125 gpf and floor mounted or other urinals shall not exceed 0.5 gpf.

Single showerheads. Showerheads shall have a max. flow rate of not more than

2.0 gpm at 80 psi. Showerheads shall be certified to the performance criteria of the U.S. EPA WaterSense Specification for Showerheads.

Multiple showerheads serving one shower. When a shower is served by more than one showerhead, the combined flow rate of all the showerheads and/or other shower outlets controlled by a single valve shall not exceed 2.0 gpm at 80 psi, or the shower shall be designed to allow only one shower outlet to be in operation at a time.

Residential lavatory faucets. The max. flow rate of residential lavatory faucets shall not exceed 1.2 gpm at 60 psi. The min. flow rate of residential lavatory faucets shall not be less than 0.8 gpm at 20 psi.

Lavatory faucets in common and public use areas. The max. flow rate of lavatory faucets installed in common and public use areas (outside of dwellings or sleeping units) in residential buildings shall not exceed 0.5 gpm at 60 psi.

Metering faucets. Metering faucets when installed in residential buildings shall not deliver more than 0.25 gallons per cycle.

Kitchen faucets. The max. flow rate of kitchen faucets shall not exceed 1.8 gpm at 60 psi.

Outdoor Water Use (4.304)
Outdoor potable water use in landscape areas. New residential developments with an aggregate landscape area equal to or greater than 500 sq ft shall comply with one of the following options:

1. A local water efficient landscape ordinance or the current California Department of Water Resources Model Water Efficient Landscape Ordinance (MWELO), whichever more stringent.

2. Projects with aggregate landscape areas less than 2,500 sq ft may comply with MWELO Appendix D Prescriptive Compliance Option.

Section R312 Guards and Window Fall Protection
R312.1 Guards
Guards shall be provided in accordance with Sections R312.1.1 through R312.1.4.

R312.1.1 Where Required
Guards shall be provided for those portions of open-sided walking surfaces, including stairs, ramps and landings, that are located more than 30 inches (762 mm) measured vertically to the floor or grade below at any point within 36 inches (914 mm) horizontally to the edge of the open side. Insect screening shall not be considered as a guard.

R312.1.2 Height
Required guards at open -sided walking surfaces, including stairs, porches, balconies or landings, shall be not less than 42 inches (1067 mm) in height as measured vertically above the adjacent walking surface or the line connecting the nosings.

Exceptions:

Guards on the open sides of stairs shall have a height of not less than 34 inches (864 mm) measured vertically from a line connecting the nosings.

Where the top of the guard serves as a handrail on the open sides of stairs, the top of the guard shall be not less than 34 inches (864 mm) and not more than 38 inches (965 mm) as measured vertically from a line connecting the nosings.

R312.1.3 Opening Limitations
Required guards shall not have openings from the walking surface to the required guard height that allow passage of a sphere 4 inches (102 mm) in diameter.

Exceptions:

The triangular openings at the open side of stair, formed by the riser, tread and bottom rail of a guard, shall not allow passage of a sphere 6 inches (153 mm) in diameter.

Guards on the open side of stairs shall not have openings that allow passage of a sphere 43/8 inches (111 mm) in diameter.

R311.2 Egress Door
Not less than one egress door shall be provided for each dwelling unit. The egress door shall be side -hinged, and shall provide a clear width of not less than 32 inches (813 mm) where measured between the face of the door and the stop, with the door open 90 degrees (1.57 rad). The clear height of the door opening shall be not less than 78 inches (1981 mm) in height measured from the top of the threshold to the bottom of the stop. Other doors shall not be required to comply with these minimum dimensions. Egress doors shall be readily openable from inside the dwelling without the use of a key or special knowledge or effort.

R311.7.8 Handrails
Handrails shall be provided on not less than one side of each flight of stairs with four or more risers.

R311.7.8.1 Height
Handrail height, measured vertically from the sloped plane adjoining the tread nosing, or finish surface of ramp slope, shall be not less than 34 inches (864 mm) and not more than 38 inches (965 mm).

Exceptions:

The use of a volute, turnout or starting easing shall be allowed over the lowest tread.

Where handrail fittings or bendings are used to provide continuous transition between flights, transitions at winder treads, the transition from handrail to guard, or used at the start of a flight, the handrail height at the fittings or bendings shall be permitted to exceed 38 inches (965 mm).

R311.7.8.2 Handrail Projection
Handrails shall not project more than 41/2 inches (114 mm) on either side of the stairway.

Exception: Where nosings of landings, floors or passing flights project into the stairway reducing the clearance at passing handrails, handrails shall project not more than 61/2 inches (165 mm) into the stairway, provided that the stair width and handrail clearance are not reduced to less than that required.

R311.7.8.3 Handrail Clearance
Handrails adjacent to a wall shall have a space of not less than 11/2 inches (38 mm) between the wall and the handrails.

R311.7.8.4 Continuity
Handrails shall be continuous for the full length of the flight, from a point directly above the top riser of the flight to a point directly above the lowest riser of the flight. Handrail ends shall be returned or shall terminate in newel posts or safety terminals.

Exceptions:

Handrail continuity shall be permitted to be interrupted by a newel post at a turn in a flight with winders, at a landing, or over the lowest tread.

A volute, turnout or starting easing shall be allowed to terminate over the lowest tread.

R311.7.8.5 Grip Size
Required handrails shall be of one of the following types or provide equivalent graspability.

Type I. Handrails with a circular cross section shall have an outside diameter of not less than 11/4 inches (32 mm) and not greater than 2 inches (51 mm). If the handrail is not circular, it shall have a perimeter of not less than 4 inches (102 mm) and not greater than 61/4 inches (160 mm) and a cross section of not more than 21/4 inches (57 mm). Edges shall have a radius of not less than 0.01 inch (0.25 mm).

Type II. Handrails with a perimeter greater than 61/4 inches (160 mm) shall have a graspable finger recess area on both sides of the profile. The finger recess shall begin within 3/4 inch (19 mm) measured vertically from the tallest portion of the profile and have a depth of not less than 5/16 inch (8 mm) within 7/8 inch (22 mm) below the widest portion of the profile. This required depth shall continue for not less than 3/8 inch (10 mm) to a level that is not less than 13/4 inches (45 mm) below the tallest portion of the profile. The width of the handrail above the recess shall be not less than 11/4 inches (32 mm) and not more than 23/4 inches (70 mm). Edges shall have a radius of not less than 0.01 inch (0.25 mm). 2019 California Residential Code:

WW
W
T
SD
SS
OH
G
IR
E
TV
TS
L
R1
LP
LC
T
W
OH
SS
G
E
TV
IR
SD
TS
L
xxxxx xx x xx

DRAW ORDER HATCH TO BACK

TRAFFIC SIGNAL CONDUIT

CABLE TELEVISION LINE

ROADSIDE SIGN & SIGN CODE
EX
FG
FC
IRR
INV
FH
ED
ECR
EC
DWY
DIA
CL
BCR
BC
MIN
TYP
TEMP
TC
SW
STA
R/W
RCP
R
PV
C
PCC
PB
OG
MH

EXISTING

FACE OF CURB

FINISH GRADE

IRRIGATION
INVERT

FIRE HYDRANT

EDGE DRAIN

END CURB
RETURN
END
CURVE

DRIVEWAY

DIAMETER
CLAS
S

BEGIN CURB
RETURN
BEGIN
CURVE

MINIMUM

TYPICAL

TEMPORARY

TOP OF CURB

SIDEWALK

STATION

RIGHT-OF-WAY

REINFORCED CONCRETE PIPE
RADIUS

POLYVINYL CHLORIDE

PORTLAND CEMENT

CONCRETE

PULL BOX

ORIGINAL GRADE

MANHOLE
AC
AB LOL
MA
X

ABBREVIATIONS

ASPHALT

CONCRETE

AGGREGATE
BASE

LAYOUT LINE

MAXIMUM

TREE/SHRUB
FENCE

PULL BOX

LIGHTING CONDUIT

IRRIGATION LINE

TELEPHONE LINE

NATURAL GAS LINE

ELECTRICAL LINE

STORM DRAIN LINE

SANITARY SEWER LINE

WATER LINE

OVERHEAD LINE

POWER POLE

STREET LIGHT

FIRE HYDRANT
VALVE

WATER METER
R1

STANDARD CITY MONUMENT

PCC OR AC REMOVAL

CURB AND GUTTER

SIDEWALK,

CENTER LINE

PROPERTY LINE

EDGE OF PAVEMENT

BENCH MARK

DRIVEWAY

STORM DRAIN INLET

MANHOLE

PROPOSED EXISTING
LEGEND
LC
PL
- AUTOMATIC FIRE SPRINKLERS FOR ADDITION
An approved automatic fire sprinkler system (NFPA 13D
minimum) shall be provided for the home (living space,
garage, etc). CFC Section 903.3.1.3
-WATER SUPPLY SERVICE TO THE HOME
The existing water supply service to the home may need
upgrading to service the automatic fire sprinkler system requirements.

THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:
3/8" = 1'-0" GENERAL NOTES
AUG 29TH, 2022
CV.2
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
Revision
Revision
Number
Revision
Date
239
Item # C11.

THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:

BLUEPRINT FOR A CLEAN BAY
AUG 29TH, 2022
BMP
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
Revision
Revision
Number
Revision
Date
240
Item # C11.

EXT. STAIRS

BUILDING
FF= @ 476.5'
BLDG PAD=@ 474.0'
GARAGE SLAB=@ 471.5'
CONC. DRIVEWAY
-CLEAR TO SKY -
G.475.1
G.475.1
G.475.1
G.475.1
G.475.1
2%MIN. 2%MIN.
2%
M
IN.

PATIO
FF= @
476.5'
BLDG PAD=@
474.0'
476 476
@ 471'
36' - 0"
2' - 0"
11' - 0"
14' - 0"
10' - 0"
15' - 0"
7' - 10"
15' - 3"
22' - 11"

96.00'
96' - 0"
40' - 6 1/2"
41' - 7"

24.00'
20' - 0"
20' - 0"
20' - 0"
20' - 0"
20' - 0"
P.L. P.L.

P.L.

P.L.

P.L.

LOT 2
754 MAPS 52 -55
APN:029 -07 -010
N60°36´06"E 250.00'
N29°23 ´54" W 105.12'
N00°50´54" W
182.64'
N89°23´54"W
130.64'
S29°23´54" E 120.20'
P.L.

CREST LINE Zone of Protection
TERRA VISTA CT.

PRIVATE STREET
ESMNT.

ESMNT
15' - 0"
15' -0"
ESMNT.
475 PAD DAYLIGHT
G.477.0
80' -6"
6"PVC @ S= 1.00%
DI
RIM 474.0
INV.469.5
4" SS
2" W SSCO
INV.455.5
CB
RIM 465.0
INV.460.1
35'
6"PVC @
S= 1.00%
470
472
CB
RIM 463.5
INV.460.45
478
480
474
472
484
486
TOP 483.0
(EX. P 474.4 +/ -)
(EX. TC 474.0 +/ -)
CB
(EX. TC 472.5 +/ -)
(EX. TC 471.0 +/ -)
468
476
480
490
470
480
40' - 8"
15' - 0"
0 20 ' 40 ' 10 '
SCALE: 1"= 20' -0"
474
472
470
468
464
SSCO
EX.SSCO
INV 455.4+ -
HYD
FS
468
466
464
125' 6"PVC @ S= 7.4%
(EX. TC 473.5 +/ -)
W
(EX. TC 462.0 +/ -)
4" SS
462
TOE 474.5
2%
4"SS
SSCO
482
486
484
482
484
486

82.13'
G.472.0
Top 471.0
68 472
474
2%
DI
RIM 474.0
INV.472.0
TOP
476.0
2%MIN. 5%
470
470
470
460
460
2%MIN.
10%MIN.

TOP 476.0
TOP 476.0
TOE 463.5
TOE 466.0
460
460
470
470
470
470
460
460
460
475 PAD DAYLIGHT
480
480
482
480
476
478
478 476
476
TOP 483.0
475 PAD DAYLIGHT
478
478
478 478
480 480
480
464
466
468
466
DI
RIM 471.0
INV.468.0
45'
6"PVC @
S= 1.00%
474
472
472
472
472
474
476
468
468 468
468
468
466
466
466
466
466
464
464
464
464
464
462
462
462
462
462
456
458
458
482
482
482
482
480
484
486
488
488
488
488
490
490
476
462
470
470
1 A0.1
1 A0.1
2 A0.1
2 A0.1
140.09'

40.00'

REAR SETBACK
40' - 0"

SIDE SETBACK
40' - 0"

SIDE SETBACK
40' - 0"

85.08'
106.86'

REAR SETBACK
40' - 0"

49.78'

27.62'
IMPERVIOUS CALCS:

IMPERVIOUS CALCS
Lot size = 49440.6 sq.ft (1.135 Ac) Total Building footprint = 5,244 Sq. Ft 1st Floor = 4,400 Sq. Ft.

Ground level / Garage = 844 Sq. Ft.

HARDSCAPE
Total Hardscape= 1,680 Sq.Ft.

TOTAL IMPERVIOUS AREA: 6,924 Sq.Ft.

14.0% of Total Lot Coverage (Hardscape+Bldg footprint / Lot Size)

10.6% of Lot Coverage (Bldg footprint / Lot size)
GRADING CALCS:

CUT FILL
LOT 2 BLDG PAD 250 6' 0
REAR YARD 700 4' 0 -
NORTH CUT SLOPE 50 2' 0 -
GARAGE 0 - 185 8'
DRIVEWAY 50 - 0 -
TOTAL 1050 185
EXPORT 865 CY To be Hauled off the site
THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:

As indicated GRADING PLAN
AUG 29TH, 2022
A0.0
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
NOTE:

ALL UTILITIES TO BE INSTALLED UNDERGROUND
1" = 10'-0" 1 Plot Plan
Revision
Revision
Number
Revision
Date
241
Item # C11.
475.1
swale
474.5 476
478
480
482
483
484
486
488
490
471
470
468
466
464
462
FF=476.5
PAD=474
490'
480'
470'
460'

DRIVEWAY
471.0 470.0
FF 476.5
PAD 474.0
PATIO 476.5
PAD 474.0
G. 475.1
TERRA
VISTA CT.

PAD

DAYLIGHT
475.0
480'
470'
490'
460'
IMPERVIOUS CALCS:

IMPERVIOUS CALCS
Lot size = 49440.6 sq.ft (1.135 Ac) Total Building footprint = 5,244 Sq. Ft 1st Floor = 4,400 Sq. Ft.

Ground level / Garage = 844 Sq. Ft.

HARDSCAPE
Total Hardscape= 1,680 Sq.Ft.

TOTAL IMPERVIOUS AREA: 6,924 Sq.Ft.

14.0% of Total Lot Coverage (Hardscape+Bldg footprint / Lot Size)

10.6% of Lot Coverage (Bldg footprint / Lot size)
GRADING CALCS:

CUT FILL
LOT 2 BLDG PAD 250 6' 0
REAR YARD 700 4' 0 -
NORTH CUT SLOPE 50 2' 0 -
GARAGE 0 - 185 8'
DRIVEWAY 50 - 0 -
TOTAL 1050 185
EXPORT
865 CY To be Hauled off the site
THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:

As indicated GRADING SECTIONS
AUG 29TH, 2022
A0.1
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
Revision
Revision
Number
Revision
Date
1" = 10'-0" 1 SITE SECTION-A
1" = 10'-0" 2 SITE SECTION -B
NOTE:

ALL UTILITIES TO BE INSTALLED UNDERGROUND
242
Item # C11.

WH
Operable Emergency Escape and
Rescue opening
CBC 1030 & CRC R310
1 - Min. net clear openable dimension of 24 inches in
height (R310.1.2)
2 - Min. net clear openable dimension 20 inches in width (R310.1.3)
3 - Min net clear openable dimension of 5.7 square feet in area. Grade floor openings shall have a minimum net clear opening of 5 sq.ft (R310.1.1)
4 - The bottom of the clear opening shall not be greater than 44 inches measure from the floor. (R310.1)
5 - Glazing in an individual fixed or operable panel
adjadent to a door where the nearest vertical edge is within a 24 inch arc of the door in a closed position and whose bottom edge is less than 60 inches above the floor or
walking surface (R308.4.2)
6 - Glazing in an individual fixed or operable panels that meet all of the following conditions: (R308.4.3)
1) Exposed area of an individual pane greater than 9
Sq.Ft.
2) Bottom edge less than 18 inches above the floor.
3) Top edge greater than 36 inches above the floor.
4) One or more walking surfaces within 36 inches
horizontally of the glazing.

Safety Glazing (Tempered)
conforming to the human impact
loads of per Sections R308.3 &
308.4
a) Shower conpartments and walls above bathtubs with
installed shower heads shall be finished with a smooth, nonabsorbent surface to a height not less than 72 inches (6ft). (CRC R307.2)
b) The maximum hot water temperature discharging from
the bathtub, shower and whirlpool bathtub filler shall be limited to 120 degrees Fahreinheit. The water heater
thermostat shall not be considered a control from meeting this provision. (CPC 408.3)
c) Control valves and showerheads shall be located on the sidewall of shower compartments or be otherwise arranged so that the showerhead does not discharged directly at the entrance to the compartment and the bather can adjust the valves prior to stepping into the shower spray. (CPC 408.9) Minimum Plan Notes:

Thresholds at doorways shall not exceed 3/4 inch (19.1
mm) in height for sliding doors serving dwelling units or 1/2 inch (12.7 mm) for other doors. Raised thresholds and floor level changes greater than 1/4 Inch (6.4 mm) at doorways shall be beveled with a stope not greater than one unit vertical in two units horizontal (50 -percent slope).

Exception: The threshold height shall be limited to 3/4 inches (197 mm) where the occupancy is Group A·2 or R·
3; the door is an exterior door that is not a component of the required means of egress; the door. other than an
exterior storm or screen door, does nol swing over the
landing or step; and the doorway is not on an accessible route as required by Chapler 11 A or 11 B and is not part of an adaptable or accessible dwelling unit.

Thresholds:

WALL LEGEND
2x6 Exterior Wall - Stucco
2x4 Exterior Wall - Stucco
2x4 Interior Wall
Attic Ventilation:

Underfloor Ventilation:

Total underfloor area 4,400 Sq.Ft.
1 Sq.Ft for each 150 Sq.Ft. = 29.33 Sq.Ft of ventilation Foundation Vent of 7.5 inch by 14.33 inch = .73 Sq.Ft.

29.33 Sq.Ft of ventilation needed = 41 vents
Ventilated areas are not to be less than 1/150 =
Eve Vents to be 7.5 inch by 22.33 inch = 1.6 Sq.Ft.
* Total Attic over Garage area = 474 Sq.Ft.
2 Vents needed.
* Total Attic over Main Floor area = 5,317 Sq.Ft.
23 Vents needed.
* Total Attic over Game Room area = 660 Sq.Ft.
3 Vents needed.

GARAGE NOTE:

The following is required for the separation of the
private garage from the dwelling unit:

A. Garages beneath habitable rooms shall be
separated by no less than 5/8 -in. Type X gypsum
board. Provide minimum 1/2 -in. gypsum board on
the garage side elsewhere. (T -R302.6)
B. Doors to the dwelling unit shall be solid wood or
solid or honeycomb core steel and not less than
1-3/8 -in. thick, or 20 minute rated, unless the
dwelling unit and the garage are protected by an
automatic fire sprinkler system. Doors shall be
self -closing and self -latching. (R302.5.1)
C. Openings from a private garage directly into a
room used for sleeping purposes shall not be
permitted. (R302.5.1)
D. Garage floor surfaces shall be of an approved
noncombustible material, and the area used to
park vehicles shall be sloped to a drain or toward
the main vehicle entry. (R309.1)
ELEC. CAR

CHARGER

ELECTRICAL
METER
200 AMP.

Elect.
100 AMP.

Sub -Panel
2-CAR GARAGE
1-3/8" THICK SOLID

CORE FIRE RATED
20MIN. DOOR
w/ SELF CLOSING

HINGE & SELF

LATCHING
4 A3.1
4 A3.1
ENTRY

STORAGE
MECH
3 A3.2
3 A3.2
CONC. DRIVEWAY
-CLEAR TO SKY -
UP
9R
0 4 ' 8 ' 2 '
SCALE: 1/4" = 1' -0"
HB
HB
1 A3.2
1 A3.2
Opt.Vertical
Platform Lift
8" CMU WALL
-4"
1/4" SLOPE
7' - 4 7/8"
HEADER
ABOVE
2 A3.2
2 A3.2
23' - 11 1/2"
Enclosed side with
1/2" -GYP.

R1009.9.3
STAND. PARKING
SPACE
STAND. PARKING
SPACE
STAND. PARKING
SPACE
STAND. PARKING
SPACE
20' - 0"
10' - 0"
20' - 0"
6 8
10 12' - 9" 10' - 2"
9' - 5 1/2" 22' - 11"
4' - 3 1/2" 13' - 7 1/2"
9' - 7"
9' - 11 1/4"
9 5' - 5 1/2"
7' - 2 1/4"
5' - 0 1/2"
471' - 10"
8' - 9"
24' - 0"
12' - 0" 12' - 0"
1 7' - 0" 5' - 0" 5' - 0" 7' - 0"
6' - 3 1/2" 1' - 4" UP
10R

PLANTER
471' - 6"
471' - 0"
FLOOR TO FLOOR HEIGHT: 5' -9"
CONVERTED TO INCHES: 69"
TOTAL NUMBERS OF RISERS: 10

STAIR DIAGRAM & CALCS
TYP. RISER HEIGHT: 7"
TREAD: 10" NOSING: 1" 7"
7 3/4" MAX.

TREAD=10"
1"
11"
THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:

As indicated GARAGE FLOOR PLAN
AUG 29TH, 2022
A1.0
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
1/4" = 1'-0" 2 GARAGE FLOOR PLAN
Revision
Revision
Number
Revision
Date
243
Item # C11.

REF.

DW
UP
WH

WALL LEGEND
2x6 Exterior Wall - Stucco
2x4 Exterior Wall - Stucco
2x4 Interior Wall
Attic Ventilation:

Underfloor Ventilation:

Total underfloor area 4,400 Sq.Ft.
1 Sq.Ft for each 150 Sq.Ft. = 29.33 Sq.Ft of ventilation Foundation Vent of 7.5 inch by 14.33 inch = .73 Sq.Ft.

29.33 Sq.Ft of ventilation needed = 41 vents
Ventilated areas are not to be less than 1/150 =
Eve Vents to be 7.5 inch by 22.33 inch = 1.6 Sq.Ft.
* Total Attic over Garage area = 474 Sq.Ft.
2 Vents needed.
* Total Attic over Main Floor area = 5,317 Sq.Ft.
23 Vents needed.
* Total Attic over Game Room area = 660 Sq.Ft.
3 Vents needed. 0 4 ' 8 ' 2 '
SCALE: 1/4" = 1' -0"
A2.0 2
A2.1 2
36" Elect. Range
w/ hood
Provide 100 CFM.
min fan at kitchen
hood
24x32

ATTIC ACCESS
A2.1
1 * EGRESS
WDW
HEAT & GLO 8000
C-42" DIRECT VENT
ELEC. FIREPLACE
- SEE A5.2
TEMP.

SHOWER
HEAD
4 A3.1
4 A3.1
14' - 0"
5' - 6"
8' - 8 1/2"
SHOWER
60"x36"
BED 3
BATH 3
8' - 2"
14' - 7"
8' - 0"
12' - 2 1/2"
3' - 9"
* EGRESS
WDW

EXERCISE ROOM
FOYER
2 A3.0
36" Sink
Gas
Veggie
Sink
48" REF.
5' - 0" 4' - 0"
4' - 0"
10' - 6" 7' - 10" 7' - 9" 5' - 0" 8' - 0" 2' - 6"
14' - 11 1/2"
4' - 2"
4' - 6" 4' - 0" 4' - 0"
5' - 0"
12' - 0"
BED 4
8' - 0"
1 A3.0

KITCHEN
WIC

GREATROOM
PANTRY
R&S
R&S

MINI-BAR
6' - 6"
SHOWER
72"x36"

HALLWAY
BATH 2
6' - 4"
6' - 6"
2' - 7"
M. BED
PWD
R&S
R&S
WIC
R&S
LIN.
6' - 7"
9' - 1"
ELEC.

DRYER
SINK
WC
R&S
14' - 9 1/2"
2' - 0" 36' - 0" 6' - 0"
SH
OWER 60"x60"
TUB
20' - 0"
14' - 1"
WIC
BED 2
R&S
3' - 6"
3' - 6"
5' - 0"
M.BATH
SEAT
13' - 1"
25' - 11" 6' - 11 1/2"
14' - 1" 10' - 4"
476' - 6"
15' - 0" 10' - 0" 14' - 0" 11' - 0"
4' - 6"
4' - 4"
3 A3.2
3 A3.2

COVERED PATIO
1' - 10"
16' - 0"
7' - 8" 23' - 7" 7' - 8" 1' - 0" 1' - 0" 30' - 7"
1' - 0"
3 A3.1
* EGRESS
WDW
TEMP.

GLASS
1' - 8"
1' - 7 1/2"
5' - 3"
Shelves
36" Sink
Elect.

Range
SHOWER
HEAD
6 1
5 5
5 5
5 7
5 5 5
7 11
4 5
1 2
2 4
1 11
42"H. DECORATIVE

GUARDRAIL
16"
COLUMN
* EGRESS
WDW
SHOWER
HEA
D
30" LIN.

CAB.

WASHER
DRYER
VENT
HB
HB
36"H. HANDRAIL
1' - 5" 1' - 3"
A/C
UNITS
-8
-8
-8
Downspout
Downspout
Downspout
Downspout
Downspout
Downspout
476' - 6"
2 A3.3
1 A3.2
8' - 7"
Opt. Vertical
Platform Lift
8' - 5 1/2" 4' - 2" 10' - 2 1/2"
10' - 0"
26' - 0"
5' - 6" 5' - 6"
6' - 4" 15' - 8" 23' - 0" 15' - 2" 5' - 2" 7' - 10"
65' - 4" 16' - 3 1/2" 14' - 4 1/2"
18x24

CRAWL SPACE
ACCESS
DN.
9R
1 A5.0
1 A3.3
2 A3.3
5' - 0"
5 6' - 7"
R&S
COAT CL.
4' - 0"
4' - 6"
5' - 6"
8' - 3 1/2"
4' - 0" 5' - 7"
BED 5
R&S
4' - 10 1/2" 3' - 10"
2 A3.2
WIC
BATH 4
HALL
5 5
ENTRY
2-CAR GARAGE

STORAGE
11' - 8 1/4"
36" BC
30" LIN.

CAB.
36" BC 1' - 6" 1' - 6"
5' - 6"
5 5
2 2
3 2
RISE= 7 3/4" MAX.

RUN= 10" MIN.
471' - 10"
476' - 6"
Enclosed side with
1/2" -GYP. R1009.9.3
R&S
12' - 5 1/2"
24' - 6"
96' - 0"
MECH
11' - 0 1/2" 7' - 3" 7' - 6" 7' - 6" 5' - 0" 5' - 0" 7' - 0" 3 * EGRESS
WDW
* EGRESS
11' - 8 1/2" 9' - 1"
5' - 8"
1' - 6" 1' - 6"
3' - 6"
5 5
3' - 8" 5' - 8 1/2"
UP
10R -8
476' - 2"
10R
42"H.

GUARDRAIL
TYP.
18"
COLUMN
CONC. STAIRS
ENTRY
9' - 5 1/2"
3' - 4"
6' - 2" 7' - 11"
5 R&S
1 A3.3
CLG 9' -0"
CLG 9' -0"
CLG 9' -0"
CLG 9' -0" CLG 9' -0"
CLG 9' -0"
CLG 9' -0"
CLG 9' -0"
CLG 9' -0"
CLG 9' -0"
CLG 10' -0"
CLG 9' -0"
CLG 9' -0"
13' - 0 1/2"
1' - 6"

LAUNDRY
13 Island

R&S R&S
R&S
6' - 0"
14' - 0" 9' - 6" 3' - 0" 4' - 0" 1' - 9"
11' - 0"
12' - 1"
5' - 3" 5' - 0 1/2"
4' - 3 1/2"
WIC
R&S
5 8' - 0" 5' - 7" 5' - 1 1/2" 5' - 7" 1' - 8 1/2" 4' - 6" 13' - 4" CLG 9' -0"
CLG 10' -0"
6' - 0" 6' - 3 1/2" 4' - 6" 14' - 7" 8' - 2" 32' - 3"
16' - 9 3/8"
CLG 9' -0"
CLG 9' -0"
CLG 9' -8"
CLG 9' -0"
CLG 9' -0"
BATH 5 CL.
471' - 0"
CONC.

DRIVEWAY
8" CURB

PLANTER
3 2
45 CLG 9' -0"
8 Operable Emergency Escape and
Rescue opening
CBC 1030 & CRC R310
1 - Min. net clear openable dimension of 24 inches in
height (R310.1.2)
2 - Min. net clear openable dimension 20 inches in width (R310.1.3)
3 - Min net clear openable dimension of 5.7 square feet in area. Grade floor openings shall have a minimum net clear opening of 5 sq.ft (R310.1.1)
4 - The bottom of the clear opening shall not be greater than 44 inches measure from the floor. (R310.1)
5 - Glazing in an individual fixed or operable panel
adjadent to a door where the nearest vertical edge is within a 24 inch arc of the door in a closed position and whose bottom edge is less than 60 inches above the floor or
walking surface (R308.4.2)
6 - Glazing in an individual fixed or operable panels that meet all of the following conditions: (R308.4.3)
1) Exposed area of an individual pane greater than 9
Sq.Ft.
2) Bottom edge less than 18 inches above the floor.
3) Top edge greater than 36 inches above the floor.
4) One or more walking surfaces within 36 inches
horizontally of the glazing.

Safety Glazing (Tempered)
conforming to the human impact
loads of per Sections R308.3 &
308.4
a) Shower conpartments and walls above bathtubs with
installed shower heads shall be finished with a smooth, nonabsorbent surface to a height not less than 72 inches (6ft). (CRC R307.2)
b) The maximum hot water temperature discharging from
the bathtub, shower and whirlpool bathtub filler shall be limited to 120 degrees Fahreinheit. The water heater
thermostat shall not be considered a control from meeting this provision. (CPC 408.3)
c) Control valves and showerheads shall be located on the sidewall of shower compartments or be otherwise arranged so that the showerhead does not discharged directly at the entrance to the compartment and the bather can adjust the valves prior to stepping into the shower spray. (CPC 408.9) Minimum Plan Notes:

Thresholds at doorways shall not exceed 3/4 inch (19.1
mm) in height for sliding doors serving dwelling units or 1/2 inch (12.7 mm) for other doors. Raised thresholds and floor level changes greater than 1/4 Inch (6.4 mm) at doorways shall be beveled with a stope not greater than one unit vertical in two units horizontal (50 -percent slope).

Exception: The threshold height shall be limited to 3/4 inches (197 mm) where the occupancy is Group A·2 or R·
3; the door is an exterior door that is not a component of the required means of egress; the door. other than an
exterior storm or screen door, does nol swing over the
landing or step; and the doorway is not on an accessible route as required by Chapler 11 A or 11 B and is not part of an adaptable or accessible dwelling unit.

Thresholds:

FLOOR TO FLOOR HEIGHT: 5' -9"
CONVERTED TO INCHES: 69"
TOTAL NUMBERS OF RISERS: 10

STAIR DIAGRAM & CALCS
TYP. RISER HEIGHT: 7"
TREAD: 10" NOSING: 1" 7"
7 3/4" MAX.

TREAD=10"
1"
11"
THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:

As indicated FIRST FLOOR PLAN
AUG 29TH, 2022
A1.1
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
1/4" = 1'-0" 1 FIRST FLOOR PLAN
Revision
Revision
Number
Revision
Date
244
Item # C11.

Operable Emergency Escape and
Rescue opening
CBC 1030 & CRC R310
1 - Min. net clear openable dimension of 24 inches in
height (R310.1.2)
2 - Min. net clear openable dimension 20 inches in width (R310.1.3)
3 - Min net clear openable dimension of 5.7 square feet in area. Grade floor openings shall have a minimum net clear opening of 5 sq.ft (R310.1.1)
4 - The bottom of the clear opening shall not be greater than 44 inches measure from the floor. (R310.1)
5 - Glazing in an individual fixed or operable panel
adjadent to a door where the nearest vertical edge is within a 24 inch arc of the door in a closed position and whose bottom edge is less than 60 inches above the floor or
walking surface (R308.4.2)
6 - Glazing in an individual fixed or operable panels that meet all of the following conditions: (R308.4.3)
1) Exposed area of an individual pane greater than 9
Sq.Ft.
2) Bottom edge less than 18 inches above the floor.
3) Top edge greater than 36 inches above the floor.
4) One or more walking surfaces within 36 inches
horizontally of the glazing.

Safety Glazing (Tempered)
conforming to the human impact
loads of per Sections R308.3 &
308.4
a) Shower conpartments and walls above bathtubs with
installed shower heads shall be finished with a smooth, nonabsorbent surface to a height not less than 72 inches (6ft). (CRC R307.2)
b) The maximum hot water temperature discharging from
the bathtub, shower and whirlpool bathtub filler shall be limited to 120 degrees Fahreinheit. The water heater
thermostat shall not be considered a control from meeting this provision. (CPC 408.3)
c) Control valves and showerheads shall be located on the sidewall of shower compartments or be otherwise arranged so that the showerhead does not discharged directly at the entrance to the compartment and the bather can adjust the valves prior to stepping into the shower spray. (CPC 408.9) Minimum Plan Notes:

Thresholds at doorways shall not exceed 3/4 inch (19.1
mm) in height for sliding doors serving dwelling units or 1/2 inch (12.7 mm) for other doors. Raised thresholds and floor level changes greater than 1/4 Inch (6.4 mm) at doorways shall be beveled with a stope not greater than one unit vertical in two units horizontal (50 -percent slope).

Exception: The threshold height shall be limited to 3/4 inches (197 mm) where the occupancy is Group A·2 or R·
3; the door is an exterior door that is not a component of the required means of egress; the door. other than an
exterior storm or screen door, does nol swing over the
landing or step; and the doorway is not on an accessible route as required by Chapler 11 A or 11 B and is not part of an adaptable or accessible dwelling unit.

Thresholds:

WALL LEGEND
2x6 Exterior Wall - Stucco
2x4 Exterior Wall - Stucco
2x4 Interior Wall
Attic Ventilation:

Underfloor Ventilation:

Total underfloor area 4,400 Sq.Ft.
1 Sq.Ft for each 150 Sq.Ft. = 29.33 Sq.Ft of ventilation Foundation Vent of 7.5 inch by 14.33 inch = .73 Sq.Ft.

29.33 Sq.Ft of ventilation needed = 41 vents
Ventilated areas are not to be less than 1/150 =
Eve Vents to be 7.5 inch by 22.33 inch = 1.6 Sq.Ft.
* Total Attic over Garage area = 474 Sq.Ft.
2 Vents needed.
* Total Attic over Main Floor area = 5,317 Sq.Ft.
23 Vents needed.
* Total Attic over Game Room area = 660 Sq.Ft.
3 Vents needed.

FLOOR TO FLOOR HEIGHT: 5' -9"
CONVERTED TO INCHES: 69"
TOTAL NUMBERS OF RISERS: 10

STAIR DIAGRAM & CALCS
TYP. RISER HEIGHT: 7"
TREAD: 10" NOSING: 1" 7"
7 3/4" MAX.

TREAD=10"
1"
11"
4 A3.1
4 A3.1
3 A3.2
3 A3.2
1 A3.2
1 A3.2
2 A3.2
2 A3.2

GAME ROOM
ENTRY

OPEN TO
BELOW
42" H.

GUARDRAIL
DN.
9' -0" CLG
DECK
42" H.

GUARDRAIL
2 Floor Drain Floor Drain
12 481' - 11"
481' - 9 1/2"
-1 1/2"
2 2
18' - 0"
9' - 5 1/2" 16' - 5 1/2" 6' - 6 1/2"
13' - 5 1/2" 3' - 0"
3" / 12"
3" / 12"
3" / 12"
17' - 7 1/2" 16' - 5 1/2"
13' - 5 1/2" 3' - 0"
3" / 12"
1' - 3 1/2" 3' - 0 5/8" 12' - 8 7/8"
15' - 6 1/2" 4' - 7"
THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:

As indicated GAME ROOM FLOOR PLAN
AUG 29TH, 2022
A1.2
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
Revision
Revision
Number
Revision
Date
1/4" = 1'-0" 2 GAME ROOM FLOOR
245
Item # C11.

HIP

LINE OF EXTERIOR

WALL BELOW
GUTTER
TO WH.

Pipe to water
heater
WH
Elect.
100 AMP.

Sub -Panel

SPANISH TILE ROOFING -

CLASS A FIRE RATED

LINE OF

EXTERIOR WALL
BELOW
RIDGE
VALLEY
RIDGE
HIP
HIP
HIP

SOLAR HEATING WATER

PATHWAY
(4.211.4.Energy Code
S110.10)
0 4 ' 8 ' 2 '
SCALE: 1/4" = 1' -0"
10' - 0"
12' - 0"
RIDGE
12' - 0"
16' - 0"

UNDER SEPARATE
PERMIT
SOLAR ZONE AREA#1
(120 SQ.FT)

UNDER SEPARATE
PERMIT
SOLAR ZONE AREA#2
(192 SQ.FT)
RIDGE
RIDGE
VALLEY
VALLEY
HIP
HIP
HIP
HIP
HIP
HIP
RIDGE 3" / 12"
5" / 12" 5" / 12"
5" / 12"
3" / 12"

ELECTRICAL
METER
200 AMP.

POINT OF TERMINATION:

PROVIDE 1" CONDUIT FOR

FUTURE SOLAR PANEL
USE.
(SEE FLOOR PLAN FOR
INVERTER AND MAIN ELEC.

PANEL LOCATIONS)
TO WH.

HIP

SPANISH TILE ROOFING -

CLASS A FIRE RATED

LINE OF EXTERIOR

WALL BELOW
O.H. TYP.
2' - 0"
2' - 0"
24" OVERHANG TYP.
2' - 0"

FRONT DECK
3" / 12"
3" / 12" 3" / 12"
VALLEY

HIP VALLEY
3" / 12"
3" / 12"
HIP
HIP
VALLEY
1' - 6" 1' - 6"
1' - 6"
RIDGE
HIP
HIP
HIP
HIP
RIDGE
VALLEY
VALLEY

HIP HIP
3" / 12" 3" / 12"
3" / 12"
VALLEY
HIP
3" / 12"
3" / 12" 3" / 12"
RIDGE
3" / 12"
3" / 12"
3" / 12"
3" / 12"
3" / 12"
3" / 12" 3" / 12"
3" / 12" 3" / 12"
3" / 12"
3" / 12"
3" / 12"
3" / 12"
3" / 12"
491' - 1 1/2"
492' - 4 1/2"
493' - 6 7/8"
493' - 2 5/8"
481' - 9 1/2"
490' - 2 7/8"
492' - 11 1/4"
491' - 11"
491' - 9 1/4"
Attic Ventilation:

Underfloor Ventilation:

Total underfloor area 4,400 Sq.Ft.
1 Sq.Ft for each 150 Sq.Ft. = 29.33 Sq.Ft of ventilation Foundation Vent of 7.5 inch by 14.33 inch = .73 Sq.Ft.

29.33 Sq.Ft of ventilation needed = 41 vents
Ventilated areas are not to be less than 1/150 =
Eve Vents to be 7.5 inch by 22.33 inch = 1.6 Sq.Ft.
* Total Attic over Garage area = 474 Sq.Ft.
2 Vents needed.
* Total Attic over Main Floor area = 5,317 Sq.Ft.
23 Vents needed.
* Total Attic over Game Room area = 660 Sq.Ft.
3 Vents needed.

THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:

As indicated ROOF PLAN
AUG 29TH, 2022
A1.3
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
1/4" = 1'-0" 1 ROOF PLAN
Revision
Revision
Number
Revision
Date
246
Item # C11.
1ST FLOOR PLAN
476' - 6"
1ST T.O.P
485' - 6"
T.O ROOF
493' - 7"
T.O ROOF
493' - 7"
Exterior finish -
7/8" Painted Stucco over
Paper -Backed Metal Lath.

SW -7508 TAVERN
TAUPE

GARAGE FLOOR PLAN
471' - 6"

FRONT ELEVATION
9' - 0"
GARAGE T.O.P
480' - 6"
8" Stucco Band
SW -6995 SUPERWHITE
Downspout
9' - 0" 1' - 5" 9' - 0"
Foundation Vents

GAME ROOM FLOOR
481' - 11"
GAME ROOM T.O.P
490' - 11"
Spanish tile roof - Class A -fire
rated
Eagle Roofing -
LHM 8709 El Morado Blend
1 3
3 3

APPROVED ADDRESS AT

STREET AND HOUSE
(MIN. 4" HIGH LETTER
5"
12"
5"
12" 3"
12"
3"
12" 3"
12"
3"
12"
3"
12"
3"
12" 3"
12"
3"
12"
3"
12"
0' - 8"
MAX.BLDG HEIGHT
22' - 9"
G. 473.25'
G. 475.75'
1ST FLOOR PLAN
476' - 6"
1ST T.O.P
485' - 6"
T.O ROOF
493' - 7"
T.O ROOF
493' - 7"

GARAGE FLOOR PLAN
471' - 6"
GARAGE T.O.P
480' - 6"
9' - 0"
18' - 9"
9' - 0" 1' - 5"
476' - 2"
Exterior finish - 7/8" Painted
Stucco over Paper Backed
Metal Lath.

SW -7508 TAVERN TAUPE
Spanish tile Roof
Class A -fire rated
Eagle Roofing -
LHM 8709 El Morado Blend
Downspout
SW -7508 TAVERN
TAUPE
1' - 5"
17' - 10 1/4" GAME ROOM FLOOR
481' - 11"
GAME ROOM T.O.P
490' - 11"
9' - 0"
Lighting Fixture
Motion Sensor Outdoor
Wall Lights
Elimegan
Trim - Smooth Stucco
SW -6995 Superwhite
3"
12"
3"
12"
3"
12"
3"
12" 3"
12"
5"
12"
3"
12"
3"
12"
3"
12"
471' - 0"
22' - 9"
THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS PARTNERED WITH DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:
1/4" = 1'-0" FRONT & RIGHT SIDE ELEVATION
AUG 29TH, 2022
A2.0
###

VETERANS DESIGN &

DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
Revision
Revision
Number Revision Date
247
Item # C11.
1ST FLOOR PLAN
476' - 6"
1ST T.O.P
485' - 6"
T.O ROOF
493' - 7"
3"
12"

REAR ELEVATION
Spanish Tile Roof
Class A -fire rated
Eagle Roofing -
LHM 8709 El Morado Blend
Exterior finish - 7/8" Painted
Stucco over Paper Backed
Metal Lath.

SW -7508 TAVERN TAUPE
HB HB
9' - 0" 5' - 7 1/2" 1' - 5"
18' - 6"
Grade
Downspout
SW -7508 TAVERN TAUPE
3"
12"
3"
12"
3"
12"
3"
12"
3"
12"
3"
12"
3"
12"
1ST FLOOR PLAN
476' - 6"
1ST T.O.P
485' - 6"
T.O ROOF
493' - 7"
T.O ROOF
493' - 7"
Exterior finish -
7/8" Painted Stucco over Paper -
Backed Metal Lath.

SW -7508 TAVERN TAUPE
Elect.

Meter
Spanish Tile Roof -Class A -fired rated
Eagle Roofing -
LHM 8709 El Morado Blend
GARAGE T.O.P
480' - 6"
18' - 6"
6' - 3 1/4" 9' - 0"
Exterior finish -
7/8" Painted Stucco over Paper -
Backed Metal Lath.

SW -7508 TAVERN TAUPE
Spanish Tile Roof -Class A -fired
rated

EAGLE ROOFING -
498 KONA RED RANGE
Downspout
SW -7508 TAVERN TAUPE
42"H Guardrail
Typ.

GAME ROOM FLOOR
481' - 11"
GAME ROOM T.O.P
490' - 11"
3"
12"
Downspout
SW -7508 TAVERN
TAUPE
9' - 0" 1' - 5"
3"
12"
3"
12"
3"
12" 3"
12"
3"
12"
3"
12"
THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS PARTNERED WITH DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:
1/4" = 1'-0" REAR & LEFT SIDE ELEVATION
AUG 29TH, 2022
A2.1
###

VETERANS DESIGN &

DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
Revision
Revision
Number Revision Date
248
Item # C11.

1. See 2016 CRC notes for guard and hand railinguther
requirements and specifications on Sheet C.S.

2. Stairways shall not be less than 36 inches (914 mm) in clear width at all points above the permitted handrail and below the required headroom height. Hanrails shall not
project more than 4.5 inches (114 mm) on either side.

R311.7.1 Width.

3. The maximun riser height shall be 7 3/4 inches (196
mm). The riser shall be measured vertically between
leading edges of the adjacent treads. The greatest riser height within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm). R311.7.4.1 Riser height.

4.The minimum tread depth shall be 10 inches (254 mm).

The tread depth shall be measured horizontally between
the vertical planes of the foremost projection of adjacent treads and at a right angle to the tread's leading edge. The greatest tread depth within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm).

Consistently shaped winders at the walkline shall be
allowed within the same flight of stairs as rectangular treads and do not have to be within 3/8 inch (9.5 mm) of the rectangular tread depth. R311.7.4.2 Tread depth.

STAIRS,HANDRAILS NOTES

1. Guard at open sided walking surface shall not less
than 42" high.

2. Required guards shall not have openings from the
walking surface to the required guard ht. which allow
passage of a sphere 4" in Dia.

RAILING NOTE:
1ST FLOOR PLAN
476' - 6"
1ST T.O.P
485' - 6"
T.O ROOF
493' - 7"
PAD
474' - 0"
FOYER
6' - 10 1/2" 9' - 0"

GREATROOM
3"
12"
R30 Insulation
Floor over Crawl
R15 Ext. wall
Insulation
R38 Insulation
Foundation
See Structural dwgs

ROOF FRAMING
(Ref. to ENG. Plans) 3"
12"
3"
12"
3"
12"
5"
12"

CLG HEIGHT
9' - 0"

CLG HEIGHT
10' - 3"
1' - 5"
16' - 8 1/4"
1ST FLOOR PLAN
476' - 6"
1ST T.O.P
485' - 6"
T.O ROOF
493' - 7"
PAD
474' - 0"
WC
M. BED LIN.

KITCHEN

GREATROOM PANTRY
R30 Insulation
Floor over Crawl
R15 Ext. wall
Insulation
R38 Insulation
R15 Ext. wall
Insulation
R38 Insulation
R30 Insulation
Floor over Crawl

ROOF FRAMING
(Ref. to ENG. Plans)
Foundation
See Structural Dwgs
16' - 1 7/8"
HALL BATH 4
CLG. HEIGHT
9' - 0"
3"
12"
3"
12"
3"
12"
3"
12"

CLG HEIGHT
10' - 0"

CLG HEIGHT
9' - 0"
M.BATH
13' - 7 7/8"
FLOOR TO FLOOR HEIGHT: 5' -9"
CONVERTED TO INCHES: 69"
TOTAL NUMBERS OF RISERS: 10

STAIR DIAGRAM & CALCS
TYP. RISER HEIGHT: 7"
TREAD: 10" NOSING: 1" 7"
7 3/4" MAX.

TREAD=10"
1"
11"
Attic Ventilation:

Underfloor Ventilation:

Total underfloor area 4,400 Sq.Ft.
1 Sq.Ft for each 150 Sq.Ft. = 29.33 Sq.Ft of ventilation Foundation Vent of 7.5 inch by 14.33 inch = .73 Sq.Ft.

29.33 Sq.Ft of ventilation needed = 41 vents
Ventilated areas are not to be less than 1/150 =
Eve Vents to be 7.5 inch by 22.33 inch = 1.6 Sq.Ft.
* Total Attic over Garage area = 474 Sq.Ft.
2 Vents needed.
* Total Attic over Main Floor area = 5,317 Sq.Ft.
23 Vents needed.
* Total Attic over Game Room area = 660 Sq.Ft.
3 Vents needed.

THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:

As indicated BUILDING SECTIONS
AUG 29TH, 2022
A3.0
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
1/4" = 1'-0" 1 SECTION A
1/4" = 1'-0" 2 SECTION B
Revision
Revision
Number
Revision
Date
249
Item # C11.

1. See 2016 CRC notes for guard and hand railinguther
requirements and specifications on Sheet C.S.

2. Stairways shall not be less than 36 inches (914 mm) in clear width at all points above the permitted handrail and below the required headroom height. Hanrails shall not
project more than 4.5 inches (114 mm) on either side.

R311.7.1 Width.

3. The maximun riser height shall be 7 3/4 inches (196
mm). The riser shall be measured vertically between
leading edges of the adjacent treads. The greatest riser height within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm). R311.7.4.1 Riser height.

4.The minimum tread depth shall be 10 inches (254 mm).

The tread depth shall be measured horizontally between
the vertical planes of the foremost projection of adjacent treads and at a right angle to the tread's leading edge. The greatest tread depth within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm).

Consistently shaped winders at the walkline shall be
allowed within the same flight of stairs as rectangular treads and do not have to be within 3/8 inch (9.5 mm) of the rectangular tread depth. R311.7.4.2 Tread depth.

STAIRS,HANDRAILS NOTES
1ST FLOOR PLAN
476' - 6"
1ST T.O.P
485' - 6"
T.O ROOF
493' - 7"
PAD
474' - 0"
MINI-BAR WIC LIN. HALLWAY EXERCISE ROOM
9' - 0" 6' - 2 3/8"
R38 Insulation
R15 Ext. wall
Insulation
Foundation
See Structural Dwgs
R38 Insulation
R15 Ext. wall
Insulation
R30 Insulation
Floor over Crawl
R30 Insulation
Floor over Crawl

ROOF FRAMING
(Ref. to ENG. Plans)
CLG. HEIGHT
9' - 0"
3"
12"
3"
12"
3"
12"
3"
12"
CLG. HEIGHT
9' - 0"

CLG HEIGHT
9' - 0"
15' - 2 3/8"
1ST FLOOR PLAN
476' - 6"
1ST T.O.P
485' - 6"
T.O ROOF
493' - 7"

GARAGE FLOOR PLAN
471' - 6"
GARAGE T.O.P
480' - 6"

STORAGE
ENTRY
5"
12"
3"
12"
Opt. Vertical
Platform Lift
42"H.

Guardrail

GAME ROOM FLOOR
481' - 11"
GAME ROOM T.O.P
490' - 11"
5/8" TYPE 'X'
GYP. BD. MIN.

R-302.6
R38 Insulation
R15 Ext. wall
Insulation
Foundation
See Structural Dwgs
CLG. HEIGHT
9' - 0"
2' - 3 5/8" 9' - 0" 1' - 5" 9' - 0"
3"
12"
3"
12"
3"
12"
3"
12"
3"
12"
5"
12"
2' - 6"

1. Guard at open sided walking surface shall not less
than 42" high.

2. Required guards shall not have openings from the
walking surface to the required guard ht. which allow
passage of a sphere 4" in Dia.

RAILING NOTE:

FLOOR TO FLOOR HEIGHT: 5' -9"
CONVERTED TO INCHES: 69"
TOTAL NUMBERS OF RISERS: 10

STAIR DIAGRAM & CALCS
TYP. RISER HEIGHT: 7"
TREAD: 10" NOSING: 1" 7"
7 3/4" MAX.

TREAD=10"
1"
11"
Attic Ventilation:

Underfloor Ventilation:

Total underfloor area 4,400 Sq.Ft.
1 Sq.Ft for each 150 Sq.Ft. = 29.33 Sq.Ft of ventilation Foundation Vent of 7.5 inch by 14.33 inch = .73 Sq.Ft.

29.33 Sq.Ft of ventilation needed = 41 vents
Ventilated areas are not to be less than 1/150 =
Eve Vents to be 7.5 inch by 22.33 inch = 1.6 Sq.Ft.
* Total Attic over Garage area = 474 Sq.Ft.
2 Vents needed.
* Total Attic over Main Floor area = 5,317 Sq.Ft.
23 Vents needed.
* Total Attic over Game Room area = 660 Sq.Ft.
3 Vents needed.

THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:

As indicated BUILDING SECTIONS
AUG 29TH, 2022
A3.1
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
1/4" = 1'-0" 3 SECTION C
1/4" = 1'-0" 4 SECTION D
Revision
Revision
Number
Revision
Date
250
Item # C11.
1ST FLOOR PLAN
476' - 6"
1ST FLOOR PLAN
476' - 6"
1ST T.O.P
485' - 6"
1ST T.O.P
485' - 6"
T.O ROOF
493' - 7"
T.O ROOF
493' - 7"
PAD
474' - 0"

GARAGE FLOOR PLAN
471' - 6"
GARAGE T.O.P
480' - 6"
KITCHEN ?
ENTRY
2-CAR GARAGE
4' - 8"

ROOF FRAMING
(Ref. to ENG. Plans)
R38 Insulation
R15 Ext. wall
Insulation
Foundation
See Structural Dwgs
R30 Insulation
Floor over Crawl

GAME ROOM FLOOR
481' - 11"
5' - 5"
GAME ROOM T.O.P
490' - 11"
CLG. HEIGHT
9' - 0"
CLG. HEIGHT
8' - 9"
3"
12"
R38 Insulation
R15 Ext. wall
Insulation
Foundation
See Structural Dwgs

GAME ROOM
HALL
MAX. BLDG HEIGHT
22' - 9"
10' - 3 3/4"
9' - 0" 9' - 0" 1' - 5"
3' - 6"
1' - 1 1/2"
3"
12"
3"
12"
HALL
3"
12"
CLG. HEIGHT
9' - 0"
3' - 6"
10' - 4 1/2"
CLG. HEIGHT
9' - 0"
BED 4
DECK
3"
12"
3"
12"
16' - 8 1/4"
T.O ROOF
493' - 7"

GARAGE FLOOR PLAN
471' - 6"
GARAGE T.O.P
480' - 6"
2-CAR GARAGE
9' - 0"

GAME ROOM FLOOR
481' - 11"
GAME ROOM T.O.P
490' - 11"

GAME ROOM
9' - 0" 1' - 5"
Foundation
See Structural Dwgs

ROOF FRAMING
(Ref. to ENG. Plans)
9' - 0"
3"
12"
3"
12"
3"
12"
3"
12"
22' - 9"

1. See 2016 CRC notes for guard and hand railinguther
requirements and specifications on Sheet C.S.

2. Stairways shall not be less than 36 inches (914 mm) in clear width at all points above the permitted handrail and below the required headroom height. Hanrails shall not
project more than 4.5 inches (114 mm) on either side.

R311.7.1 Width.

3. The maximun riser height shall be 7 3/4 inches (196
mm). The riser shall be measured vertically between
leading edges of the adjacent treads. The greatest riser height within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm). R311.7.4.1 Riser height.

4.The minimum tread depth shall be 10 inches (254 mm).

The tread depth shall be measured horizontally between
the vertical planes of the foremost projection of adjacent treads and at a right angle to the tread's leading edge. The greatest tread depth within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm).

Consistently shaped winders at the walkline shall be
allowed within the same flight of stairs as rectangular treads and do not have to be within 3/8 inch (9.5 mm) of the rectangular tread depth. R311.7.4.2 Tread depth.

STAIRS,HANDRAILS NOTES

1. Guard at open sided walking surface shall not less
than 42" high.

2. Required guards shall not have openings from the
walking surface to the required guard ht. which allow
passage of a sphere 4" in Dia.

RAILING NOTE:

FLOOR TO FLOOR HEIGHT: 5' -9"
CONVERTED TO INCHES: 69"
TOTAL NUMBERS OF RISERS: 10

STAIR DIAGRAM & CALCS
TYP. RISER HEIGHT: 7"
TREAD: 10" NOSING: 1" 7"
7 3/4" MAX.

TREAD=10"
1"
11"
1ST FLOOR PLAN
476' - 6"
T.O ROOF
493' - 7"
PAD
474' - 0"

GARAGE FLOOR PLAN
471' - 6"
GARAGE T.O.P
480' - 6"

GAME ROOM FLOOR
481' - 11"
GAME ROOM T.O.P
490' - 11"

GAME ROOM
2-CAR GARAGE

STORAGE
ENTRY
HALL

CLG HEIGHT
9' - 3"
9' - 0"
DECK
5/8" TYPE 'X'
GYP. BD. MIN.

R-302.6
5/8" TYPE 'X' GYP. BD.

MIN. ON INTERIOR

GARAGE WALLS &
CLG . R -302.6
9' - 0"
3"
12" 3"
12"
7' - 7 1/2"
22' - 9"
Attic Ventilation:

Underfloor Ventilation:

Total underfloor area 4,400 Sq.Ft.
1 Sq.Ft for each 150 Sq.Ft. = 29.33 Sq.Ft of ventilation Foundation Vent of 7.5 inch by 14.33 inch = .73 Sq.Ft.

29.33 Sq.Ft of ventilation needed = 41 vents
Ventilated areas are not to be less than 1/150 =
Eve Vents to be 7.5 inch by 22.33 inch = 1.6 Sq.Ft.
* Total Attic over Garage area = 474 Sq.Ft.
2 Vents needed.
* Total Attic over Main Floor area = 5,317 Sq.Ft.
23 Vents needed.
* Total Attic over Game Room area = 660 Sq.Ft.
3 Vents needed.

THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:

As indicated BUILDING SECTIONS
AUG 29TH, 2022
A3.2
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
1/4" = 1'-0" 1 SECTION E
1/4" = 1'-0" 3 SECTION F
Revision
Revision
Number
Revision
Date
1/4" = 1'-0" 2 SECTION E1
251
Item # C11.

FASCIA GUTTER W/

WIRE GUARD TO PREVENT

ACCUMULATION OF

LEAVES / DEBRIS

BLOCKING

EDGE NAIL
SIMPSON A35

ROOF SHEATHING
2X ROOF RAFTERS

SPANISH TILE - CLASS A-FIRE

WATERPROOF MEMBRANE
1 LITER OF #30 FELT

ATTIC VENTING
R-38 INSULATION
2X CEILING JOISTS

DOUBLE TOP PLATE

FINISH PAD SLOPED AWAY FROM
FDN @ 2% MIN.
3/4" CDX T&G

PLWD SUBFLOOR
2X FLOOR JOIST
R-30 INSULATION
R-15 INSULATION
1/2" DRYWALL TYP.
3/8" PLY. SHEATHING w/ 8d
NAILS @ 6" O.C.
@ EDGES @ 12' O.C. @ FIELD

WATER PROOF MEMBRANE

EXTERIOR FINISH -STUCCO
2X STUD WALL
@ 16" O.C.
16 d SILL NAIL
5/8" X 10" EMBEDMENT ANCHOR
BOLTS w/3"X3" X0.229" WASHER @
6' O.C. WITHIN 12" OF EACH END
WEEP SCREED (TYP.)

EDGE NAIL

DOUBLE TOP PLATE
377.1

FOUNDATION AS PER

STRUCTURAL ENGINEER
& SOIL ENGINEER.

WALLS TALLER THAN 10'

REQUIRE FIREBLOCKING
AS PER ENG.

SIMPSON A35 - See Structural Dwgs

COMPACTED PAD LINE
8" MIN.
1' - 6"
18" MIN. 10"
TYP.
1ST FLOOR PLAN
T.O.P
PAD

ATTIC VENTING

COMPACTED

PAD LINE
2X FLOOR JOIST
R-30 INSULATION
AS PER ENG.

R-15 INSULATION
1/2" DRYWALL TYP.

R-38 INSULATION
2X CEILING JOISTS

DOUBLE TOP PLATE

WATER PROOF MEMBRANE

EXTERIOR FINISH -STUCCO

BLOCKING

EDGE NAIL
SIMPSON A35

ROOF SHEATHING
2X ROOF RAFTERS

SPANISH TILE - CLASS A-FIRE
16 d SILL NAIL
WEEP SCREED (TYP.)

EDGE NAIL
377.1
SIMPSON A35 - See Structural Dwgs

WATERPROOF
MEMBRANE 1 LITER OF
#30 FELT

FASCIA GUTTER W/ WIRE

GUARD TO PREVENT

ACCUMULATION OF LEAVES
/ DEBRIS
3/8" PLY. SHEATHING w/ 8d
NAILS @ 6" O.C. @ EDGES
@ 12' O.C. @ FIELD
2X STUD
WALL @ 16"
O.C.
5/8" X 10" EMBEDMENT ANCHOR
BOLTS w/3"X3" X0.229" WASHER
@ 6' O.C. WITHIN 12" OF EACH
END

FINISH PAD SLOPED AWAY
FROM FDN @ 2% MIN.
3/4" CDX T&G

PLWD SUBFLOOR

FOUNDATION AS PER

STRUCTURAL

ENGINEER & SOIL
ENGINEER.
8" MIN.
10"
TYP.
18" MIN.
1ST FLOOR PLAN
T.O.P
PAD
375.1
375.1
THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:
1" = 1'-0" TYP. WALL SECTIONS
AUG 29TH, 2022
A3.3
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
1" = 1'-0" 2 2-STORY WALL SECTION
Revision
Revision
Number
Revision
Date
1" = 1'-0" 1 1STORY WALL SECTION
252
Item # C11.

THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:
1/8" = 1'-0" DR & WDW SCHEDULE - WDW DETAILS
AUG 29TH, 2022
A4.0
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
1/8" = 1'-0" 1 WINDOW FLASHING DETAILS

DOOR SCHEDULE

MARK COUNT WIDTH HEIGHT COMMENTS
1 1 6' - 0" 6' - 10" SC. DBL DR.
2 1 18' - 0" 8' - 0" BIFOLD FULL TEMP. GL.
3 1 6' - 0" 8' - 0" DBL FULL TEMP.GL.
4 1 15' - 0" 8' - 0" BIFOLD FULL TEMP. GL.
5 18 2' - 8" 8' - 0" SC DR.
6 2 6' - 0" 8' - 0" SC. DBL. DR.
7 2 5' - 0" 8' - 0" EXT. SC. DLB DR
8 1 3' - 0" 8' - 0" SC.20 MIN. FIRE RATED
9 1 6' - 0" 8' - 0" SC. DBL DR.
10 1 16' - 0" 7' - 0" OVHG DR.
11 1 2' - 8" 7' - 0" TEMP.GL.
12 1 12' - 0" 8' - 0" SLD FULL TEMP. GL.
13 1 3' - 0" 8' - 0" SC DR.

Grand total: 32

WINDOW SCHEDULE

MARK COUNT WIDTH HEIGHT COMMENTS
1 3 5' - 4" 6' - 0" CSMNT WDW
2 7 CSMNT WDW
3 1 2' - 0" 4' - 0" FXD TEMP.GL.
4 1 4' - 0" 5' - 0" SH
7 1 5' - 4" 6' - 0" CSMNT WDW
8 1 3' - 0" 5' - 0" CSMNT WDW
9 1 3' - 0" 5' - 0" CSMNT WDW
11 1 4' - 0" 4' - 0" SH
12 1 4' - 0" 5' - 0" SH
Grand total: 17
Revision
Revision
Number
Revision
Date
253
Item # C11.

COMPACTED

PAD LINE
AS PER ENG.
377.1
1ST FLOOR
PLAN
PAD
12 (REFER TO STRUCTURALS)
(REFER TO STRUCTURALS)
(REFER TO ELEV.)

TOP OF FLOOR

TOP OF WALL
WIN. ELEV.

PER ELEV.

HDR PER STRUCTURALS
3/4" PLY ON 16"

FLOOR SYSTEM

SOFFIT AS PER
COMMUNITY SPEC.

PRE-ENGINEERED ROOF TRUSSES AT TYP. 24" O.C. BOTTOM
CHORD VARIES. REFER TO TRUSS MFGR. DRAWINGS.

CONCRETE TILE ROOFING: INSTALL PER MAUFACTURE SPEC.

OVER 90 MINERAL FELT, HOT MOPPED , OVER 30 FELT TIN
TAGGED OR (SINGLE PLY SEALED SYSTEM) ON APA RATED 40/20 19/32" EXPOSURE 1 (EXTERIOR GLUE) PLYWOOD, REFER TO
STRUCTURAL DRAWING FOR NAILING SPEC'S.

GUTTER

DOWNSPOUT BEYOND

PROVIDE GALVENIZED JOIST
HANGER PER ENG.

SPECIFICATIONS (RAISE TO

PROVIDE SLOPE)
HEADER PER STRUCT. PLAN
5/8" GYPSUM BOARD -

GLUED AND SCREWED
(TYPICAL FOR ALL CEILINGS)

SEALANT OR CAULKING ALONG

ANY SOLE PLATES OR WOOD
BLOCKING IN EXTERIOR WALLS.
(ALL PENETRATIONS)
2X10 @16" O.C. SLOPED 1/4"
PER FT. AWAY FROM HOUSE
15/32" FIRE RETARDANT
TREATED PLYWOOD OVER 2X10

FIRE BLOCKING BETWEEN
JOISTS
7/8" STUCCO OVER PBML OVER
HOUSEWRAP ON 5/8" TYPE 'X'

GYPSUM BD OVER FIRE

RETARDANT TREATED

PLYWOOD ON TREATED WOOD

FRAMING SYSTEM
TREATED 1X6 TRIM
OVER 1X3 SPACERS
42" HIGH

GAUDRAILING PER
SPEC. SECURE TO

STRUCTURE TO
WITHSTAND 200
LB/INCH SQ.

AZEK DECK - Harvest, Arbor and Terra
Collection - NAILED TO SLEEPERS
See Specs on sheet A5.0
2X4 FIRE TREATED TREATED
SLEEPERS @16" O.C.

BITUMEN MEMBRANE EXTEND UP
ADJACENT WALLS A MIN. 24"

W/DECK-O-TEC WEATHER

PROOFING OVERLAPPING -

EXTEND DOWN OVER RIM JOIST

AND TRIM AFTER INSTALL
3/4" FIRE TREATED T&G

PLYWOOD DECKING
2X FLOOR JOIST
R-30 INSULATION
16 d SILL NAIL
WEEP SCREED (TYP.)

EDGE NAIL
SIMPSON A35 - See Structural Dwgs
3/4" CDX T&G

PLWD SUBFLOOR

FINISH PAD SLOPED AWAY
FROM FDN @ 2% MIN.

FOUNDATION AS PER

STRUCTURAL

ENGINEER & SOIL
ENGINEER.
5/8" X 10" EMBEDMENT ANCHOR
BOLTS w/3"X3" X0.229" WASHER
@ 6' O.C. WITHIN 12" OF EACH
END
BD1 5 1
_
4" x 16" PSL 2.2E
- PER STRUCTURAL PLAN

POST BEYOND - SEE

STRUCTURAL DWGS
2" CONTINUOUS VENT
3'-6" MIN.
8" M IN.
18" M IN.
10" T YP.
375.1
THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:
3/4" = 1'-0" DECK DETAILS
AUG 29TH, 2022
A5.0
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
Revision
Revision
Number
Revision
Date
3/4" = 1'-0" 1 DECK DETAIL
254
Item # C11.

EXPANSION JOINT

SHEATHING

BUILDING WRAP
Notes:

Provide expansion joints
where movement in
stucco or substrate is
anticipated:
- at floor lines,
- at dissimilar construction
materials,
- at existing building or
expansion joints in the
construction,
- at changes in building
height,
- at columns or
cantilevered areas,
- at maximum 144 ft (13.4
m ) intervals.
1)
Do not exceed length to
width ratio of 2.5:1 in
expansion joint layout and
do not exceed more than
18' (5.5m) in any direction
without an expansion joint.
2)
Provide expansion joint
over the moisture barrier
and lap the expanded
metal lath over the joint
flanges. Metal lath must
be discontinuous at the
expansion joint accessory.
3)
Back two piece expansion
joints with barrier
membrane.
4)

SHEATHING

WOOD FRAME

BUILDING WRAP

CONTINUOUS AROUND
CORNER
Notes:

Wrap moisture barrier
minimum 8" (200mm)
around inside corner.
1)
Bend lath at inside corner
and extend past corner
minimum 24" (610mm) in
both directions or use
corner lath over abutted
metal lath. Fasten
securely at the corner.
2)

SHEATHING

WOOD FRAME

CORNER BEAD
Notes:
1)
2)
3)
7/8" STUCCO
7/8" STUCCO

BUILDING WRAP
7/8" STUCCO

STUCCO JOINT OUTSIDE
CORNER DETAIL SCALE: 3"=1'

STUCCO JOINT INSIDE
CORNER DETAIL SCALE: 3"=1'

STUCCO EXPANSION JOINT
DETAIL
SCALE: 3"=1'
Install moisture barrier continuous
around corner without break for
minimum 12" (300mm).

Install expanded metal lath
continuous around corner without
break for minimum 24" (610mm).

Attach corner bead over lath.

PAPER
BACKED

METAL LATH
PAPER
BACKED

METAL LATH
PAPER
BACKED

METAL LATH
GALV. METAL ROOF FLASHING

ROOF MEMBRANE - PER

PRODUCT APPROVAL - LAP UP
WALL

HOUSE WRAP - LAP OVER

J-MOULD

J MOLD W/ PRE-DRILLED HOLES

CEMENTITIOUS FINISH ON
PAPER-BACKED MTL. LATH

LAPPED OVER J-MOULD

FLAT OR 'S'-SHAPED CONCRETE TILE
(SEE ELEVATION) INSTALLED PER

PRODUCT APPROVAL
GALV. METAL ROOF FLASHING

ROOF MEMBRANE - PER

PRODUCT APPROVAL - LAP UP
WALL

HOUSE WRAP - LAP OVER

J-MOULD

J MOLD W/ PRE-DRILLED HOLES

CEMENTITIOUS FINISH ON
PAPER-BACKED MTL. LATH

LAPPED OVER J-MOULD

FLAT OR 'S'-SHAPED CONCRETE

TILE INSTALLED PER PRODUCT

APPROVAL
VENT PIPE THROUGH ROOF.

ONE PIECE SLEEVE
FLASHING LAP 2" INSIDE
VENT.

ROOF CEMENT ALL SIDES

PLYWOOD ROOF SHEATHING

LAP MEMBRANE BASE SHEET

AND CAP SHEET OVER TOP

OF FLANGE ABOVE VENT PIPE
TO 3'' PAST VENT PIPE

APPROVED ROOF TILE
SYSTEM

MEMBRANE BASE SHEET

AND CAP SHEET UNDER

TOP OF FLANGE BELOW

VENT PIPE
ROOF TO FR.WALL-FLAT OR S-TILE DETAIL
VENT-THRU-ROOF DET.FLAT OR S-TILE
ROOF TO FR.WALL-FLAT OR S-TILE DETAIL
6" MIN.
6" MIN.
6" MIN.
6" MIN.
6"
MIN.
12" MIN.
6"
MIN.
2"
3" MIN.

PLAN

SECTION
34" - 38"
3 1____
2"^
2x4 CAP
TYP.

RETURN HANDRAIL
INTO 1X BACKER BD.

GRASPABLE
HANDRAIL; 1 1/4" MIN
TO 1-1/2" MAX

DIAMETER HANDRAIL BRACKETS TO

BE CONNECTED TO
FRAMING PER MANUF.

RECOMMENDATIONS
SIMPSON A35
SIMPSON A35
1 1/2" MIN
1 1/2" MIN
4x HEADER OR 2-2x JOIST

W/ SIMPSON HANGER PT

FOR EXT DECKS
2-2x14 STRINGER EA SIDE

PT FOR EXT DECKS
5_
8" TYPE "X" GYPSUM
BOARD

OMIT FOR DECK

PROVIDE HANDRAIL

EACH SIDE
2x2 PICKETS @
5"O.C. TYP.

HANDRAIL RETURNED
INTO 4X4 (BEYOND)
COUNTERSINK WD.

SCREW#10x2"
2x4 BOTTOM
RAIL
34" - 38"
0'-0"
4x HEADER OR 2-2x JOIST

W/ SIMPSON HANGER PT FOR EXT
DECKS
3_
4" PLYWOOD SUBFLOOR PT EXT
DECKS
2-2x14 STRINGER EA SIDE PT FOR EXT
DECKS
2x4 PLATE

FINISH FLOOR

SECOND FLOOR
ELEV. PER PLANS 5_
8" TYPE "X" GYPSUM BOARD

OMIT FOR DECK
SIMPSON A35
THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:

As indicated TYP. DETAILS
AUG 29TH, 2022
A5.1
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
Revision
Revision
Number
Revision
Date

HANDRAIL DETAIL
TYP. WOOD STAIR DETAIL
255
Item # C11.

THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:

FIREPLACE DETAILS
AUG 29TH, 2022
A5.2
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
Revision
Revision
Number
Revision
Date
256
Item # C11.

GFI

GFI GFI

GFI GFI
3 3
GFI

GFI GFI

GFI GFI
3 WH
ELEC. CAR

CHARGER

ELECTRICAL
METER
200 AMP.

Elect.
100 AMP.

Sub -Panel
2-CAR GARAGE
ENTRY

STORAGE
MECH
9R
HB
HB
NOTE:
1- ALL RECEPTACLES SHALL BE TAMPERED RESISTANT
2- NEW ELECTRICAL SERVICES SHALL BE UNDERGROUND AND INSTALLED PER SECTION CEC 230.30
250.50(A).GROUNDING SYSTEM IN NEW BUILDINGS.

GROUNDING ELECTRODE SYSTEMS IN ALL NEW BUILDINGS SHALL BE AN ELECTRODE ENCASED BY AT LEAST 50MM (TWO INCHES) OF CONCRETE,

LOCATED HORIZONTALLY NEAR THE BOTTOM OR VERTICALLY, AND WITHIN

THAT PORTION OF A CONCRETE FOUNDATION OR FOOTING THAT IS IN DIRECT CONTACT WITH EARTH. THE ELECTRODE SHALL CONSIST OF AT LEAST 6.0M (20 FEET) OF ONE OR MORE STEEL REINFORCING BARS OR RODS, OF NOT LESS THAN 13MM (1/2 INCH) DIAMETER, OR CONSISTING OF AT LEAST 6.0M (20 FEET) PF BARE COPPER CONDUCTOR NOT SMALLER THAN 4 AWG. THE CONNECTION SIDE OF THIS CONCRETE -ENCASED

ELECTRODE SHALL BE LOCATED REMOTELY AWAY FROM THE MAIN
ELECTRICAL SERVICE EQUIPMENT.

LED
LED
Low voltage
garage door
wiring
Opt.Vertical
Platform Lift
GFI
F
F
110V OUTLET, GROUND MOUNTED, WALL TYPE

ELECTRICAL LEGEND
WP

ONLY WAY LIGHT SWITCH

THREE WAY LIGHT SWITCH

RECESSED LIGHT FIXTURE HIGH EFFICACY
RECESSED FLUOR. LIGHT FIXTURE

SURFACE MOUNTED FAN FIXTURE
GFI
110V GROUND FAULT INTERUPT
110V GROUND FAULT INTERUPT WEATHERPROOF

1. ALL NEW & REPLACED RECEPTACLES ARE TO BE TAMPER
PROOF. 2019 CEC Art. 406.12

2. 210.8 GFCI ACCESSIBILITY GFCI SHALL BE INSTALLED IN A

READILY ACCESSIBLE LOCATION, BREAKERS ARE BY DEFAULT

READILY ACCESSIBLE, AND CAUTION MUST BE USED WHEN GFCI

MAY BE BLOCKED BY ITEMS SUCH AS FURNITURE, REFRIGERATOR OR VENDING MACHINE.

3. A COMPLETED CF -2R -LCT -01 -E FORM TO BE SUPPLIES TO BUILDING INSPECTOR PRIOR TO FINAL INSPECTION.

B- PERMANENTLY INSTALLED LUMINAIRES LOCATED IN OTHER

THAN KITCHENS, BATHROOMS, GARAGE, LAUNDRY ROOMS AND

UTILITY ROOMS SHALL BE HIGH EFFICACY LUMINAIRES (EXCEPT CLOSETS LESS THAN 70 SQ.FT): OR ARE CONTROLLED BY A

DIMMER SWITCH OR ARE CONTROLLED BY AN VACANCY SENSOR
THAN COMPLIES WITH SECTION 119 THAT DOES NOT TURN ON
AUTOMATICALLY OR HAVE AN ALWAYS ON OPTION. CEC 150(K)2K

C- LUMINAIRES PROVIDING OUTDOOR LIGHTING AND

PERMANENTLY MOUNTED TO A RESIDENTIAL BUILDING OR TO

OTHER BUILDINGS ON THE SAME LOT SHALL BE HIGH EFFICACY

LUMINAIRES AND ARE CONTROLLED BY OCCUPANT SENSORS

WITH INTEGRAL PHOTO CONTROL CERTIFIED TO COMPLY WITH
SECTION 119. CEC150(K)3A.

ELECTRICAL NOTES
D

PENDANT LIGHTING FIXTURE

WALL MOUNTED LIGHT FIXTURE

FLUORESCENT LIGHT FIXTURE

CEILING FAN

DIMMER SWITCH

EXHAUST FAN WITH LIGHT

EXHAUST FAN

6. IN BATHROOMS, GARAGE, LAUNDRY AND UTILITY ROOM AT

LEAST ONE LUMINAIRE SHALL BE CONTROLLED BY VACANCY
SENSORS. CEC 150(k) 2J.

7. TO BE CONTROLLED BY DIMMERS.

8. ALL INTERIOR & EXTERIOR LIGHTING SHALL BE HIGH EFFICACY.

CEC 150(k) 1A.
11 - ALL DWELLING UNIT 120V 15A, 20A BRANCH CIRCUITS THAN

SUPPLYING OUTLETS IN KITCHEN,FAMILY ROOMS, LIVING ROOMS,

DINING ROOMS, PARLORS, LIBRARIES, DENS, BEDROOMS,

SUNROOMS, RECREATION ROOMS, CLOSETS, HALLWAYS,

LAUNDRY ROOM, MICROWAVE, MEDIA HUB PANEL, SMOKE AND

CO DETECTORS, GARBAGE DISPOSAL, DISHWASHER, GAS RANGE

IGNITER, REFRIGERATOR OR SIMILAR ROOMS, REQUIRE AFCI
PROTECTION.CEC 210.12
14 - AT LEAST ONE 20 AMP BRANCH CIRCUIT SHALL BE PROVIDED TO SUPPY BATHROOM RECEPTACLES OUTLETS. SUCH CIRCUITS
SHALL HAVE NO OTHER OUTLETS. (CEC 210.11(C)(3))

4. ARC -FAULT CIRCUIT INTERRUPTER PROTECTION SHALL
COMPLY WITH ART.210.12 CEC.

5. AT LEAST 100% OF TOTAL WATTAGE PERMANENTLY INSTALLED KITCHEN LIGHTING MUST BE HIGH EFFICACY.CEC 150(K)1A

9. FOR NEW CONSTRUCTION, CARBON MONOXIDE ALARMS SHALL

BE HARD WIRED WITH BATTERY BACKUP AND ALARMS SHALL BE
INTERCONNECTED. (R315.1.1,2)
12 - ALL RECEPTABLES IN BATHROOMS, GARAGES, ACCESORY

BUILDING, OUTDOORS, CRAWL SPACES, UNFINISHED BASEMENTS,

KITCHENS (WHERE RECEPTACLES SERVE COUNTER TOP

SURFACES) DISHWASHER,LAUNDRY, UTILITY, WET BAR SINKS
(WITHIN 6 FEET OF THE EDGE OD THE SINK), SHALL HAVE
GROUND -FAULT CIRCUIT INTERRUPTER (GFCI) PROTECTION. (CEC 210.8D)
OC
PO

MANUAL -ON OCCUPANT SENSOR

PHOTO / MOTION SENSOR
CM

CARBON MONOXIDE ALARM
TITLE 24 - RESIDENTIAL LIGHTING MEASURES.

A - PERMANENTLY INSTALLED LUMINAIRES IN BATHROOMS,

GARAGES, LAUNDRY ROOMS AND UTILITY ROOMS SHALL BE HIGH

EFFICACY LUMINAIRES AND MINIMUM ONE LUMINAIRE SHALL BE

CONTROLLED BY A VACANCY SENSOR, CERTIFIED TO COMPLY
WITH SECTION 119 THAT DOES NOT TURN ON AUTOMATICALLY OR HAVE AN ALWAYS ON OPTION. CEC150(K)2J.

10. FOR NEW CONSTRUCTION, SMOKE ALARMS SHALL BE HARD

WIRED WITH BATTERY BACKUP AND ALARMS SHALL BE
INTERCONNECTED (R314.5)

CEILING FAN WITH LIGHT
SMOKE DETECTOR WITHIN 4" TO 12" OF CLG.
13 - IN ALL AREAS SPECIFIED IN 210.52, ALL 120 VOLT, 15 - AND 20 -

AMPERE RECEPTACLES SHALL BE LISTED TAMPER -RESISTANT
RECEPTACLES. (CEC 406.11)
THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:
1/4" = 1'-0" GARAGE ELECTRICAL FLOOR PLAN
AUG 29TH, 2022
E1.0
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
1/4" = 1'-0" 1 ELECTRICAL GARAGE FLOOR PLAN
Revision
Revision
Number
Revision
Date
257
Item # C11.

REF.

DW
GFI
GFI
3 33
3 3
3 3
GFI
3 GFI GFI

GFI GFI
GFI

GFI GFI GFI
GFI
GFI
GFI
GFI
3 3
3 GFI GFI
3 RGFI
GFI
3 3
GFI
3 3
GFI R
3 GFI GFI
GFI
GFI
3 3
3 GFI
GFI

GFI GFI
GFI
3 33 3

GFI GFI GFI GFI GFI GFI
GFI
F
F
110V OUTLET, GROUND MOUNTED, WALL TYPE

ELECTRICAL LEGEND
WP

ONLY WAY LIGHT SWITCH

THREE WAY LIGHT SWITCH

RECESSED LIGHT FIXTURE HIGH EFFICACY
RECESSED FLUOR. LIGHT FIXTURE

SURFACE MOUNTED FAN FIXTURE
GFI
110V GROUND FAULT INTERUPT
110V GROUND FAULT INTERUPT WEATHERPROOF

1. ALL NEW & REPLACED RECEPTACLES ARE TO BE TAMPER
PROOF. 2019 CEC Art. 406.12

2. 210.8 GFCI ACCESSIBILITY GFCI SHALL BE INSTALLED IN A

READILY ACCESSIBLE LOCATION, BREAKERS ARE BY DEFAULT

READILY ACCESSIBLE, AND CAUTION MUST BE USED WHEN GFCI

MAY BE BLOCKED BY ITEMS SUCH AS FURNITURE, REFRIGERATOR OR VENDING MACHINE.

3. A COMPLETED CF -2R -LCT -01 -E FORM TO BE SUPPLIES TO BUILDING INSPECTOR PRIOR TO FINAL INSPECTION.

B- PERMANENTLY INSTALLED LUMINAIRES LOCATED IN OTHER

THAN KITCHENS, BATHROOMS, GARAGE, LAUNDRY ROOMS AND

UTILITY ROOMS SHALL BE HIGH EFFICACY LUMINAIRES (EXCEPT CLOSETS LESS THAN 70 SQ.FT): OR ARE CONTROLLED BY A

DIMMER SWITCH OR ARE CONTROLLED BY AN VACANCY SENSOR
THAN COMPLIES WITH SECTION 119 THAT DOES NOT TURN ON
AUTOMATICALLY OR HAVE AN ALWAYS ON OPTION. CEC 150(K)2K

C- LUMINAIRES PROVIDING OUTDOOR LIGHTING AND

PERMANENTLY MOUNTED TO A RESIDENTIAL BUILDING OR TO

OTHER BUILDINGS ON THE SAME LOT SHALL BE HIGH EFFICACY

LUMINAIRES AND ARE CONTROLLED BY OCCUPANT SENSORS

WITH INTEGRAL PHOTO CONTROL CERTIFIED TO COMPLY WITH
SECTION 119. CEC150(K)3A.

ELECTRICAL NOTES
D

PENDANT LIGHTING FIXTURE

WALL MOUNTED LIGHT FIXTURE

FLUORESCENT LIGHT FIXTURE

CEILING FAN

DIMMER SWITCH

EXHAUST FAN WITH LIGHT

EXHAUST FAN

6. IN BATHROOMS, GARAGE, LAUNDRY AND UTILITY ROOM AT

LEAST ONE LUMINAIRE SHALL BE CONTROLLED BY VACANCY
SENSORS. CEC 150(k) 2J.

7. TO BE CONTROLLED BY DIMMERS.

8. ALL INTERIOR & EXTERIOR LIGHTING SHALL BE HIGH EFFICACY.

CEC 150(k) 1A.
11 - ALL DWELLING UNIT 120V 15A, 20A BRANCH CIRCUITS THAN

SUPPLYING OUTLETS IN KITCHEN,FAMILY ROOMS, LIVING ROOMS,

DINING ROOMS, PARLORS, LIBRARIES, DENS, BEDROOMS,

SUNROOMS, RECREATION ROOMS, CLOSETS, HALLWAYS,

LAUNDRY ROOM, MICROWAVE, MEDIA HUB PANEL, SMOKE AND

CO DETECTORS, GARBAGE DISPOSAL, DISHWASHER, GAS RANGE

IGNITER, REFRIGERATOR OR SIMILAR ROOMS, REQUIRE AFCI
PROTECTION.CEC 210.12
14 - AT LEAST ONE 20 AMP BRANCH CIRCUIT SHALL BE PROVIDED TO SUPPY BATHROOM RECEPTACLES OUTLETS. SUCH CIRCUITS
SHALL HAVE NO OTHER OUTLETS. (CEC 210.11(C)(3))

4. ARC -FAULT CIRCUIT INTERRUPTER PROTECTION SHALL
COMPLY WITH ART.210.12 CEC.

5. AT LEAST 100% OF TOTAL WATTAGE PERMANENTLY INSTALLED KITCHEN LIGHTING MUST BE HIGH EFFICACY.CEC 150(K)1A

9. FOR NEW CONSTRUCTION, CARBON MONOXIDE ALARMS SHALL

BE HARD WIRED WITH BATTERY BACKUP AND ALARMS SHALL BE
INTERCONNECTED. (R315.1.1,2)
12 - ALL RECEPTABLES IN BATHROOMS, GARAGES, ACCESORY

BUILDING, OUTDOORS, CRAWL SPACES, UNFINISHED BASEMENTS,

KITCHENS (WHERE RECEPTACLES SERVE COUNTER TOP

SURFACES) DISHWASHER,LAUNDRY, UTILITY, WET BAR SINKS
(WITHIN 6 FEET OF THE EDGE OD THE SINK), SHALL HAVE
GROUND -FAULT CIRCUIT INTERRUPTER (GFCI) PROTECTION. (CEC 210.8D)
OC
PO

MANUAL -ON OCCUPANT SENSOR

PHOTO / MOTION SENSOR
CM

CARBON MONOXIDE ALARM
TITLE 24 - RESIDENTIAL LIGHTING MEASURES.

A - PERMANENTLY INSTALLED LUMINAIRES IN BATHROOMS,

GARAGES, LAUNDRY ROOMS AND UTILITY ROOMS SHALL BE HIGH

EFFICACY LUMINAIRES AND MINIMUM ONE LUMINAIRE SHALL BE

CONTROLLED BY A VACANCY SENSOR, CERTIFIED TO COMPLY
WITH SECTION 119 THAT DOES NOT TURN ON AUTOMATICALLY OR HAVE AN ALWAYS ON OPTION. CEC150(K)2J.

10. FOR NEW CONSTRUCTION, SMOKE ALARMS SHALL BE HARD

WIRED WITH BATTERY BACKUP AND ALARMS SHALL BE
INTERCONNECTED (R314.5)

CEILING FAN WITH LIGHT
SMOKE DETECTOR WITHIN 4" TO 12" OF CLG.
13 - IN ALL AREAS SPECIFIED IN 210.52, ALL 120 VOLT, 15 - AND 20 -

AMPERE RECEPTACLES SHALL BE LISTED TAMPER -RESISTANT
RECEPTACLES. (CEC 406.11)

FIREPLACE
24x32

ATTIC ACCESS
GFI
ELEC.

DRYER
WASHER
WP
NOTE:
1- ALL RECEPTACLES SHALL BE TAMPERED RESISTANT
2- NEW ELECTRICAL SERVICES SHALL BE UNDERGROUND AND INSTALLED PER SECTION CEC 230.30
250.50(A).GROUNDING SYSTEM IN NEW BUILDINGS.

GROUNDING ELECTRODE SYSTEMS IN ALL NEW BUILDINGS SHALL BE AN ELECTRODE ENCASED BY AT LEAST 50MM (TWO INCHES) OF CONCRETE,

LOCATED HORIZONTALLY NEAR THE BOTTOM OR VERTICALLY, AND WITHIN

THAT PORTION OF A CONCRETE FOUNDATION OR FOOTING THAT IS IN DIRECT CONTACT WITH EARTH. THE ELECTRODE SHALL CONSIST OF AT LEAST 6.0M (20 FEET) OF ONE OR MORE STEEL REINFORCING BARS OR RODS, OF NOT LESS THAN 13MM (1/2 INCH) DIAMETER, OR CONSISTING OF AT LEAST 6.0M (20 FEET) PF BARE COPPER CONDUCTOR NOT SMALLER THAN 4 AWG. THE CONNECTION SIDE OF THIS CONCRETE -ENCASED

ELECTRODE SHALL BE LOCATED REMOTELY AWAY FROM THE MAIN
ELECTRICAL SERVICE EQUIPMENT. All exterior paddle fans shall be listed for damp
area
WP
WP
CM
CM
GFI
GD
TV
WP WP
WP
CH
CH
CH
M. BED
BED 2
BATH 2
PWD

HALLWAY
M.BATH
WC
WIC

EXERCISE ROOM
FOYER
BED 3
BED 4

GREATROOM

KITCHEN

COVERED PATIO
PANTRY
Under cab.

AC.

UNITS
WP
WP
CM
WIC

MINI-BAR
BED 5
BATH 4
WIC
WIC
BATH 3
ENTRY
COAT CL.

LAUNDRY
WP
WIC
CLG 9' -0"
CLG 9' -0"
CLG 9' -0"
CLG 9' -0"
CLG 10' -0"
CLG 9' -0"
CLG 9' -0"
CLG 9' -0"
CLG 9' -0"
CLG 9' -0"
CLG 9' -0"
CLG 9' -0"
CLG 9' -0"
CLG 9' -0"
CLG 10' -0"
CLG 9' -0" CLG 9' -0"
CLG 9' -0"
BATH 5
CLG 9' -0"
HALL
CLG 9' -0"
THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS PARTNERED WITH DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:
1/4" = 1'-0" FIRST ELECTRICAL FLOOR PLAN
AUG 29TH, 2022
E1.1
###

VETERANS DESIGN &

DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
1/4" = 1'-0" 1 FIRST ELECTRICAL FLOOR PLAN
Revision
Revision
Number Revision Date
258
Item # C11.
3 GFI
F
F
110V OUTLET, GROUND MOUNTED, WALL TYPE

ELECTRICAL LEGEND
WP

ONLY WAY LIGHT SWITCH

THREE WAY LIGHT SWITCH

RECESSED LIGHT FIXTURE HIGH EFFICACY
RECESSED FLUOR. LIGHT FIXTURE

SURFACE MOUNTED FAN FIXTURE
GFI
110V GROUND FAULT INTERUPT
110V GROUND FAULT INTERUPT WEATHERPROOF

1. ALL NEW & REPLACED RECEPTACLES ARE TO BE TAMPER
PROOF. 2019 CEC Art. 406.12

2. 210.8 GFCI ACCESSIBILITY GFCI SHALL BE INSTALLED IN A

READILY ACCESSIBLE LOCATION, BREAKERS ARE BY DEFAULT

READILY ACCESSIBLE, AND CAUTION MUST BE USED WHEN GFCI

MAY BE BLOCKED BY ITEMS SUCH AS FURNITURE, REFRIGERATOR OR VENDING MACHINE.

3. A COMPLETED CF -2R -LCT -01 -E FORM TO BE SUPPLIES TO BUILDING INSPECTOR PRIOR TO FINAL INSPECTION.

B- PERMANENTLY INSTALLED LUMINAIRES LOCATED IN OTHER

THAN KITCHENS, BATHROOMS, GARAGE, LAUNDRY ROOMS AND

UTILITY ROOMS SHALL BE HIGH EFFICACY LUMINAIRES (EXCEPT CLOSETS LESS THAN 70 SQ.FT): OR ARE CONTROLLED BY A

DIMMER SWITCH OR ARE CONTROLLED BY AN VACANCY SENSOR
THAN COMPLIES WITH SECTION 119 THAT DOES NOT TURN ON
AUTOMATICALLY OR HAVE AN ALWAYS ON OPTION. CEC 150(K)2K

C- LUMINAIRES PROVIDING OUTDOOR LIGHTING AND

PERMANENTLY MOUNTED TO A RESIDENTIAL BUILDING OR TO

OTHER BUILDINGS ON THE SAME LOT SHALL BE HIGH EFFICACY

LUMINAIRES AND ARE CONTROLLED BY OCCUPANT SENSORS

WITH INTEGRAL PHOTO CONTROL CERTIFIED TO COMPLY WITH
SECTION 119. CEC150(K)3A.

ELECTRICAL NOTES
D

PENDANT LIGHTING FIXTURE

WALL MOUNTED LIGHT FIXTURE

FLUORESCENT LIGHT FIXTURE

CEILING FAN

DIMMER SWITCH

EXHAUST FAN WITH LIGHT

EXHAUST FAN

6. IN BATHROOMS, GARAGE, LAUNDRY AND UTILITY ROOM AT

LEAST ONE LUMINAIRE SHALL BE CONTROLLED BY VACANCY
SENSORS. CEC 150(k) 2J.

7. TO BE CONTROLLED BY DIMMERS.

8. ALL INTERIOR & EXTERIOR LIGHTING SHALL BE HIGH EFFICACY.

CEC 150(k) 1A.
11 - ALL DWELLING UNIT 120V 15A, 20A BRANCH CIRCUITS THAN

SUPPLYING OUTLETS IN KITCHEN,FAMILY ROOMS, LIVING ROOMS,

DINING ROOMS, PARLORS, LIBRARIES, DENS, BEDROOMS,

SUNROOMS, RECREATION ROOMS, CLOSETS, HALLWAYS,

LAUNDRY ROOM, MICROWAVE, MEDIA HUB PANEL, SMOKE AND

CO DETECTORS, GARBAGE DISPOSAL, DISHWASHER, GAS RANGE

IGNITER, REFRIGERATOR OR SIMILAR ROOMS, REQUIRE AFCI
PROTECTION.CEC 210.12
14 - AT LEAST ONE 20 AMP BRANCH CIRCUIT SHALL BE PROVIDED TO SUPPY BATHROOM RECEPTACLES OUTLETS. SUCH CIRCUITS
SHALL HAVE NO OTHER OUTLETS. (CEC 210.11(C)(3))

4. ARC -FAULT CIRCUIT INTERRUPTER PROTECTION SHALL
COMPLY WITH ART.210.12 CEC.

5. AT LEAST 100% OF TOTAL WATTAGE PERMANENTLY INSTALLED KITCHEN LIGHTING MUST BE HIGH EFFICACY.CEC 150(K)1A

9. FOR NEW CONSTRUCTION, CARBON MONOXIDE ALARMS SHALL

BE HARD WIRED WITH BATTERY BACKUP AND ALARMS SHALL BE
INTERCONNECTED. (R315.1.1,2)
12 - ALL RECEPTABLES IN BATHROOMS, GARAGES, ACCESORY

BUILDING, OUTDOORS, CRAWL SPACES, UNFINISHED BASEMENTS,

KITCHENS (WHERE RECEPTACLES SERVE COUNTER TOP

SURFACES) DISHWASHER,LAUNDRY, UTILITY, WET BAR SINKS
(WITHIN 6 FEET OF THE EDGE OD THE SINK), SHALL HAVE
GROUND -FAULT CIRCUIT INTERRUPTER (GFCI) PROTECTION. (CEC 210.8D)
OC
PO

MANUAL -ON OCCUPANT SENSOR

PHOTO / MOTION SENSOR
CM

CARBON MONOXIDE ALARM
TITLE 24 - RESIDENTIAL LIGHTING MEASURES.

A - PERMANENTLY INSTALLED LUMINAIRES IN BATHROOMS,

GARAGES, LAUNDRY ROOMS AND UTILITY ROOMS SHALL BE HIGH

EFFICACY LUMINAIRES AND MINIMUM ONE LUMINAIRE SHALL BE

CONTROLLED BY A VACANCY SENSOR, CERTIFIED TO COMPLY
WITH SECTION 119 THAT DOES NOT TURN ON AUTOMATICALLY OR HAVE AN ALWAYS ON OPTION. CEC150(K)2J.

10. FOR NEW CONSTRUCTION, SMOKE ALARMS SHALL BE HARD

WIRED WITH BATTERY BACKUP AND ALARMS SHALL BE
INTERCONNECTED (R314.5)

CEILING FAN WITH LIGHT
SMOKE DETECTOR WITHIN 4" TO 12" OF CLG.
13 - IN ALL AREAS SPECIFIED IN 210.52, ALL 120 VOLT, 15 - AND 20 -

AMPERE RECEPTACLES SHALL BE LISTED TAMPER -RESISTANT
RECEPTACLES. (CEC 406.11)

GAME ROOM
ENTRY

OPEN TO
BELOW
DN.

DECK
THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:
1/4" = 1'-0" GAME ROOM ELECTRICAL FLOOR PLAN
AUG 29TH, 2022
E1.2
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
Revision
Revision
Number
Revision
Date
1/4" = 1'-0" 1 ELECTRICAL GAME ROOM FLOOR PLAN
259
Item # C11.

BUILDING
FF= @ 476.5'
BLDG PAD=@ 474.0'
GARAGE SLAB=@ 471.5'
G.475.1
G.475.1
G.475.1
G.475.1
G.475.1
2%MIN. 2%MIN.

PATIO
FF= @
476.5'
BLDG PAD=@
474.0'
P.L. P.L.

P.L.

P.L.

P.L.

LOT 2
754 MAPS 52 -55
APN:029 -07 -010
N60°36´06"E 250.00'
N29°23 ´54" W 105.12'
N00°50´54" W
182.64'
N89°23´54"W
130.64'
S29°23´54" E 120.20'
P.L.

CREST LINE Zone of Protection
TERRA VISTA CT.

G.477.0
80' -6"
6"PVC @ S= 1.00%
DI
RIM 474.0
INV.469.5
4" SS
2" W
474
472
TOP 483.0
468
476
470
0 10 ' 20 ' 5 '
SCALE: 1"= 10' -0"
468
SSCO
HYD
FS
466
464
125' 6"PVC @ S= 7.4%
W
4" SS
TOE 474.5
2%
SSCO
G.472.0
Top 471.0
68 DI
RIM 474.0
INV.472.0
TOP
476.0
2%MIN. 5%
470
470
460
460
2%MIN.
10%MIN.

TOP 483.0
45'
6"PVC @
S= 1.00%
476
475 PAD DAYLIGHT
470
472
484
486
490
474
472
464
468
462
482
486
484
484
486
472
474
470
TOP 476.0
TOP 476.0
460
460
470
470
470
460
460
460
475 PAD DAYLIGHT
480
482
480
476
478 476
476
475 PAD DAYLIGHT
478
478
478 478
480 480
480
464
466
468
466
474
472
472
472
474
476
468
468 468
468
466
466
466
466
464
464
464
464
462
462
462
462
456
458
458
482
482
488
488
488
490
476
462
470
470
Erosion Control
Planting
G4
T2
3 G3
S4
1 G2
T1
1 G2
S6
9 S7
9 T1
1 G2
S3
5 G2
T1
1 G3
T2
3 G3
S4
1 S1
8 G2
S5
3 S4
1 S2
4 S6
10 S3
3 G1
G1
S2
9 S1
8 G2
S7
9 S6
9 PLANT LIST:

SYMBOL KEY BOTANICAL NAME COMMON NAME QTY. SIZE REMARKS WUCOLS T1
T2
S1
S2
S3
T
R
E
E
S
S
H
R
U
B
S
G
R
O
U
N
D
C
O
V
E
R
S
S4
S5
S6
S7
G1
G2
G3
G4
3 6
16 13
8 3
3 28
18 --
--
--
--

QUERCUS

SHUMARDII

SHUMARD OAK
DODONAEA V.

PURPUREA

PURPLE LEAFED

HOP BUSH
15 GAL.
24" BOX

ARCTOSTAPHYLOS
D. HOWARD
MCMINN
MCMINN
MANZANITA 5 GAL.

HEUCHERA SANTA

ANA CARDINAL

SANTA ANA CARDINAL

CORAL BELLS

CEANOTHUS
CONCHA

CALIFORNIA

MOUNTAIN LILAC
GARRYA E.

JAMES ROOF SILK TASSEL

MUHLENBERGIA
RIGENS

DEER GRASS

LIMONIUM PEREZII SEA LAVENDER
PENSTEMON H.

MARGARITA BOP

FOOTHILL

BEARDTONGUE

ERIOGONUM
G.V.RUBESCENS

SAN MIGUEL ISLAND

BUCKWHEAT
ROSMARINUS O.

HUNTINGTON
CARPET

HUNTINGTON

CARPET ROSEMARY
CEANOTHUS G.H.

YANKEE POINT

YANKEE POINT

CEANOTHUS

NATIVE EROSION

CONTROL SEED MIX --
5 GAL.
5 GAL.
5 GAL.
5 GAL.
5 GAL.
5 GAL.
1 GAL.
1 GAL.
1 GAL.

SEED
24" O.C
36" O.C
60" O.C
SEE NOTE*

STANDARD

NATURAL LOW
LOW
LOW
LOW
LOW
LOW
LOW
LOW
LOW
LOW
LOW
LOW
LOW
THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:

As indicated LND_PLANTING PLAN
AUG 29TH, 2022
L1.0
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
Revision
Revision
Number
Revision
Date
1" = 10'-0" 1 Landscape Plan
260
Item # C11.

BUILDING
FF= @ 476.5'
BLDG PAD=@ 474.0'
GARAGE SLAB=@ 471.5'
G.475.1
G.475.1
G.475.1
G.475.1
G.475.1
2%MIN. 2%MIN.

PATIO
FF= @
476.5'
BLDG PAD=@
474.0'
P.L. P.L.

P.L.

P.L.

P.L.

LOT 2
754 MAPS 52 -55
APN:029 -07 -010
N60°36´06"E 250.00'
N29°23 ´54" W 105.12'
N00°50´54" W
182.64'
N89°23´54"W
130.64'
S29°23´54" E 120.20'
P.L.

CREST LINE Zone of Protection
TERRA VISTA CT.

G.477.0
80' -6"
6"PVC @ S= 1.00%
DI
RIM 474.0
INV.469.5
4" SS
2" W
472
TOP 483.0
468
476
470
0 10 ' 20 ' 5 '
SCALE: 1"= 10' -0"
468
SSCO
HYD
FS
466
464
125' 6"PVC @ S= 7.4%
W
4" SS
TOE 474.5
2%
SSCO
G.472.0
Top 471.0
68 DI
RIM 474.0
INV.472.0
TOP
476.0
2%MIN. 5%
470
460
460
2%MIN.
10%MIN.
45'
6"PVC @
S= 1.00%
476
475 PAD DAYLIGHT
470
472
484
486
490
464
468
462
482
486
484
484
486
472
474
470
TOP 476.0
TOP 476.0
460
460
470
470
470
460
460
460
475 PAD DAYLIGHT
480
482
480
476
476
475 PAD DAYLIGHT
478
478
478 478
480 480
480
464
466
468
466
474
472
472
472
474
476
468
468 468
468
466
466
466
466
464
464
464
464
462
462
462
462
456
458
458
482
482
488
488
488
490
476
462
470
G2
1 2
2 3

LOW WATER REQUIREMENTS
(DROUGHT TOLERANT PLANTING)

IRRIGATION HYDRO-ZONE LEGEND

PLANTS ARE GROUP TO HAVE MATCHING WATER REQUIREMENTS AND MICRO -CLIMATE CHARACTERISTICS.

HYDROZONE DESIGNATION IS DETERMINED BY HIGHEST WATER REQUIREMENTS PLANTING IN ZONE.
1 LANDSCAPE AREA NOT PART OF
SCOPE OF WORK. AREA NOT TO

BE INCLUDED IN WATER BUDGET
CALCULATIONS.

HYDRO-ZONE AREA
1 LANDSCAPE AREA = 1,500 SF.
2 3
LANDSCAPE AREA = 1,261 SF.

LANDSCAPE AREA = 2,765 SF.

WATER EFFICIENT LANDSCAPE BUDGET CALCS:

HYDRO-ZONE #
1 2
3 SLA

0.81 0.70

0.70 1.00
DRIP

OVERHEAD
SPRAY

0.286

0.247

OVERHEAD
SPRAY 0.286
OVERHEAD 1.000
1,500
1,261 LOW
LOW
LOW
REFERENCE EVAPOTRANSPIRATION (ETo) 45.3

MAWA - REGULAR LANDSCAPE AREAS
MAWA = (ETo) x (0.62) x (ETAF xLA) + (1 -ETAF x SLA)
LANDSCAPE AREA (LA): 5,526 S.F.

SLA: 0 S.F.

ETAF: 55 S.F. - Average ETAF for regular lansdscape areas must be 0.55 residential areas, and 0.45 for non -residential areas.

Total Area with SLA: 5,526
MAWA Total: 85,361.7798 Gallons per year

ETWU - REGULAR LANDSCAPE AREAS
ETWU = (ETo) x (0.62) x ((ETAF x LA)+SLA))
PLANT

WATER USE
---
PLANT

FACTO (PF)

0.2 0.2

0.2 1.0

IRRIGATION
METHOD

IRRIGATION

EFFICIENCY

ETAF (PF/IE) HYDRO-

ZONE AREA
ETAF x AREA ETWU
2,765
0 370.5
360.65
790.8
0 10,405.863
10,129.2159
22,210.4088
0 ETWU TOTALS: 5,526 42,755.5 1,521.95
TOTAL AREA WITH ALL ZONES AND SLA: 5,526
ETAF CALCULATIONS:

Total ETAF x Area: 1,521.95
Total Area: 5,526 S.F.

Average ETAF 0.282 Average ETAF for Regular Landscape Areas must be 0.55 or below for residential areas, and 0.45 or below for
non - residential areas.

ETWU CALCULATIONS
ETWU = (ETo) x (0.62) x [((PF x LA) / IE ))+SLA]
ETWU :

ETWU (Gallon per year):

Eto Conv. Factor PF x Area / IE SLA

45.30 0.62 1,579 0
44,348
TOTALS
MAWA Total: 85,361.7798 Gallons per year ETWU Total: 44,348 Gallons per year

51.9 % Reduction of portable Irrigation Water
THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:

As indicated LND_HYDROZONE PLAN
AUG 29TH, 2022
L2.0
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
Revision
Revision
Number
Revision
Date
1" = 10'-0" 1 Landscape_ Hydrozone Plan
261
Item # C11.

THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:

LND_TYP. DETAILS
AUG 29TH, 2022
L3.0
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
Revision
Revision
Number
Revision
Date
262
Item # C11.

THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:

LND_TYP. DETAILS
AUG 29TH, 2022
L3.1
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
Revision
Revision
Number
Revision
Date
263
Item # C11.

THE USE OF THESE DRAWINGS AND SPECS AND SPECS.SHALL BE RESPECTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED & PUBLICAT ION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN PART, IS PROHIBITED TITTLE TO T HE DRAWINGS & SPECS. REMANS TO THE DESINGNER WITHOUT VISUAL CONTACT WITH THESE DRAWINGS & SPECS. SHALL CONSTITUTE PRIMA FACE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS DESIGN FOR: SHEET TITTLE:

DATE:

SCALE:

JOB Nº:

SHEET Nº:

LND_SPECIFICACIONES
AUG 29TH, 2022
L4.0
###

VETERANS DESIGN & DEVELOPMENT

SINGLE FAMILY RESIDENCE
1333 Terra Vista Ct.

Milpitas, CA. 95035
Revision
Revision
Number
Revision
Date
264
Item # C11.
265
Item # C11.
266
Item # C11.
267
Item # C11.
268
Item # C11.
269
Item # C11.
270
Item # C11.
271
Item # C11.
272
Item # C11.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Approving the Revised Policy on Discontinuance of Residential Water Service (Staff Contact: Lauren Lai, Finance Director, 408-586- 3111)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 10/18/2022
Recommendation: Adopt a resolution approving the Revised Policy on Discontinuance of Residential Water Service.

BACKGROUND:

In September 2018, Governor Brown approved Senate Bill 998 which regulates the discontinuance of residential water service for urban and community water systems.

SB 998 requires an urban and community water system such as the one operated by the City to have a written policy (“Policy”) on discontinuation of water service to certain types of residences for nonpayment, available in prescribed languages. In addition, SB998 has certain other requirements including it prohibits residential service from being discontinued if the customer is willing to enter into a plan for deferred payment or an alternative payment arrangement with respect to residential customers who demonstrate household income below 200% of the federal poverty line and provide certification from a primary care provider that the discontinuation of water would be life threatening or pose a serious threat to the health and safety of a resident of the premises.

On December 3, 2019, Council introduced Ordinance No. 120.49 amending Title VIII, Chapter 1 of the Milpitas Municipal Code relating to discontinuance and restoration of water service and adopted a resolution approving a policy on discontinuance of residential water service effective. The ordinance was adopted on December 17, 2019 and the policy on discontinuance of residential water service was effective February 1, 2020.

The COVID Pandemic immediately prompted the nation and the City into shelter-in-place orders starting in March 2020, which was prolonged by subsequent State Orders. As a result of the threat of COVID-19, Governor Gavin Newsome proclaimed a state of emergency in California on March 4, 2020. California Water Code Section 106.3 states that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. In April 2020, a State moratorium on discontinuance of water service was issued. The moratorium expired on December 31, 2021. Council approved extending the moratorium locally through March 31, 2022.

ANALYSIS:

On June 21, 2022, the City Council accepted the water and wastewater arrearage grants in the amount of $248,048 from the Water State Board and authorized a $80,000 grant to subsidize qualifying residential accounts with an outstanding balance of 85 days and over. Both the State moratorium on water shut off and the Milpitas grants for qualifying residential utility account suspended the City local policy on discontinuance of residential water services that took effect February 1, 2020.

After implementing the Milpitas grant subsidies to assist qualifying residential accounts, the City is resuming its operations in accordance with SB998 and City policy on discontinuance of residential water services. It was discovered that the City policy on discontinuance of residential water services needed clarification to align with 273
Item # C12.

SB998 on qualifying customers for alternative payment arrangements. Additionally, the payment extension term from 6 months to 3 months needed to align with the City utility billing cycle.

This agenda report includes a redline version and clean version of the proposed revision to the City policy on discontinuance of residential water services. As of October 11, 2022, there are only five (5) residential utility accounts shut off amongst the City’s 14,345 residential utility accounts. These policy revisions will not impact current alternative payment arrangements and provide more clarity to the general public and Staff for proper administration.

POLICY ALTERNATIVE(S):

Alternative 1:

Deny approval of the revised policy on discontinuance of residential water service.

Pros: None

Cons: Creates ambiguity as to who qualifies for alternative payment arrangements and extensions will negatively impact billing cycles for residential accounts.

Reason for Not Recommending: It is best practice to align City policy with State legislation as required and to the extent operationally effective. Staff recommends the City Council approve the revised policy on discontinuance of residential water service.

FISCAL IMPACT:

The revised policy on discontinuance of residential water service aligns with SB998 and the payment extensions and/or alternative payment arrangement impacts on uncollectible revenues is not determinable.

RECOMMENDATION:

Adopt a resolution approving the Revised Policy on Discontinuance of Residential Water Service.

Attachment(s):

1. Redline version – Revised Policy on Discontinuance of Residential Water Service

2. Clean version – Revised Policy on Discontinuance of Residential Water Service

274
Item # C12.

No. 26.3
Effective: 2/1/20
Revision: 10/18/22

CITY OF MILPITAS, CALIFORNIA

STANDARD OPERATING PROCEDURE

SUBJECT: POLICY ON DISCONTINUANCE OF RESIDENTIAL WATER SERVICE

1. Application of Policy. This Policy on Discontinuance of Residential Water Service (this “Policy”) shall apply to all City accounts for residential water service, but shall not apply to any accounts for non-residential service. To the extent this Policy conflicts with any other rules, regulations, or policies of the City, this Policy shall control.

2. Contact Information. For questions or assistance regarding your water bill, the City’s Customer Service staff can be reached at (408) 586-3100. Customers may also visit the City’s Customer Service desk in person Monday through Fr iday, from 8:00a.m. to 5:00p.m., except on City holidays.

3. Billing Procedures. Water service charges are payable to the City once every two months or at such other frequency as determined by the City Council from time to time. All bills for water service are due and payable within twenty-one (21) days after mailing or e-mailing by the City.

Any bills not paid within such period are considered delinquent.

4. Discontinuance of Water Service for Nonpayment. If a bill is delinquent for at least sixty-three (63) days, the City may discontinue water service to the service address.

4.1 Written Notice to Customer. The City will provide mailed Reminder Notices to the customer of record at least fifteen (15) days before discontinuance of water service. The Reminder Notice will contain:
(a) the name and address of the customer;
(b) the amount of the delinquency;
(c) the date by which payment or payment arrangements must be made to avoid discontinuance of service;
(d) the procedure by which the customer may initiate a complaint or request an investigation or appeal concerning service or charges, unless included in the water bills;
(e) a description of the procedure by which the customer may request an alternative payment arrangement, which may include an extension or alternative payment schedule;
(f) the procedure for the customer to obtain information on financial assistance, if applicable; and
(g) the telephone number where the customer may request a payment arrangement or receive additional information from the City. 275
Item # C12.
-2-

4.2 Final Notice to Customers and Written Notice to Occupants or Tenants. (a) The City will send Final Notices to the customer of record at least ten (10) days before discontinuance of water service.
(b) The City will also send a notice to the occupants living at the service address at least ten (10) days before discontinuance of water service under the following circumstances:
(1) the City furnishes individually metered service to a single-family dwelling, multi-unit residential structure, mobile home park, or farm labor camp and the owner, manager, or operator is the customer of record; or (2) the customer of record’s mailing address is not the same as the service address. The notice will be addressed to “Occupant,” will contain the information required in Section 4.1 above, and will inform the residential occupants that they have the right to become customers of the City without being required to pay the amount due on the delinquent account.

Terms and conditions for occupants to become customers of the City are provided in Section 8 below.
(c) If the City furnishes water through a master meter in a multi-unit residential structure, mobile home park, or permanent reside ntial structures in a labor camp and the owner, manager, or operator is the customer of record, the City will make a good faith effort to inform the occupants, by means of written notice posted on th e door of each residential unit at least fifteen (15) days prior to termination, that the account is in arrears and the service will be terminated on a date specified in the notice. If it is not reasonable or practicable to post the notice on the door of each unit, the City will post two (2) copies of the notice in each accessible common area and at each point of access to the structure or structures. The notice will inform the residential occupants that they have the right to become customers of the City without being required to pay the amount due on the delinquent account. The notice will also specify what the occupants are required to do in order to prevent termination of, or to reestablish service; the estimated monthly cost of service; the title, address, and telephone number of a representative of the City who can assist the occupants in continuing service; and the address or telephone number of a qualified legal services project that has been recommended by the local county bar association. Terms and conditions for occupants to become customers of the City are provided in Section 8 below. (d) The City will assess a penalty of 5% at the time of issuance of the Reminder Notice and an additional penalty of 5% at the time of issuance of the Final Notice.

4.3 In-Person or Telephonic Notice. The City will also make a reasonable, good faith effort to contact the customer of record or adult person living at the premises of the customer in person or by telephone at least seven (7) business days before discontinuance of service. The City will offer to provide in writing a copy of this Policy and to discuss options to avert discontinuance of water service for nonpayment, including the po ssibility of an extension or other payment arrangement.

4.4 Posting of Notice at Service Address. If the City is unable to make contact with the customer or an adult person living at the se rvice address in person or by telephone, the City will make a good faith effort to leave a notice of imminent discontinuance of residential service and a copy of this Policy in a conspicuous place at the service address. The notice and copy of 276
Item # C12.
-3-

this Policy will be left at the residence at leas t forty-eight (48) hours before discontinuance of service. The City will assess a service charge for this notice. The notice will include:
(a) the name and address of the customer;
(b) the amount of the delinquency;
(c) the date by which payment or payment arrangements must be made to avoid discontinuance of service;
(d) the procedure for the customer to obtain information on financial assistance, if applicable; and
(e) the telephone number where the customer may request a payment arrangement or receive additional information from the City.

4.5 Circumstances Under Which Service Will Not Be Discontinued. The City will not discontinue residential water service for nonpayment under the following circumstances:
(a) During an investigation by the City of a customer dispute or complaint under Section 5.1 below;
(b) During the pendency of an appeal to the City Council under Section 5.3 below; or
(c) During the period of time in which a customer’s payment is subject to a City-approved extension or alternative payment schedule under Section 6 below, and the customer remains in compliance with the approved payment arrangement.

4.6 Circumstances Under Which Service Th rough a Master Meter Will Not Be Discontinued. If the City furnishes water through a master meter in a multi-unit residential structure, mobile home park, or permanent reside ntial structures in a labor camp and the owner, manager, or operator of the dwelling, structure, or park is the customer of record, the City will not discontinue residential water service for nonpayment under the following circumstances:
(a) When the customer’s indebtedness is owed to another public agency, or when the obligation represented by the delinquent account or indebtedness was incurred with any public agency other than the City’s water utility;
(b) If a delinquent account relates to anot her property owned, managed, or operated by the customer;
(c) If a public health or building officer certifies that termination would result in a significant threat to the health or safety of the residential occupants or the public.

277
Item # C12.
-4-

4.7 Special Medical and Financial Circumstances Under Which Services Will Not Be Discontinued.
(a) The City will not discontinue water service if all of the following conditions are met:
(i) The customer, or a tenant of the customer, submits to the City the certification of a licensed primary care provider that discontinuance of water service will be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises where residential service is provided;
(ii) The customer demonstrates that he or she is financially unable to pay for residential service within the City’s normal billing cycle.

The customer is deemed financially unable to pay during the normal billing cycle if: (a) any member of the customer’s household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or (b) the customer declares under penalty of perjury that the household’s annual income is less than 200 percent of the federal poverty level; and (iii) The customer is willing to enter into an alternative payment arrangement, including an extension or alternative payment schedule with respect to the delinquent charges.
(b) For any customers who meet all of the above conditions, the City shall offer the customer one of the following options, to be selected by the City in its discretion: (1) an extension of the payment period; or (2) an alternative payment schedule. The City’s Finance Director will select the most appropriate payment arrangement, taking into consideration the information and documentation provided by the customer, as well as the City’s payment needs.
(c) The customer is responsible for demonstrating that the conditions in subsection (a) have been met. Upon receipt of documentation from the customer, the City will review the documentation within seven (7) days and:
(1) notify the customer of the alternative payment arrangement selected by the City and request the customer’s signed assent to participate in that alternative arrangement; (2) request additional information from the customer; or (3) notify the customer that he or she does not meet the conditions in subsection (a).
(d) The City may discontinue water service if a customer who has been granted an alternative payment arrangement under this section fails to do any of the 278
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following for sixty (60) days or more: (a) to pay his or her unpaid charges by the extended payment date; (b) to pay any amount due under an alternative payment schedule; or (c) to pay his or her current charges for water service. The City will post a warning notice of intent to disconnect service in a prominent and conspicuous location at the service address at least five (5) business days before discontinuance of service. The final notice will not entitle the customer to any investigation or review by the City.

4.8 Time of Discontinuance and Restoration of Service. The City will only discontinue water service during business hours.

4.9 Restoration of Service. Customers whose water service has been discontinued may contact the City by telephone or in person regardin g restoration of service. Restoration shall be subject to payment of: (a) any past-due amou nts, including applicable penalties; (b) any reconnection fees as approved by the City Council through the adoption of the Master Fee Schedule, subject to the limitations in Section 7.1, if applicable; (c) and a security deposit, if required by the City.

5. Procedures to Contest or Appeal a Bill.

5.1 Time to Initiate Complaint or Request an Investigation. A customer may protest the amount of a bill by submitting a written complaint or request for an investigation within fifteen (15) days after presentation or mailing of the bill to the customer, whichever is earlier.

5.2 Review by City. A timely complaint or request for investigation shall be reviewed by a manager of the Finance Department, who shall provide a written determination to the customer. The review will include consideration of whether the customer may receive an extension, or alternative payment schedule, under Section 6. The City may, in its discretion, review untimely complaints or requests for investigation; however, such complaints or requests are not subject to appeal.

5.3 Appeal to City Council. Any customer whose timely complaint or request for an investigation pursuant to this Section 5 has resulted in an adverse determination may appeal the determination to the City Council by filing a written notice of appeal with the City Clerk within ten (10) business days of the City’s mailing of its determination. Upon receiving the notice of appeal, the City Clerk will set the matter to be heard at an upcoming City Council meeting and mail the customer written notice of the time and plac e of the hearing at least ten (10) days before the meeting. The decision of the City Council shall be final.

6. Extensions and Other Alternative Payment Arrangements.

6.1 Time to Request an Extension or Other Alternative Payment Arrangement. If a customer is unable to pay a bill during the normal payment period, the customer may request , in writing, an extension or other altern ative payment arrangement descri bed in this Section 6. If a customer submits his or her request within thirteen (13) days after mailing of a final written notice 279
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of discontinuance of service by the City, the request will be reviewed by a manager of the Finance Department. City decisions regarding extensions and other alternative payment arrangements are final and are not subject to appeal to the City Council.

6.2 Extension. Upon request, a customer’s payment of his or her unpaid balance may be temporarily extended for a period not to exceed three (3) months after the original due date of the balance. The City’s Finance Director or designee shall determine, in his or her discretion, how long an extension shall be provided to the customer. The customer shall pay the full unpaid balance plus penalties by the date set by the City and mu st remain current on all water service charges accruing during any subsequent billing periods. No more than one (1) extension pursuant to section 6.2 shall be allowed per account within any consecutive twenty-four (24) month period. If a customer has used his or her payment extensions and cannot pay or keep current with his or her payments, payment terms including an alternate payment agreement may be available so long as the customer is a Qualified Customer as defined in section 6.3.

6.3 Alternative Payment Schedule. Any Qualified Customer may pay his or her unpaid balance plus penalties pursuant to an alternative payment schedule that will not exceed twelve (12) months, as determined by the City’s Finance Direct or in his or her discretion. If approved, the alternative payment schedule may allow periodic lump-sum payments that do not coincide with the City’s established payment date or may prov ide for payments made more or less frequently than the City’s regular payment date. During the period of the alternative payment schedule, the customer must remain current on all water service charges accruing during any subsequent billing periods. The alternative payment schedule and amounts due will be set forth in writing and provided to the customer.

A Qualified Customer for the purpose of this section is any customer for which all of the following conditions are met:
a. The customer, or a tenant of the customer, submits to the urban and community water system the certification of a primary care provider, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 14088 of the Welfare and Institutions Code, that discontinuation of residential service will be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises where residential service is provided.
b. Any member of the customer’s household is a current recipient of CalWORKs, CalFresh, State or local general assistance programs, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the Customer declares that the household’s annual income is less than two hundred percent (200%) of the federal poverty level.
c. The customer is willing to enter into an Alternate Payment Agreement as defined herein.

Deleted: If approved by the City, a
Deleted: six
Deleted: 6
Deleted: was originally due
Deleted: The extended payment date will be set forth in writing and provided to the customer.

Deleted: If approved by the City, a
Deleted: c
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6.4 Failure To Comply. If a customer has been granted a payment arrangement under this Section 6 and fails to: (1) pay the unpaid charges by the extension date; or (2) pay an amount due under an alternative payment schedule; then the City may terminate water service. The City will post a final notice of intent to disconnect service in a prominent and conspicuous location at the service address at least five (5) business days before discontinuance of service. The final notice will not entitle the customer to any investigation or review by the City.

7. Specific Programs for Low-Income Customers.

7.1 Reconnection Fee Limits. For residential customers who demonstrate to the City a household income below 200 percent of the federal poverty line, the City will limit any service restoration charges during normal operating hours to fifty dollars ($50), and during non- operational hours to one hundred fifty dollars ($150) for 2020. The limits will only apply if the City’s service restoration charges actually exceed these amounts. These limits are subject to an annual adjustment for changes in the Bureau of Labor Statistics’ Consumer Price Index for All Urban Consumers (CPI-U) beginning January 1, 2021.

7.2 Qualifications. The City will deem a re sidential customer to have a household income below 200 percent of the federal poverty line if: (a) any member of the household is a current recipient of CalWORKs, CalFresh, genera l assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or (b) the customer declares under penalty of perjury that the household’s annual income is less than 200 percent of the federal poverty level.

8. Procedures for Occupants or Tenants to Become Customers of the City.

8.1 Applicability. This Section 8 shall apply only when the property owner, landlord, manager, or operator of a residential service address is listed as the customer of record and has been issued a notice of intent to discontinue water service due to nonpayment.

8.2 Agreement to City Terms and Conditions of Service. The City will make service available to the actual residential occupants if each occupant agrees to the terms and conditions of service and meets the requirements of the City’s ordinance Notwithstanding, if one or more of the occupants are willing and able to assume responsibility for the subsequent charges to the account to the satisfaction of the City, or if there is a physical means, legally available to the City, of selectively discontinuing service to those occu pants who have not met the requirements of the City’s rules and regulations, the City shall make service available to the occupants who have met those requirements.

8.3 Verification of Tenancy. To be eligible to become a customer without paying the amount due on the delinquent account, the occupant shall verify that the delinquent account customer of record is or was the landlord, manager, or agent of the dwelling. Verification may include, but is not limited to, a lease or rental agreement, rent receipts, a government document indicating that the occupant is renting the property, or information disclosed pursuant to Section 1962 of the Civil Code, at the discretion of the City.
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9. Third Party Notification Service for Seniors and Dependent Adults . The City will make available, to residential customers who are 65 years or older, or who are dependent adults (as defined in Welfare and Institutions Code Section 15610(b)(1)), a third-party notification service whereby the City will attempt to notify a person designated by the customer to receive notification when the customer’s account is past-due and subject to termination. The notification will include information on what is required to prevent termination of service. The City will mail the notification to the designated third party at leas t ten (10) days before termination of service.

To participate, the customer must submit a request for third-party notification on a form provided by the City, and must include the written consent of the designated third party. The notification service does not obligate the third party to pay an y overdue charges, nor shall it prevent or delay termination of service.

10. Language for Certain Written Notices. All written notices under Section 4 and Section

6.6 of this Policy shall be provided in English, Spanish, Chinese, Tagalog, Vietnamese, Korean, and any other language spoken by ten percent (10%) or more people within the City’s service area.

11. Other Remedies. In addition to discontinuance of water service, the City may pursue any other remedies available in law or equity for nonpayment of water service charges, including, but not limited to: securing delinquent amounts by filing liens on real property, filing a claim or legal action, or referring the unpaid amount to collections. In the event a legal action is decided in favor of the City, the City shall be entitled to the payment of all costs and expenses, including attorneys’ fees, and accumulated interest.

12. Discontinuance of Water Service for Other Customer Violations. The City reserves the right to discontinue water service for any violat ions of City ordinances, rules, or regulations other than nonpayment.

13. Fees and Charges Incurred. Except as otherwise expressly stated in this Policy, any fees and charges incurred by a customer under any other rules, regulations, or policies of the City, including, but not limited to, delinquent charges, shall be due and payable as set forth therein.

14. Decisions by City Staff. Any decision which may be taken by the City’s Finance Director under this Policy may be taken by his or her designee.
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No. 26.3
Effective: 2/1/20
Revision: 10/18/22

CITY OF MILPITAS, CALIFORNIA

STANDARD OPERATING PROCEDURE

SUBJECT: POLICY ON DISCONTINUANCE OF RESIDENTIAL WATER SERVICE

1. Application of Policy. This Policy on Discontinuance of Residential Water Service (this “Policy”) shall apply to all City accounts for residential water service, but shall not apply to any accounts for non -residential service. To the extent this Policy conflicts with any other rules, regulations, or policies of the City, this Policy shall control.

2. Contact Information. For questions or assistance regarding your water bill, the City’s Customer Service staff can be reached at (408) 586-3100. Customers may also visit the City’s Customer Service desk in person Monday through Friday, from 8:00a.m. to 5:00p.m., except on City holidays.

3. Billing Procedures. Water service charges are payable to the City once every two months or at such other frequency as determined by the City Council from time to time. All bills for water service are due and payable within twenty-one (21) days after mailing or e -mailing by the City.

Any bills not paid within such period are considered delinquent.

4. Discontinuance of Water Service for Nonpayment. If a bill is delinquent for at least sixty-three (63) days, the City may discontinue water service to the service address.

4.1 Written Notice to Customer. The City will provide mailed Reminder Notices to the customer of record at least fifteen (15) days before discontinuance of water service. The Reminder Notice will contain:
(a) the name and address of the customer;
(b) the amount of the delinquency;
(c) the date by which payment or payment arrangements must be made to avoid discontinuance of service;
(d) the procedure by which the customer may initiate a complaint or request an investigation or appeal concerning service or charges, unless included in the water bills;
(e) a description of the procedure by which the customer may request an alternative payment arrangement, which may include an extension or alternative payment schedule;
(f) the procedure for the customer to obtain information on financial assistance, if applicable; and
(g) the telephone number where the customer may request a payment arrangement or receive additional information from the City. 283
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4.2 Final Notice to Customers and Written Notice to Occupants or Tenants. (a) The City will send Final Notices to the customer of record at least ten (10) days before discontinuance of water service.
(b) The City will also send a notice to the occupants living at the service address at least ten (10) days before discontinuance of water service under the following circumstances:
(1) the City furnishes individually metered service to a single -family dwelling, multi -unit residential structure, mobile home park, or farm labor camp and the owner, manager, or operator is the customer of record; or (2) the customer of record’s mailing address is not the same as the service address. The notice will be addressed to “Occupant,” will contain the information required in Section 4.1 above, and will inform the residential occupants that they have the right to become customers of the City without being required to pay the amount due on the delinquent account.

Terms and conditions for occupants to become customers of the City are provided in Section 8 below.
(c) If the City furnishes water through a master meter in a multi-unit residential structure, mobile home park, or permanent residen tial structures in a labor camp and the owner, manager, or operator is the customer of record, the City will make a good faith effort to inform the occupants, by means of written notice posted on the door of each residential unit at least fifteen (15) days prior to termination, that the account is in arrears and the service will be terminated on a date specified in the notice. If it is not reasonable or practicable to post the notice on the door of each unit, the City will post two (2) copies of the notice in each accessible common area and at each point of access to the structure or structures. The notice will inform the residential occupants that they have the right to become customers of the City without being required to pay the amount due on the delinquent account. The notice will also specify what the occupants are required to do in order to prevent termination of, or to reestablish service; the estimated monthly cost of service; the title, address, and telephone number of a representative of the City who can assist the occupants in continuing service; and the address or telephone number of a qualified legal services project that has been recommended by the local county bar association. Terms and conditions for occupants to become customers of the City are provided in Section 8 below. (d) The City will assess a penalty of 5% at the time of issuance of the Reminder Notice and an additional penalty of 5% at the time of issuance of the Final Notice.

4.3 In-Person or Telephonic Notice. The City will also make a reasonable, good faith effort to contact the customer of record or adult person living at the premises of the customer in person or by telephone at least seven (7) business days before discontinuance of service. The City will offer to provide in writing a copy of this Policy and to discuss options to avert discontinuance of water service for nonpayment, including the possibility of an extension or other payment arrangement.

4.4 Posting of Notice at Service Address . If the City is unable to make contact with the customer or an adult person living at the service address in person or by telephone, the City will make a good faith effort t o leave a notice of imminent discontinuance of residential service and a copy of this Policy in a conspicuous place at the service address. The notice and copy of 284
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this Policy will be left at the residence at least forty -eight (48) hours before discontinuance of service. The City will assess a service charge for this notice. The notice will include:
(a) the name and address of the customer;
(b) the amount of the delinquency;
(c) the date by which payment or payment arrangements must be made to avoid discontinuance of service;
(d) the procedure for the customer to obtain information on financial assistance, if applicable; and
(e) the telephon e number where the customer may request a payment arrangement or receive additional information from the City.

4.5 Circumstances Under Which Service Will Not Be Discontinued. The City will not discontinue residential water service for nonpayment under the following circumstances:
(a) During an investigation by the City of a customer dispute or complaint under Section 5.1 below;
(b) During the pendency of an appeal to th e City Council under Section 5.3 below; or
(c) During the peri od of time in which a customer’s payment is subject to a City-approved extension or alternative payment schedule under Section 6 below, and the customer remains in compliance with the approved payment arrangement.

4.6 Circumstances Under Which Service Through a Master Meter Will Not Be Discontinued. If the City furnishes water through a master meter in a multi -unit residential structure, mobile home park, or permanent residential structures in a labor camp and the owner, manager, or operator of the dwelling, structure, or park is the customer of record, the City will not discontinue residential water service for nonpayment under the following circumstances:
(a) When the customer’s indebtedness is owed to another public agency, or when the obligation represented by the delinquent account or indebtedness was incurred with any public agency other than the City’s water utility;
(b) If a delinquent account relates to another property owned, managed, or operated by the customer;
(c) If a public health or building officer certifies that termination would result in a significant threat to the health or safety of the residential occupants or the public.

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4.7 Special Medical and Financial Circumstances Under Which Services Will Not Be Discontinued.
(a) The City will not discontinue water service if all of the following conditions are met:
(i) The customer, or a tenant of the customer, submits to the City the certification of a licensed primary care provider that discontinuance of water service will be life threatening to, or pose a serious threat to the health and safety of, a resi dent of the premises where residential service is provided;
(ii) The customer demonstrates that he or she is financially unable to pay for residential service within the City’s normal billing cycle.

The customer is deemed financially unable to pay during the normal billing cycle if: (a) any member of the customer’s household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Inco me/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or (b) the customer declares under penalty of perjury that the household’s annual income is less than 200 percent of the federal poverty level; and (iii) The customer is willing to enter into an alternative payment arrangement, including an extension or alternative payment schedule with respect to the delinquent charges.
(b) For any customers who meet all of the above conditions, the City shall offer the customer one of the following options, to be selected by the City in its discretion: (1) an extension of the payment period; or (2) an alternative payment schedule . The City’s Finance Director will select the most appropriate payment arrangement, taking into consideration the information and documentation provided by the customer, as well as the City’s payment needs.
(c) The customer is responsible for demonstrating that the conditions in subsection (a) have been met. Upon receipt of document ation from the customer, the City will review the documentation within seven (7) days and:
(1) notify the customer of the alternative payment arrangement selected by the City and request the customer’s signed assent to participate in that alternative arran gement; (2) request additional information from the customer; or (3) notify the customer that he or she does not meet the conditions in subsection (a).
(d) The City may discontinue water service if a customer who has been granted an alternative payment arrangement under this section fails to do any of the 286
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following for sixty (60) days or more: (a) to pay his or her unpaid charges by the extended payment date; ( b) to pay any amount due under an alternative payment schedule; or ( c) to pay his or her current charg es for water service. The City will post a warning notice of intent to disconnect service in a prominent and conspicuous location at the service address at least five (5) business days before discontinuance of service. The final notice will not entitle t he customer to any investigation or review by the City.

4.8 Time of Discontinuance and Restoration of Service. The City will only discontinue water service during business hours.

4.9 Restoration of Service. Customers whose water service has been discontinued may contact the City by telephone or in person regarding restoration of service. Restoration shall be subject to payment of: (a) any past -due amounts, including applicable penalties ; (b) any reconnection fees as approved by the City Council through the a doption of the Master Fee Schedule, subject to the limitations in Section 7.1, if applicable; (c ) and a security deposit, if required by the City.

5. Procedures to Contest or Appeal a Bill.

5.1 Time to Initiate Complaint or Request an Investigation. A customer may protest the amount of a bill by submitting a written complaint or request for an investigation within fifteen (15) days after presentation or mailing of the bill to the customer, whichever is earlier.

5.2 Review by City. A timely complaint or request for investigation shall be reviewed by a manager of the Finance Department , who shall provide a written determination to the customer. The review will include consideration of whether the customer may receive an extension, or alternative paymen t schedule, under Section 6. The City may, in its discretion, review untimely complaints or requests for investigation; however, such complaints or requests are not subject to appeal.

5.3 Appeal to City Council. Any customer whose timely complaint or request for an investigation pursuant to this Section 5 has resulted in an adverse determination may appeal the determination to the City Council by filing a written notice of appeal with the City Clerk within ten (10) business days of the City’s mailing of its d etermination. Upon receiving the notice of appeal, the City Clerk will set the matter to be heard at an upcoming City Council meeting and mail the customer written notice of the time and place of the hearing at least ten (10) days before the meeting. The decision of the City Council shall be final.

6. Extensions and Other Alternative Payment Arrangements.

6.1 Time to Request an Extension or Other Alternative Payment Arrangement . If a customer is unable to pay a bill during the normal payment period, the customer may request, in writing, an extension or other alternative payment arrangement described in this Section 6. If a customer submits his or her request within thirteen (13) days after mailing of a final written notice 287
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of discontinuance of service by the City, the request will be reviewed by a manager of the Finance Department. City decisions regarding extensions and other alternative payment arrangements are final and are not subject to appeal to the City Council.

6.2 Extension. Upon request, a customer’s payment of his or her unpaid balance may be temporarily extended for a period not to exceed three (3) months after the original due date of the balance. The City’s Finance Director or designee shall determine, in his or her discretion, how long an extension shall be provided to the customer. The customer shall pay the full unpaid balance plus penalties by the date set by the City and must remain current on all water service charges accruing during any subsequent billing periods. No more than one (1) extension pursuant to section 6.2 shall be allowed per account within any consecutive twenty-four (24) month period. If a customer has used his or her payment extensions and cannot pay or keep current with his or her payments, payment terms including an alternate payment agreement may be available so long as the customer is a Qualified Customer as defined in section 6.3.

6.3 Alternative Payment Schedule. Any Qualified Customer may pay his or her unpaid balance plus penalties pursuant to an alternative payment schedule that will not exceed twelve (12) months, as determined by the City’s Finance Director in his or her discretion. If approved, the alternative payment schedule may allow periodic lump -sum payments that do not coincide with the City’s established payment date or may provide for payments made more or less frequently than the City’s regular payment date. During the period of the alternative payment schedule, the customer must remain current on all water service charges accruing during any subsequent billing periods. The alternative payment schedule and amounts due will be set forth in writing and provided to the customer.

A Qualified Customer for the purpose of this section is any customer for which all of the following conditions are met:
a. The customer, or a tenant of the customer, submits to the urban and community water system the certification of a primary care provider, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 14088 of the Welfare and Institutions Code, that discontinuation of residential service will be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises where residential service is provided.
b. Any member of the customer’s household is a current recipient of CalWORKs, CalFresh, State or local general assistance programs, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the Customer declares that the household’s annual income is less than two hundred percent (200%) of the federal poverty level.
c. The customer is willing to enter into an Alternate Payment Agreement as defined herein.
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6.4 Failure To Comply. If a customer has been granted a payment arrangement under this Section 6 and fails to: (1) pay the unpaid charges by the extension date; or (2) pay an amount due under an alternative payment schedule; then the City may terminate water service. The City will post a final notice of intent to disconnect service in a prominent and conspicuous location at the service address at least five (5) business days before discontinuance of service. The final notice will not entitle the customer to any investigation or review by the City.

7. Specific Programs for Low-Income Customers.

7.1 Reconnection Fee Limits. For residential customers who demonstrate to the City a household income below 200 percent of the federal poverty line, the City will limit any service restoration charges during normal operating hours to fifty dollars ($50), and during non- operational hours to one hundred fifty dollars ($150) for 2020. The limits will only apply if the City’s service restoration charges actually exceed these amounts. These limits are subject to an annual adjustment for changes in the Bureau of Labor Statistics’ Consumer Price Index for All Urban Consumers (CPI-U) beginning January 1, 2021.

7.2 Qualifications. The City will deem a residential customer to h ave a household income below 200 percent of the federal poverty line if: (a) any member of the household is a current recipient of CalWORKs, CalFresh, general assistance, Medi -Cal, Supplemental Security Income/State Supplementary Payment Program, or Califo rnia Special Supplemental Nutrition Program for Women, Infants, and Children, or (b) the customer declares under penalty of perjury that the household’s annual income is less than 200 percent of the federal poverty level.

8. Procedures for Occupants or Tenants to Become Customers of the City.

8.1 Applicability. This Section 8 shall apply only when the property owner, landlord, manager, or operator of a residential service address is listed as the customer of record and has been issued a notice of intent to discontinue water service due to nonpayment.

8.2 Agreement to City Terms and Conditions of Service. The City will make service available to the actual residential occupants if each occupant agrees to the terms and conditions of service and meets the requirements of the City’s ordinance Notwithstanding, if one or more of the occupants are willing and able to assume responsibility for the subsequent charges to the account to the satisfaction of the City, or if there is a physical means, legally available to the City, of selectively discontinuing service to those occupants who have not met the requirements of the City’s rules and regulations, the City shall make service available to the occupants who have met those requirements.

8.3 Verification of Tenancy. To be eligible to become a customer without paying the amount due on the delinquent account, the occupant shall verify that the delinquent account customer of record is or was the landlord, manager, or agent of the dwelling. Verification may include, but is not limited to, a lease or rental agreement, rent receipts, a government document indicating that the occupant is renting the property, or information disclosed pursuant to Section 1962 of the Civil Code, at the discretion of the City.
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9. Third Party Notification Service for Seniors and Dependent Adults . The City will make available, to residential customers who are 65 years or older, or who are dependent adults (as defined in Welfare and Institutions Code Section 15610(b)(1) ), a third -party notification service whereby the City will attempt to notify a person designated by the customer to receive notification when the customer’s account is past-due and subject to termination. The notification will include information on what is required to prevent termination of service. The City will mail the notification to the designated third party at least ten (10) days before termination of service.

To participate, the customer must submit a request for third-party notification on a form provided by the City, and must include the written consent of the designated third party. The notification service does not obligate the third party to pay any overdue charges, nor shall it prevent or delay termination of service.

10. Language for Certain Written Notices. All written notices under Section 4 and Section

6.6 of this Policy shall be provided in English, Spanish, Chinese, Tagalog, Vietnamese, Korean, and any other language spoken by ten percent (10%) or more people within the City’s service area.

11. Other Remedies. In addition to discontinuance of water service, the City may pursue any other remedies available in law or equity for nonpayment of water service charges, including, but not limited to: securing delinquent amounts by filing liens on real property, filing a claim or legal action, or referring the unpaid amount to collections. In the event a legal action is decided in favor of the City, the City shall be entitled to the payment of all costs and expenses, including attorneys’ fees, and accumulated interest.

12. Discontinuance of Water Service for Other Customer Violations. The City reserves the right to discontinue water service for any violations of City ordinances, rules, or re gulations other than nonpayment.

13. Fees and Charges Incurred. Except as otherwise expressly stated in this Policy, any fees and charges incurred by a customer under any other rules, regulations, or policies of the City, including, but not limited to, delinquent charges, shall be due and payable as set forth therein.

14. Decisions by City Staff. Any decision which may be taken by the City’s Finance Director under this Policy may be taken by his or her designee.
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1 CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Conduct a Public Hearing and Introduce an Ordinance Amending Sections of Chapter 10, Title XI (Zoning) of the Milpitas Municipal Code Relating to Definitions and Regulations for Commercial Service Land Uses (Staff Contact:

Ned Thomas, Planning Director, 408-586-3273)
Category: Public Hearings-Community Development
Meeting Date: 10/18/2022
Recommendation: (1) Conduct a public hearing and move to close the hearing following comments; (2) City Attorney shall read aloud title of the ordinance; and (3) Move to waive the first reading beyond the title and introduce an Ordinance amending sections of Chapter 10 of Title XI (Zoning) of the Milpitas Municipal Code relating to Definitions and Regulations for Various Types of Commercial Service Land Uses and determine that the Municipal Code amendment is exempt from California Environmental Quality Act pursuant to CEQA Guidelines Sections 15183 (Projects Consistent with a General Plan) and 15061(b)(3) (Common Sense Exemption).

Background:

The purpose of the proposed ordinance is to improve the clarity and specificity of certain commercial land use classifications that are included in the Zoning Ordinance (Milpitas Municipal Code Title XI, Chapter 10). Specifically, the majority of the proposed zoning text changes relate to commercial service use types.

The definition for the existing “Commercial Services” classification includes a very broad range of business types that are not necessarily similar to one another from an operational standpoin t (for example, professional offices [such as accountants], drycleaners and laundromats, floral shops, and beauty salons).

A recent incident in which a business owner wished to open a laser hair removal studio in Milpitas brought it to the attention of Planning staff that the Zoning Ordinance does not currently include a use classification or definition that would clearly apply to such a business. This highlighted the need for a new use classification in the Zoning Ordinance that applies specifically to commercial services of a personal nature, as opposed to those that provide services of a more professional or business nature.

In addition, there is a general need to more clearly distinguish between different types of commercial services based on their operational characteristics and appropriate location under the zoning regulations.

The uses currently listed under the “Commercial Services” category include some businesses that are similar to retail uses (e.g. , dry cleaners, floral shops), some that are p rofessional office uses (e.g. , accountants, architects), some services of a personal nature (e.g., nail salons, barber shops), and some that are duplicative of uses listed under the general classification of “Business Support Services” (e.g. photocopy shops). The proposed zoning text changes would revise definitions for several commercial use classifications and reorganize them into updated use categories for clarity and internal consistency.

This series of amendments to the Zoning Ordinance focuses on cha nges to the Definitions section and the use tables for Residential, Commercial, Mixed Use, and Industrial Zones, as well as other miscellaneous sections of the code where existing references in the use tables need to be updated.

Amendments are also proposed to the Off-Street Parking Requirements section for consistency with the new and revised use classifications. Finally, several miscellaneous related clean-ups are proposed, such as correcting errors in the footnotes to the use tables and re-numbering footnotes to put them in sequential order.

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2 Overview of Draft Ordinance:

The proposed ordinance includes amendments to the following sections of the Zoning Ordinance (Title XI, Chapter 10 of the Milpitas Municipal Code):

Definitions (XI-10-2.03)
The existing, overly broad “Commercial Services” use category would be eliminated, and the examples listed under this category would be reclassified under new, more appropriate use categories. This would involve the creation of definitions for new service use classifications. For example, a new definition would be added for “Offices, Business and Professional,” under which businesses such as accounting, architectural, and interior design firms would be listed. A new definition for “Personal Services” would be included, encompassing commercial services of a personal or aesthetic nature such as beauty salons and barber shops, nail salons, tanning salons, and tattoo and body piercing studios. A new classification and definition for “Repair and Cleaning, Small Items” would be added, which would include businesses that provide cleaning and repair services for small consumer and household items (e.g. tailors, shoe repair shops, jewelry and watch repair shops, self-service laundromats, etc.). Lastly, some of the business types currently classified as “Commercial Services” would be moved to the “Business Support Services” category (mailbox rentals, photocopy shops) and others would be moved to the “Retail Stores, General Merchandise” category (floral shops, tuxedo rental).

Other minor changes to use definitions are also proposed, such as relocating some of the business types currently listed under “Business Support Services” to be stand-alone uses in the Industrial Uses table (film processing laboratories, photo processing and f inishing, soils and materials testing laboratories). In addition, a new definition for “Dry Cleaning Plant” would be added (this term currently appears in the Industrial Uses table, but no definition is provided in the code). This definition would apply to high-volume facilities that use volatile chemical solvents to clean garments.

Use Tables (Residential, Commercial, Mixed Use and Industrial) (XI-10-4.02, -5.02, -6.02 and -7.02) The new and revised definitions described above would be updated in the use tables for residential, commercial, mixed use, and industrial zones, and the Commercial Services classification would be deleted from these tables. Some specific business types that are currently listed in the tables have been deleted because those uses are now included under the revised definitions of broader use categories (for example, in the commercial zones use table, “Janitorial services” as a stand-alone use has been deleted, because this use is encompassed by the “Business support services” use classification.

The use regulations for each specific zoning district would be updated as needed and would generally be consistent with current use regulations (that is, no major changes are proposed in terms of which zones would permit, conditionally permit, or prohibit specific commercial service, office, or retail uses), with one small exception. During the process of drafting the zoning amendments to the use tables, staff elected to make one minor change to the use regulations that is not directly related to the updates to classifications for commercial service uses – changing general retail stores to a by-right permitted use in the Mixed Use (MXD) and ground level in the High Density Mixed Use (MXD2) zone, rather than making general retail subject to a M inor Conditional Use Permit. Given the intent of these zoning districts to create active, pedestrian-oriented neighborhoods with a diverse mix of uses and business types, staff believes that it is appropriate to allow and encourage retail stores without the need for a discretionary zoning permit.

In addition, staff noticed a few minor errors in the footnotes to these tables – for example, incorrect footnote numbers that refer to the wrong note, and footnotes for which the number doesn't appear anywhere in the table above (likely due to use classifications having been deleted from the table in the past, but the corresponding notes not being deleted). These errors have been corrected, and all table footnotes renumbered so they appear in sequential order for better usability and ease of reference.

Residential Zone Special Uses (XI-10-4.03) and Mixed Use Zone Special Uses (XI-10-6.02-1) Minor revisions have been made to the Residential and Mixed Use Zone Special Uses sections for consistency with the changes to use classifications. Existing references to “Commercial Services” in these 292
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3 sections have been updated, as appropriate (i.e. chang ed to “Personal Services,” “Business Support Services,” and/or “Repair and Cleaning-Small Items”).

Off-Street Parking Required by Land Use (XI-10-53.09)
Changes have been made to Table XI-10-53.09-1: Number of Parking Spaces Required to make the land uses in the table consistent with the new and amended use classifications. No changes to parking space requirements for any land use are proposed.

Planning Commission Recommendation:

The Planning Commission considered the proposed zoning text amendment at its meeting on September 14, 2022. Following discussion and public comment, the Planning Commission voted unanimously (7 -0) to recommend that the City Council adopt the ordinance related to amendments to commercial service land uses. The Commission’s resolution in favor of adoption of the proposed ordinance is attached (Attachment B).

Policy Alternative:

Alternative: Do not adopt the ordinance adding and amending definitions for commercial service land uses and updating use tables for R esidential, Commercial, Mixed Use, and Industrial zoning districts to reflect these new definitions. The existing use classifications for Commercial Services, Business Support Services, General Retail, etc., would continue to be in effect.

Pros: There would be no changes to the current commercial land use classifications in the Milpitas Zoning Ordinance. Continuing to follow the same land use classifications and regulations would mean that City staff, property owners, and potential business owners would not need to learn and become familiar with new and different categories for land uses and business types.

Cons: The existing use classification for commercial services is broad and includes many business types that not only differ significantly from one another in terms of operational aspects and physical character, but also overlap substantially with other commercial use categories such as general retail and business support services. The lack of clarity and precision of the existing commercial service use classification makes it challenging for Planning staff to appropriately determine which commercial services uses can and should be permitted or prohibited in each zoning district.

Reason not recommended: If the proposed ordinance is not adopted, the City would miss an opportunity to clean up and refine the commercial land use classifications in the Zoning Ordinance, which would improve staff’s ability to allow or disallow specific uses in suitable areas of Milpitas.

Fiscal Impact:

The City collects application fees for any Conditional Use Permits and Minor Conditional Use Permits that may be required to allow prospective new businesses in specific locations and zoning districts, depending on how the use is classified and whether the zoning regulations allow the use outright or require a discretionary use permit. With the new land use classifications, the number of use perm its required for new businesses may vary, and the corresponding permit fees collected by the City would also vary. The difference in fees collected would depend on what type of future businesses are proposed and in what locations, which is unknown at this time. However, any change in permit fee revenues associated with these zoning amendments would likely be minimal. Moreover, the proposed zoning amendments will enhance the City’s cost recovery.

California Environmental Quality Act:

The proposed text amendments to the Milpitas Municipal Code are exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section s 15183 (Projects 293
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4 Consistent with a General Plan) and Section 15061(b)(3) (Common Sense Exemption).

The proposed ordinance would enact changes to land use definitions and categories but does not involve any substantive changes in terms of where different land uses are permitted or not permitted. None of the proposed amendments would directly or indirectly result in physical changes to the environment. Therefore, it can be seen with certainty that there is no possibility that the ordinance in question would have a significant effect on the environment; accordingly, the ordinance is exempt from CEQA review.

Recommendations:
1) Conduct a public hearing and move to close the hearing following comments. 2) City Attorney shall read aloud title of the Ordinance. 3) Move to waive the first reading beyond the title and introduce an Ordinance amending sections of Chapter 10 of Title XI (Zoning) of the Milpitas Municipal Code relating to Definitions and Regulations for Various Types of Commercial Service Land Uses and determine that the Municipal Code amendment is exempt from California Environmental Quality Act pursuant to CEQA Guidelines Sections 15183 (Projects Consistent with a General Plan) and 15061(b)(3) (Common Sense Exemption).

Attachments:

A) Draft Ordinance
B) Planning Commission Resolution No. 22-017
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PLEASE NOTE:

This copy of Ordinance No. XX.XXX is a “redlined” version for your convenience. Text additions are designated by an underline and text deletions are designated with a strikethrough.

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2 Ordinance No. XX.XXX

REGULAR

NUMBER: XX.XXX
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING SECTIONS OF CHAPTER 10 OF TITLE XI OF THE MILPITAS MUNICIPAL CODE TO

MODIFY AND ADD DEFINITIONS AND REGULATIONS RELATING TO VARIOUS

TYPES OF COMMERCIAL SERVICE LAND USES , AND MAKING FINDINGS OF

CEQA EXEMPTION

HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of ____________________, upon motion by_________________________ and was adopted (second reading) by the City Council at its meeting of _______________, upon motion by ____________________________. The Ordinance was duly passed and ordered published in accordance with law by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

________________________________ __________________________ Wendy Wood, City Clerk Rich Tran, Mayor

APPROVED AS TO FORM:

________________________________
Michael Mutalipassi, City Attorney

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RECITALS AND FINDINGS:

WHEREAS, the City of Milpitas, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code Section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules and regulations by cities as a means of implementing the General Plan; and
WHEREAS, the City’s Zoning Ordinance, Chapter 10 of Title XI of the Milpitas Municipal Code, currently includes definitions and land use regulations for a variety of types of commercial services, some of which provide services of a personal or professional nature for individual customers and others which provide services primarily for businesses; and
WHEREAS, clear and specific definitions and categories for different land uses are essential elements to facilitate a municipal government’s process of administering its Zoning Ordinance and allowing uses in appropriate areas of the city; and
WHEREAS, the City recognizes a need to improve and clarify existing use classifications for commercial service land uses and add new definitions for specific types of commercial service uses; and WHEREAS, the City has prepared a Zoning Amendment (“Amendment”) to the City’s Municipal Code, including Section 2.03 (“Definitions”), Section 4.02 (“Residential Use Regulations”), Section 4.03 (“Residential Zone Special Uses”), Section 5.02 (“Commercial Use Regulations”), Section 6.02 (“Mixed Use Regulations”), Section 7.02 (“Industrial Use Regulations”), and Section 53.09 (“Off-Street Parking Required by Land Use”) of Title XI, Chapter 10–Zoning; and
WHEREAS, on September 14, 2022, the Pl anning Commission of the City of Milpitas held a lawfully noticed public hearing to solicit public comment and consider the proposed Amendment, take public testimony, and make a recommendation to the City Council on the project; and WHEREAS, this ordinance is exempt from the California Environmental Quality Act, Public Resources Code Section 21000, et seq. (“CEQA”), each as a separate and independent basis, pursuant to CEQA Guidelines Section 15183 (projects consistent with the General Plan) and Section 150 61(b)(3) (no possibility of significant environmental effect).

NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:

SECTION 1. RECORD AND BASIS FOR ACTION
The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT
Based on its review of the entire record, including the staff report, public comments and testimony presented to the Planning Commission and City Council, and the facts outlined below, the City Council hereby finds and 297
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determines that this ordinance is categorically exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines, § 15061(b)(3), also known as the “common sense exemption”, which exempts from CEQA any project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. A “significant effect on the environment” means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the proj ect.

This ordinance would enact changes to land use definitions and categories but does not involve any substantive changes in terms of where different land uses are permitted or not permitted. None of the proposed amendments would directly or indirectly result in physical changes to the environment. Therefore, it can be seen with certainty that there is no possibility that this Ordinance would have a significant effect on the environment; accordingly, this Ordinance is exempt from CEQA review.

Moreover, the City Council hereby finds that the introduction and adoption of this Ordinance is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning). Section 15183 of the CEQA Guidelines provides that projects that are consistent with a Community Plan, General Plan or Zoning for which an EIR has been certified “shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site.” These proposed zoning amendments are consistent with the Milpitas General Plan because they improve upon current definitions for land use categories and expand the range and types of commercial services businesses that recognized by and allowed to operate within the City. This will not only allow the City to implement policy more effectively, but also it will help the City’s commercial centers to thrive and flourish.

Therefore, the proposed Amendment is consistent with the General Plan. Therefore, the proposed Amendment is consistent with the General Plan and is exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines.

Accordingly, this Ordinance is exempt from CEQA review purs uant to Sections 15061(b)(3) and 15183 of the CEQA Guidelines, each as a separate and independent basis.

SECTION 3. GENERAL PLAN CONSISTENCY
The Land Use Element of the Milpitas General Plan includes a policy (LU 1-1) calling for the City to s upport a full spectrum of conveniently located residential, commercial, public, and quasi -public uses that support and enhance business development and regional transportation objectives and promote the livability of residential neighborhoods. The proposed zoning amendments clarify and improve upon existing land use definitions, thereby making it easier for the City to interpret and administer the use regulations and to authorize the location of commercial and service uses in appropriate locations. More specific use de finitions will help support local business opportunities in Milpitas by making it clearer to business owners and City staff where these establishments are allowed to operate within the city.

SECTION 4. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 2
Title XI, Chapter 10, Section 2 ( Definitions ), Subsection XI-10-2.03 ( Definitions ) of the Milpitas Municipal Code is hereby amended to read as follows:

XI-10-2.03 Definitions

A
"Abate" shall mean to repair, replace, remove, destroy or otherwise remedy the condition in violation of this Chapter.
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"Accessory Building or Use" means a subordinate building or use, whose purpose is clearly incidental to that of the main building or the use of the land, and which shall not contain living or sleeping quarters or storage for commercial vehicles in excess of three-quarter (¾) ton size. Accessory dwelling units, as defined in subsection XI-10-13.08 "Accessory Dwelling Units," are exempted from the prohibition against living and sleeping quarters. An accessory building shall be considered attached to the main building if:

1. It shares a common wall with the main building; or

2. It shares an integral roof structure having the same framing system and roof covering as the main building and is separated from the main structure by no more than ten (10) feet at any given point. "Accessory Structure" means a structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. An accessory structure is that which an accessory building is not, by definition. Examples include, but are not limited to fences, trellises, covered patios, and porte cocheres.
"Adjacent" means having a common border with, or being separated from such a common border by a right-of-way, alley or easement. Properties separated by a street, alley, intersection, or other public right-of-way (other than an elevated interstate freeway), shall be considered abutting when their property lines would touch in any way if drawn to the center line of such street, alleyway, intersection, or other public right-of-way. "Airport" means any area of land or water designed, used, or intended to be used or set aside for the landing and taking off of aircraft. The term "Airport" includes all necessary taxi-ways, aircraft storage and tie- down area, hangars and other necessary buildings and open spaces. "Alley" means any public thoroughfare which affords only a secondary means of access to abutting property.
"Alteration, Structural" means any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders. "Amateur Radio Facility" means a wireless communication facility operated by an FCC licensed amateur radio operator within the Amateur Radio Service (USC Title 47, Part 97). "Amateur Radio Operator" means a person holding written authorization to be the control operator of an Amateur Radio facility. This authorization may be in the form of a license or permit issued by the Federal Communications Commission or a foreign national or multi-national license or permit recognized by treaty as valid in the United States.
"Antenna" means any system of towers, poles, panels, rods, wires, drums, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves. See also "Satellite dish or satellite antenna."
Apartment House. See "Dwelling, Multiple-Family."
Apartment, Efficiency. Efficiency apartment means a dwelling unit in a multi-family building consisting of not more than one (1) habitable room, together with kitchen or kitchenette and sanitary facilities. "Assembly" means the provision of activities for assembled groups of participants at institutions or facilities including but not limited to private and nonprofit clubs; social or fraternal organizations; and churches, temples, synagogues and other places of worship. Assembly uses in the context of groups of people is distinct from and unrelated to the definition of the industrial use "Assembly from pre-processed materials." "Assembly from pre-processed materials" means assembling, packaging, or distributing from previously prepared materials, such as cloth, plastic, paper, leather, precious or semi-precious metals or stones, electric or electronic instruments and devices such as television, radios, and pharmaceutical products. Assembly in the context of industrial manufacturing is distinct from and unrelated to the definition of "Assembly" involving groups of people.
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"Auto" means any motor vehicle requiring a license pursuant to the California Vehicle Code. "Automobile Service Station" means any premises used for supplying gasoline and oil at retail, direct to the customer, including minor accessories and services for automobiles, but not including automobile repairs. "Automobile and Trailer Sales Area" means an open area, other than a street, used for the display, sale or rental of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed or sold on the premises. "Automobile Wrecking" means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

B
"Bar or nightclub" means a commercial establishment serving alcoholic beverages for consumption on the premises where the service of food is only incidental to the consumption of such beverages. Dancing and live entertainment may also be conducted within the establishment. "Basement" means a story, partly or wholly, underground. For purposes of height measurements, a basement shall be counted as a story where more than one-half (½) of its height is above the average level of the adjoining ground.
"Bay Window" means a window or set of windows jutting out from the wall of a building, rising from the ground and forming an alcove which may or may not add additional floor area or a sitting area within. "Bedroom" means any room which meets the minimum requirements of both the Zoning Ordinance and the Building Code for a Habitable Room, which is constructed in such a manner that less than fifty (50) percent of one (1) wall is open to an adjacent room or hallway and which can be readily used for private sleeping purposes, shall be counted as a bedroom in order to determine parking or other requirements. For the purpose of calculating parking requirements, the following rooms which regularly make up a standard dwelling unit shall not be considered a "bedroom": one (1) kitchen, one (1) living room; one (1) family or recreation room; one (1) dining room; and the customary sanitary facilities. Planning staff shall determine whether or not a room qualifies as one of the above exceptions.
"Billiard Center" means a place for the public to view and participate in cuesports, such as, but not limited to, billiards, pocket billiards (e.g., pool), snooker, and the various forms of carom billiards. "Billiards" means a "Recreation and Entertainment facility" for the public to view and participate in cue sports, such as but not limited to billiards, pocket billiards (e.g., pool), snooker, and the various forms of carom billiards.
"Block" means that property so designated on an official map of the City, or part of the City, or bounded by streets, or by a street or streets, and railroad right-of-way, canal right-of-way, or unsubdivided acreage. "Boarding House" means an establishment where lodging is provided for compensation, generally for stays of more than 30 days, for up to 8 persons. Boarding houses typically have individual rooms for guests, shared bathroom facilities and a single common kitchen. Meals may be served for guests and included as part of the cost of lodging.
"Breezeway" means a covered passageway between buildings which does not exceed ten (10) feet in width and which has at least one side open, except for necessary supporting columns. "Building" means a structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, or chattels. Where a dwelling is separated by a division wall without openings, each portion of such dwelling shall be deemed a separate building.

Building, Height of. "Height of building" means the vertical distance measured from the adjoining curb grade to the highest point of the roof surface, if a flat roof; and to the mean height level between eaves and ridge 300
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for a gable, hip or gambrel roof; provided, however, that where buildings are set back from the street line, then the height may be measured from the average elevation of the finished grade along the front of the building.

Building, Main. "Main building" means a building in which is conducted the principal use of the lot on which it is situated. The main building shall contain all area within the interior faces of the building, including enclosed areas that are attached. In any "M" district any dwelling shall be deemed to be the main building on the lot on which the same is situated.

Building, Unit Group. "Unit group building" means two (2) or more buildings (other than dwellings) grouped upon a lot and held under single ownership such as universities, hospitals, institutions and industrial plants.

Business, Retail. "Retail business" means retail sale of any article, substance, or commodity for profit or livelihood conducted within a building, but not including the sale of lumber or other building materials or the sale of used or second-hand goods or materials of any kind. "Business Support Services" means establishments primarily within structures that provide other businesses with ancillary services that further or facilitate the other businesses' primary activity. This term does not include activities or uses that are specifically listed as a conditionally permitted or prohibited use in the applicable zone. Examples of business support services include but are not limited to:

1. Business equipment repair services (except vehicle repair);

2. Commercial art and design (production);

3. Computer-related services (rental, repair);

4. Copying and quick-printing services;

5. Equipment rental businesses within structures;

6. Film processing laboratories;

67. Heavy equipment repair services where repair occurs on the client site;

78. Janitorial services;

8. Mailbox rentals;

9. Mail advertising services (reproduction and shipping);

10. Other "heavy service" business services;

11. Outdoor advertising services;

12. Photo developing/finishing/printing;
1213. Protective services (other than office related);
1314. Rental, repairs and distribution of office or business equipment;

15. Soils and materials testing laboratories;
1416. Window cleaning.

Business, Wholesale. "Wholesale business" means the wholesale handling of any article, substance or commodity for profit or livelihood, but not including the handling of lumber or other building material or the open storage or sale of material or commodity, and not including the processing or manufacture of any product or substance.

C
Camp, Trailer. "Trailer camp" means an area or tract of land used or designed to accommodate two (2) or more automobile or house trailers.
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"Candidate" means any person, party, referendum, initiative or other ballot measure. "Cemetery" means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.
"Child Care Center" means any child care facility other than a family child care home, in which less than twenty-four (24) hour per day non-medical care and supervision are provided to children in a group setting. It includes infant centers, preschools, and extended child day care facilities, but does not include after school programs.
"Class A Office Space" means a high quality, modern building with large floor plates and amenities that typically attracts rents in the top twenty-five percent (25%) bracket. "Commercial Athletic Facility" means a building or site equipped for physical training or athletic type games and sports, such as but not limited to, health spas, tennis, gymnasiums, handball courts, racquetball courts; also including ancillary uses when incidental to the primary use, such as but not limited to, steam baths, weight training, aerobic classes, massage, saunas, and the retailing of athletic supplies to be used in the facility. "Commercial Fueling Facility" means a fueling facility designed for commercial customers which dispenses gasoline, diesel, or similar vehicle fuels, and which is not open to the general public, has no cash sales and provides no personal services on-site, provided that said facility is located not closer than five hundred (500) feet from any residentially zoned district or any area designated on the General Plan as being "residential" or any mobile home park.
"Commercial Laboratory" means a facility for scientific research in technology-intensive fields.

Examples include biotechnology, pharmaceuticals, genetics, plastics, polymers, films and fibers. "Commercial Service" means establishments which provide non-medical services of a retail character to patrons which may involve the sale of goods associated with the service being provided. These establishments include businesses that provide both personal and business services, but not industrial services. Any assembly, processing or customization of products on the premises must be incidental and integral to the retail sale of the product. All such completed products must be sold on the premises and may not be distributed to another location for future retail sale or wholesale or for storage to be shipped to another location where the product is sold. This restriction shall not preclude the sale of completed products that are delivered or shipped to the retail customer. The total floor area devoted to assembly, processing, customization and packaging of products sold on the premises shall be less than half the area devoted to sales and display of the completed product.

Examples of establishments covered by this designation include:

1. Accountants;

2. Architects;

3. Dry-cleaners;

4. Floral shops;

5. Barber and beauty shops;

6. Interior decorators;

7. Laundromats (self-service laundries);

8. Locksmiths;

9. Mail box rentals;

10. Photocopy shops;

11. Shoe repair shops;
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12. Tailors;

13. Tuxedo rental shops.

Examples of establishments not covered by this designation include any dry-cleaning plants, metal shops, machine shops, welding shops, and any customer fabrication or machinery repair shops. "Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office, or store. A condominium may include in addition a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either of the following:

1. An estate of inheritance or perpetual estate.

2. An estate of life.

3. An estate for years, such as leasehold or sub-leasehold. "Condominium Conversion" means a change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, to that defined for a condominium project or a community apartment project regardless of the present or prior use of such land and structures and whether substantial improvements have been made or are to be made to such structures. "Conference Center" means a facility used for holding conventions, seminars, workshops or similar activities, including dining facilities and lounges for use by participants, as well as compatible accessory facilities such as offices and business centers.
"Continuing Violation" means a violation, infringement or breach of a provision of this chapter that is uninterrupted and lasts for a continuous period in excess of 24 hours. "Court" means an open unoccupied space, other than a yard, on the same lot with a building or buildings, and bounded on two (2) or more sides by a building, or buildings, including the open space in a dwelling group providing access to the units thereof.
"Court Apartment" means one (1), two (2) or three (3) multiple dwellings arranged around two (2) or three (3) sides of a court which opens onto a street, or a place approved by the Commission. "Curb Grade" means the elevation of the established curb in front of the building measured at the center of such front. Where no curb grade has been established, the City Engineer shall establish such curb grade or its equivalent for the purpose of this Chapter.

D
"District" means a portion of the City within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in this Chapter. "Drive Through Uses" means any component or part of a building or structure which attracts or invites persons in motor vehicles to drive their vehicles upon the premises, and which is used to conduct business or used for the purpose of selling merchandise from the inside of said building to the occupants of motor vehicles. “Dry-Cleaning Plant” means an establishment providing onsite, high-volume laundry and garment cleaning services, typically with the use of volatile solvents, including dry cleaning and garment pressing, diaper services, commercial laundries, and linen supply services. These facilities may include incidental onsite customer pick-up services.
"Dwelling" means a building or portion thereof designed exclusively for residential occupancy, including single-family, two-family and multiple-family dwellings, but not including hotels. 303
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Dwelling, Group. "Group dwelling" means one (1) or more dwellings, other than a tourist court, arranged around two (2) or three (3) sides of a court, which opens onto a street, or a place approved by the commission, including single-family, two-family or multiple-family dwellings and court apartments. Group dwelling include homeless shelters and transitional housing.

Dwelling, Multiple-Family. "Multiple-family dwelling" means a building or portion thereof, designed for occupancy by three (3) or more families living independently of each other.

Dwelling, Single-Family. "Single-family dwelling" means a detached building designed exclusively for occupancy by one (1) family for living purposes and having only one (1) kitchen.

Dwelling, Two-Family. "Two-family dwelling" means a building designed exclusively for occupancy by two (2) families living independently of each other.
"Dwelling Unit" means a habitable room or group of habitable rooms (e.g., living room, bedroom, den, library, recreation, studio, etc.) designed for occupancy by one (1) or more persons living as a family or single household unit with common interior access to all living, kitchen and bathroom areas. No dwelling unit may have more than one (1) kitchen.

E
"EcoPass" means a program offered by the Valley Transportation Agency (VTA) in which employers or property owners purchase annual EcoPass stickers that allow their employees, tenants or residents to ride all VTA bus and light rail vehicles at no cost. "Educational Institution" means a college or university giving general academic instruction equivalent to the standards prescribed by the State Board of Education. "Electronic Smoking Device" means an electronic and/or battery-operated device, the use of which may resemble smoking that can be used to deliver an inhaled dose of nicotine or other substances. "Electronic Smoking Device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, vaporizer or any other product name or descriptor.
"Elevation" means:

1. A scale drawing of the front, rear or side of a building or structure; or

2. A vertical distance above or below a fixed reference level.

Emergency Cache, Community. "Community emergency cache" means a collection of disaster response supplies approved by the City's Office of Emergency Services that would benefit the surrounding community. "Emergency Shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay as set forth in the California Health and Safety Code Section 50801(e), as may be amended.
"Erosion" means the wear and removal of the material in the earth's crust from one site and the deposition at another.
"Extended Stay Hotel" means a commercial establishment providing lodging for a fee for guests, generally marketed to long-term visitors on a temporary basis, which contain furnishings and facilities for sleeping, bathing, food preparation and cooking, Kitchen facilities within individual units may include, but are not limited to, counters, refrigerators, stoves, and ovens.

F
"Family" means an individual, or two (2) or more persons related by blood or marriage or legal adoption or joined through a judicial or administrative order of placement or guardianship, or unrelated persons who function together as a single household unit.
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"Family Child Care Homes" means a home in which care, protection, and supervision of fourteen (14) or fewer children is regularly provided, in the caregiver's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away. Such homes are licensed by the State of California and include the following:

1. "Large family child care home" means a home in which family child care is provided to nine (9) to fourteen (14) children, including children under the age of ten (10) who reside at the home.

2. "Small family child care home" means a home in which family day care is provided to eight ( 8) or fewer children, including children under the age of ten (10) who reside at the home. "Farmers' Market" means an event offering for sale produce, food items, and related goods and merchandise by certified growers authorized to sell, directly to consumers, products that are produced on land the producer controls or taken in consignment from other producers. "Floor Area Ratio (FAR)" is defined for nonresidential Zoning Districts as the maximum permitted ratio of gross floor area to site area and is calculated as follows:

FAR = Total of Gross Floor Area for All Structures on Site Site Area

"Frontage" means all the property fronting on one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or city boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.

G
Garage, Private. "Private garage" means a detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the premises.

Garage, Public. "Public garage" means a building, other than a private garage, used for the care, repair, or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire or sale.

Game Machine, Mechanical or Electronic. "Mechanical or electronic game machine" means any machine, apparatus, contrivance, appliance, or device which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball, token, or any other article or device, or by paying therefore either in advance or after use, involving in its use either skill or chance, including, but not limited to tape machine, card machine, pinball machine, bowling game machine, shuffleboard machine, marble game machine, horse racing machine, basketball game machine, baseball game machine, football game machine, electronic video game or any other similar machine or device, exclusive of food, beverage and tobacco vending machine.

Grade, Finished. "Finished grade" means the final elevation of the ground surface after development, as shown on a precise Grading Plan.
"Grocery Store" means any premises wherein any of the following are exposed, offered for sale, or sold by retail: fresh fruits; fresh vegetables; bakery; meat; poultry, or fish products; frozen foods; and processed and pre-packaged food.
"Gross Acreage" means the total area within the boundaries of a legal lot or parcel, including any area proposed to be dedicated or reserved for public right-of-way. Adjacent lands already dedicated for public right- of-way, including public roadways, easements or other areas, shall not be included as part of the gross acreage. "Gross Floor Area" means the total of all floors measured from the interior faces of the building, but not including areas for parking, basements, shaft enclosures, or unroofed inner courts unless any outdoor areas are used for retail purposes.
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"Guest House Accessory Building" means a one accessory structure, used for the accommodation of guests. Said guest house shall not contain any kitchen or cooking facilities but may contain one (1) bedroom, one (1) living area and one (1) bathroom, and shall be limited in floor area to a maximum of twenty (20%) percent of the total floor area of the main residence.

H
"Habitable Space" means a room designed for living, sleeping, eating or food preparation, including but not limited to a den, study, library, home office, sewing room or recreational room and excluding such areas as garages.
"Head/Smoke/Tobacco Shop" means a retail establishment primarily engaged in the selling of smoking and tobacco products and accessories, and other products, devices and components reasonably assumed to be used for smoking and/or the inhalation or ingestion of any substances. Tobacco products may include but are not limited to cigarettes, cigars, loose leaf tobacco, tobacco pipes, Electronic Smoking Devices and accessories, vaporizers and accessories and any other product, device or component used in the inhalation of tobacco, nicotine or other substance. For the purposes of this definition only, "primarily engaged" means when thirty percent (30%) or more of products sold at the retail establishment are smoking and tobacco products and accessories, and other products, devices and components reasonably assumed to be used for smoking and/or the inhalation or ingestion of any substance.
"Home Occupation" means a business enterprise conducted within a dwelling by the residents of the dwelling and which is incidental and secondary to the use the dwelling for residential purposes. "Hospital" means an institution that maintains and operates facilities for primarily inpatient medical care, including x-ray, laboratory and surgical, for the diagnosis, care and treatment of human illness, injury and disease (physical or mental).
"Hotel" means a commercial establishment providing lodging accommodations for a fee for transient guests, generally for stays of 30 days or less, with access to rooms or units primarily from interior lobbies, courts or halls. A hotel may include limited facilities for storage and preparation of food and beverages within individual rooms, such as coffee makers, mini refrigerators and microwave ovens.

I
"Individual Violation" means a noncontinuous condition or occurrence in violation, infringement or breach of a provision of this chapter that does not exceed twenty-four (24) hours in duration. An Individual Violation may be recurrent. Examples of "Individual Violations" for the purposes of this Chapter include, but are not limited to, the illegal outdoor storage of materials, entertainment events, or outdoor seating in violation of a use permit.
"Instruction, group and private" means the provision of instructional services, including but not limited to photography, fine arts, crafts, dance or music studios, driving schools, diet centers, yoga, martial arts studios, after school programs or similar uses. This definition does not include instruction received through trade or vocational schools nor a post-secondary school or child care centers. Private instruction includes fewer than six (6) students or clients at any one time and group instruction includes six (6) or more students or clients at any one time.
"Intensity" means the degree to which land is used, measured by a combination of the type of land used and the amount of land or floor area devoted to that use. "Intensification of Use" means to alter the character of a use to the extent that the use generates new or different impacts on the health, safety, or welfare of the surrounding neighborhood, including but not limited to the level or amount of traffic, noise, light, smoke, odor, vibration, outdoor storage, or other similar conditions associated with the use.

J
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"Junk Yard" means the use of more than one hundred (100) square feet of the area of any lot for the storage of junk, including scrap materials and metals, or wrecked vehicles and machinery, whether or not sale of such junk is made or proposed.

K
"Kennel" means any lot or premises on which four (4) or more dogs, more than four (4) months of age, are kept.
"Kitchen (for residential uses)" means a residential kitchen shall be enclosed and interior to the dwelling unit utilized for the preparation of food and include two (2) or more of each of the following:

1. A sink (typically larger than 14″ × 17″);

2. A full size refrigerator (typically larger than 24″ × 64″);

3. A 220-V electrical service outlet (typically used for major cooking appliances such as a stove, oven or cooking range).

L

“Laundromat” means a primarily self-service facility where customers wash and dry clothing and other textiles in on-site machines, and where ancillary full-service laundry services may also be offered. "Live-Work Unit" means a dwelling unit with a separate living space attached to a work space within the same unit. The work space and the living space must be occupied by the same tenant. Live-work uses allow one non-residential employee, more customers, and a broader range of uses than permitted in Home Occupations.

See XI-10-13.12 within Special Uses for Live-Work Unit purpose, intent, and regulations.

Uses permitted or conditionally permitted within the underlining zoning district apply unless otherwise prohibited in Section 10-13.12(E). Additional uses covered by this designation include, but are not limited to:

Art and craft work;
Offices, Business and Professional only use;
Accountant;
Architects;
Artists and artisans;
Attorneys;
Computer software and multimedia related professionals; Engineers;
Fashion;
Interior and other designers; and
Commercial service.
"Loading Area" means an open area, other than a street or alley, used for the loading or unloading of vehicles.
"Loading Space" means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials, and which abuts upon a street or other appropriate means of access. 307
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"Lot" means land occupied or to be occupied by a building, or unit group of buildings, and accessory buildings, together with such yards and lot area as are required by this Chapter and having its principal frontage upon a street or a place approved by the Commission.

1. "Corner lot" means a lot, or portion thereof, not greater than seventy -five (75) feet in width and situated at the intersection of two (2) or more streets.

2. "Flag lot" means a lot having access or an easement to a public or private street by a narrow, private right-of-way.

3. "Interior lot" means a lot other than a corner lot.

4. "Key lot" means a lot with a side line that abuts the rear line of any one (1) or more adjoining lots.

5. "Reversed corner lot" means a corner lot the street line of which is substantially a continuation of the front line of the lot to its rear.

6. "Through lot" means a lot having frontage on two (2) paralleled or approximately paralleled streets.
"Lot Dimensions."

1. "Lot Area" means the total horizontal area within the lot lines of a lot.

2. "Lot Depth" means the horizontal distance between the front and rear lot lines, measured along the median between the two (2) side lot lines.

3. "Lot Lines" means the lines bounding a lot as defined herein. a. In the case of an irregular shaped lot or a lot with more than four (4) sides where there is question as to which are the front, side, and rear property lines in order to determine setbacks and required yards, there shall be at a minimum of one (1) front property line and one (1) rear property line. The rear property line shall be the lot line directly parallel to the front property line and of a width of at least thirty (30) feet in length. If no such lot line exists, the Director of Planning shall make the final determination as to the rear property line of such lot.

4. "Lot Width" means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

M
"Manufacture" means preparation, making treatment or processing of articles as merchandise. "Massage Establishment" means any establishment having a fixed place of business where any person, firm, association, partnership, corporation or other entity engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any massage for compensation. For the purpose of this Chapter, the term "massage establishment" shall also include, but not be limited to, any business providing off-premises massage services.
"Massage Establishment, Accessory" means an establishment that provides massage which is incidental to the primary business, where the owner of the primary business is responsible for the massage services and conduct of the massage technician(s) employed at the location. "Medical and Dental Offices" means a building or place where (a) member(s) of the medical profession, dentists, chiropractors, osteopaths, acupuncturists, and physicians or occupational therapists provide diagnosis and treatment to the general public without overnight accommodation and shall include such uses as reception areas, offices, consultation rooms, pharmacy and x-ray providing that all such uses have access only from the interior of the building or structure.
"Medical and Dental Clinics" means the same as Medical and Dental Offices, except they also include minor operating rooms and out-patient surgery with no overnight stay. 308
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"Medical Support Laboratory" means a facility for scientific laboratory analysis of medical resources.

The analysis is generally performed for an outside customer, to support the work of that customer. "Micromobility Device" means a small, lightweight vehicle operating at a speed typically below 15 miles per hour and driven by the individual user, such as bicycles, e-bikes, and electric scooters. "Mixed Use Development" means a development that consists of vertical or horizontal combination of residential and commercial uses within a single building or site. "Mobile Home" means a transportable structure designed to be used as a dwelling unit when connected to required utilities.
"Mobile Home Accessory Building or Structure" means any awning, portable, demountable or permanent cabana, ramada, storage cabinet, carport, fence, windbreak or porch established for the use of the occupant of the mobile home.
"Mobile Home Lot" means a portion of mobile home park designated or used for the occupancy of one mobile home.
"Mobile Home Park" means any areas or tract of land where mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation. "Mobile Home Stand" means the area on which the mobile home is placed when it is stationed on the lot, including the land lying under the mobile home.
"Mobile Recycling Unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles or bins, boxes or containers transported by a truck, van or trailer, and used for the collection of recyclable materials.
"Motel" means a building or group of attached or detached buildings providing lodging accommodations for a fee for transient guests, generally for stays of 30 days or less, with access to each room or unit through an exterior door. Motels are distinguished from hotels primarily in that the former provide direct independent access to, and adjoining parking for, guest rooms and do not provide 24-hour guest services.

N
"Natural Land Slope" means the average slope of the lot in percent, determined by observation on simple slopes, or more precisely by the formula:

S = 100 I L A
Where:

I is the contour interval in feet;
L is the combined length of the contour lines in scale feet; and A is the net area of the lot in square feet.
"Nonconforming Building" means a building or structure or portion thereof lawfully existing at the time this Chapter became effective, which was designed, erected or structurally altered, for a use that does not conform to the use regulations of the district in which it is located. A nonconforming building shall also mean any building or structure built in compliance with all city land use and zoning laws in existence at the time and which does not comply with current development standards, including but not limited to height, setbacks, floor area ratio, maximum lot coverage, maximum size of residence, front yard paving and impervious surface coverage.
"Nonconforming Use" means a use which lawfully occupied a building or land at the time this Chapter became effective and which does not conform to the use regulations of the district in which it is located.

O
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"Occupation" means a principal business, profession or vocation in which one is regularly and habitually engaged for the purpose of compensation for a livelihood. “Offices, Business and Professional” means offices of firms or organizations providing professional, management, or administrative services, including but not limited to:

Accounting;
Architectural;
Business and management consulting;
Computer and technology;
Engineering;
Insurance;
Interior design;
Graphic design;
Real estate;
Title companies; and
Legal services.

This classification does not include medical and dental offices or financial institutions such as banks and savings & loans.
"Open-Air Business" means drive-in business where persons are served in automobiles. "Outdoor Music" means live music, both acoustic and amplified, including live individual musicians, bands, and disc jockeys (DJs), that takes place on a patio or other outdoor space. Outdoor music as defined and regulated in this Chapter shall also include recorded background music played at a public establishment such as a restaurant, bar, retail store, or other business.
"Owner/Occupant" means any person owning property, as shown on the last equalized assessment roll for City taxes, or the lessee tenant, or other person having control or possession of the property.

P
"Parcel" shall mean a legal lot of record.

Parking Area, Private. "Private parking area" means an open area, other than a street or alley, used for the parking of the automobiles of occupants of a building.

Parking Area, Public. "Public parking area" means an open area, other than a private parking area, street or alley, used for the parking of automobiles and available for public or quasi-public use.

Parking Space, Automobile. "Automobile parking space" means a space within a building or a private or public parking area for the parking of one (1) automobile. "Parking Structure" means a structure or portion thereof composed of one or more levels or floors used exclusively for the parking or storage of motor vehicles. A parking structure may be totally below grade (as in an underground parking garage) or either partially or totally above grade with those levels being either open or enclosed.
"Patio Cover" means a one-story structure, not exceeding twelve (12) feet in height and open on one (1) or more sides (provided, however, that the open sides may be closed with insect or plastic screening that is permeable material and not in any manner that would obstruct the free passage of light or air) used for recreational, outdoor living purposes only and not as carports, storage rooms or habitable rooms. 310
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"Person" means a natural person, his heirs, executors, administrators, or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid. “Personal Services” means a commercial establishment which provides services of a personal or aesthetic nature directly to consumers, including but not limited to:

1. Beauty salons and barber shops;

2. Nail salons;

3. Tanning salons;

4. Hair removal salons;

5. Tattoo studios;

6. Body piercing studios.
"Place" means an open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.
"Places of Assembly." See "Assembly"
"Private Recreational Areas" means any usable open space or recreational facility available for use by all of the site's residents.
"Property" means all real property and fixtures, including, but not limited to, parking lots, sidewalks, gutters, driveways, walkways and any building and structure located on such property. "Public Right-of-Way" as defined in Section V-500-1.13 of the Milpitas Municipal Code, shall mean the full width of the right-of-way of any street, as defined in the California Vehicle Code used by the general public, whether or not such street has been accepted as and declared to be part of the City system of streets, including streets forming a part of the State Highway System. "Public right-of-way" also includes easements where the City is the grantee of the easement and property owned by the City of Milpitas or the Milpitas Redevelopment Agency and any public park, trail, or right-of-way within the City of Milpitas. "Public Safety Use" means facilities for public safety or emergency services, including police and fire protection.
"Public Service Use" means facilities owned and operated by governmental agencies that provide services to the general public, including but not limited to federal, state and municipal administration buildings, courthouses, and post offices.
"Public Use" means a use intended to serve the whole city and/or region and operated by a public institution or entity. Such uses have the purpose primarily of serving the general public and include public schools, recreational facilities, government housing, government clinics, and the like. "Public Utilities" means facilities for the production, storage, treatment, transmission and/or distribution of electricity, natural gas, water, wastewater, and telecommunications and other similar essential services.

Q
"Quasi-Public Use" means a use intended to serve the whole city and/or region and are operated by a private, nonprofit, educational, religious, recreational, or charitable, and having the purpose primarily of serving the general public. Such uses include religious facilities, private schools, community theaters, community and club organizations, private hospitals, places of assembly and the like.

R
"Recreation or Entertainment Facility" means a commercial establishment (indoors or outdoors) where patrons can actively participate in entertainment or recreation activities either independently or in conjunction with other uses.
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"Recyclable Material" means reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form.

Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with the California Health and Safety Code. "Recyclable Processing Facility" means a building or space used for the collection and processing of recyclable materials. Processing means the preparation of material for shipment by such means as baling, briquetting, compacting, flattening, grinding, crushing, sorting, shredding, cleaning and remanufacturing. “Repair and Cleaning, Small Items” means a commercial establishment that performs cleaning, repair, and alteration of small consumer and household items, such as laundromats (self-service laundries), dry cleaning pick-up stores (where cleaning is done off-site), small personal electronic repair shops, tailors, shoe repair shops, jewelry and watch repair shops, and locksmiths. Excludes dry-cleaning plants, business equipment and computer repair, heavy equipment and machinery repair, repair and servicing of large and bulky household items such as appliances and furniture, or vehicle repair. "Research and Development (R and D) Uses" means one or more buildings which feature a combination of offices, manufacturing, assembly, warehousing, distribution, laboratories and clean rooms, and ancillary uses such as cafeterias and employee fitness facilities.
"Restaurant" means an establishment in which the principal use is the preparation and sale of food and non-alcoholic beverages. If approved, the service of alcoholic beverages is incidental to the principal use.

1. "Drive-in" means a restaurant that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises.

2. "Drive-thru" means a restaurant which includes one ( 1) or more drive -through lanes for the ordering and receipt of foods and/or beverages by patrons remaining in their vehicles.

3. "Fast-food" means a restaurant that offers quick food service, which is accomplished through a limited menu of items already p repared and held for service, or prepared. Orders are generally not taken at the customer's table, and food is generally served for consumption either on or off the premises. For the purposes of parking requirements, the ordering or take -out area is defined as the counter and the area between the counter and the main entry to the establishment.

4. "Take-out" means a restaurant where foods and/or beverages are sold directly to the customer in a ready-to-consume state for consumption off site with no seats o nsite. For the purposes of parking requirements, the ordering or take-out area is defined as the counter and the area between the counter and the main entry to the establishment.
"Retail Stores, General Merchandise" means retail trade establishments selling lines of merchandise.

Examples of general retail storesThese stores and lines of merchandise include but are not limited to:

1. Art supply;

2. Antiques;

3. Bakeries (retail only);

4. Bicycles;

5. Books;

56. Candy stores;

67. Clothing and accessories;

78. Collectables;

89. Fabrics and sewing supplies;
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10. Floral;
811. Gifts (novelties and souvenirs);
912. Hobby materials;
1013. Jewelry;
1114. Luggage and leather goods;
1215. Music stores;

16. Office supplies and stationery;
1317. Sporting goods and equipment;
1418. Toys and games;

19. Tuxedo and formalwear rental;
1520. Variety stores;
1621. Video rentals and sales.
"Reverse Vending Machine" means an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic containers, and issues a cash refund or a redeemable credit slip. A reverse vending machine sorts, and processes containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

A bulk reverse vending machine is a reserve vending machine that is larger than fifty (50) square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container.

S
"Satellite Dish Antenna or Satellite Antenna" means any device incorporating a reflective surface that is solid, open mesh or bar configured to form a shallow dish, cone, horn or cornucopia used to transmit and/or receive electromagnetic signals. This definition includes antennas that are sometimes called "SES," "TVRO," "TVBS," and "DBS."
"School: Elementary, Middle, or High" means an institution which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California.
"School, trade and vocational" means an establishment where training is received to learn a particular trade or craft that involves skilled labor. Trades and crafts include but are not limited to the various construction trades, auto mechanics, machining, HVAC installation/repair/maintenance and similar trades and crafts.

Setback. See "Yard."
"Short-Term Rental Unit" or "Short-Term Rental" or "STR" means the use of a dwelling unit, including, without limitation, a single-family, two-family, or multiple-family dwelling unit, mobile home, or any portion of such dwellings, rented for occupancy for dwelling, lodging, or sleeping purposes for a period of 30 or fewer calendar days, counting portions of days as full calendar days.

Signs. For purposes of Section XI-10-24, Sign Regulations, of this Chapter, the following definitions shall apply:

1. "Abandoned Signs" means any sign used for advertising or other purposes where the business it advertised or the use or event it supported has ceased operation for or occurred more than ninety (90) days prior to the sign's posting.
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2. "Abate" means to repair, replace, remove, destroy, or otherwise remedy the condition in violation of this Chapter.

3. "A-Frame Sign" means and includes a sign that is portable, is capable of standing without support or attachment, and folds open in the form of an "A" or "sandwich-board".

4. "Ancillary services sign" means a sign displaying ancillary services such as smog services, lotto, or that represent trade affiliations, such as credit card services, or other similar services and not for the purpose of displaying products being sold.

5. "Approved Plastics" means those materials specified in the U.B.C. Standard No. 52-1 which have a flame spread rating of 225 or less and a smoke density not greater than that obtained from the burning of untreated wood under similar conditions when tested in accordance with U.B.C. Standard No. 42-1 in the way intended for use. The products of combustion shall be no more toxic than the burning of untreated wood under similar conditions.

6. "Architectural Sign" means and includes a sign used for advertising p urposes which constitutes an integral part of a roof or marquee and is designed with an intent and purpose to relate to the architectural style of the main building.

7. "Area Identification Sign" means and includes a permanent sign which serves to identify an area.

8. "Awning sign" means any sign or graphic attached to, painted on or applied to an awning or canopy.

9. "Balloon Sign" means and includes any large [over three (3) cubic feet in size] inflatable hot/cold air or helium balloon that is used as an advertising device for any business or promotional event.

10. "Banner Sign" means and includes a temporary sign composed of lightweight, flexible, non -rigid material either enclosed or not enclosed in a rigid frame.

11. "Blade Sign" means a pedestrian oriented sign, adjacent to a pedestrian walkway or sidewalk, attached to a building wall, marquee, awning, or arcade with the exposed face of the sign in a plane that is perpendicular to the plane of the building wall.

12. "Building Perimeter" means the total exterior wall length for any and all buildings intended for human occupancy, as measured at the ground elevation. No second story or subsequent upper story areas shall be considered as a part of this calculation.

13. Canopy Sign. See awning sign.

14. "City Identification Sign" means and includes a sign placed at the point of entry to the City of Milpitas for the purpose of informing a person that they are entering the City of Milpitas.

15. "Construction Sign" means and includes a sign placed on the property where site work, building construction and/or a tenant improvement within an existing building is in progress. The sign may denote that a business will be opening soon, the opening date, names of the architect, engineer, contractor, future business and lending agency.

16. "Directional Sign" means a sign which guides and directs motorists to a specified destination in the most direct manner possible.

17. "Display Surface" means the area made available by the sign structure of building surface for the purpose of displaying the advertising message.

18. "Electric Sign" means any sign containing electrical wiring, but not including signs illuminated by an exterior light source.

19. "Erect" means to build, construct, attach, hang, place, suspend or affix. 314
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20. "Exposed raceway" means an enclosure or conduit that is used to conceal wiring for a lighted sign and is visible from any elevation, typically located between the sign a nd the building to which the sign is attached.

21. "Flag" means a visual device with no commercial copy, usually rectangular in shape and made of a cloth material suspended by, or attached to, a pole or post and may be raised or lowered.

22. "Flag sign" means a visual display device with commercial copy, usually rectangular in shape and made of a cloth material suspended by, or attached to, a post, or pole and may be raised and lowered.

23. "Freestanding Sign" means a sign which is supported by one or more uprights, poles, or braces in or upon the ground, or partially supported and attached to any building, other structure, or foundation on the ground.

24. "Garage Sale Sign" means a sign used primarily for the purpose of advertising a "garage sale" and/or "yard sale" at a residence.

25. "Grand Opening Sign" means and includes banners, pennants, flags, balloons, and similar advertising devices when used only for bona fide grand -opening functions, new ownership, name change, or the reopening of a business that has completely closed for remodeling for at least two weeks.

26. Graphic Panel, Freestanding. Freestanding graphic panel means a freestanding sign located within five feet of the main building wall, which relates to the architecture of the building a nd depends primarily on a graphic image for delivering its advertising message. Graphic panels do not count as freestanding signs. The display area on graphic panels counts towards overall sign area.

27. "Impact Resistive Plastic" means any plastic material capable of resisting fifty (50) foot pounds of force as tested in accordance with ANSI/UL 972 Multiple Impact Test or any similar test procedure.

28. "Information Sign" means and includes signs providing courtesy information, or direction to the public without advertising the business products, or services such as hours, entrance, exit, self-serve, credit cards, restrooms, telephone drive -up, or which serves to direct motorist and pedestrians on private property.

29. "Joint Use Sign" means and includes a freestanding sign for a commercial district under multiple ownerships where freestanding signs for each parcel for which signage is desired is infeasible. The commercial district shall be characterized by close proximity of the businesses and small parcel size.

A common parking field and common vehicular circulation are encouraged.

30. "Logo" means a trademark, or symbol of an organization which is registered with the federal or State government and consistently used in conducting the business activities of said organization.

31. "Marquee" means a permanent roofed structure, attached to, and support by the building and projecting beyond the main building.

32. "Multi-use Structures" means any commercial, industrial, quasi -public, or agricultural farm products sales use, containing five or more stores, or businesses on a single parcel of land.

33. "Mural" means a display, or illustration painted on a building, or wall within a public view not intended to advertise a product, service, or business, and therefore is not considered a sign.

34. "Mural sign" means a display, or illustration painted on a building, or wall intended to advertise a product, service, or business.

35. "Noncombustible Material" means any material which will not ignite at, or below a temperature of one thousand two hundred (1,200) degrees during an exposure of five (5) minutes, and which will 315
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not continue to burn or glow at that temperature. Tests shall be made as specified in U.B.C. Standard No. 4-1.

36. "Nonstructural Trim" means the molding, battens, capping, nailing strips, latticing, cutout, or letters and walkways which are attached to the sign structure.

37. "Off-site Advertising Display" means any sign that advertises, or informs about a business organization, event, goods, products, services, or uses not available on the property upon which the sign is located.

The term "Off-site Advertising Sign" does not include Joint Use Sign, Temporary Tract Advertising Signs for subdivisions under construction in the City, Open House Directional Signs, Garage Sale Signs, Off-site Public Information Signs, off-site directional signs for purposes of identifying regional shopping centers, and Temporary Tract Advertising Signs.

38. "Off-site Directional Sign" means any sign that provides di rection to retail, community, and cultural events not available on the property upon which the sign is located.

The term "Off-site Directional Sign" does not include Garage Sale Signs, Joint Use Signs, Official City or City- sponsored signs, Off-site Directional Signs identifying regional shopping centers, Off-site Public Information Signs, Open House Directional Signs, and Temporary Tract Advertising Signs.

39. "Off-site Public Information Sign" means a sign that is placed proximate to a major city entry on privately owned property that is used to provide non -advertising information and/or identification symbols or plaques to the public for civic organizations, service clubs or other quasi-public uses and is erected within the public right-of-way.

40. "Open House Directional Sign" means a sign, no larger than six (6) square feet in sign area per side, used primarily for the purpose of directing traffic to a house being offered for sale or lease.

41. "Other Advertising Structure" means any device erected or used for the same purpose as a sign, whether erected, or used:
a. Exclusively for advertising purposes, upon which any poster bill, printing, painting device, or other advertisement or identification of any kind whatsoever may be placed, posted, painted, fastened, or affixed.
b. Exclusively for advertising purposes and including any spectacle, display or advertising statuary.

42. "Permanent Sign" means every sign except temporary sign as defined herein.

43. "Political Sign" means a sign which is designated to influence the action of the voters, and election, or defeat of a candidate for the nomination, or election to any public office, or a measure appearing on the ballot at any national, state, district, or local election.

44. "Portable" means an object that is capable of being borne or carried, easily transported, or conveyed without difficulty.

45. "Portable Sign" means and includes a sign that is portable and capable of being borne, or carried, easily transported, or conveyed without difficulty, is capable of standing without support or attachment, is unattached to any structure, and is used for advertising purposes.

46. "Projection" means the distance by which a sign extends over public property or beyond the building line.

47. "Projecting Sign" means a sign other than a wall sign which projects from, and is supp orted by a wall of a building or structure.
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48. "Public Information Sign" means a sign erected for the sole purpose of displaying advertising for community activities and/or identification symbols or plaques for civic organizations or service clubs.

49. "Public Street Frontage" means a publicly owned street immediately adjacent to the parcel, for purposes of sign area and height calculations. Public streets for which the parcel does not have access rights are not included for purposes of any sign calculations.

50. Raceway. See "exposed raceway."

51. "Regional Shopping Center" means any commercial development on one (1) or more parcels of land which are contiguous, or across from a right-of-way which contains a gross land area of at least thirty (30) acres or a gross building area of at least 200,000 square feet. Current regional shopping centers are McCarthy Ranch Marketplace, the Town Center shopping center, and the Great Mall and its out-parcels zoned General Commercial.

52. "Roof Sign" means a sign er ected upon or above a roof or a part of a parapet of a building or structure.

53. "Scoreboard Sign" means a sign located on scoreboard structures located in an adult or youth outdoor playing field on public property and shall be for products or businesses available to persons of all ages.

54. "Shopping Center" means any commercial development containing five (5) or more stores or businesses on one (1) or more parcels of land operating as an integrated use and having a gross parcel area of five (5) or more acres.

55. "Shopping Center Identification Sign" means a sign located on the site of a shopping center or regional shopping center that states the name of the shopping center or regional shopping center.

56. "Sign" means every announcement, declaration, demonstration, display, illustration insignia, surface, or space when erected or maintained out of doors in view of the general public for identification, advertisement or promotion of the interests of any person.

57. "Sign Area" means the area of a sign to be calculated that includes all lettering, wording, and accompanying designs or symbols, together with any background of a different material or color than the remainder of the wall of the building to which is affixed or upon which it is painted. In the case of a freestanding sign, the supports or uprights on which any sign is supported should not be included in determining the sign area unless such supports or uprights are designed in a manner as to form an integral background of the sign.

Where the sign consists of individual letters or symbols, the area shall be considered to be that of the smallest rectangle, circle, square, or triangle which can be drawn to encompass all of the letters. Provided however, that where such individual type letters or symbols are separated more than thirty-six (36) inches from each other, those letters or symbols shall be calculated separately.

If the sign has more than one (1) advertising surface, the sum of all the areas of all such surfaces shall be the area of the advertising surface of such sign except that, if two (2) surfaces on the same face in opposite directions (i.e., the relative angles between the directions they face is one hundred eighty (180) degrees) and the distance between such two (2) surfaces is not more than twenty-four (24) inches, then the area of only one of the two surfaces (the largest if they are not equal) shall be included in the computation.

58. "Sign Program" means a specific set of design standards established for the purpose of unifying a variety of signs associated with a multitenant or multiuse project, building or complex of buildings.

59. "Sign Surface" means the surface of the sign upon, against or through which the message is displayed or illustrated.
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60. "Snipe sign" means temporary or portable signs advertising events that are fastened to fences, trees, utility poles, or other structures or fixtures and also including signs on sticks stuck in the ground and usually found off-site. These do not include real estate, political or open house signs.

61. "Statuary Sign" means statuary used for advertising purposes or representing the logo of a business.

62. "Temporary Sign" means any sign, banner, flag, valance, pennant, streamer, whirligig or advertising display, constructed of cloth, canvas, fabric, cardboard, plywood or other light material with or without a frame, whether attached or portable, and designed or intended to be displayed for a short period of time.

63. "Temporary Promotional Sign" means any temporary Balloon Signs, ba nners, and similar advertising devices when used only for special promotional events.

64. "Temporary Tract Advertising Sign" means a uniformly designed sign which advertises a residential development.

65. "Vehicle-Mounted Sign" means a sign, used for the purpose of advertising, larger than three (3) feet by three (3) feet mounted on, attached to or capable of being borne or carried, easily transported or conveyed without difficulty by a vehicle, where that vehicle is parked on public or private property. This definition does not include signs on delivery vehicles in the act of making a delivery or signs on vehicles parked on residential driveways or public streets.

66. "Wall Sign" means any sign painted on, attached to or erected against the wall of a building or structure.

67. "Window Sign" means any sign painted, attached, glued or otherwise affixed to the interior or exterior surfaces of a window or suspended or located within three (3) feet of the window for the primary purpose of being visible from the exterior of the building. "Single Household Unit" means the functional equivalent of a traditional family, whose members are a non-transient interactive group of persons jointly occupying a single dwelling unit, including the joint use of common areas which are not compartmentalized, such locked cabinets or doors. A single housekeeping unit shall be limited to one (1) kitchen and shall have permanent internal access to all rooms within the dwelling unit, except as provided for Accessory Dwelling Units.
"Single Room Occupancy (SRO) Residence" means a multi-tenant building consisting of single room dwelling units that are the primary residence of its occupants, containing either individual or shared kitchen and bathroom facilities. These units are small (generally less than 350 square feet), and provide a valuable source of affordable housing for individuals and can serve as an entry point into the housing market for formerly homeless people.

Slope. Same as "Natural Land Slope."
"Specific plan" means a detailed plan for the development of a specific area. Specific plans are a significant tool to implement the General Plan. A specific plan documents the proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, parks and other essential facilities proposed to be located within or needed to support the land uses described in the plan, as well as implementation and financing methods and added benefits to the City as a whole.

Stable, Private. "Private stable" means a detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.

Stable, Public. "Public stable" means a stable other than a private stable. "Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and ceiling next above it. 318
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Story, Half. "Half story" means a story under a gable, hip or gambrel roof, the wall plates on which on at least two (2) opposite exterior walls are not more than four (4) feet above the floor of such story. "Street" means a permanently reserved thoroughfare which affords principal means of access to abutting property.
"Structure" means anything constructed or erected, which requires location on the ground or is attached to something having a location on the ground.
"Supportive Housing" means housing with no limit on length of stay, that is occupied by the target population as defined in Section 11302 of Title 42 of the United States Code, as may be amended, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community as defined in the California Health and Safety Code Section 50801(e), as may be amended.

T
"Thrift Store" means any profit or nonprofit business, organization, group or otherwise that engages in or specializes in the sale or resale of previously owned or used goods and merchandise from an area greater than 25 percent of the total floor area devoted to retail sales and whose goods and merchandise are donated or primarily donated. A specialty retail store that sells used goods or merchandise not donated for sale, including but not limited to used record stores, used book stores, used furniture stores, and sports trading card stores, shall not be considered a thrift store for the purpose of this Chapter. "Townhouses" means dwelling units that are attached at their sides in groups of three or more and are sited on individual lots with vehicular access from driveways. Private rear yards or patios and common open space may be part of a townhouse development.

Trailer, Automobile. "Automobile trailer" means a vehicle without motive power designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons and property, including a trailer coach or house trailer.
"Transitional Housing" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months as defined in the California Health and Safety Code Section 50801(e), as may be amended. "Tri-laminate Asphalt Composition" means an asphalt composition roof material that is comprised of three layers of tile adhered together to create one shingle and when installed overlap with another row of three- layered tile for a total minimum thickness of ⅞ inches. "Tutoring Centers" means facilities offering academic instruction to individuals or groups in a classroom setting.

U
"Unreasonable Period of Time" means not less than thirty (30) calendar days following notification by the City to the owner/occupant pursuant to this Chapter that the property is in violation of this Chapter. The City Manager, upon a finding that the violation in question constitutes a threat to the health and safety of any person may designate a time period of thirty (30) calendar days or less upon notice to the owner/occupant to abate the nuisance. Prior notice shall not be required for summary abatement pursuant to this Chapter. "Usable Open Space" means any open space, the smallest dimension of which is at least six (6) feet and which is not used as storage or for movement of motor vehicles. Yards abutting a public street, which are not adequately screened for privacy, in the opinion of the Planning Commission, shall not qualify as usable open space.
"Use" means the purpose for which land or a building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained. 319
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V
"Video Sales and Rental Store" means any place of business which includes the sale or rental of prerecorded video tapes, laser discs, compact discs, or any other medium which projects pictures on a screen.

W
Wireless Communications Facilities Definitions. For the purposes of wireless communications facilities, the following definitions shall apply:

1. "Commercial Wireless Communication Facility" means a wireless communication facility operated by a for-profit business or for-profit purposes. See by contrast, "Noncommercial wireless communication facility."

2. "Noncommercial Wireless Communication Facility" means a wireless communication facility operated by a government agency, a nonprofit organization, a for -profit business for nonprofit purposes or a private citizen for personal use. It includes all amateur radio facilities. See by contrast, "Commercial wireless communication facility."

3. "Stealth Wireless Communications Facility" means any antenna designed to be architecturally integrated into a building that is architecturally consistent with the building design. Examples include a steeple, cupola or tower element on a building and do not in clude flag poles, monopoles or other structures designed to house antenna and resemble natural features.

4. "Wireless Communication Facility" means the equipment and associated structures needed to transmit and/or receive electromagnetic signals. A wirele ss communication facility typically includes antennas, supporting structures (including, but not limited to, monopoles, utility structures, buildings and accessory structures), enclosures and/or cabinets housing associated equipment, cable, access roads and other accessory development.

Y
"Yard" means an open space, other than a court, on a lot, unoccupied and unobstructed, except by eaves, from the ground upward, except as otherwise provided in this Chapter. Where applicable, yards shall be measured perpendicularly from the property line to the face of the nearest exterior wall of any main building, except as otherwise provided in this Chapter (See Subsection XI-10-55.04-11). Setback shall be synonymous with yard.

Yard, Front. "Front yard" means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.

Yard, Rear. "Rear yard" means a yard extending across the full width of the lot between the most rear main building and the rear lot line; the depth of the required rear yard shall be measured horizontally from the nearest point of the rear lot line toward the nearest exterior wall of the main building.

Yard, Side. "Side yard" means a yard between the main building and the side lot line extending from the front yard, or front lot line where no front yard is required, to the rear yard; the width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest exterior wall of the main building.

Z
Zone. See "district."

SECTION 5. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 4
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Title XI, Chapter 10, Section 4 ( Residential Zones and Standards ), Subsection XI -10-4.02 ( Residential Use Regulations ) of the Milpitas Municipal Code is hereby amended to read as follows:

XI-10-4.02 Residential Use Regulations

Table XI-10-4.02-1
Residential Zone Uses
Use R1 R2 R3 R4 R5

1. Commercial
Commercial services 1,2 NP NP C C C
Personal services 1,2 NP NP C C C
Retail 1 NP NP C C C

2. Professional Offices and related uses
Offices, business and professional 1,2 NP NP C C C

3. Public/Quasi-Public and Institutional Uses
Child care center C C C C P
Nursing home3 NP C C C C
Park, playground or community center
(non-profit)

C C C C C
Parking lots C C C C C
School (not trade or vocational) C C C C C
Places of Assembly C C C C C

4. Residential Uses
Condominiums and condo conversions NP SFR: C
Duplex: C

C C C
Duplex (Two dwellings) NP P NP NP NP
Group dwelling NP NP NP C C
Guest house C NP NP NP NP
Manufactured home4 P P NP NP NP
Multi-family dwellings (Three or more
units)

NP NP P P P
Planned unit development5 P P P P P
Accessory dwelling unit6 P SFR: P
Duplex: P

P P P
Single-family dwelling P P NP NP NP
Single-room occupancy residences7 NP NP C C C
Transitional and supportive housing P8 P8 P9 P9 P9

5. Restaurants or Food Service
Restaurants1 NP NP C P/C P/C
Catering Establishment 10 NP NP NP NP NP
Mobile Food Vending (individual vehicle)
11 P12, 13,14 P12, 13,14 P12, 13, 14 P12, 13, 14 P12, 13, 14 Mobile Food Park NP NP NP NP NP
Commissary 10 NP NP NP NP NP

6. Unclassified Uses
Agriculture1015 P P P NP NP
Boarding house (three or more persons) NP C C C C
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Golf course1116 C C C NP NP
Live work units1217 NP NP C C C
Model home complex1318 P P P P P
Short-Term Rentals1419 P P P P P

1 Refer to Subsection XI-10-4.03(A) and (B), Residential Zone Special Uses, of this Chapter, for standards. 2 Refer to Subsection XI-10-4.03(B), Residential Zone Special Uses, of this Chapter, for standards. 2 When located on the ground floor, retail sales of products related to the personal services provided shall be offered at the front of the premises near the pedestrian entrance and shall comprise at least 10 percent of the floor area of the business establishment. 3 Licensed nursing home serving more than six persons, except when used primarily for contagious sickness, mental or drug alcohol addict cases. 4 Refer to Subsection XI-10-13.07, Manufactured Homes, of this Chapter, for standards. 5 Refer to Subsection XI-10-54.07, Planned Unit Developments, of this Title, for standards. 6 In conjunction with existing or proposed legal single-family, duplex, or multi-family dwellings. Refer to Subsection XI-10-13.08, Accessory Dwelling Units, of this Chapter, for standards.
7 Refer to XI-10-13.13, Special Uses, Single Room Occupancy Residences, of this Chapter. 8 Permitted only in single family dwellings.
9 Permitted only in multi-family dwellings.
10 May be permitted with approval of a Conditional Use Permit for kitchens associated with a civic or community organization, su ch as a church or social club.
11 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter. 12 Mobile food vending in the R1, R2, and R3 zones may be permitted in the public right-of-way as part of an approved special event. See Subsection XI-10-13.18(C)(3)(a)(i). Mobile food vending in the R4 and R5 zones is permitted in the public right-of-way upon issuance of all required City and County permits (see Subsection XI-10-13.18(H).
13 In all residential zones, mobile food vending on private property may be permitted on a parcel having a current certificate of use and occupancy as a museum, hospital, school, or place of religious assembly and worship, provided that the mobile food vending use shall not operate more frequently than once per week and for no longer than three consecutive days. 14 In the R1, R2, and R3 residential zones, mobile food vending shall not be permitted on a private property having a residential use. In the R4 and R5 residential zones, mobile food vending on private property having residential use may be permitted as part of an approved, one-time or recurring special event. See Subsection XI-10-13.18(C)(3)(a)(i).
1015 Except for the raising of animals or fowl for commercial purposes, or the sale of any products at retail on the premises. 1116 Except for driving tee or range, miniature course and similar uses operated for commercial purposes. 1217 Allowed commercial uses to be specified through the Conditional Use Permit process. 1318 Refer to Subsection XI-10-13.11(E), Model Home Complexes and Sales Offices, of this Chapter for temporary tract offices. 1419 Subject to the requirements of Subsection XI-10-13.16, Short-Term Rentals, of this Chapter.

Title XI, Chapter 10, Section 4 ( Residential Zones and Standards ), Subsection XI -10-4.03 ( Residential Zone Special Uses ) of the Milpitas Municipal Code is hereby amended to read as follows:

XI-10-4.03 Residential Zone Special Uses
A. Incidental Services Within R3 Zones. Incidental services such as restaurants and retail sales to serve residents may be allowed through the approval of a Conditional Use Permit in accordance with the provisions in Section XI-10-

57.04, of this chapter, provided there is no exterior display or advertising and such activities are conducted in spaces which are integral parks of a main building.

B. CommercialPersonal Services, Retail and Offices within R4 and R5 Zones. CommercialPersonal services, retail and offices may be permitted provided they are:

1. Less than or equal to ten thousand (10,000) square feet in gross floor area; 322
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2. Not open past 10:00 p.m.;

3. Not specifically noted in Table XI-10-4.02-1, Residential Zone Uses, of this Chapter, requiring Conditional Use Permit approval or listed as a prohibited use; and

4. Not listed as a prohibited use in Section XI-10-4.02(B), Prohibited Uses, of this Chapter.

If items 1 through 2, above, are not met, then approval of a Conditional Use Permit is required in accordance with Section XI-10-57.04, of this Chapter.

C. Affordable Housing. Affordable housing units should be provided in all new housing projects. While twenty percent (20%) is the minimum goal, affordable unit requirements will be determined on a project by project basis, taking into consideration the size and location of the project, the type of housing unit, proximity to transit and the mix of affordable units in the vicinity.

SECTION 6. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 5
Title XI, Chapter 10, Section 5 ( Commercial Zones and Standards ), Subsection XI-10-5.02 ( Commercial Use Regulations ) of the Milpitas Municipal Code is hereby amended to read as follows:

XI-10-5.02 Commercial Use Regulations

Table XI-10-5.02-1
Commercial Zone Uses
Use CO C1 C2 HS TC

1. Commercial Uses
Alcoholic beverage sales C61 C C NP C
Art/photography studio or gallery NP P P P P
Bookstore NP P P P P
Business support services NP2 NP2 P P MC
Commercial services1 P P P NP P
Check cashing and payday loan businesses NP NP C C MC
Funeral home or mortician NP NP C C NP
Furniture sales NP P P P P
Furniture repair and reupholstering NP NP P P NP
Grocery store (supermarkets)
Within 1,000 ft. of residential zone NP C C C C
Not within 1,000 ft. of residential zone NP P P P P Head/smoke/tobacco shop NP C C NP C
Home improvement (hardware, blinds, interior
decorating, etc.)

NP P P C P
Not fully enclosed operation NP C C C C
Household appliance store NP NP P P NP
Small appliance repair NP NP MCS P NP
Large appliance repair NP NP NP P NP
Janitorial services NP NP P P NP
Newsstand
Indoor P P P NP P
Outdoor C C C NP C
Nursery (flower or plant)
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Indoor NP NP P23 P P
Outdoor NP NP C P NP
Office supply sales (stationery, equipment) P P P P P
Paint and wallpaper stores NP NP P P P
Pawnshops NP NP C NP NP
Personal services4 NP P P NP P
Pet stores NP NP P P P
Printing (newspaper, publishing) NP NP P P P
Rentals (medical supplies, costumes, party
equipment, office equipment)

NP NP P P P
Repair and cleaning, small items NP P P P P
Retail stores, general merchandise NP P P NP P
Tanning salon NP NP P NP P
Thrift store 35 NP C P P P

2. Entertainment and Recreation
Adult business 46 NP NP NP P NP
Bowling alley NP NP P P P
Commercial athletic facilities
Indoor NP C P P P
Outdoor NP NP NP C NP
Motion picture theater (See 7 below)
Recreation or entertainment facility NP C C C C
Shooting range, indoor NP NP NP C NP

3. Health and Veterinarian Uses
Animal grooming (no boarding) NP P P P P
Hospital C NP C C C
Kennel NP NP C NP NP
Massage establishment 715 NP NP MC MC MC
Massage establishment, accessory 715 NP NP MCS MCS MCS Medical and dental office P P P NP P
Medical and dental clinic P C C NP P
Medical support laboratories P C C C C
Optician and optometrist shop P P P NP P
Pharmacy or drug store NP P P P P
Sauna and steam bath NP NP NP P NP
Veterinary clinic NP NP P P P

4. Industrial Uses 58
Assembly from pre-processed materials NP NP C NP NP Commercial fueling facility NP NP NP C NP
Commercial laboratory NP NP C P NP
Contractor's yards and offices NP NP C C NP
Disinfection and extermination business NP NP C P NP Dry cleaning plant NP NP NP P NP
Food storage locker NP NP NP P NP
Landscape contractor NP NP C P NP
Lumberyards NP NP C C NP
Mini-storage complex NP NP C C NP
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Plumbing, metalworking, glassworking or
woodworking

NP NP C C NP
Research & development NP NP C NP NP
Sign sales and fabrication (Electric and neon
sign, sign painting)

NP NP C P NP
Warehousing and wholesale NP NP C NP NP

5. Lodging
Hotel and motel NP NP C C C

6. Professional Offices, Financial Institutions and Related Uses Automatic teller machines (freestanding) 69 NP P P P P Financial institutions (banks, savings and
loans, etc.)

P P P P P
General offices (administrative and business
services, real estate, travel agencies,
etc.)Offices, business and professional

P P P P P

7. Public, Quasi-Public and Assembly Uses
Auction hall NP NP C C C
Child care
Child care center C C C C C
Day care school C C C C C
Large family child care home NP NP NP NP C
Small family child care home NP NP NP NP C
Places of assembly C C C C C
Cultural center NP NP C C C
Educational institutions
Schools, private (elementary, middle, high) NP NP C NP C Trade and vocational school C NP P P C
Farmer's market (not including flea market) NP C C C C Instruction
Group MCS MCS MCS MCS MCS
Private P P P P P
Motion picture theater
Indoor NP C C C C
Outdoor NP NP NP C NP
Parking facility, storage garage NP P P C C
Public utilities C C C C C
Transportation facility (taxi, limousine, etc.) NP NP C C C

8. Restaurants or Food Service
Banquet hall NP NP C C C
Bar or nightclub NP NP C 1710 C C 1710
Catering establishment C NP P P P
Restaurants C 71 P P P P
With music (indoor/outdoor) NP P 1710 P 1710 C P 1710
With other live entertainment/dancing NP NP C C C
With drive-in or drive-through NP C C C C
With ancillary on-premise beer & wine with
no separate bar

NP MC PMC MC MC
Mobile Food Vending (individual vehicle) 1611 P P P P P 325
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Mobile Food Park 1611 MC MC MC MC MC
Commissary MC P P P MC

9. Residential Uses
Caretaker (in conjunction with contractor's
yard or mini-storage complex)

NP NP C C NP
Emergency shelters 912 NP NP NP P/C NP
Single-room occupancy residences 1013 NP NP NP C NP

10. Vehicle Related Uses
Auto repair (tire, oil change, smog check, etc.) NP NP C C NP Auto sales and rental, outdoor (new and used
cars, RV and truck)

NP NP C C NP
Auto broker (wholesale, no vehicles on site) MCS MCS MCS MCS MCS Car wash NP NP C C NP
Service stations (with or without repair or
retail) 1114

C C C C C
Drive through uses (restaurants, pharmacies,
etc.)

NP C C C C

11. Unclassified Uses
Accessory structures 1215 P P P P P
Model home complex 1316 NP NP NP NP P
Mortuary or crematory NP NP NP C NP
Radio or television station NP NP C P NP
Temporary seasonal sales 1417 NP P P P P

71 When intended to serve the occupants and patrons of the permitted use (office, etc.) and conducted and entered from within the building and provided there is no exterior display of advertising.
12 Refer to the definition for "Commercial Services" in Section 2, Definitions, of this Chapter. Copy/quick-printing shops and mailbox rental facilities shall be permitted in the CO, C1, and TC zones. All other uses classified as Business Support Services shall not be permitted in these zones. 3 Provided that all incidental equipment and supplies, including fertilizer and empty cans, are kept within a building. 4 When located on the ground floor, retail sales of products related to the Personal Services provided shall be offered at the front of the premises near the pedestrian entrance and shall comprise at least 10 percent of the floor area of the business establishment. 5 Refer to XI-10-5.04, Commercial Zone Special Development Standards, of this Chapter. 6 In accordance with the Title III, Chapter 4, Adult Business Ordinance, and Subsection 13.04, Adult Businesses, of this Chapter. 7 Massage establishments are subject to Title III, Chapter 6 of the Milpitas Municipal Code and Subsection XI-10-13.16 of this title. Refer to Subsection XI-10-13.16, of this Title, for special provisions for massage establishments. 8 For conditionally permitted uses, refer to Subsection 57.04(C) (9), Certain Industrial Uses within Commercial Districts, of this Chapter. 9 Refer to Subsection 57.03, Site Development Permits and Minor Site Development Permits, of this Chapter. 10 Indoor or outdoor music is permitted as an accessory use on the same parcel in conjunction with a restaurant or bar that is a principal permitted use or approved conditional use in the C1, C2, and TC zones. See also Subsection XI-10-5.04(E) for additional regulations. 11 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter. 12 Refer to XI-10-13.14, Special Uses, Emergency Shelters, of this Chapter. 13 Refer to XI-10-13.13, Special Uses, Single Room Occupancy Residences, of this Chapter. 14 Refer to Subsection XI-10-6.02-2, Special Uses, of this Chapter, for standards. Service stations shall follow the "General development policy:

Gasoline service stations, and automotive service centers" adopted by the City Council on December 19, 1995. 15 Not including warehouses on the same site as the permitted use. 16 No tract sign shall be permitted within 600 feet of a Santa Clara County Expressway. 17 Refer to Section 13.11, Temporary Uses and Structures, of this Chapter. 2 Provided that all incidental equipment and supplies, including fertilizer and empty cans, are kept within a building. 326
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3 Refer to XI-10-5.04, Commercial Zone Special Development Standards, of this Chapter. 4 In accordance with the Title III, Chapter 4, Adult Business Ordinance, and Subsection 13.04, Adult Businesses, of this Chapter. 5 For conditionally permitted uses, refer to Subsection 57.04(C) (9), Certain Industrial Uses within Commercial Districts, of this Chapter. 6 Refer to Subsection 57.03, Site Development Permits and Minor Site Development Permits, of this Chapter. 7 When intended to serve the occupants and patrons of the permitted use (office, etc.) and conducted and entered from within the building and provided there is no exterior display of advertising.
8 Refer to Subsection 5.02-1, Commercial Zone Special Uses, of this Section. 9 Refer to XI-10-13.14, Special Uses, Emergency Shelters, of this Chapter. 10 Refer to XI-10-13.13, Special Uses, Single Room Occupancy Residences, of this Chapter. 11 Refer to Subsection XI-10-6.02-2, Special Uses, of this Chapter, for standards. Service stations shall follow the "General development policy:

Gasoline service stations, and automotive service centers" adopted by the City Council on December 19, 1995. 12 Not including warehouses on the same site as the permitted use. 13 No tract sign shall be permitted within 600 feet of a Santa Clara County Expressway. 14 Refer to Section 13.11, Temporary Uses and Structures, of this Chapter. 15 Massage establishments are subject to Title III, Chapter 6 of the Milpitas Municipal Code and Subsection XI-10-13.16 of this title. Refer to Subsection XI-10-13.16, of this Title, for special provisions for massage establishments. 16 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.

SECTION 7. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 6
Title XI, Chapter 10, Section 6 ( Mixed Use Zones and Standards ), Subsection XI -10-6.02 ( Mixed Use Regulations ) of the Milpitas Municipal Code is hereby amended to read as follows:

XI-10-6.02 Mixed Use Regulations
Table XI-10-6.02-1
Mixed Use Zone Uses
Use MXD MXD2 MXD3
Ground Level
(Facing Retail street)
Upper
Floor

1. Commercial Uses
Alcohol beverage sales C C C C
Business support services1 P NP2 NP NP2
Commercial services 1 MCS MCS MCS MCS
Grocery stores (supermarkets) C C C C
Pawnshops 23 C C C C
Personal services1, 4 P P P P
Pet shops C NP NP NP
Repair and cleaning shop, small items1 P MC MC MC
Retail stores, general merchandise 35 MCSP MCSP MCS MCS Tanning salons P P P P
Thrift shops (used merchandise)
Retail P P P P
With collections C C C C

2. Entertainment and Recreation
Commercial athletic facilities P P P P
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Motion picture theater (see 6 below)
Recreation or entertainment facility C C C C

3. Health and Veterinarian Uses
Animal grooming (no boarding) P P NP P
Hospitals or sanitariums 46 C C C C
Massage establishment 177 MC MC MC MC
Massage establishment, accessory 177 MCS MCS MCS MCS Medical or dental offices and clinics P NP P P
Medical support laboratories P P P P
Optician and optometrist shop P P P P
Pharmacy or drug store P P P P
Veterinarian clinic P P P P

4. Lodging
Bed and breakfast P P NP NP
Boarding houses (3 or more persons) C C C C
Group dwellings C C C C
Hotels C P P P
Motels C C C C

5. Professional Offices, Financial Institutions and Related Uses 4 Financial institutions (banks, savings and
loans, etc.)

MCS NP MCS P
Offices, business and professional 35 MCS NP MCS P

6. Public/Quasi Public and Assembly Uses
Child care
Child care center C P C P
Day care school C C C
Large family child care home P P C P
Small family child care home P P P P
Instruction
Group 135 P NP NP NP
Private P P P P
Park, playground or community center 58 O O O O
Places of assembly 46 C C C C
Public utilities C C C C
Schools, private (elementary, middle and
high)4

C C C C
Theaters (Indoor) C C C C
Trade and vocational schools 46 C C C C
Transportation facilities 23 C C C C

7. Residential Uses
Multi-family housing 79 P NP10 P P
Transitional and supportive housing 79 P NP10 P P
Accessory Dwelling Unit 1911 P NP P P

8. Restaurants or Food Service
Bar or nightclub C 1012 C 1012 C C 1012
Brewery/Eateries MCS MCS NP MCS
Catering establishments C C C C
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Restaurants 23 P/C P/C NP P/C
With music (indoor/outdoor) P 1012 P 1012 NP P 1012
With other live entertainment/dancing C C NP C
With ancillary on-premise beer & wine with
no separate bar

P P P P
Mobile Food Vending (individual vehicle) 2013 P P NP P
Mobile Food Park 2013 MC NP NP MC
Commissary MC NP NP MC

9. Unclassified Uses
Artisan Studios & Live-work units,
woodworking or glassworking, plumbing or
metalworking and sign shops 23

MCS MCS MCS MCS
Lobbies and entries for upper floor uses P P NP P
Model home complex 1114 P P P P
Mixed use developments 1215 P P P P
Planned Unit Development 1316 P P P P
Temporary seasonal sales 1417 P P P P
Short-Term Rentals18 P NP P P

10. Vehicle-Related Repair, Sales and Services
Auto sales and rental 1519 C C C C
Auto broker (wholesale, no vehicles on site) 23 MCS MCS MCS MCS Vehicle service uses 1620 C NP NP C

1 Refer to Subsection XI-10-6.02-1(B), Performance standards for certain uses, of this Chapter, for standards. 2 Copy/quick-printing shops and mailbox rental facilities shall be permitted in the MXD, MXD2 (Ground Floor), and MXD3 zones. All other uses classified as Business Support Services shall not be permitted in these zones. 23 Refer to Subsection XI-10-6.02-1, Special Uses, of this Chapter, for standards. 4 When located on the ground floor, retail sales of products related to the Personal Services provided shall be offered at the front of the premises near the pedestrian entrance and shall comprise at least 10 percent of the floor area of the business establishment. 35 Refer to Subsection XI-10-6.02-1(B) Performance standards for certain uses, of this Chapter. 46 Refer to Subsection XI-10-6.02-2, Quasi-Public Uses, of this Chapter, for standards. 177 Massage establishments are subject to Title III, Chapter 6 of the Milpitas Municipal Code and Subsection XI-10-13.16 of this title. Refer to Subsection XI-10-13.16, of this Title, for special provisions for massage establishments. 58 For parks, playgrounds or community center owned and operated by a government agency or a nonprofit community organization. 79 Ground level residential is prohibited in the Ground Level Commercial Area as shown on the Midtown Specific Plan Land Use Map, Figure 3.1. 910 Uses serving upper-floor residential uses, such as common gathering space, lobby, and resident services, may be allowed as ground floor uses where residential uses would otherwise not be permitted. 1911 Only allowed within multi-family dwellings, subject to the requirements of Subsection XI-10-13.08, Accessory Dwelling Units, of this Chapter. 1012 Indoor or outdoor music is permitted as an accessory use on the same parcel in conjunction with a restaurant or bar that is a principal permitted use or approved conditional use in the MXD, MXD2, and MXD3 zones. See also Subsection XI-10-6.06(B) for additional regulations. 2013 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter. 1114 Refer to Subsection XI-10-13.11(E), Model Home Complexes and Sales Offices, of this Chapter for temporary tract offices. 1215 Which include only permitted uses.
1316 Refer to Section XI-10-54.07, Planned Unit Developments, of this Chapter, for standards. 1417 Refer to Section XI-10-13.11(D), Temporary Seasonal Sales, of this Chapter. 18 Only allowed within a dwelling unit, subject to the requirements of Subsection XI-10-13.17, Short-Term Rentals, of this Chapter. 329
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1519 New and used auto, recreational vehicle and boat sales, excluding commercial vehicles, trucks, buses, vans, and farm equipment, with accessory repairs and services, only allowed if fully enclosed within a building. Bicycle and auto rental agency, excluding commercial vehicles, trucks, buses, vans, boats and RV rentals, only if fully enclosed within a building. 1620 Refer to Subsection XI-10-6.02-2, Special Uses, of this Chapter, for standards. Service stations shall follow the "General development policy:

Gasoline service stations, and automotive service centers" adopted by the City Council on December 19, 1995. 6 Refer to XI-10-13.14, Special Uses, Emergency Shelters, of this Chapter. 7 Ground level residential is prohibited in the Ground Level Commercial Area as shown on the Midtown Specific Plan Land Use Map, Figure 3.1. 8 Refer to XI-10-13.13, Special Uses, Single Room Occupancy Residences, of this Chapter. 11 Refer to Subsection XI-10-13.11(E), Model Home Complexes and Sales Offices, of this Chapter for temporary tract offices. 12 Which include only permitted uses.
13 Refer to Section XI-10-54.07, Planned Unit Developments, of this Chapter, for standards. 14 Refer to Section XI-10-13.11(D), Temporary Seasonal Sales, of this Chapter. 15 New and used auto, recreational vehicle and boat sales, excluding commercial vehicles, trucks, buses, vans, and farm equipment, with accessory repairs and services, only allowed if fully enclosed within a building. Bicycle and auto rental agency, excluding commercial vehicles, trucks, buses, vans, boats and RV rentals, only if fully enclosed within a building.
16 Refer to Subsection XI-10-6.02-2, Special Uses, of this Chapter, for standards. Service stations shall follow the "General development policy: Gasoline service stations, and automotive service centers" adopted by the City Council on December 19, 1995. 17 Massage establishments are subject to Title III, Chapter 6 of the Milpitas Municipal Code and Subsection XI-10-13.16 of this title. Refer to Subsection XI-10-13.16, of this Title, for special provisions for massage establishments. 18 Only allowed within a dwelling unit, subject to the requirements of Subsection XI-10-13.17, Short-Term Rentals, of this Chapter. 19 Only allowed within multi-family dwellings, subject to the requirements of Subsection XI-10-13.08, Accessory Dwelling Units, of this Chapter. 20 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.

6.02-1 Mixed Use Zone Special Uses

A. Special Uses within all MXD zones. Certain uses noted in Table 6.02-1, Mixed Use Zone Uses may be allowed through the approval of a Conditional Use Permit and Minor Conditional Use Permits, in accordance with Subsection 57.04, Conditional Use Permits, of this Chapter, if they are not located within one thousand (1,000) feet of another same use listed below. This distance shall be measured from the property line of the parcel where such use is located.

1. Auto service uses, including but not limited to: gas oline service stations, car washes, tire shops, towing without vehicle storage and auto repair shops of all kinds, radiators, paint, body, glass, brakes, upholstery, and other similar types.

2. Local transportation service facilities (e.g. taxi, parcel se rvice, ambulance, armored car, and van storage) without outdoor storage of vehicles.

3. Pawnshops.

B. Performance Standards for Certain Uses. For uses requiring approval of a Minor Conditional Use Permit by staff, in accordance with Section XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter, the following performance standards below shall be met.

1. Auto Brokers. Auto Brokers may be permitted by right if the following standards are met:
a. Local Sales and Use Tax. In order to assist the City of Milpitas in its efforts to receive direct distribution of the local tax on materials associated with the project, the California Sales and Use Tax (the "Local Tax") shall be allocated to the project site, to the extent reasonably possible. Evidence of tax allocation or cause as to why such allocation cannot be made shall be submitted at the time of business license submittal.

2. Auto Service Uses. Auto Service uses shall comply with the following standards:
a. All operations shall be conducted completely within an enclosed building. 330
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b. Entrances to the service bays shall not be open to the street but shall be designed to face the rear or interior side property line.

3. Artisans, Plumbing, Metalworking, Sign Shops and Woodworking or glass working shops. These uses shall comply with the following standards:
a. All operations shall be conducted completely within an enclosed building. b. There shall be no dust, fume, or odor either emitted from the premise. c. The operations shall not create excessive vibrations. d. The operations shall be consistent with the City's noise standards. e. Plumbing, metalworking, sign shops, woodworking or glass working shops shall not be closer than 1,000 feet of another same use measured from the property line.

4. CommercialPersonal Services, Business Support Services, and Repair and Cleaning -Small Items uses shall comply with the following:
a. When located within the MXD zone:
i. Located in the area designated for ground floor retail and are less than or equal to ten thousand (10,000) square feet in gross floor area;
ii. Located in the areas not designated for ground floor retail and are less than or equal to fifty thousand (50,000) square feet in gross floor area.
b. When located within the MXD2 and MXD3 zones they are less than or equal to fifty thousand (50,000) square feet in gross floor area;
c. They are not open past 10:00 p.m.;
d. They are not specifically noted in Table 6.02-1, Mixed Use Zone Uses, of this chapter, requiring Conditional Use Permit approval or listed as a prohibited use; e. They are not listed as a prohibited use in Section 10-6.02 (B), Prohibited Uses, of this Chapter.

If items a through c above are not met, then approval of a Minor Conditional Use Permit is required in accordance with Subsection 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter. Exceptions to the requirement for a Conditional Use Permit for such uses may be granted at the discretion of the Planning Director on a case-by-case basis, based upon a review of site-specific conditions.

5. Group Instruction uses shall comply with the following standards:
a. No loitering shall be permitted before or after any classes or sessions.

6. Restaurants may be permitted provided:
a. They have only ancillary on-premise consumption of beer and wine associated with food sales; b. They have no separate bar area;
c. When located within the MXD2 and MXD3 zones they are located on the ground floor facing a public street designated as a retail mixed use street; and d. They conform to the performance standards listed in this subsection (fe) below.

If items (a) through (d) above are not met, then approval of a Conditional Use Permit is required in accordance with Section 57, of this Chapter.
e. Restaurant Performance Standards. Restaurants shall comply with the following performance standards:
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i. Seating shall not exceed that which the amount of parking allocated for the restaurant space would allow. A sign measuring at least one (1) foot by one (1) foot, with a lettering height of at least three (3) inches, shall be placed in a conspicuous location near the restaurant front entrance stating the maximum total seating allowed. Outdoor seating is allowed if it has been approved as part of the facility's Minor Site Development Permit or Site Development Permit and is operated in conformance with any conditions of that approval.
ii. The restaurant shall comply with the City Council's Guidelines for Recycling Enclosures (Resolution No. 6296).
iii. The restaurant shall incorporate measures to reduce odors to acceptable levels, including, but not limited to, installation of a scrubber, carbon filter or similar equipment, on the roof vent to control odors.
iv. All the facility's floor drains, trash compactors and indoor mat and equipment washing areas shall be drained to the sanitary sewer.
v. Where applicable, the restaurant shall maintain an active account with a tallow hauling company. vi. The restaurant shall prepare and implement a program assigning restaurant staff responsibility for complying with the following guidelines which shall be adhered to while the restaurant is in operation:
1) Wash all containers and equipment in the kitchen areas so that wash water may drain into the sanitary sewer.
2) Keep garbage dumpsters clean inside and out; replace very dirty dumpsters with new, clean ones.
3) Double bag waste to prevent leaking.
4) Place, do not drop or throw, waste-filled bags, to prevent leaking. 5) Keep the ground under and around the garbage dumpsters swept. 6) Sprinkle the ground lightly after sweeping with a mixture of water and a little bleach. 7) Hold training sessions to instruct employees on the proper procedures in the handling and disposal of food items; the general maintenance and use of the compactor and any other procedures that would assist the business in complying with all State and local health and sanitation standards. A record of such training must be kept to prove compliance with this requirement.
8) Post signs (in English and multi-lingual) inside the premises for all employees identifying procedures for food delivery and garbage disposal.
9) All garbage bins shall be stored in the garbage enclosure except for the twelve (12) hours immediately before and after garbage collection.

7. Retail and Offices shall comply with the following:
a. When located within the MXD zone:
i. Located in the area designated for ground floor retail and are less than or equal to ten thousand (10,000) square feet in gross floor area;
ii. Located in the areas not designated for ground floor retail and are less than or equal to fifty thousand (50,000) square feet in gross floor area.
b. When located within the MXD2 and MXD3 zones they are less than or equal to fifty thousand (50,000) square feet in gross floor area;
c. They are not open past 10:00 p.m.;
d. They are not specifically noted in Table 6.02 -1, Mixed Use Zone Uses, of this Chapter, requiring Conditional Use Permit approval or listed as a prohibited use; and e. They are not listed as a prohibited use in Section 10-6.02 (B), Prohibited Uses, of this Chapter. 332
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If items a through c above are not met, then approval of a Conditional Use Permit is required in accordance with Section 57, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter.

6.02-2 Quasi-Public Uses within MXD Zone
A. The following quasi-public uses may be permitted within the MXD zones provided their location is first approved by the Planning Commission, in accordance with Subsection 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter, and they are not located within 1,000 feet of the parcel boundary of another quasi-public use listed below. This distance shall be measured from the property line of the parcel where such use is located.

1. Places of meeting or assembly, such as auditoriums, banquet halls, and fraternal or union halls.

Churches and religious institutions are exempt from this spatial requirement.

2. Hospitals or sanitariums.

3. Private elementary, middle or high schools.

4. Vocational schools, if not found objectionable due to noise, odor, vibration or other similar health, safety and welfare basis.

SECTION 8. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 7
Title XI, Chapter 10, Section 7 ( Industrial Use Zones and Standards ), Subsection XI -10-7.02 ( Industrial Use Regulations ) of the Milpitas Municipal Code is hereby amended to read as follows:

XI-10-7.02 Industrial Use Regulations
Table XI-10-7.02-1
Industrial Zone Uses
Use M1 M2 MP

1. Commercial Uses
Adult Businesses1 P NP NP
Business support services P NP P
Commercial services P NP P
Furniture repair and reupholstery P NP NP
Janitorial services P NP P
Office supplies C NP C
Personal services C NP C
Printing (newspaper, blueprint, publishing) P NP C
Repair and cleaning, small items P NP NP
Retail stores, general merchandise2 C NP C

2. Entertainment and Recreation Uses
Billiards C NP C
Commercial athletic facilities C NP C

3. Health and Veterinarian Uses
Hospitals NP NP C
Kennel P NP NP
Medical support laboratories P NP P
Medical and dental offices and clinics2 P NP P
Veterinarian hospital P NP P
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4. Industrial Uses
Assembly from pre-processed materials3 P P P
Auto assembly facility NP P NP
Bottling facility P P NP
Building material sales (equipment rental)4 NP C NP
Commercial fueling facility C C NP
Commercial laboratory P P P
Contractor's yard and offices4 NP C NP
Distribution facility P P P
Dry-cleaning plant P P NP
Film processing, photo finishing and printing, etching, lithography, printmaking, and other similar creative industries

P MCS P
Freight and trucking yard4 NP P NP
Mini-storage complex C C NP
Plumbing, metalworking, glassworking or woodworking P P NP Plant or facility (research & development, assembly, manufacturing, packaging, processing, repairing, etc. or materials, merchandise or products)

P P P
Pottery or tile manufacturing P P NP
Recycling processing facility C C NP
Soils and materials testing laboratories P P P
Warehousing and wholesale P P P

5. Lodging Uses
Hotels/motels C NP C

6. Professional Office Uses
Administrative, professional or researchOffices, business and professional

P NP P
Financial institutions (banks, savings and loans, etc.) C NP P

7. Public, Quasi-Public and Assembly Uses
Auditorium5 NP NP C
Conference center5 NP NP C
Vocational school C NP C
Farmer's market (not including flea market)6 NP NP C Public utilities7 P P P
Transportation facility (taxi, parcel service, armored car, etc.)4 NP P NP Temporary Public Safety Uses8 C C C
Places of assembly129 C NP C

8. Residential Uses
Caretaker's residence C C NP

9. Restaurants or Food Service Uses
Catering establishment P NP P
Restaurants
With on-site service of alcohol C NP C
Without on-site service of alcohol C NP C
With live entertainment/dancing NP NP NP
Drive-in or drive-thru C NP C
Mobile Food Vending (individual vehicle) 1310 P P P
Mobile Food Park NP NP NP
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Commissary P NP P

10. Vehicle Related Uses
Auto junk yard4 NP C NP
Auto repair (tire, oil change, smog check, etc.) 911 C P C 1012 Service stations (with or without repair or retail) 911 C C C With car wash NP C C
Vehicle sales and rental (auto, RV and truck-new and used in operable condition) 1113
C C C 1012
Auto broker (wholesale, no vehicles on site) 129 MCS MCS MCS

1 In accordance with the Title III, Chapter 4, Adult Business Ordinance and Subsection XI-10-13.04, Adult Businesses, of this Chapter. 2 When found necessary to serve and appropriate to the industrial area. 3 Assembling, packaging, or distribution from previously prepared materials, such as cloth, plastic, paper, leather, precious or semi-precious metals or stones, electric or electronic instruments and devices such as television, radios, and pharmaceutical products. 4 When conducted wholly within a completely enclosed building or within an area enclosed on all sides with a solid wall or fence (e.g. chain link with slats) not less than eight feet in height.
5 Shall be ancillary to the primary use or associated with business or industrial uses. 6 Refer to Subsection XI-10-13.10, Farmers Markets, of this Chapter. 7 Includes service facilities, electric transmission and distribution substations and public utility service centers. 8 See Subsection XI-10-13.11(I), Temporary Public Safety Uses. 129 See Subsection XI-10-7.04(A)(1), Industrial Zone Special Development and Performance Standards. 1310 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter. 911 Entrances to the services bays shall not be open to the street, but shall be so designed to face the rear or interior side property line. 1012 Within MP zones, rental and repair may be considered only when ancillary to new auto dealerships. 1113 Within MP zones, boat and camper sales are prohibited. Dealerships shall be on property at least three acres or greater in area. 12 See Subsection XI-10-7.04(A)(1), Industrial Zone Special Development and Performance Standards. 13 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.

SECTION 9. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 53
Title XI, Chapter 10, Section 53 ( Off-Street Parking Regulations ), Subsection XI-10-53.09 ( Off-Street Parking Required by Land Use ) of the Milpitas Municipal Code is hereby amended to read as follows:

XI-10-53.09 Off-Street Parking Required by Land Use
Table 53.09-1
Number of Parking Spaces Required
Use Minimum Parking Spaces Required
A. Commercial Uses
Business Support Services 1 per 350 sq. ft.

Commercial Services1 (floral shops, barber shops, dry
cleaners, Laundromats, photocopy shops)
1 per 200 sq. ft.

Furniture and appliance stores and other bulky item
retail; Furniture Repair and Reupholstery
1 per 350 sq. ft.

General Retail and Convenience Stores; Check
Cashing
1 per 200 sq. ft.

Mortuary, funeral parlor 1 per 4 seats and 1 per employee 335
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Personal Services 1 per 200 sq. ft.

Plant nursery 1 per 200 sq. ft.

Repair and Cleaning, Small Items 1 per 200 sq. ft.

B. Entertainment and Recreation
Arcade and amusement 1 per 200 sq. ft.

Billiards 1 per 200 sq. ft.

Bowling Alleys including incidental accessory uses
(eating and drinking, billiards, etc.)
6 per alley or lane
Clubs and Lodges 1 per 200 sq. ft.

Commercial Athletic Facility (indoor) 1 per 150 sq. ft.

With outdoor or indoor sports courts
Small courts (tennis, badminton) 2 per court plus required parking for other uses on site.

Large courts (basketball, volleyball) 5 per court plus required parking for other uses on site.

Golf Course 6 per hole plus parking for ancillary uses Miniature Golf 1.25 per tee, plus 1 per employee
Motion Picture Theater (indoor) 1 per 3.5 seats
Nightclub 1 per 30 sq. ft.

C. Health and Veterinarian Uses
Convalescent Homes 1 per 2 beds or 1 per 1,000 sq. ft, whichever is greater
Hospital 1 per bed or 1 per 220 sq. ft., whichever is greater Kennel, indoor 1 per 1,000
Massage Establishments Two per treatment room or if no treatment room, one per 2 chairs or 2 tables
Medical and dental Clinic and Office 1 per 225 sq. ft.

Veterinary Clinic and Animal Grooming 1 per 250 sq. ft.

D. Industrial Uses
Distribution
Manufacturing
Processing/Plant (Dry-cleaning plant, photo
finishing/printing, etc.)
Warehousing
1 per 1,500 sq. ft.

Mini Storage 1 per 5,000 sq. ft., plus 1 per resident manager Wholesale 1 per 500 sq. ft.

Research and Development
Medical Laboratories
Soils and Materials Testing Laboratories
High employee demand uses
1 per 300 sq. ft.

Office space within an industrial building (to be
combined with categories above)
1 per 350 sq. ft.

E. Lodging
Extended Stay Hotels 0.7 per guest room or unit5
Hotels 0.7 per guest room5
Motels 0.7 per guest room5
F. Professional Offices, Financial Institutions and Related Uses Automated Teller Machine (free standing) 2 per machine 336
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Financial institutions (banks, savings and loans, etc.) 1 per 180 sq. ft.

Offices, administrative and business services and
professional
1 per 240 sq. ft.

G. Public, Quasi-Public and Assembly Uses
Adult Day Care 1 per 500 sq. ft.

Auditoriums and theaters and places of meeting and
assembly
1 per 4 seats
Child Care Uses2, 3:

Day Care School 1 per classroom or 1 per 500 sq. ft., whichever is greater.

Small family child care home Same as required for underlying residential use Large Family Child Care Home and Child Care
Centers
1 per 1.5 employees
Community Center 1 per 4 fixed seats, or 1 per 6 linear feet of seating, plus 1 per 200 square feet of area without seating
but designed for meeting or assembly by guests,
plus 1 per 500 sq. ft. of outdoor area developed for
recreational purposes
Museums 1 per 400 sq. ft.

Public Utilities 1 per 400 sq. ft.

Religious Institutions 1 per 5 seats in the main area of assembly plus parking for classrooms and offices in this table.

Where there are no seats, then 1 seat equals 7 sq. ft.

Educational Institutions:

School-elementary (K-8 Private) 1 per classroom, plus 1 per 240 sq. ft. of office School-secondary (9-12 Private) 1 per classroom, plus 1 per 240 sq. ft. of office, plus 1 per 5 students
Vocational School, including business, professional,
technical and trade
1 per 200 sq. ft.

Instructional Studios (Dance, Yoga) 1 per 150 sq. ft.

Private instruction, personal enrichment (tutoring) 1 per instructional area or classroom, whichever is greater. No fewer than 3 spaces.

Stadiums and arenas 1 per 4 seats
H. Restaurants or Food Service
Banquet facilities See restaurants below
Bars, Drinking Establishments 1 per 30 sq. ft.

Drive thru See "Vehicle Related Uses" section.

Restaurants:

Sit down:

Indoor and outdoor: 1 per 39 square feet of dining area.

Take out: 1 per 2.5 seats (indoor/outdoor) plus 1 per 60 sq. ft.

GFA for the ordering or take out area.

Mobile Food Parks 1 per 2.5 seats provide for on-site dining, plus 1 per 60 sq. ft. of lot area dedicated to mobile food
vending.

I. Residential Uses
Single Family and Duplexes:
3 bedrooms or fewer 2 per unit4
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4 or more bedrooms 3 per unit, plus 1 per each additional bedroom4 Multi-Family (R3—R5 zones):

Studio 1 covered per unit
1 bedroom 1.5 covered per unit
2—3 bedrooms 2 covered per unit
4 or more bedrooms 3 per unit, plus 1 additional space for each additional bedroom (at least two covered).4
Guest parking
Projects with Parking structures 15% of the total required, may be uncovered Projects with Private garages 20% of the total required, may be uncovered Bicycle parking 5% of the total required
Boarding houses, dormitories, sororities and
fraternities
1 per each room rented
Live-Work Units Single family and duplexes parking requirements shall apply, plus 1.5 for the commercial component
Mixed Use buildings or sites
Residential use
Studio 1 covered per unit
1 bedroom 1.5 covered per unit
2—3 bedrooms 2 covered per unit
4 or more bedrooms 3 per unit, plus 1 additional space for each additional bedroom (at least two covered).4
Guest parking
Projects with Parking structures 15% of the total required, may be uncovered Projects with Private garages 20% of the total required, may be uncovered Bicycle parking 5% of total required
Commercial use
Ground Floor Retail 1 per 250 sq. ft.

Office If building is 1,000 sq. ft. or smaller: 1 per 250 sq. ft.

If building is larger than 1,000 sq. ft.: 3.3 per 1,000 sq. ft.

Short-Term Rentals 1 per unit
Other uses Refer to specific uses within this table
Bicycle parking 5% of total required
Mobile Homes Refer to Section 13.07, Mobile Homes
Senior Housing 1 per unit plus 2 per manager's unit
Single Room Occupancy (SRO) 1 per unit
J. Vehicle Related Uses
Auto rental agency 1 per 400 sq. ft. plus 1 per rental vehicle Auto repair (tire, oil change, smog check, etc.) 3 per service bay Car Wash 1 per 200 sq. ft. of building area and reservoir space outside of building equal to two (2) times the
maximum capacity of facility
Gas & Service Stations:

With Retail 1 per 200 sq. ft.

With Auto Repair 3 per service bay
Auto dealerships:
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45 Ordinance No. XX.XXX

Sale or lease of vehicle 1 per 200 sq. ft. of showroom Office 1 per 200 sq. ft.

With Service Bays 3 per service bay
Window service or drive-thru in conjunction with any
other use
The required parking for primary use (restaurant, or
other use providing window service) plus queuing
of 5 vehicles which do not interfere with any on-site
parking spaces

SECTION 10. SEVERABILITY
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision, or part has no effect on the validity of the remainder.

SECTION 11. EFFECTIVE DATE AND POSTING
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The City Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.
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Item # 13.

RESOLUTION NO. 22-017

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MILPITAS

RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONING TEXT
AMENDMENT ZA22-0004 AMENDING SECTIONS OF TITLE XI, CHAPTER 10 -

ZONING OF THE MILPITAS MUNICIPAL CODE RELATING TO DEFINITIONS

AND REGULATIONS FOR VARIOUS TYPES OF COMMERCIAL SERVICE LAND USES; AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM

ENVIRONMENTAL REVIEW PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)

WHEREAS, the City of Milpitas, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and

WHEREAS, California Government Code Section 65800 et seq. authorizes the adoption and administration of zoning law s, ordinances, rules, and regulations by cities as a means of implementing the General Plan; and

WHEREAS, the City’s Zoning Ordinance, Chapter 10 of Title XI of the Milpitas Municipal Code, currently includes definitions and land use regulations for a variety of types of commercial services, some of which provide services of a personal or professional nature for individual customers and others which provide services primarily for businesses; and

WHEREAS, clear and specific definitions and categories for different land uses are essential elements to facilitate a municipal government’s process of administering its Zoning Ordinance and allowing uses in appropriate areas of the city; and

WHEREAS, the City recognizes a need to improve and clarify existing use classifications for commercial service land uses and add new definitions for specific types of commercial service uses; and

WHEREAS, the City has prepared a Zoning Amendment (“Amendment”) to the City’s Municipal Code, including Section 2.03 (“Definitions”), Section 4.02 (“Residential Use Regulations”), Section 4.03 (“Residential Zone Special Uses”), Section 5.02 (“Commercial Use Regulations”), Section 6.02 (“Mixed Use Regulations”), Section 7.02 (“Industrial Use Regulations”), and Section 53.09 (“Off-Street Parking Required by Land Use”) of Title XI, Chapter 10–Zoning; and

WHEREAS, the Planning Commission makes and accepts as its own the findings set forth in this resolution; and

WHEREAS, the Planning Commission is an advisory body to the City Council; and

WHEREAS, the Planning Commission hereby finds and determines that the project is exempt from further CEQA review pursuant to CEQA Guidelines section 15061(b)(3) (common sense exemption); and
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Resolution No. 22-017 Page 2

WHEREAS, on September 14, 2022, the Planning Commission held a duly noticed public hearing on the subject application, at which all those in attendance were given the opportunity to speak on the Zoning Text Amendment; and

WHEREAS, the Planning Commission has considered all the written and oral testimony presented at the public hearing in making its decision; and

NOW THEREFORE , the Planning Commission of the City of Milpitas hereby finds, determines, and resolves as follows:

SECTION 1. Recitals

The Planning Commission has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the Planning C ommission. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION 2. CEQA Finding

The Planning Commission finds, under CEQA Guidelines, Section 15061(b)(3), that this Ordinance is exempt from further environmental review because it is the adoption of an ordinance amending zoning regulations but would not permit any particular project. Therefore, it can be seen with certainty that there is no possibility that the Ordinance in question may have a significant effect on the environment; accordingly, the Ordinance is not subject to review under CEQA.

SECTION 3. Findings for Zoning Amendment (Milpitas Municipal Code, Subsection XI-10-57.02(G)(3))

The Planning Commission makes the following findings based on the evidence in the public record in support of Zoning Text Amendment No. ZA22-0004:

1. The proposed amendment is consistent with the General Plan.

The proposed amendments are consistent with the Milpitas General Plan because they improve upon current definitions for land use categories and expand the range and types of commercial services businesses that recognized by and allowed to operate within the City. This will not only allow the City to implement policy more effectively, b ut also it will help the City’s commercial centers to thrive and flourish.

2. The proposed amendment will not adversely affect the public health, safety and welfare.

The proposed amendments will simply refine and clarify the way commercial servic e uses are defined and categorized in the Zoning Ordinance; thus, there will be no negative effects on public health, safety or welfare.

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Resolution No. 22-017 Page 3
SECTION 4: Planning Commission Action

The Planning Commission of the City of Milpitas hereby adopts Resolution No. 22-017 recommending that the City Council adopt Zoning Text Amendment ZA 22-0004 based on the above Findings.

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Milpitas on September 14, 2022.

Bill Chuan, Chair

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Resolution No. 22-017 Page 4
TO WIT:

I HEREBY CERTIFY that the following resolution was duly adopted at a regular meeting of the Planning Commission of the City of Milpitas on September 14, 2022, and carried by the following roll call vote:

COMMISSIONER AYES NOES ABSENT ABSTAIN
Mercedes Albana
Dipak Awasthi
Bill Chuan
Larry Ciardella
Alexander Galang
Sonia Medina-Ashby
Zeya Moshin

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Certificate Of Completion
Envelope Id: 12AB22867DCD46598224D9BC19E3EFCF
Status: Completed
Subject: Please DocuSign: Resolution 22-017_Personal Commercial Services Docusign.pdf Source Envelope:

Document Pages: 4
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Certificate Pages: 5
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Elizabeth Medina
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 E Calaveras Blvd
Milpitas, CA 95035
[email protected]
IP Address: 76.21.120.13
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September 19, 2022 | 09:21
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Elizabeth Medina
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: January 13, 2020 | 13:50 Parties agreed to: Chair Bill Chuan, Lillian VanHua
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Item # 13.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Introduce Ordinance No. 65.153 Adopting by Reference the 2022 California Energy Code, Introduce Ordinance No. 65.154 Adopting by Reference the 2022 California Green Building Standards Code with Amendments, and Set a Public Hearing on December 6, 2022 for Adoption of the Ordinances (Staff Contact: Bill Tott, Building Official, 408-586-3263)
Category: Community Development
Meeting Date: 10/18/2022
Recommendation: (1) Following the City Attorney’s reading of the title, move to waive the first reading beyond the title and introduce Ordinance No. 65.153 amending Chapter 11 of Title II of the Milpitas Municipal Code adopting by reference the 2022 California Energy Code; (2) Following the City Attorney’s reading of the title, move to waive the first reading beyond the title and introduce Ordinance No. 65.154 amending Chapter 19 of Title II of the Milpitas Municipal Code adopting by reference the 2022 California Green Building Standards Code with amendments; and (3) Set a public hearing on December 6, 2022, pursuant to California Government Code Section 50022.3, for adoption of the ordinances.

EXECUTIVE SUMMARY:

Staff recommends adopting the 2022 California Energy Code and the 2022 California Green Building Standards Code pertaining to all-electric requirement for newly constructed buildings, and electric vehicle (EV) charging for new residential and non-residential construction. These local amendments, referred to as reach codes, would exceed the requirements in the 2022 state codes to more effectively combat climate change and meet established state targets for reducing greenhouse gas emissions (GHG). The proposed reach codes for Milpitas were largely based on the model code amendment initiated by Silicon Valley Clean Energy with adjustments incorporated as a result of outreach and stakeholder input from the Milpitas community. Adopting the proposed reach codes will help reduce GHG emissions for new construction, improve indoor air quality and the safety of our building stock, support affordable housing, and stimulate the use of electric vehicles in the Milpitas community. Adopting reach codes for all-electric new construction and increased EV charging station standards align with Milpitas Climate Action Plan initiatives BE-2.1.1 and TR-2.1.2 for electrification and EV charging.

In order to make amendments to the California Building Standards Code, of which the Green Building Standards Code ( CalGreen) is a part of, the City must make express findings that the amendments and modifications are reasonably necessary because of local climatic, geological or topographical conditions.

These findings are contained in the proposed ordinance.

This report provides an overview of 1) the reach code adoption process; 2) proposed Milpitas reach code amendments to the 2022 Green Building Standards Code (CALGreen) for the triennial code adoption cycle; 3) benefits of the reach code amendments; 4) regional reach code focus and local engagement efforts; 5) benefits to low-income communities

BACKGROUND:

Every three years, the State of California adopts new building standards that are organized in Title 24 of the California Code of Regulations, referred to as the California Building Standards Code. This regular update is referred to as a “code cycle.” The last code cycle was adopted in 2019 and was effective on January 1, 2020.

The next code cycle will be adopted in 2022 and will be effective January 1, 2023. Cities and counties have the authority to adopt local amendments (reach codes) that require new development projects to exceed minimum 349
Item # 15.

requirements in the California Energy Code and California Green Building Standards Code (also known as CALGreen).

The City of Milpitas has demonstrated leadership in sustainability, especially over the past ten years in which the City installed solar photovoltaic panels at four City facilities including the Sports Center and more recently in conjunction with shade structures in parking areas adjacent to the Senior Center; and installed 12 EV charging stations for fleet vehicles at City Hall. Milpitas also adopted its first Climate Action Plan (CAP) for reducing greenhouse gas emissions (GHG), initially through 2020 which has now been updated to 2040. In 2018 Milpitas also launched a community scale carbon-free electricity endeavor through participation in the Silicon Valley Clean Energy (SVCE) program to provide decarbonized electricity sourced from providers of solar photovoltaic, wind, and hydro generated power.

Through the SVCE community choice energy provider of carbon-free electricity (with opt-up to 100% renewable electricity), almost 100% of Milpitas resident and businesses now enjoy receiving carbon-free electricity and millions in savings in on-bill charges while significantly reducing GHG emissions. Even though these savings and reductions in GHG emissions represent significant actions, more needs to be done to minimize climate change and meet State established GHG reduction targets.

The State target was set by Governor Brown’s Executive Order EO B-55-18, signed on September 10, 2018, which establishes the goal for the state to be carbon neutral as soon as possible, and no later than 2045.

Based on the City’s Climate Action Plan and State goals to reduce GHG emissions, all-electric requirements for new buildings and electrification retrofits will be necessary and ultimately required for renovation of existing buildings constructed under current standards. Addressing electrification now in new buildings avoids hardships for tenants and retrofit costs for building owners in the future and acknowledges the GHG impacts under current construction practices, especially when considering the benefits of building and transportation electrification when paired with carbon-free electricity that is provided by SVCE.

The City of Milpitas is participating in the Silicon Valley Clean Energy reach code grant offering, which will provide $10,000 to the City for presenting reach codes to the City Council for consideration. Please see Attachment C for the SVCE Letter of Interest for the $10,000 grant.

ANALYSIS:

A. Energy Code
Given that the 2022 proposed Milpitas reach codes are not considered as “energy efficiency” code requirements as they do not include energy conservation such as photovoltaics (PV), or energy storage and are for all-electric for newly constructed buildings and not electric readiness, the proposed Milpitas reach codes will only be referencing the Green Building Standards Code (CalGreen).

For purposes of energy efficiency standards, the California Energy Commission (CEC) will continue to adopt those standards for the Energy Code, whereas in the CalGreen code under Residential and Nonresidential Mandatory Measures, Divisions 4.1 and 5.1 for Planning and Design, measures such as all- electric requirements can reside in these sections as all-electric requirements for newly constructed buildings are not considered energy efficiency requirements.

Similarly, EV charging requirements have resided in CalGreen since the advent of this code for the same reason. In other words, EV charging infrastructure requirements are also not considered as energy efficiency requirements.

The upcoming 2022 California Energy Code has greatly enhanced the standards for new construction electrical readiness for heat pumps, cooktops, and clothes dryers. energy storage, and solar photovoltaic (PV) infrastructure, including base line requirements for the use of heat pumps. These new standards mirror the main electric readiness requirements of the Milpitas 2019 reach codes, providing a high level of continuity as these electric readiness standards perpetuate. 350
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The proposed reach code is largely based on the model code amendment developed by Silicon Valley Clean Energy, which has been vetted through considerable research and public review. Staff also incorporated adjustments in the proposed model reach code as a result of stakeholder input from the Milpitas community. The proposed reach codes for Milpitas provide pathways / options that offer a balanced approach to new residential and non-residential construction.

B. Green Building Standards Code (CALGreen)
It is widely known that availability of electric vehicle (EV) charging infrastructure is a critical component to EV adoption. Retrofitting existing buildings with EV charging infrastructure is significantly more expensive than it is during new construction.

EV reach codes will ensure that newly constructed buildings have ample EV charging capability to reduce long term costs of EV infrastructure installation while helping to increase EV adoption and decrease transportation related GHG emissions which account for approximately 50% of total GHG emissions.

The proposed reach code amendments will provide a higher percentage of charging infrastructure in new construction through a combination of Level 1 and Level 2 circuits with varying readiness.Please see Attachment B for the code amendment language.

A summary of the proposed reach code amendments to the Green Building Standards Code is included below:

Section 202
Definitions added such as for Automatic Load Management (ALMS) and All-Electric Building Section 4.106.4 through 4.106.4.3 through 5.106.5.3.3
Increases EV charging infrastructure requirements for single family, duplex, townhouse, and multi -family occupancies
Add Section 4.106.5 and 4.106.5.1 to Site Development.

Provides the requirement for all-electric new residential construction Add Section 5.106.5.3 through 5.106.5.3.3
Increases EV charging infrastructure requirements for new office and other non-residential buildings Add Section 5.106.5.3.5
Provides clean air vehicle parking designation for EVCS as designated parking Add Section 5.106.13 and Section 5.106.13.1 to Site Development.

Provides for all-electric new nonresidential construction

Costs/Benefits of Proposed Amendments

A. Statewide Cost-Effectiveness Study
Funded by California Investor-Owned Utilities (IOUs) such as Pacific Gas and Electric (PG&E), the California Statewide Codes and Standards Program (Statewide Program) and Energy Solutions completed cost-effectiveness studies for new residential and non-residential construction, for use in the current building code cycle. The proposed Milpitas reach codes are based on data in these studies, specific to Climate Zone 4, for cost effectiveness. For EV infrastructure go to Electric Vehicle Infrastructure Cost 351
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Analysis. For new residential and non-residential all-electric cost-effectiveness studies go to; Low-rise Residential, Mid-rise Residential, High-rise Residential, Non-Residential.

B. Project Feasibility
While the environmental benefits of reach codes for all-electric and EV charging have been well- documented, there have been concerns expressed by the development community on the financial impact on project feasibility due to increased construction costs associated with reach codes.

According to the cost-effectiveness studies noted in the previous section, all-electric buildings offer savings on “first” construction costs for all building types when compared to mixed fuel buildings in all 16 California climate zones. Similarly, the cost-effectiveness studies for EV charging infrastructure show that “first” construction costs compared to the cost to retrofit buildings for EV infrastructure are significantly less and do not impact or inconvenience residents.

C. Building Electrification
Given that building emissions of GHG account for approximately 35-40% of total GHG emissions, and transportation accounts for 50% of all GHG, the need for all-electric standards for new construction and enhanced EV charging infrastructure is compelling. Elimination of natural gas usage through the use of all- electric standards for new construction would greatly reduce greenhouse gas emissions at an accelerated rate through the adoption of the reach codes

Other benefits of all-electric standards include on-bill savings for Milpitas SVCE customers, cleaner, heathier indoor air quality, and greater safety due to the elimination of toxic and potentially lethal products of gas combustion such as carbon monoxide. For these reasons, there is considerable interest in promoting higher levels of all-electric new construction.

SVCE has taken the lead in Santa Clara County for researching and developing prototype standards for reach codes. Staff have worked closely with SVCE and its consultants to interpret and apply the 2022 cost- effectiveness studies for all-electric residential and nonresidential new construction to the Milpitas reach code.

This does not apply to single-family homes.

Staff have also worked with SVCE and the Statewide Program’s team to establish new construction EV requirements which are more in-line with local EV adoption trends, while providing flexibility for the developer and keeping construction costs as low as possible.

Note that while construction costs will be incurred, there are numerous utility, state and federal incentive programs available to offset or reduce “first” costs for all-electric standards and EV charging infrastructure.

One such program is P.G.& E’s Electric Infrastructure Rule 29. Under this rule, P.G.& E. will pay for and coordinate the design and deployment of electric service extensions from P.G.&E. electrical distribution line facilities to the service delivery point for separately metered EV charging stations. P

Local residents are showing a significant interest in electric vehicles. According to the Bay Area Air Quality Management 2022 Climate! Program, at the end of 2021, there were more than 266,000 EVs registered to Bay Area drivers.

Recent data compiled through surveys of potential electric vehicle customers and other sources indicates that the availability of EV charging infrastructure is a critical component to EV adoption. It is significantly more expensive to install charging infrastructure as a retrofit than during new construction. As such, ensuring that newly constructed residential and non-residential parking has ample EV charging capability will reduce long-term costs of EV infrastructure installation, while helping to increase EV adoption and decrease transportation-related greenhouse gas emissions.

While California’s new minimum requirements are a step forward, it is unlikely that the requirements for multi-family dwellings and non-residential buildings are enough to keep pace with expected EV growth 352
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looking towards 2030. The Statewide Program’s team reviewed approaches to increase the amount of EV infrastructure in new construction, while keeping construction costs as low as possible.

E. Low-Income Communities
A recent study by U.S. Environmental Protection Agency (EPA) scientists shows that low-income communities are disproportionally affected by air pollution. It is imperative that clean fuel options such as electricity produced using solar, wind and hydro power are incorporated into Milpitas’ low-income housing community to promote reduction of indoor and outdoor air pollution.

EV charging requirements have been perceived by some to be incongruent with low-income housing needs, however, recent studies suggest otherwise. EVs and hybrids are becoming more affordable and their fuel costs are considerably lower than fossil fuel powered vehicles.

There are many incentives available for California buyers such as;

The Clean Vehicle Rebate Program, which provides rebates from $1,000 to $7,000 for the purchase or lease of new zero-emission vehicles (ZEV). These can include electric, plugin-hybrid electric and fuel cell vehicles. Since 2010, the program has issued more than 450,000 rebates totaling more than $1 billion, which accounts for nearly 43 percent of light-duty ZEVs sold in the state, say officials.

The Clean Vehicle Assistance Program provides low-interest loans, vehicle purchase grants and vehicle charging incentives for income-qualified car owners. More than 80 percent of participants have a household income at or below federal poverty level.

Another program, which is led by California’s Air Resources Board (CARB), is the Clean Cars 4 All, which provides vouchers to income-qualified participants to be used toward the purchase or lease of a new or used ZEV or hybrid in exchange for scrapping an older gas-burning car. The program also has incentives for transit passes and micromobility.

The California Clean Fuel Reward Program is a time-of-sale program, also funded by CARB, and administered by Southern California Edison. This program can be included in the financing, which makes it very easy for dealers to apply, and gives immediate gratification to the customer.

The Clean Fuel Reward Program was initially offered as an instant “on-the-hood” rebate. By the end of 2021 nearly 200,000 customers had received this rebate, and 21 percent of the customers were in underserved communities, and 72 percent of customers replaced an internal combustion engine vehicle.

For these reasons, accelerating the rate of EV charging access infrastructure through the proposed Milpitas reach codes is just as relevant if not more critical to low-income below market rate housing as market-based or commercial projects.

Reach Code Efforts in Other Jurisdictions

Current regional reach code efforts are focused on new residential and non-residential construction and electric vehicle infrastructure (EVCI), to incentivize or require the following:

o All-electric buildings for new construction
o Mixed fuel (e.g. natural gas and electric) buildings, including electrification readiness o Additional EVCI requirements for all building types to further prepare for current and future anticipated electric vehicle (EV) uptake.

According to the CEC, over 55 Bay Area cities and Counties have adopted or are considering reach codes, with a focus on requiring all-electric requirements for new buildings and EV charging infrastructure for implementation in the 2022 building code cycle. Bay area jurisdictions include the following:

o 8 in Alameda County
o 24 in San Mateo County 353
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o 16 in Santa Clara County
o 7 in Sonoma County

Milpitas Public Outreach

A. Comments at Community Meetings
Staff conducted a series of outreach and engagement meetings with stakeholders and community members on the proposed reach codes. These include the August 15 Community Development Roundtable initial discussion, September 14 Stakeholder Workshop, and presentation to the Energy and Environmental Sustainability Commission on October 19.

The feedback from the outreach meetings was supportive ,and Milpitas residents acknowledged the growing climate change crisis and applauded the City’s reach code efforts.

B. Other Stakeholder Comments
Pacific Gas and Electric (PG&E) has repeatedly stated its commitment to helping communities achieve their energy goals and efforts to promote efficient and cost-effective electrification in new construction.

Effective Date of Code Amendments

The Green Building Standards Code ( CalGreen) amendments pertaining to all-electric requirements for new residential and non-residential building construction and EV charging infrastructure, if adopted by the City Council on December 6, 2022, would then be filed with the California Building Standards Commission (BSC) for ministerial review and documentation. Once the letter of acknowledgement and approval is received, the reach code amendments would then become effective on January 1, 2023.

POLICY ALTERNATIVE(S):

Alternative 1: Adopt the 2022 California Green Building Standards Code as written without local amendments (reach codes).

Pros: No additional work is needed. The section for amendments would be removed from the Ordinance.

Cons: Without reach codes, it would be increasingly difficult to achieve some of the established goals in the Milpitas Climate Action Plan. Also, the opportunity to join with other local jurisdictions in the efforts to accelerate code requirements to achieve the state mandated goals for greenhouse gas emission reductions by 2020, 2030, and 2045, would be a lost opportunity. Instituting all-electric for new construction and electric vehicle charging requirements with this code cycle will have lasting impacts as buildings constructed under this code cycle will have significant carbon reductions for the 30-40 year life span of the buildings. An added benefit to enacting the reach codes now is the avoidance of the higher costs to retrofit buildings later, and the inconvenience to tenants.

Reason for Not Recommending: This alternative is not recommended because of the loss of opportunity to increase the City’s efforts toward achieving a higher, earlier use of renewable energy, the reduction of GHG emissions, and achieving Milpitas Climate Action Plan milestones.

FISCAL IMPACT:

There is no cost to the City other than administrative staff time and expense.

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 15061(b)(3).

RECOMMENDATION: 354
Item # 15.

(1) Following the City Attorney’s reading of the title, move to waive the first reading beyond the title and introduce Ordinance No. 65.153 amending Chapter 11 of Title II of the Milpitas Municipal Code adopting by reference the 2022 California Energy Code; (2) Following the City Attorney’s reading of the title, move to waive the first reading beyond the title and introduce Ordinance No. 65.154 amending Chapter 19 of Title II of the Milpitas Municipal Code adopting by reference the 2022 California Green Building Standards Code with amendments; and (3) Set a public hearing on December 6, 2022, pursuant to California Government Code Section 50022.3, for adoption of the ordinances.

Attachment(s):

A. Ordinance No. 65.153 – adopting by reference the 2022 California Energy Code B. Ordinance No. 65.154 – adopting by reference the 2022 California Green Building Standards Code with amendments
C. SVCE Letter of Interest for the $10,000 grant

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Item # 15.

Ordinance No. ___
1 REGULAR

NUMBER: 65.153

TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING CHAPTER 11 OF TITLE II OF THE MILPITAS MUNICIPAL CODE ADOPTING BY REFERENCE THE 2019 CALIFORNIA ENERGY CODE

HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of _________, 2022, upon motion by , and was adopted (second reading) by the City Council at its meeting of ____________________, upon motion by ___________________.

The Ordinance was duly passed and ordered published in accordance with law by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

________________________________ __________________________ Suzanne Guzzetta, City Clerk Rich Tran, Mayor

APPROVED AS TO FORM:

________________________________
Michael Mutalipassi, City Attorney

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RECITALS:

WHEREAS, the California Building Standards Commission has adopted and published an updated Title 24 of the California Code of Regulations, also referred to as the 20 22 California Building Standards Code, that will become effective statewide on January 1, 2023; and

WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 establish the authority for a city to adopt and make local amendments and modifications to the building standards in the California Building Standards Code to establish more restrictive building standards than those contained in the California Building Standards Code; and

WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 permit a city to make such local amendments and modifications as the city determines are reasonably necessary because of local climatic, geological or topographical conditions; and

WHEREAS, the City of Milpitas has reviewed and intends to adopt the 2022 California Energy Code;

NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:

SECTION 1. RECORD AND BASIS FOR ACTION

The City Council has duly considered the full record before it, which may include but is not limited to the staff report, testimony by staff and the public, and other mat erials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT

The City Council hereby finds and determines that this Ordinance has been assessed in accordance with the California Environmental Quality Act (Cal. Pub. Res. Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq. ) and is categorically exempt from CEQA under CEQA Guidelines, § 15061(b)(3), which exempts from CEQA any project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Adoption of the proposed Ordinance would not be an activity with potential to cause significant effect on the environment because the changes made to the California Energy Code within are enacted to provide more protection to the environment, and theref ore is exempt from CEQA. It is also exempt from CEQA pursuant to CEQA Guidelines, § 15038 which exempts actions taken by regulatory agencies for the enhancement and protection of the environment. As such, the Ordinance is categorically exempt from CEQA.

SECTION 3. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE II, CHAPTER 11

Chapter 11 of Title II of the Milpitas Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:

Chapter 11 ENERGY CODE

Sections:

Section 1 – Adoption of the Energy Code

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Section 1 Adoption of the Energy Code

II-11-1.01
The 20 22 California Energy Code, published and copyrighted by the International Code Council, Inc. and the California Building Standards Commission in Part 6 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The adoption includes Appendices 1-A and 1-B. The 2022 California Energy Code shall be designated and referred to as the “Energy Code” for the City of Milpitas. There is one copy of said Code on file in the office of the Building Official for use and examination by the public.

SECTION 5. REPEAL OF CONFLICTING ORDINANCES

Upon adoption of each new California Building Standards Code, the Ordinance adopting the previously adopted California Building Standards Code is superseded in its entirety. This Ordinance does not repeal Ordinance No. 65.147, which adopts by reference and amends the 2022 California Building Standards Code, Ordinance No. 65.149, which adopts by reference and amends the 2019 California Green Building Standards Code, nor Ordinance No. 113.25, which adopts by reference and amends the 2019 California Fire Code.

SECTION 6. SEVERABILITY

The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.

SECTION 7. EFFECTIVE DATE AND POSTING

In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) days from and after the date of its final adoption by the City Council, and after approval of the City of Milpitas application to enforce its locally adopted energy standards by the California Energy Commission, but no sooner than January 1, 202 3. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of th e Government Code of the State of California.

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Item # 15.
1 Ordinance No. 65.149

REGULAR

NUMBER: 65.149

TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING CHAPTER 19 OF TITLE II OF THE MILPITAS MUNICIPAL CODE ADOPTING BY REFERENCE THE 20 22 CALIFORNIA GREEN BUILDING

STANDARDS CODE WITH AMENDMENTS

HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of _______, 2022, upon motion by , and was adopted (second reading) by the City Council at its meeting of ____________________, upon motion by __________________.

The Ordinance was duly passed and ordered published in accordance with law by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

________________________________ __________________________ Suzanne Guzzetta, City Clerk Rich Tran, Mayor

APPROVED AS TO FORM:

________________________________
Michael Mutalipassi, City Attorney

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RECITALS:

WHEREAS, the California Building Standards Commission has adopted and published an updated Title 24 of the California Code of Regulations, also referred to as the 2022 California Building Standards Code, that will become effective statewide on January 1, 2023; and

WHEREAS, California Hea lth and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 establish the authority for a city to adopt and make local amendments and modifications to the building standards in the California Building Standards Code to establish more restrictive building standards than those contained in the California Building Standards Code; and

WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 permit a city to make such local amendments and modifications as the city determines are reasonably necessary because of local climatic, geological or topographical conditions; and

WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 require a city, before making any amendments and modifications to the C alifornia Building Standards Code, make an express finding that such amendments and modifications are reasonably necessary because of local climatic, geological or topographical conditions; and

WHEREAS, the City of Milpitas has reviewed and intends to ado pt the 20 22 California Green Building Standards Code; and

WHEREAS, the City Council wishes to amend portions of the California Green Building Standards Code to better address local conditions and makes express findings that such amendments are reasonably necessary because of local climatic, geological or topographical conditions as set forth in this Ordinance.

NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:

SECTION 1. RECORD AND BASIS FOR ACTION

The City Council has duly considered the full record before it, which may include but is not limited to the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT

The City Council hereby finds and determines that this Ordinance has been assessed in accordance with the California Environmental Quality Act (Cal. Pub. Res. Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) and is categorically exempt from CEQA under CEQA Guidelines, § 15061(b)(3), which exempts from CEQA any project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Adoption of the proposed Ordinance would not be an activity with potential to cause significant effect on the environment because the changes made to the California Green Building Standards Code are enacted to provide more protection to the environment, and therefore is exempt from CEQA. Therefore, it can be seen with certainty that there is no possibility that the Ordinance in question may have a significant effect on the environment; accordingly, the Ordinance is categorically exempt from CEQA.

SECTION 3. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE II, CHAPTER 19

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Chapter 19 of Title II of the Milpitas Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:

Chapter 19 GREEN BUILDING STANDARDS CODE

Sections:

Section 1 – Adoption of the Green Building Standards Code Section 2 – Amendments to the Green Building Standards Code

Section 1 Adoption of the Green Building Standards Code

II-19-1.01
The 2022 Edition of the California Green Building Standards Code , published and copyrighted by the International Code Council, Inc. and the California Building Standards Commission in Part 11 of Title 24 of the California Code of Regulations, also known as the CALGreen Code is hereby adopted and referred to, and by thi s reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The adoption includes Appendi ces A4, A5, and A6.1. The 20 22 California Green Building Standards Code shall be designated and referred to as the “ Green Building Standards Code ” for the City of Milpitas. There is one copy of said Code on file in the office of the Building Official for use and examination by the public.

Section 2 Amendments to the Green Building Standards Code

II-19-2.01
Amend Section 202 of the Green Building Standards Code by adding the following definitions to read as follows:

Addition. An extension or increase in floor area of an existing building or structure.

Affordable Housing. Residential buildings that consist entirely of below market rate units and whose rents or sales prices are governed by local agencies to be affordable based on area median income.

All-Electric Building. A building that contains no combustion equipment or plumbing for combustion equipment serving space heating (including fireplaces), water heating (including pools and spas), cooking appliances and clothes drying, within the building or building property lines, and instead uses electric heating appliances for service.

Alteration orAlter. Any construction or renovation to an existing structure other than repair for the purpose of maintenance or addition.

Automatic Load Management System (ALMS). A control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, panels and to share electrical capacity and/or automatically manage power at each connection point. ALMS systems shall be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.

Combustion Equipment. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.

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Commercial Food Heat-Processing Equipment. Equipment used in a food establishment for heat- processing food or utensils and that produces grease vapors, steam, fumes, smoke, or odors that are required to be removed through a local exhaust ventilation system, as defined in the California Mechanical Code.

Direct Current Fast Charging (DCFC). A vehicle space provided with electrical infrastructure that meets the following conditions:
i. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring. ii. Electric vehicle supply equipment (EVSE) located within three (3) feet of the vehicle space providing a minimum capacity of 80-ampere.

Electric Heating Appliance. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.

Electric Vehicle Charging Station (EVCS). An EV Ready vehicle space that includes the installation of electric vehicle supply equipment (EVSE). An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.

Electric Vehicle Supply Equipment (EVSE). The electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

Fuel Gas. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these.

Level 2 EV Capable. A vehicle space provided with electrical infrastructure that meets the following requirements:
i Conduit that connects a listed electrical panel of sufficient capacity to a junction box with or without a receptacle located within three (3) feet of the vehicle space. ii The conduit shall accommodate at least 8.3 kVa (208/240 volt, 40-ampere) per vehicle space.

Conduit shall have a minimum nominal trade size of 1 inch inside diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Conduit shall be installed in spaces that will be inaccessible after construction, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits, and such additional elements deemed necessary by the Building Official. Construction documents shall note future installation of conduit from the panel to the vehicle space, via the installed inaccessible conduit.
iii The electrical panel shall reserve a space for a 40-ampere overcurrent protective device(s) for EV charging, labeled in the panel directory as “EV CAPABLE.” iv The EV vehicle space shall have signage with at least a 12” font adjacent to the parking space indicating the space is EV Capable.

Level 1 EV Ready. A vehicle space that is served by a complete electric circuit with the following requirements:
i A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring. ii A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the vehicle space. If EVSE is provided, the minimum capacity of the EVSE shall be 16-ampere.
iii Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each vehicle space.
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Level 2 EV Ready. A vehicle space that is served by a complete electric circuit with the following requirements:
i A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring. ii A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the vehicle space. If EVSE is provided, the minimum capacity of the EVSE shall be 30-ampere.

Low Power Level 2 EV Ready. A vehicle space that is served by a complete electric circuit with the following requirements:
i A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring. ii A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the vehicle space. If EVSE is provided, the minimum capacity of the EVSE shall be 16-ampere.
iii Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) circuit at each vehicle space.

II-19-2.02
Amend Section 301.1.1 of the Green Building Standards Code to read as follows:

301.1.1 Additions and alterations. [HCD] The mandatory provisions of Chapter 4 shall be applied to additions or alterations of existing residential buildings where the addition or alteration increases the building’s conditioned area, volume, or size. The requirements shall apply only to and/or within the specific area of the addition or alteration. (No change to existing California amendment.) The mandatory provisions of Section 4.106.4.2 shall apply to additions or alterations of existing parking facilities or the addition of new parking facilities serving existing multifamily buildings.

The mandatory provisions of Section 5.106.5.3 shall apply to additions or alterations of existing parking facilities or the addition of new parking facilities serving existing nonresidential buildings.

NOTE: Repairs including, but not limited to, resurfacing, restriping, and repairing or maintaining existing lighting fixtures are not considered alterations for the purpose of this section.

II-19-2.03
Amend Section 4.106.4 through Section 4.106.4. 3 of the Green Building Standards Code to read as follows:

4.106.4 Electric vehicle (EV) charging. New construction shall comply with Section 4.106.4.1 or

4.106.4.2,and 4.106.4.3, to facilitate future installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625.

Calculations for EV spaces shall be rounded up to the next whole number.

Exceptions:

1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:

1.1. Where there is no local utility power supply, or the local utility is unable to supply adequate power.

2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without 363
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additional parking facilities.

3. Multifamily residential R-2 building projects that have City Council approved entitlements before the code effective date.

4.106.4.1 One-and two-family dwellings and town-houses with attached private garages.

4.106.4.1.1 New Construction. If one vehicle space is provided, it shall be a Level 2 EV Ready space. If a second vehicle space is provided, it shall be provided with a Level 1 EV Ready space.

4.106.4.1.1 Identification.

Deleted.

4.106.4.1.2. Existing Building. Parking additions shall provide electrical capacity and EV infrastructure in accordance with the requirements of 4.106.4.1.1.

4.106.4.2 Multifamily dwellings with residential parking facilities.

4.106.4.2.1 New Construction. Twenty-five percent (25%) of vehicle spaces for dwelling units shall be EVCS with Level 2 EV Ready infrastructure. ALMS shall be permitted to reduce load when multiple vehicles are charging. Seventy-five percent (75%) of vehicle spaces for dwelling units shall be provided with a Low Power Level 2 EV Ready space. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A.

EVCS shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B.

4.106.4.2.2 New Construction. Affordable Housing. Five percent (5%) of vehicle spaces for dwelling units shall have access to EVCS with Level 2 EV Ready infrastructure. ALMS shall be permitted to reduce load when multiple vehicles are charging. Fifteen percent (15%) of vehicle spaces shall have access to Low Power Level 2 Ready infrastructure. Eighty percent (80%) of vehicle spaces for dwelling units shall have access to Level 1 EV Ready infrastructure. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A.

EVCS shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B.

4.106.4.2.3 Existing Buildings.

1. When new vehicle spaces are added and the work requires a building permit, ten percent (10%) of the total number of vehicle spaces added shall be EVCS Level 2 Ready. Any existing EV Capable spaces on the building property required by the locally adopted codes at the time of building permit shall be upgraded to a minimum of Level 1 EV Ready. Upgraded vehicle spaces shall meet the accessibility requirements of California Building Code Chapters 11A and 11B.

2. When new vehicle spaces are added and ALMS is installed, the ALMS must be designed to deliver no less than 2.2 kVa (110/120 volt, 20-ampere).

4.106.4.2.4 Electric Vehicle Ready Space Signage.

Electric Vehicle ready spaces shall be identified by signage or pavement markings, in compliance with Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

4.106.4.3 Electric Vehicle Charging Stations (EVCS). Electric vehicle charging stations required by Section 4.106.4.2 shall comply also with Section 4.106.4.3. 364
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Exception: Electric vehicle charging stations serving public accommodations, public housing, motels, and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.

4.106.4.3.1 Location. EVCS shall comply with at least one of the following options:

1.The charging space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.

2.The charging space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.

Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section

4.106.4.3.1 and Section 4.106.4.3.2.

4.106.4.3.2 Dimensions. The charging spaces shall be designed to comply with the following:

1.The minimum length of each EV space shall be 18 feet (5486 mm).

2. The minimum width of each EV space shall be 9 feet (2743 mm).

3. One in every 25 charging spaces, but not less than one, shall also have an 8- foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3658 mm). a. Slope for the EV space and the access aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction.

Exception: Where the City’s Municipal or Zoning Code permits parking space dimensions that are less than the minimum requirements stated in this section 4.106.4.3.2, and the compliance with would be infeasible due to particular circumstances of a project, an exception may be granted while remaining in compliance with California Building Code Section Table 11B-228.3.2.1 and 11B-812, as applicable.

4.106.4.2.2.1.3 Accessible EV Spaces.

Deleted.

4.106.4.2.3 EV space requirements.

Deleted.

4.106.4.2.4 Identification.

Deleted.

4.106.4.2.5 Electric Vehicle Ready Space Signage.

Deleted.

4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings.

Deleted.

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4.106.4.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 4.106.4.1 and 4.106.4.2. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.

II-19-2.04
Amend Section 4.106 Site Development to add the following sections for all -electric buildings and qualifying alteration projects:

4.106.5 All-electric buildings. New construction buildings and qualifying alteration projects shall comply with Section 4.106.5.1 or 4.106.5.2 so that they do not use combustion equipment or are ready to accommodate installation of electric heating appliances.

4.106.5.1. New construction and qualifying alteration projects. All newly constructed buildings shall be all-electric buildings. Alterations that include replacement or addition of over 50 percent of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or where over 50 percent of the existing framing above the sill plate is removed or replaced for purposes other than repair, shall be all-electric buildings. If either of these criteria are met within a three -year period, measured from the date of the most recent previously obtained permit final date, the project shall be subject to the all-electric building’s requirements.

Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the City of Milpitas.

II-19-2.05
Amend Section 5.106.5.3 through Section 5.106.5.3.3 of the Green Building Standards Code to read as follows:

5.106.5.3 Electric Vehicle (EV) Charging. New construction shall comply with Section 5.106.5.3.1 or Section 5.106.5.3.2 to facilitate future installation and use of EV chargers.

Exception: Where there is no local utility power supply, or the local utility is unable to supply adequate power.

Note:

Load balancing systems may be installed to increase the number of EV chargers or the amperage or voltage beyond the minimum requirements in this code. The option does not allow for installing less electrical panel capacity than would be required without load balancing.

5.106.5.3.1 Office Buildings. In nonresidential new construction buildings designated primarily for office use, when 10 or more parking spaces are constructed:

1. 5% of the available parking spaces on site shall be equipped with Level 2 EVCS;

2. An additional 10% shall be provided with at least Level 1 EV Ready circuits; and

3. An additional 20% shall be at least EV Capable or EV Ready.

Calculations for the required minimum number of spaces equipped with Level 2 EVCS, Level 2 EV Ready spaces and EV Capable spaces shall all be rounded up to the nearest whole number . Construction plans and specifications shall demo nstrate that all raceways shall be a minimum of 1” and sufficient for installation of EVCS at all required Level 1 EV Ready and EV Capable spaces; Electrical calculations shall substantiate the design of the electrical system to include the rating of equip ment and any on -site 366
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distribution transformers, and have sufficient capacity to simultaneously charge EVs at all required EV spaces including Level 1 EV Ready and EV Capable spaces; and service panel or subpanel(s) shall have sufficient capacity to accommo date the required number of dedicated branch circuit(s) for the future installation of the EVSE.

5.106.5.3.2 Other Nonresidential Buildings . In nonresidential n ew construction buildings that are not designated primarily for office use, such as retail or institutional uses, when 10 or more parking spaces are constructed:

1. 4% of the available parking spaces on site shall be equipped with Level 2 EVCS;

2. An additional 3% shall be at least Level 1 EV Capable.

3. Over 100 spaces: option for one 80kW Fast Charger per 100 spaces.

Exception: Installation of each Direct Current Fast Charger with the capacity to provide at least 80 kW output may substitute for 6 Level 2 EVCS and 5 EV Ready spaces after a minimum of 6 Level 2 EVCS and 5 Level 1 EV Capable spaces are installed.

Note: Calculations for the required minimum number of spaces equipped with Level 2 EVCS and Level 1 EV Capable spaces shall be rounded up to the nearest whole number.

5.106.5.3.3 Design Requirements. For all projects subject to Title 24, Part 2, Chapter 11B, construction documents shall indicate how many accessible EVCS would be required under the California Code of Regulations Title 24, Chapter 11B, if applicable, in order to convert Level 1 EV Ready infrastructure to EVCS. Construction documents shall also demonstrate that the facility is designed such that compliance with accessibility standards, including Chapter 11B accessible routes, will be feasible for the required accessible EVCS at the time of EVCS installation. Sur face slope for any area designated for accessible EVCS shall meet slope requirements in Chapter 11B and vertical clearance requirements in Chapter 11B at the time of original building construction.

II-19-2.06
Amend Section 5.106.5.3.5 of the Green Building Standards Code to read as follows:

5.106.5.3.5 Clean Air Vehicle Parking Designation. EVCS qualify as designated parking as described in Section 5.106.5.2 Designated parking for clean air vehicles.

Notes:

1. The California Department of Transportation adopts and publishes the California Manual on Uniform Traffic Control Devices (California MUTCD) to provide uniform standards and specifications for all official traffic control devices in California. Zero Emission Vehicle Signs and Pavement Markings can be found in the New Policies & Directives number 13 -01. www.dot.ca.gov/hq/traffops/policy/13-

01.pdf.

2. See Vehicle Code Section 22511 for EV charging spaces signage in off -street parking facilities and for use of EV charging spaces.

3. The Governor’s Office of Pl anning and Research published a Zero -Emission Vehicle Community Readiness Guidebook which provides helpful information for local governments, residents and businesses. www.opr.ca.gov/ docs/ZEV_Guidebook.pdf.

4. Section 11B-812 of the 2016 California Building Code requires that a facility providing EVCS for public and common use also provide one or more accessible EVCS as specified in Table 11B - 228.3.2.1. Chapter 11B applies to certain facilities including, but not limited to, public accommodations and publicly funded housing (see section 1.9 of Part 2 of the California Building Code). Section 11B-812 requires that “Parking spaces, access aisles and vehicular routes serving them shall provide a vertical clearance of 98 inches (2489 mm) minimum.” It also requires that parking 367
Item # 15.
10 Ordinance No. 65.149
spaces and access aisles meet maximum slope requirements of 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction at the time of new building construction or renovation. Section 11B-812.5 contains accessible route requirements.

II-19-2.07
Amend section 5.106 Site Development to add the following sections for all -electric buildings and qualifying alteration projects.:

5.106.13 All-electric buildings. New construction buildings and qualifying alteration projects shall comply with Section 4.106.5.1 or 4.106.5.2 so that they do not use combustion equipment or are ready to accommodate installation of electric heating appliances.

5.106.13.1 New construction and qualifying alteration projects. All newly constructed buildings shall be all-electric buildings. Alterations that include replacement or addition of over 50 percent of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or where over 50 percent of the existing framing above the sill plate is removed or replaced for purposes other than repair, shall be all-electric buildings. If either of these criteria are met within a three-year period, measured from the date of the most recent previously obtained permit final date, the project shall be subject to the all-electric building’s requirements.

Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the City of Milpitas

SECTION 4. EXPRESS FINDINGS

Pursuant to California Health and Safety Code Sections 17958.7 and 18941.5, the City Council hereby finds that the above amendments are necessary due to local climatic, geological or topographical conditions as set forth in Exhibit A

SECTION 5. REPEAL OF CONFLICTING ORDINANCES

Upon adoption of each new California Building Standards Code, the Ordinance adopting the previously adopted California Building Standards Code is superseded in its entirety. This Ordinance does not repeal Ordinance No. 65.147, which adopts by reference and amends parts of the 2022 California Building Standards Code, Ordinance No. 65.148, which adopts by reference the 2022 California Energy Code, nor Ordinance No. 113.25, which adopts by reference and amends the 2022 California Fire Code.

SECTION 6. SEVERABILITY

The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.

SECTION 7. EFFECTIVE DATE AND POSTING

In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) days from and after the date of its final adoption by the City Council, but no sooner than January 1, 2023. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.

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Item # 15.
11 Ordinance No. 65.149

EXHIBIT A

FINDINGS IN SUPPORT OF AMENDMENTS
TO TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS:

LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS

Amendments to the Green Building Standards Code:

II-19-2.01 Section 202
Definitions

II-19-2.02 Section 301.1.1
Mandatory provisions of Chapter 4 shall be applied to additions and remodels

II-19-2.03 Section 4.106.4 through 4.106.4.3 through 5.106.5.3.3 EV charging for single family, duplex, townhouse, and multi-family

II-19-2.04 Add Section 4.106.5 and 4.106.5.1 to Site Development for all-electric new residential construction

II-19-2.05 Add Section 5.106.5.3 through 5.106.5.3.3
EV charging for new office and other non-residential buildings

II-19-2.06 Add Section 5.106.5.3.5
Clean air vehicle parking designation - EVCS qualify as designated parking

II-19-2.07 Add Section 5.106.13 and Section 5.106.13.1 to Site Development for all-electric new nonresidential construction

The following findings support that the above amendments and modifications are reasonably necessary because of local climatic, geological or topographical conditions:

Express Findings – Climatic

The effects of climate change caused by Green House Gas (GHG) emissions are increasingly self -evident, and very costly. Higher temperatures are contributing to record he at waves and droughts, rising sea levels, more intense storms, wildfires and floods.

Climate change is the fundamental design problem of our time. The threat that climate change pos es is existential, and buildings together with transportation are large c ontributors.

Amending all of the above referenced code sections is necessary to combat the ever -increasing harmful effects of climate change. Implementation of the proposed reach code amendments will provide an accelerated path to reduce Green House Gas (GHG) emissions and carbonization in an effort to stem the effects of global warming and climate change.

369
Item # 15.

333 W El Camino Real, Ste. 330 | Sunnyvale, CA 94087 | SVCleanEnergy.org | 1-844-474-SVCE

Liz Gibbons, Chair
City of Campbell
George Tyson, Vice Chair
Town of Los Altos Hills
Jon Willey
City of Cupertino
Zach Hilton
City of Gilroy
Neysa Fligor
City of Los Altos
Rob Rennie
Town of Los Gatos
Evelyn Chua
City of Milpitas
Javed Ellahie
City of Monte Sereno
Yvonne Martínez Beltrán
City of Morgan Hill
Margaret Abe-Koga
City of Mountain View
Tina Walia
City of Saratoga
Larry Klein
City of Sunnyvale
Otto Lee
County of Santa Clara

March 18, 2022

Steven McHarris
City Manager
455 East Calaveras Blvd.

Milpitas, CA 95035

Re: SVCE Letter of Interest (LOI) for $10,000 Reach Code Grant

Dear Mr. McHarris,
SVCE partnered with our member jurisdictions in 2019 to facilitate the adoption of amendments to the Building Code that encouraged all- electric buildings and/or expanded electric vehicle (EV) infrastructure during the new construction process. Milpitas adopted a reach code promoting building electrification and EV charging. For the 2022 code cycle, Milpitas has the opportunity to readopt the reach code, to extend its scope to all-electric requirements, to increase EV charging requirements, or to adopt a municipal ordinance.

SVCE has hired a consultant to provide technical support, draft model language, and facilitate stakeholder engagement. In recognition of the required staff resources, SVCE will also provide a $10,000 grant to jurisdictions that bring code(s) to a vote. SVCE staff will work with your staff to determine your preferred approach.

Our organization requests the signature and return of this letter indicating your likely interest in receiving $10,000 from SVCE to help defray costs associated with developing or readopting code amendments (“reach code”) that support building electrification and EV charging. The $10,000 grant will be provided to jurisdictions completing the following three steps:

• Return this signed Letter of Interest (LOI) to SVCE by April 30, 2022
• City staff to present valid amendments to the 2022 California Building Standards Code (Title 24) or to the municipal code that exceed statewide minimum requirements for building
electrification and/or EV infrastructure for a vote of their respective city council (typically August–October)
• City staff complete the Payment Request document (to be released shortly) and return to SVCE by November 30, 2022 – regardless of Council vote.

370
Item # 15.

333 W El Camino Real, Ste. 330 | Sunnyvale, CA 94087 | SVCleanEnergy.org | 1-844-474-SVCE

Liz Gibbons, Chair
City of Campbell
George Tyson, Vice Chair
Town of Los Altos Hills
Jon Willey
City of Cupertino
Zach Hilton
City of Gilroy
Neysa Fligor
City of Los Altos
Rob Rennie
Town of Los Gatos
Evelyn Chua
City of Milpitas
Javed Ellahie
City of Monte Sereno
Yvonne Martínez Beltrán
City of Morgan Hill
Margaret Abe-Koga
City of Mountain View
Tina Walia
City of Saratoga
Larry Klein
City of Sunnyvale
Otto Lee
County of Santa Clara

We understand this letter is nonbinding and constitutes an indication of interest only.

Signed: Printed Name: Date:

___________________ __________________ __________

Job Title: Email Address:

___________________ __________________

Please complete and sign a copy of this letter and send an electronic copy via email to [email protected]. If you prefer to mail a hard copy, the address is: 333 W. El Camino Real, Suite 330, Sunnyvale, CA 94087.

Upon receipt, an email confirmation will be sent to the email address entered above. Please contact Zoe at (408) 721-5301 ext 1022 if you desire any additional information. In addition, I will be presenting information about this opportunity at the Santa Clara County/Cities Managers’ Association meeting in April.

Sincerely,

Girish Balachandran
CEO, Silicon Valley Clean Energy

Bill Tott
April 13, 2022
Building Official
[email protected]
371
Item # 15.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve the Youth Scholarship Program City Council Policy (Staff Contact:

Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409) Category: Community Services and Sustainable Infrastructure Meeting Date: 10/18/2022
Recommendation: Approve the Youth Scholarship Program City Council Policy

BACKGROUND:

At the June 7, 2022 City Council meeting, City Council appropriated $20,000 for a new Youth Sports Scholarship Program, which would allow low income families in Milpitas to afford participating in organized sports, as part of approval of the FY 2022-23 Adopted Budget. Further, at Vice Mayor Carmen Montano's request, staff was directed to bring back for Council consideration a framework the scholarship program.

On September 6, 2022, staff presented a proposed Youth Sports Scholarship Program City Council Policy (Policy) to City Council for feedback and further direction. At this meeting, City Council requested that the Youth Sports Scholarship Program be expanded to a general Youth Scholarship program that provides funding assistance for 1) academic improvement, 2) community service, 3) participation in the Naval Junior Reserve Officer Training Corps (NJROTC), and 4) participation in youth sports. Further, Mayor Tran proposed to reallocate the entire FY 2022-23 travel and training budget assigned to the position of Mayor in the amount of $5,000 to the Youth Scholarship Program.

ANALYSIS:

The attached Policy as detailed below incorporates feedback from the City Council.

The Purpose of the Youth Scholarship Program Policy (Policy) is as follows:

“The purpose of the Youth Scholarship Program is to allow low-income Milpitas resident youth to submit a request for scholarships for academic improvement, community service, participation in the Naval Junior Reserve Officer Training Corps (NJROTC) and participation in youth sports.” The Policy also establishes a standardized process to award scholarships to qualifying youth for activity enrollment fees and uniforms and/or equipment higher education tuition and education materials (i.e., books, laptops).

The Policy statements, as outlined below, provide guidance to staff on scholarship applicant eligibility. For all scholarships, in addition to a timely and complete application, the applicant must demonstrate the following general scholarship eligibility criteria:

1. Applicant must reside in Milpitas and be enrolled in a Milpitas school

2. Applicant household income must qualify for the City of Milpitas, Milpitas Assistance Program (MAP)

3. Applicant can request funds to assist with participation in an amateur athlete group, community service, higher education, or NJROTC.

In addition to the general scholarship eligibility criteria, applicants must demonstrate the following to qualify for the four types of scholarships:

Academic Improvement Scholarship Eligibility Criteria:

1. Applicant must be a graduating senior with acceptance to a higher education institution. 372
Item # 16.

2. Applicant must have had a semester with a GPA not lower than 2.5 and not higher than 2.8 and have improved their GPA by at least 0.5 grade points over a period of no more than three (3) semesters up to and including the last completed semester at the time of scholarship application.

3. Applicant can request funds to assist with Higher Education Tuition and/or Education Materials (i.e. books, laptops)

Community Service Scholarship Eligibility Criteria:

1. Applicant must be a graduating senior with acceptance to a higher education school, with a GPA of at least 2.5.

2. Applicant must be able to demonstrate community service hours above and beyond the Milpitas Unified School District 20-hour requirement.

3. Community Service hours must be from projects and/or service events during the Applicant’s junior and senior year, within Milpitas proper, and with a non-profit organization, special School service programs/activities (advisor approved), or governmental agency.

4. Applicant can request funds to assist with Higher Education Tuition and/or Education Materials (i.e., books, laptops)

NJROTC Scholarship Eligibility Criteria:

1. For graduating seniors, applicant:
a. Applicant must be accepted to a higher education school and have a support letter from their NJROTC advisor confirming their enrollment and active participation in the Milpitas High School NJROTC Program for at least two (2) years, including their senior year. b. Applicant can request funds to assist with Higher Education Tuition and/or Education Materials (i.e., books, laptops)

2. For 8th Grade, Freshman, Sophomore, Junior or Senior, enrolled and in good standing with the Milpitas Unified School District NJROTIC program, applicant:
a. Applicant can request funds to assist with participation in the Milpitas Unified School District NJROTC program; and
b. Applicant funds must be made at least 30 days before the start of an activity related to the funding request.

Youth Sports Scholarship Eligibility Criteria:

1. Applicant must be enrolled or enrolling in a new season with a youth sport organization operating within the City of Milpitas with 51% or greater Milpitas residents.

2. Applicant’s youth sport organization of choice must conduct business in compliance with the non- discrimination requirements of the City, State and Federal government, and must not to participate in any process that discriminates based on sex, race, color, national origin, or religion.

3. Applicant can request funds to assist with participation in an amateur athlete group.

The Policy statements, as outlined below, provide guidance to staff on the scholarship applicant responsibilities. The applicant must agree to and submit the following supplemental information with their application:

1. Three (3) proofs of residency:
a. Valid Driver’s License (parent and/or legal guardian) b. Proof of enrollment in a Milpitas School for the current school year c. Statement showing Parent or legal guardian’s name and Milpitas address. Acceptable forms of mail include Bank, Credit Card, Insurance (sensitive information should be redacted)

2. One (1) of the following type documents to qualify for MAP:
a. Proof of enrollment in PG&E Cares Program
b. Proof of enrollment in Free or Reduced Lunch Program at MUSD c. Household Income Tax Information

3. Provide proof of all fees related to the Scholarship Request.

4. Provide proof of enrollment and/or equipment purchase receipts related to the expenditure of scholarship funds upon completion of season or activity.

5. Complete all required tax forms related to scholarship award distribution.

6. Return any unused or misused funds back to the City of Milpitas. 373 Item # 16.

Per the Policy, Youth Scholarships will fund costs associated with:

1. Regular League Season Enrollment Fees

2. Competitive League Enrollment Fees

3. Special Tournament or Event Enrollment Fees (beyond the normal league play)

4. Required Uniforms and/or Equipment Purchases and/or repairs, including patches and ribbons

5. Field Trip Costs (except for hotel and meals, unless part of an arranged group/class package)

6. Higher Education Tuition and/or Education Materials (i.e., books, laptops)

Scholarship awards are limited to $500 per applicant in a fiscal year. Youth Scholarship applicants can apply for up to two types of scholarships per fiscal year, for a possible maximum award of $1,000. With these limits the scholarship program can assist at minimum 20 youth annually.

It is proposed that the overall Scholarship Program budget of $20,000 be distributed evenly across the program funding areas and awarded on a first come, first awarded basis, while funds are available:

1. Academic Improvement - $5,000

2. Community Service - $5,000

3. NJROTC - $5,000

4. Youth Sports - $5,000

Next Steps:

Staff will prepare all associated program forms and marketing materials, for an anticipated Scholarship Program start in late November, early December.

POLICY ALTERNATIVE(S):

Alternative 1: Approve a Budget Amendment, as requested by Mayor Tran, to reallocate the entire FY 2022-23 travel and training budget assigned to the position of Mayor in the amount of $5,000 to the Youth Scholarship Program.

Pros: This alternative allows for additional scholarship monies to be made available to Milpitas youth applicants.

Cons: This alternative removes the ability of the incoming Mayor to attend any trainings or cover associated travel costs.

Reason for Not Recommending: At the September 6 City Council meeting, there was no majority City Council consensus to bring back this recommendation for Council consideration. Further, this alternative removes the ability of the incoming Mayor to attend any trainings or cover associated travel costs. Typically, the person elected to the position of Mayor attends the League of California Cities New Mayors and Council Members Academy scheduled for January 2023 in Sacramento and the U.S. Conference of Mayor Annual Meeting scheduled for June 2023 in Columbus, Ohio. Based on past experience, it is estimated that the cost for the incoming Mayor to attend these events may range between $3,400 and $4,600 without considering the recent and anticipated inflationary impacts.

Fiscal Impact:

At the June 7, 2022 City Council meeting, City Council appropriated $20,000 one-time for a new Youth Sports Scholarship Program as part of approval of the FY 2022-23 Adopted Budget. Funding for subsequent fiscal years will require Council action as part of the development and approval of future budgets.

California Environmental Quality Act:

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.

Recommendation(s):

Approve the Youth Scholarship Program City Council Policy. 374
Item # 16.

Attachment:

Youth Scholarship Program City Council Policy
375
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CITY OF MILPITAS
Revision Date
10/18/2022

CITY COUNCIL POLICY

Policy No:

Click or tap here to enter
text.

Youth Scholarship Program Effective Date:
10/18/2022
Revision No:

Click or tap here to enter
text.

Policy Administrator:

Recreation and Community Services
Next Review Due:

Click or tap to enter a
date.

Related Policies and
Procedures:

Click or tap here to enter
text.

Approved by:

City Council
Date Approved:
10/18/2022

1. PURPOSE

1.1. The City of Milpitas believes that helping students achieve their goals is important to the wellbeing of its youth and to the overall enrichment of the community.

1.2. The purpose of the Youth Scholarship Program is to allow low-income Milpitas resident youth to submit a request for funding assistance for academic improvement, community service, participation in the Naval Junior Reserve Officer Training Corps (NJROTC), and participation in youth sports.

1.3. The Policy establishes a standardized process to award scholarships to qualifying youth for activity enrollment fees, uniforms, equipment. higher education tuition, and education materials (i.e., books, laptops).

2. POLICY

2.1. Annually, and subject to availability of funds, the City Council shall establish scholarship program appropriation(s) as part of the regular City Fiscal Year Budget process.

2.2. Youth Scholarships shall not exceed $500 per applicant, per funding area, per fiscal year.

2.3. Youth Scholarship applicants shall not apply for more than two funding areas, per fiscal year, for a possible maximum award of $1,000.

2.4. Youth Scholarships, as applicable to funding area, fund costs associated with:

2.4.1. Regular League Season Enrollment Fees

2.4.2. Competitive League Enrollment Fees

2.4.3. Special Tournament or Event Enrollment Fees (beyond the normal league play)

2.4.4. Required Uniforms and/or Equipment Purchases and/or repairs, including patches and ribbons

2.4.5. Field Trip Costs (except for hotel and meals, unless part of an arranged group/class package)

2.4.6. Higher Education Tuition and/or Education Materials (i.e., books, laptop)

2.5. Applications are evaluated by the Director on a case-by-case and “first come-first served” basis, throughout the fiscal year. i Applicants are encouraged to submit their applications at the beginning of the fiscal year, for events or activities occurring at any time during that fiscal year, to maximize opportunity for availability of funds.
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2.6. The Director shall approve or deny an applicant’s request based upon the eligibility criteria set forth below, and subject to funding availability as approved by the City Council through the adoption of the annual budget.

2.7. In all cases, the City reserves the right to reject any and all applications in the event the Director identifies a potential conflict of interest or the appearance of a conflict of interest. Submission of an application in no way obligates the City to award a grant and the City reserves the right to reject any or all applications, wholly or in part, at any time, without penalty.

3. DEFINITIONS

3.1. A Milpitas resident youth is defined as a person aged 18 years and younger, currently enrolled in grades pre-k through 12th grade, that live in Milpitas at the time of a complete application for a scholarship has been submitted to the Director.

3.2. An amateur athlete group is defined as a group which does not receive financial compensation or prize money for their participation in any athletic event.

3.3. Higher education is defined as a community college, state college, universit y, or vocational school.

3.4. Director is defined as the Director of Recreation and Community Services or their designee.

3.5. A Funding Area is defined as 1) Academic Improvement, 2) Community Service, 3) Naval Junior Reserve Officer Training Corps (NJROTC), or 4) Youth Sports Participation.

4. PROCEDURE

4.1. General Scholarship Eligibility Criteria: In addition to a timely and complete application, the applicant must demonstrate the following:

4.1.1. Applicant must reside in Milpitas and be enrolled in a Milpitas school

4.1.2. Applicant household income must qualify for the City of Milpitas, Milpitas Assistance Program (MAP)

4.1.3. Applicant must meet eligibility requirements for each funding area(s) they submit application for as described below.

4.2. Academic Improvement Scholarship Eligibility Criteria:

4.2.1. Applicant must be a graduating senior with acceptance to a higher education institution.

4.2.2. Applicant must have had a semester with a GPA not lower than 2.5 and not higher than 2.8 and have improved their GPA by at least 0.5 grade points over a period of no more than three (3) semesters up to and including the last completed semester at the time of scholarship application.

4.2.3. Applicant can request funds to assist with Higher Education Tuition and/or Education Materials (i.e. books, laptops)

4.3. Community Service Scholarship Eligibility Criteria:

4.3.1. Applicant must be a graduating senior with acceptance to a higher education school, with a GPA of at least 2.5.

4.3.2. Applicant must be able to demonstrate community servic e hours above and beyond the Milpitas Unified School District 20-hour requirement.

4.3.3. Community Service hours must be from projects and/or service events during the Applicant’s junior and senior year, within Milpitas proper, and with a non-profit organization, special School service programs/activities (advisor approved), or governmental agency.

4.3.4. Applicant can request funds to assist with Higher Education Tuition and/or Education Materials (i.e., books, laptops)

4.4. NJROTC Scholarship Eligibility Criteria:

4.4.1. For graduating seniors, applicant:
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Item # 16.

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4.4.1.1 Applicant must be accepted to a higher education school and have a support letter from their NJROTC advisor confirming their enrollment and active participation in the Milpitas High School NJROTC Program for at least two (2) years, including their senior year.

4.4.1.2 Applicant can request funds to assist with Higher Education Tuition and/or Education Materials (i.e., books, laptops)

4.4.2. For 8th Grade, Freshman, Sophomore, Junior or Senior, enrolled and in good standing with the Milpitas Unified School District NJROTIC program, applicant:

4.4.2.1 Applicant can request funds to assist with participation in the Milpitas Unified School District NJROTC program; and

4.4.2.2 Applicant funds must be made at least 30 days before the start of an activity related to the funding request.

4.5. Youth Sports Scholarship Eligibility Criteria:

4.5.1. Applicant must be enrolled or enrolling in a new season with a youth sport organization operating within the City of Milpitas with 51% or greater Milpitas residents.

4.5.2. Applicant’s youth sport organization of choice must conduct business in compliance with the non-discrimination requirements of the City, State and Federal government, and must not to participate in any process that discriminates based on sex, race, color, national origin, or religion.

4.5.3. Applicant can request funds to assist with participation in an amateur athlete group.

4.6. Applicant Responsibilities for all Scholarships: The applicant must agree to and submit the following supplemental information with their application:

4.6.1. Three (3) proofs of residency:
• Valid Driver’s License (parent and/or legal guardian) • Proof of enrollment in a Milpitas School for the current school year • Statement showing Parent or legal guardian’s name and Milpitas address.

Acceptable forms of mail include Bank, Credit Card, Insurance (sensitive information should be redacted)

4.6.2. One (1) of the following type documents to qualify for MAP:
• Proof of enrollment in PG&E Cares Program
• Proof of enrollment in Free or Reduced Lunch Program at MUSD • Household Income Tax Information

4.6.3. Provide proof of all fees, as applicable, related to the Scholarship Request.

4.6.4. Provide proof of enrollment and/or equipment purchase receipts related to the expenditure of scholarship funds, as applicable, upon completion of season or activity.

4.6.5. Complete all required tax forms related to scholarship award distribution.

4.6.6. Return any unused or misused funds back to the City of Milpitas.

4.7. Application Process

4.7.1. Applicants submit timely and complete scholarship applications with all supplemental information to the Director via an online Scholarship Application.

4.7.2. Only complete scholarship applications with required supplemental information are reviewed.

Since applications are evaluated by the Director on a case-by-case and “first come-first served” basis, only complete applications are considered for funding, as available, in the order they are received. Incomplete applications are denied and must be resubmitted.

Resubmitted incomplete applications are put in the queue when deemed complete.

4.7.3. Applicants must submit an individual application for each youth in an applying household, per funding area.

4.7.4. Director reviews application(s) for compliance with eligibility criteria and availability of funds.

4.7.5. Director may seek additional information from applicant as necessary.

4.7.6. If an application is approved then the approved application is marked accordingly and shall be 378
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transmitted to the applicant with additional instructions, if any.

4.7.7. If an application is not approved by the Director, the applicant is notified in writing.

4.7.8. If the applicant has received a scholarship for activity enrollment fees, fees are paid directly to the organization from the City wherever possible.

4.7.9. If the applicant has received a scholarship for uniforms and/or equipment, the scholarship program staff:

4.7.9.1 Reimburse the applicant upon applicant purchase and provision of receipts; or

4.7.9.2 Pay fees directly to the organization selling uniforms and/or equipment; or

4.7.9.3 Purchase directly for the applicant via distributor vouchers or provided online store link(s).

4.7.9.4 Staff shall report any distributions in accordance with applicable tax law.
379
Item # 16.