CityCouncil_RegularSession_Attachments_11_01_2022 — Milpitas City Council, November 1, 2022 (part 2 of 2)

2. Publicly Accessible Open Space shall have a minimum length and width of 40 feet.

3. Publicly Accessible Open Spaces shall be located adjacent to a public right-of-way, or visible from a public right-of-way and connected to a public sidewalk with a public access easement with a pedestrian pathway that is less than 100 feet in length.

4. A public access easement shall be provided for the entire Publicly Accessible Open Space.

5. Required building setback areas shall not be counted as Publicly Accessible Open Space.

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2.4 Services and Utilities (Large Sites/Master Planned Only)

2.4.1 Mail Delivery

1. The following standards shall be met for all projects but may be superseded by USPS requirements. a. All Large Sites/Master Planned Projects shall meet with U.S. Postmaster for project review prior to submittal of plans to the City for review.
b. Mailbox(es) within a single multifamily or mixed-use building shall be located within shared lobbies. If a shared lobby is not provided, mailboxes shall be located adjacent to a primary pedestrian pathway.
i. Mailbox(es) shall not be located such that access is situated from a public street or public sidewalk adjoining a public street.

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3 Site Design
Purpose
• To set standards for building orientation, site access, landscaping, and utilities. • To enhance public safety through strategic environmental design • To define special conditions and set unique standards for these locations. • To define location and uses for active frontages.

Intent
• To ensure quality design and site layouts that increase pedestrian comfort and safety, increase pedestrian and occupant activity, encourage visual connections between inside and outside spaces, and add to the interest and character of the place.

3.1 Sidewalk Design
Intent
• Support a complete streets approach to designing new streets and retrofitting existing streets by encouraging streets to provide stimulating settings; improve safe walkability, bicycling, and transit integration; strengthen connectivity; and enhance community identity through improvements to the public right-of-way such as sidewalks, street trees, parkways, curbs, human-scaled street lighting, and street furniture. (CD 6-1)
• Design sidewalks to create a safe, comfortable pedestrian experience by making sidewalks sufficiently wide to support circulation and outdoor activities related to adjacent land uses, planting a continuous trees canopy, and placing sidewalk furniture on regular, frequent intervals that do not impede travel or accessibility. (CD 10-4)

3.1.1 Effective Sidewalk Widths

1. For projects fronting a public street right-of-way, sidewalks shall meet the following standards:
a. Residential projects. A minimum effective sidewalk width of 12 feet with a minimum 6-foot- wide pedestrian clear zone and 5-foot-wide landscape/furniture zone. b. Mixed-use projects with ground floor commercial. A minimum effective sidewalk width of 15 feet with a minimum 9-foot-wide clear pedestrian zone and 5-foot-wide landscape/furniture zone.
c. Public Service Utilities Easement (PSUE). Where a PSUE exists on a property, developer shall work with City to determine how the PSUE will relate to Objective Design Standards. Generally, PSUE will take precedence over ODS.

2. If the existing public sidewalk does not meet this minimum standard, a public access easement in the setback area shall be granted to extend the sidewalk width to the required minimum dimensions. 313
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3. Building setbacks shall be measured from back-of-walk or new back-of-walk (after dedication/easement).

3.2 Building Orientation
Intent
• Promote consistent development patterns along streets, particularly by how buildings relate to the street, to promote a sense of visual order, and provide attractive streetscapes. (CD 6-5) • Configure buildings to provide “outdoor rooms,” including, but not limited to courtyards, paseos, and promenades. (CD 9-5)
• Locate building access points along sidewalks, pedestrian areas, and bicycle routes, and include amenities that encourage pedestrian activity. (CD 3-10 B)

3.2.1 Building Frontages

1. Primary building frontages for all residential buildings or mixed-use buildings shall face a public sidewalk or publicly accessible pathway.

3.2.2 Pedestrian Connections

1. Primary entries to buildings or units shall be connected to a public sidewalk or publicly accessible pathway with a pedestrian pathway with the following minimum width dimensions:
a. Single-family home/single residential unit: 3.5 feet b. Entrances serving 2 units: 4 feet
c. Entrance serving 3 to 8 units: 5 feet
d. Entrance serving 8 to 20 units: 6 feet
e. Entrance serving more than 20 units: 8 feet

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3.2.3 Building Setback/Build-to-Zone

1. Buildings shall occupy a minimum percentage of the Build-to-Zone. The Build-to-Zone is defined as the area between the minimum and maximum building setbacks from the front property line excluding areas for Mid-block Connections, Primary Connections, Secondary Connections, or Publicly Accessible Open Space.

Building Type (see Section 1.3.a) Minimum percentage of the building frontage within the build-to-zone
Small (S) 50%
Medium (M) 60%
Large (L), Extra Large (XL) 60%
Mixed-Use with ground floor commercial
storefront frontages 70%

3.3 Building Setback Character

3.3.1 Landscaping

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c. Ground floor residential uses shall have a minimum of 40% of the setback as landscaped area or planters. Front setbacks that are 15 feet or greater shall include at minimum one tree per 40 linear feet of street frontage between the back of walk and building façade. Spacing of trees may vary.

3.3.2 Encroachments

1. The following elements are allowed within required front setback areas and required primary frontage setbacks. See Section XI-10-55.05 (Projections Allowed Into Required Yards/Setbacks) of the Milpitas Municipal Code for additional regulations.
a. Building elements including bay windows, turrets, or other architectural features intrinsic to the building structure. The bottom of the architectural feature shall be a minimum 8 feet above grade. No more than 50% of the façade area may have these elements project into the minimum setback area.
b. Weather protection structures such as canopies, sunshades, or other similar features. The bottom of the architectural feature shall be no lower than eight feet above grade. c. Terraces, porches, or balconies.
d. Stoops and/or stairs to building entrances.
e. Handrails.
f. Fences that are no taller than 42 inches and at least 40% transparent, except where municipal code requires a higher transparency.
g. Landscape planters and low walls not exceeding 30 inches in height from sidewalk grade. h. Bicycle parking.
i. Permanent seating.
j. Public art.
k. Outdoor dining.

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3.4 Ground Floor Uses
Intent
• To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience.
• Promote consistent development patterns along streets, particularly by how buildings relate to the street, to promote a sense of visual order, and provide attractive streetscapes. (CD 6-5) • Locate building access points along sidewalks, pedestrian areas, and bicycle routes, and include amenities that encourage pedestrian activity (CD 3-10B)

3.4.1 Active Frontages (M) (L) (XL)
Active frontages are building frontages with active uses where there is a visual engagement between those in the street and those on the ground floor. Active uses are uses that generate many visits, in particular pedestrian visits, over an extended period of the day. Active uses may be shops, cafes, other social uses, and shared accessory spaces. Higher density residential and office uses also can be active uses for particular periods of the day by providing additional entries to individual units or ground floor office spaces. Active frontages are specified below in Section 3.3.3.1.

3.4.1.1 Active Frontage Types

1. Active frontage types shall consist of one or more of the following ground-floor uses:
a. Storefront Commercial
b. Ground Floor Office
c. Live/Work
d. Ground Floor Residential Units with individual unit entries e. Ground Floor Residential Accessory Spaces (e.g., indoor community spaces)

3.4.1.2 Active Frontage Requirements

1. Active Frontages are required for a minimum of 80% of each building façade facing a public street or publicly accessible pathway with adjacent Primary Building Frontages.

2. Active Frontages shall comply with the standards in Section 5.1 Ground Floor Design

3. Active Frontages and active use types may be further regulated by zoning, specific plans, development agreements, or other binding legislation.
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3.4.1.3 Minimum Depth of Active Uses

1. Active Frontage uses shall have a minimum interior depth of gross building area by use type (lesser dimensions are allowed but may not be counted as Active Frontage):
a. Storefront Commercial: 20 feet minimum; a minimum of 50% of frontage shall have a minimum depth greater than 40 feet; Corner spaces shall have a minimum depth of 40 feet. b. Ground Floor Office: 30 feet minimum
c. Live/Work: 15 feet minimum interior depth of “work” space for a minimum width of 15 feet or 50% of unit frontage, whichever is greater
d. Ground Floor Residential Units: 16 feet
e. Ground Floor Residential Accessory Spaces: 20 feet
f. Corner space: minimum 40 feet depth on all frontages

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3.4.1.4 Finished Floor Heights of Active Uses

1. Active Frontage uses shall have a finished floor height above grade at back of sidewalk within the following ranges by use type:
a. Primary Building Entries: minimum 0 feet; maximum 3 feet b. Storefront Commercial + Live/Work: At entry: minimum 0 feet; maximum 1 foot c. For buildings with a cross slope, at no point shall the finished floor height be greater than 2 feet above or below grade
d. All other uses see Standard 3.4.1.5 Variable Finished Floor Height Standard

3.4.1.5 Variable Finished Floor Heights

1. To create a positive transition between the public and private realm, ensure privacy of residential units, and maintain “eyes on the street,” the finished floor of ground floor residential units, when adjacent to a public right-of-way, shall be within the minimum and maximum heights according to setback distance from back of walk identified in below. On sites with a cross slope greater than 2% along a building façade, the average height of the finished floor and back of walk shall be used. In flood zones, the minimum floor height shall be defined by the Federal Emergency Management Agency (FEMA) flood zone elevation. Special conditions in Section 3.9 supersede this standard.

3.4.1.6 Floor-to-Floor Heights of Active Uses

1. Active Frontage uses shall have a minimum floor-to-floor by use type as follows:
a. Storefront Commercial: 15 feet
b. Ground Floor Office: 12 feet
c. Live/Work: 12 feet

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3.5 Access and Parking
Intent
• Locate site entries, parking areas, storage bays, and service areas of buildings to minimize conflicts with adjacent properties, especially residential neighborhoods. Also, parking, storage, and service areas should be sited to minimize their appearance from public rights-of-way. (CD 2-4) • To minimize the visual impact of parking, loading and service areas, support pedestrian interest along public rights of way and other pedestrian ways, and minimize conflicts between pedestrians and vehicles along key streets.

3.5.1 Vehicle Access + Parking

3.5.1.1 Vehicular Access Hierarchy

1. Parking and service area access shall be provided from the following, in order of preference:
a. From an alley.
b. In the absence of an existing or proposed alley, access shall be from a driveway shared with a property abutting the development site.
c. In the absence of an alley or shared driveway, access shall be from the side/lesser street abutting the development site.
d. In the absence of a side street, from a curb cut/driveway along the primary street frontage.

3.5.1.2 Driveways and Curb Cuts
These standards shall apply to driveways and associated curb cuts providing vehicular access to parcels improved with mixed-use and/or multi-family residential development projects. Alley frontages are exempt from these standards.

1. Driveways shall be a minimum of 50 feet from any street intersection. For parcels less than 75 feet wide, driveways shall be located along the lot line farthest from the intersection.

2. Each development project site shall be limited to one curb cut, including driveways and private/service streets, per 250 feet of public street frontage, or two curb cuts per street frontage, whichever is less (unless otherwise required for emergency vehicle access). Mid-block connections are excluded from this requirement.

3. Driveways shall be a minimum of 3 feet from a property line or include a shared driveway access with adjoining parcel.

3.5.1.3 Limitation on Parking and Loading Frontage

1. Off-street parking, off-street vehicle loading, and vehicular circulation areas other than direct driveway access perpendicular to the street are prohibited between the building and street.

2. No more than 30% of the primary street frontage shall be devoted to garage openings, carports, surface parking, or service/loading entries). This limitation does not apply to frontages along alleys. 320
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3. Entries to structure parking when combined with loading, and utility/service areas shall not exceed 30 feet in width. Vehicle entries shall not exceed 22 feet in width. Alley frontages exempt.

3.5.1.4 Screening for Structured Parking

1. Above grade structured parking levels facing a public right-of-way or Publicly Accessible Open Space/pedestrian pathway, except for vehicular alleys, shall be lined with commercial or habitable uses with a minimum depth of 20 feet or minimum depth of 16 feet for residential units.

2. All portions of partially subgrade parking visible above grade shall not exceed 5 feet in height, shall be architecturally treated no differently than that primary structure and shall utilize the same level of detail, articulation, and materials as the primary façade, and shall be screened with landscape screening (e.g., shrubs, landscaped trellises) a minimum of 3 feet in height and/or crafted ornamental metal screens.

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3.6 Landscaping
Intent
• Emphasize landscaping as a fundamental design component, retaining mature landscaping when appropriate, to reinforce a sense of the natural environment and to maintain an established appearance. (CD 1-6)
• Require setbacks and other design elements to buffer residential units to the extent possible from the impacts of abutting roadway. (CD 5-8)
• To use landscape design to create character and identity; enhance the appearance and function of outdoor spaces; encourage pedestrian activity; promote social interaction; enhance or integrate new natural systems; add shade to the urban environment; and provide stormwater management. • Landscaping should feasibly further sustainability goals and incorporate solutions that are appropriate to the climate, region, and local conditions.

3.6.1 Bay Friendly Planting and Water Conservation

3.6.1.1 Drought-Tolerant Species

1. A minimum of 75% of non-turf landscaped areas shall be planted with native or drought-tolerant planting (as identified in the Bay Friendly Landscape Plant Lists or East Bay MUD Plants and Landscapes for Summer-Dry Climates guide book) to bring interest and beauty to the landscape, support biodiversity, and reduce the need for pesticides and excessive irrigation.

3.6.1.2 Group Plants by Water Use

1. Plants shall be grouped according to their water needs and irrigated separately from other groupings to promote water efficiency.

3.6.1.3 Irrigation and Water Efficiency

1. Required landscape areas shall be supported by a permanent, automatic irrigation system coordinated to meet the needs of various planting areas. Proper irrigation shall be provided for healthy plant growth and maturation and shall be designed to avoid the watering of structures, public pathways, and pedestrian access areas.
a. Irrigation systems shall be designed to avoid runoff, excessive low head drainage, overspray, or other similar conditions where water flows or drifts onto adjacent property, non-irrigated areas, pathways, roadways, or structures.
b. Low-volume irrigation systems with automatic controllers shall be required. Low-volume irrigation systems include low-volume/high-efficiency sprinkler heads, bubbler, drip irrigation, and soaker hose emitters. Irrigation systems shall be equipped with a meter or submeter and backflow preventer.
c. Automatic controllers shall be set to water between 7:00 p.m. and 10:00 a.m. to reduce evaporation.
d. An irrigation schedule indicating the four seasons of watering cycles is recommended for all irrigated landscape areas and is required for those projects with a total landscape area of 2,500 square feet or more.
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3.6.1.4 Turf and Synthetic Turf

1. Turf areas shall be limited to activity or recreation areas. Synthetic turf may be used as a substitute for natural turf for the purposes of water conservation, or in in high activity or foot-traffic areas such as sports fields.

3.6.2 Non-Plant Materials, Soil, and Mulch

3.6.2.1 Non-Plant Material

1. Crushed rock, mulch, pebbles, stones, and similar non-plant materials shall be allowed up to 50% of the total required landscaping.

3.6.2.2 Soil Depth

1. Planting in above grade courtyards shall have a minimum soil depth of 12 inches for ground cover, 20 inches for shrubs, and 36 inches for trees.

3.6.2.3 Mulch

1. Landscaped areas shall be top-dressed with a bark chip mulch or an approved alternative to avoid exposed bare soil.

3.6.3 Parking Lot Landscaping

3.6.3.1 Surface Parking Landscape Design

1. A minimum of 15% of the total off-street open parking area shall be landscaped with a mixture of trees, shrubs, ground cover, and other plant material.

2. Tree wells shall have a minimum 5-foot dimension between parking spaces.

3. For residential parking, contiguous parking spaces shall not exceed 6 spaces without a tree well.

4. For commercial parking, contiguous parking spaces shall not exceed 8 spaces without a tree well.

3.6.4 Plant Size and Spacing

1. To achieve an immediate effect of a landscape installation and to allow sustained growth of planting materials, minimum plant material sizes, plant spacing, and minimum planter widths (inside measurements) are as follows:
a. All proposed shrubs except accent, color, or ground cover planting shall be a minimum 5 gallons in size, with a 15-gallon minimum size where required for screening. The minimum planter width for shrubs is 3 feet.
b. The minimum planting size for trees shall be 15-gallon, with 25% of all trees on a project site planted at a minimum 24-inch box size. Minimum planter area for trees shall be 5 feet by 5 feet. c. Street trees shall be planted at a minimum average of one tree per 25-35 linear feet of sidewalk length.

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3.7 Utilities, Service Areas, and Building Equipment
Intent
• To locate and integrate utilities and service areas into building and landscape design in order to minimize impact on the pedestrian experience.

3.7.1 Service Areas, Storage, Utilities, and Equipment

3.7.1.1 Utilities.

1. Utilities shall be placed in underground or subsurface conduits unless otherwise prohibited by the utility provider.

3.7.1.2 Location of Service Areas, Storage, Utilities, and Equipment.

1. All above-ground utilities and equipment (e.g., electric and gas meters, fire sprinkler valves, irrigation backflow prevention devices, etc.), service areas, and storage areas shall be integrated into building and landscape design and located to minimize impact on the pedestrian experience and neighboring properties by following the standards below:
a. Utilities and equipment, service, storage, and non-passenger loading areas shall be located inside buildings or on facades other than the Primary Building Frontage, along alleys, parking areas, and/or at the rear or side of building.
b. Utilities and equipment, service, storage, and non-passenger loading areas shall be consolidated in single area whenever possible. They shall not be located within minimum setback areas, along mid-block pedestrian connections, within 25 feet of open space areas, within the public right-of- way, and/or within 25 feet of a street corner.
c. Backflow preventors shall be located within landscaped setback areas and painted black or dark green to minimize visual impact. Where no landscaped setback areas exist the backflow preventors shall be incorporated into the front of the building to minimize visual obtrusiveness. d. Utilities and ground transformers/meters, mechanical equipment, service, storage, and non- passenger loading areas shall be fully screened from view per Standard 3.4.2.3 Service, Storage, Utilities and Equipment Screening.
e. Refuse collection areas to the extent feasible shall be located as far as possible from the residential portion of mixed-use buildings and open space areas. Additional regulations for refuse collection areas can be found in Section 3.4.3 Waste Removal.

3.7.1.3 Service, Storage, Utility, and Equipment Screening.

1. All service and storage areas, utilities, and equipment not housed inside buildings shall meet the following screening standards:
a. Screening shall be equal to or higher than the height of the equipment to be screened, unless specified otherwise.
b. Screening shall be made of a primary exterior finish material used on other portions of the building, architectural grade wood or masonry, metal, or landscape screening that forms an opaque barrier when planted.

3.7.1.4 Location and Screening of Rooftop Equipment.

1. Rooftop elements including roof access, mechanical equipment, and other features needed for the function of the building shall be located to minimize visual impact by meeting the following 324
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requirements. Mechanical equipment less than two (2) feet in height, solar panels, wind generators, or green roof features are exempt from these requirements. a. Roof-mounted equipment and screening of roof-mounted equipment shall be stepped back from top of parapet a minimum of 10 feet from the parapet or roof edge. b. Roof-mounted equipment greater in height than the parapet wall shall be screened to a height equal to the height of the equipment.

3.7.1.5 Vents/HVAC

1. Wall vents shall be of equal width or centered on window, or wall vents shall be of same material as surrounding façade.

3.7.2 Waste Removal

1. This section applies to refuse, organic waste, and recycling areas not accessible to the public, and which are used exclusively by the tenants/owners of the development site. The provisions of this section apply to all development except as follows:
a. All non-residential developments.
b. Single-family or multi-family residential development projects that do not necessitate communal or shared trash and recycling areas/containers. In such cases, no enclosure structure shall be required, however individual trash and recycling containers shall be stored in such a manner that containers are not visible or screened from public view from the front of the property. Containers may be placed in public view for purposes of collection.

3.7.2.1 Location

1. Refuse, organic waste, and recycling collection areas shall be located inside of buildings or inside of enclosures located along alleys or in parking areas at the rear or side of buildings. Collection areas are prohibited within any required front yard or street side yard, any required parking spaces, and required landscape and open space areas. Refuse, organic waste, and recycling containers shall not be visible from a public street, private street, or pedestrian pathway that has Primary Building Frontages.

2. For multi-building developments, refuse, organic waste, and recycling containers that serve only one building shall be located within that building, so that residents do not need to travel to another building to dispose of waste.
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3. Enclosures shall be located a minimum of 10 feet from any structure, 25 feet from any public street, 15 feet from a private street and, in non-residential areas, 20 feet from any residential zoned property line.

4. The location of enclosures shall not conflict with circulation or parking conditions on site. A condition shall not be created where a parked vehicle obstructs access to an enclosure nor where a disposal truck obstructs parked vehicles.

3.7.2.2 Trash and Recycling Enclosures

1. Exterior collection areas must be within an enclosure that meets the following standards:
a. Enclosures shall be designed to include a concrete slab base that extends to the limits of the exterior on the sides and rear and extends beyond the service gates equal to the enclosure depth.
b. Refuse, organic waste, and recycling containers located outside of a building’s envelope shall be enclosed within a solid enclosure including a roof.
c. Enclosures shall be adequate height to fully screen containers and materials within. d. A pedestrian access and separate access for primary collection shall be provided. e. Trash/recycling enclosures shall be constructed of a primary exterior finish material used on other portions of the building, architectural grade wood or masonry, metal, or decorative block. f. Gates shall be solid metal painted to match the enclosure. g. Concrete curbs, bollards, or wheel stops shall be installed or constructed inside the enclosure to prevent bins from damaging the enclosure. Concrete curbs or equivalent shall protect the exterior of enclosures from adjacent vehicle parking and travel ways.

3.8 Site Lighting
Intent
• To create safe, welcoming, well-lighted areas, including building entries, pedestrian pathways and plazas, parking lots and vehicle maneuvering areas; and to minimize excessive illumination on adjoining properties.

3.8.1 Nuisance Prevention

1. All outdoor lighting shall be designed, located, installed, directed downward or toward structures, fully shielded, and maintained to prevent glare, light trespass, and light pollution and away from adjoining properties and public rights-of-way, so that no light fixture directly illuminates an area outside of the project site intended to be illuminated.

2. All lights shall be directed, oriented, and shielded to prevent light trespass or glare onto adjacent properties. The light level at property lines shall not exceed 0.3 foot-candles.

3.8.2 Maximum Height

1. Freestanding outdoor light fixtures shall not exceed 16 feet in height.

3.8.3 Fixture Types

1. All luminaries shall meet the most recently adopted criteria of the Illuminating Engineering Society of North America (IESNA) for “Cut Off” or “Full Cut Off” luminaries.

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3.8.4 Minimum Lighting Requirements

1. Parking Areas. Lighting in parking, garage, and carport areas shall be maintained with a minimum of one foot-candle of illumination at the ground-level during hours of darkness, with a maximum of four foot- candles. All lighting shall be on a timeclock or photo-sensor system. Lighting used to illuminate parking areas shall be designed and located to prevent light trespass or glare, in accordance with this section.

Illumination shall not include low pressure sodium or similar lighting techniques.

2. Multi-Unit Residential Developments. Aisles, passageways, and entryways/recesses related to and within the building complex shall be illuminated with an intensity of at least one-quarter foot-candles at the ground level during the hours of darkness.

3. Non-Residential Developments (or portions of a development). All exterior doors, during the hours of darkness, shall be illuminated with a minimum of one-quarter foot-candles of light.

3.8.5 Design of Fixtures

1. Fixtures on buildings shall be attached only to walls or eaves, and the top of the fixture shall not exceed the height of the parapet, roof, or eave of the roof.

2. Accent Lighting. Architectural features may be illuminated by up-lighting, provided that the lamps are low intensity, and fully shielded such that no glare or light trespass is produced.

3.8.6 Energy Efficiency

1. Outdoor lighting shall utilize energy-efficient fixtures and lamps such as metal halide, hard-wired compact fluorescent, LED, or other lighting technology that is of equal or greater efficiency. All new outdoor lighting fixtures shall be energy efficient with a rated average bulb life of not less than 10,000 hours.

3.9 Standards for Special Conditions and Adjacencies
Intent
• Promote gradual transitions from high density development to surrounding low density neighborhoods in both building forms and land use. (LU 5-2)
• Ensure that new development provides visual and pedestrian and bicycle linkages with local creeks. (CD 10-12)
• Accomplish sound attenuation for development along City streets using building placement and design rather than sound attenuation walls. When sound attenuation walls are located adjacent to expressways or freeways, or railroad lines, landscaping, public art, and/or an aesthetically pleasing and visually interesting design should be used to minimize visual impacts. (CD 6-15)

3.9.1 Adjacency to Lower Density Development

3.9.1.1 Applicability

1. Projects with a property line adjacent to R-1, R-2, and R-3 residential zones. Standards in this section supersede other Objective Design Standards.

3.9.1.2 Building Setbacks and Height Transitions

1. Buildings greater than 2 stories in height shall have an interior and rear yard setback greater than or equal to the required setback of the adjacent zone along the shared property line(s). 327
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2. Portions of the building with a height greater than 40 feet shall be set back a minimum of 40 feet from the shared rear property line and a minimum of 30 feet from a shared interior property line.

3. No portion of a building shall be within a 45-degree daylight plane measured perpendicularly from the shared rear property line from a height of 10 feet for the full length of the property line.

3.9.1.3 Planting

1. Rear and side yards shall be planted with a minimum of one tree per every 30 linear feet of shared property line. Spacing of trees may vary.

2. The maximum distance between two trees shall not be greater than 50 feet. Rear and side yards shall be planted with a minimum of three shrubs per 20 linear feet. 328
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3.9.2 Adjacency to Major Roadways

3.9.2.1 Applicability

1. Projects with primary building frontage adjacent to a Major Roadway defined as a street with three or more travel lanes in each direction. Standards in this section supersede other Objective Design Standards.

3.9.2.2 Building Setbacks

1. All ground floor residential units shall be set back a minimum 40 feet from face-of-curb.

2. All residential units shall be set back a minimum 30 feet from face-of-curb.

3.9.2.3 Residential Ground Floor Finished Floor Height

1. Ground floor residential units fronting a Major Roadway shall have an average finished floor height greater than 4 feet above top-of-curb elevation.

2. Ground floor residential units fronting a Major Roadway shall have a minimum finished floor height greater than 2 feet above top-of-curb elevation.

3.9.2.4 Planting

1. A double row of trees shall be planted between the building and the curb. Each row shall have a minimum of one tree per every 30 linear feet. Spacing of trees may vary.

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3.9.3 Adjacency to Freeways

3.9.3.1 Applicability

1. Projects adjacent to a freeway.

3.9.3.2 Building Setbacks

1. Residential buildings shall be set back a minimum 60 feet from the edge of a freeway right-of-way.

3.9.3.3 Planting

1. A double row of trees shall be planted within 40 feet of the freeway right-of-way. Each row shall be within 30 feet of each other and have a minimum of one tree per every 30 linear feet. Spacing of trees may vary.

2. Trees shall be selected to be in the top 10% of species to function as air pollutant removal for carbon monoxide and particulate matter. The following trees fit that designation on itreetools.org for Milpitas, Coast Redwood, Deodar Cedar, Cork Oak, American Elm, Atlantic White Cedar, Blue Chinese Fir, Ribbon Gum Eucalyptus, American Basswood, California Laurel, Evergreen Ash, Guadalupe Cypress, Swamp Bay, Slash Pine, Monterey Cypress, Northern Hackberry, Italian Cypress, Red bay, Arizona Cypress, Cedar Elm, Siberian Elm, Longleaf Pine, California Sycamore, Chinese Elm, Pacific Madrone, Mourning Cypress, Digger Pine.

3.9.4 Adjacency to Railroads

3.9.4.1 Applicability

1. Projects with a property line adjacent to a railway corridor.

3.9.4.2 Building Setbacks

1. All residential buildings shall be set back a minimum 40 feet from the railroad right-of-way.

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3.9.5 Adjacency to Natural Areas/Creeks/Channels

3.9.5.1 Applicability

1. Projects with a property line adjacent to natural areas, creeks, and channels.

2. In addition to the standards below, project shall meet Valley Water’s Guidelines and Standards for Land Use Near Streams.

3.9.5.2 Building Setbacks

1. All buildings shall be set back a minimum of 40 feet from the top of the bank of channel.

3.9.5.3 Open Space and Public Access Easements

1. Where a public path is not located between the building and top of bank, a 12-foot-wide public access easement shall be located within the first 30 feet depth from the adjacent property line and be consistent with the Ped/Bike & Trails Plan.

3.9.5.4 Planting

1. A continuous planting strip with a minimum width of 12 feet and a length greater than 80% of the length of the property line shall be located between the building and top of bank. a. Trees shall be planted at a minimum of one tree per every 30 linear feet. Spacing of trees may vary.

2. A minimum of 60% of the site area between buildings and the property line adjacent to the natural area, creek, or channel shall be landscaped.

3. Plantings shall be selected to support a Riparian Complex ecosystem and shall include a mix of the following:
a. Trees: Bigleaf maple, Boxelder maple, White alder, California sycamore, Fremont cottonwood, Red willow, Arroyo Willow; Shrubs/Small Trees; Blue elderberry, Red osier dogwood, California grape, California rose, Common snowberry, Hazelnut.
b. Herbaceous Understory: California blackberry, Common rush, Tall flatsedge, Virgin’s Bower, Seep monkeyflower.

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4 Building Design
Purpose
• To set standards to refine the building massing and form through façade modulations • To set standards for transitions to lower scale development • To set standards for façade articulation to create human-scaled architecture. • To set standards to create visual interest and placemaking through building design Intent
• To mediate the scale, massing, and bulk of buildings to reflect a human scale and enhance the pedestrian experience through building modulation and reductions in mass of upper floors. • To create cohesive and well-crafted building façades with human-scaled details that provide visual interest to pedestrians, incorporate passive green design elements, and promote high-quality design. • To guide building massing to respond to the scale of people and the building’s context; avoid overly massive or monolithic structures; and encourage variation on large façades to promote pedestrian interest.

4.1 Small and Medium Building Types

4.1.1 House-like/Multiplex (S)

4.1.1.1 Duplex (S) (2 units)
Duplexes are small house-like buildings with two units that may be stacked or side-by-side. The units may be accessed through a shared entry or individual unit entries.

4.1.1.2 Triplex/Fourplex (S) (3-4 units)
Triplexes and fourplexes are walk-up buildings featuring 3 to 4 dwelling units that typically share a single entry or feature individual unit entries along the front façade. Dwelling units may be oriented side-by-side and/or are stacked atop one another.

Cottage clusters feature 3 or more units, with individual entryways opening directly onto the central open space or directly onto the abutting right-of-way.

4.1.2 Middle Housing (M)

4.1.2.1 Rowhouse (M) (attached)
Rowhouses are attached single-family units that share a common wall. Rowhouses consist of 1 to 2 units per building and are typically configured into clusters of 2 to 10 individual units.

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utilizes side and rear setback areas. Courtyard Housing features between 3 or more units and can either feature individual entrances or shared entryways that open into the courtyard.

4.1.2.3 Multiplex Apartment Building (M) (5 or more units) Multiplex Apartment Buildings are single buildings featuring 5 or more dwelling units that typically share an entry or feature individual unit entries along the front façade. Multiplex Apartment Buildings feature dwelling units that are generally accessed through a shared elevator and corridor.

4.1.2.4 Low-Rise Multifamily (L)
Low-rise multifamily developments are generally made up of two or more buildings of two to four stories organized around shared parking and amenities. Unit types may include multilevel townhomes, stacked flats, or a combination of both.

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4.1.3 Design Standards (S + M)

4.1.3.1 Development Standards Table

1. The following table outlines development standards for Small (S) and Medium (M) building types. These standards apply to the design of each building type. If the standards below contradict development standards in the municipal code, the municipal code shall take precedence.

Small (S) Medium (M)
Duplex
(2du)
Triplex/
Fourplex
Cottage
Cluster Rowhouse Courtyard
(3+ du)
Multiplex
(5+ du)
Low-Rise
Multifamily

1. Building Massing
Building
Width
Maximum:
50 feet
Maximum:
60 feet
Maximum:
40 feet
Minimum:
16 feet
Maximum:
30 feet

Combined
Maximum:
160 feet
Maximum
Wing
Width:
40 ft
Maximum:
80 feet
Maximum:
200 feet

2. Usable Open Space*
Usable
Open
Space
per
Unit
300 sf
(minimum)
200 sf
(minimum)
300 sf
(minimum)
200 sf
(minimum)
200 sf or
minimum
required
by zone;
whichever
is greater
50 sf per
unit or
minimum
required
by zone;
whichever
is greater.
150 sf per
unit or
minimum
required by
zone;
whichever is
greater
Usable
Open
Space
as
Private
Open
Space

100 sf per
unit
(minimum)
100 sf per
unit
(minimum)
100 sf per
unit
(minimum)
80 sf per
unit
(minimum)

50% of units:
50 sf per unit
(minimum)

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4.1.3.2 Façade Modulation and Articulation

1. Modulation. Residential buildings shall employ at least two of the following building modulation strategies:
a. Varied roof form, such as changes in roof height, offsets, change in direction of roof slope, dormers, parapets, etc.
b. Use of balconies, front porches, overhangs, or covered patios. c. Projections, offsets, and/or recesses of the building wall at least one foot in depth, such as bay windows, chimneys, brackets, and cornices.

2. Articulation. All building elevations that face a street, pedestrian pathway, or common open space shall employ varied façade articulation of wall surfaces. Facades shall incorporate at least three of the following features, consistent in design style, which provide articulation and design interest:
a. Variation in texture or material, provided all exterior wall textures and materials are consistent with the overall architectural style of the dwelling.
b. Building base (typically bottom three feet) that is faced with a stone or brick material or is delineated with a channel or projection.
c. Railings with a design pattern and materials such as wood, metal, or stone which reinforces the architectural style of the building.
d. Decorative trim elements that add detail and articulation, such as door surrounds with at least a two-inch depth, decorative eave detailing, belt courses, etc. e. Decorative window elements such as, lintels, shutters, window boxes, etc.; and f. Roof overhangs at least 18 inches deep.

4.1.3.3 End Units

1. Any building with the Primary Façade and building entry facing a street or pathway perpendicular to a public street right-of-way, private street, or publicly accessible pathway shall meet the following standards:
a. The End Unit building façade shall have a fenestration area greater than 10% of the façade area. b. The End Unit building façade facing shall have at least one architectural projection that projects a minimum of 18 inches from the street facing façade (example: bay windows, a chimney shown on the exterior of the house) with a minimum width of two feet. c. Ground floor parking may not exceed 25 linear feet of an End Unit’s ground floor façade.

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4.1.3.4 Entries

1. For multifamily residential buildings with up to 8 units and not exceeding 40 feet in width, the Primary Building Entry may be located on the side of the building not facing the public right-of-way if a publicly accessible pedestrian pathway connects directly to a forecourt or front porch with a minimum dimension of 6 feet.

4.1.3.5 Parking + Access

1. Front-loaded parking for (S) and Rowhouse Building Types:
a. Garage doors that face the street shall not occupy more than 50% of the width of any street- facing building façade. This limitation does not apply to frontages along alleys b. Garage door shall be located a minimum 5 feet behind Primary Façade c. Shall have a unit entry that fronts a publicly accessible sidewalk or pedestrian pathway

4.1.3.6 Open Space Quality

1. Cottage Clusters
a. Common Open Space. Common usable open space is not required for projects with less than 5 units. For projects 5 units and over, 200 sf per unit may be combined to provide a common open space area, provided that each unit also has at minimum 100 sf of private open space. At least 50% of the units in the development site cluster must abut the common open space. b. Common open space serving three or more units shall be abutted by units on at least two sides. c. No unit shall be located further than 60 feet from a common open space. d. Common open space shall not be divided into more than two separate areas with one area of at least 1,000 square feet.
e. No dimension shall be less than 20 feet.
f. Common open space may include setback areas if they are a minimum of 15 feet wide and the other provisions in this section are met.
g. Flex-Space. A maximum of 50% of required common open space may be provided as flex-space.

Flex-space is a hard-surface, multi-use outdoor area that may simultaneously provide vehicle access and maneuvering, common open space for residents, and pedestrian access. Flex-space shall not be used for private or shared surface parking. Flex-space may not be located in required interior setback areas.

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2. Courtyard Buildings
a. Common open space shall include at least one courtyard open to the street and defined on three sides by building
b. Width: minimum 25 feet or 40% of depth; whichever is greater, for buildings greater than 3 stories in height, Section 6.2 Common Open Space requirements supersede. c. Depth: minimum 40 feet

3. Middle Housing (M)
a. Projects exceeding 20 units shall provide a minimum of one Common Open Space with minimum dimension of 40 feet by 40 feet.

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4.2 Large and Extra-Large Building Types

Application of Design Standards
The following flow chart outlines the design standards for Large and Extra-large building types. The standards are organized to review a building’s compliance starting with overall massing and form including massing reductions, breaking long building facades, and providing articulation and minor façade breaks to create a human scaled residential rhythm and pattern to the building. The second category overlays façade design including façade composition, variations in façade design strategies, defining a base/middle/top, and adding human-scaled details. The design standards meant to create a holistic approach to building design and build on one another with different design strategies being able to meet multiple standards.

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4.2.1 Massing and Form (L) (XL)

4.2.1.1 (L) Maximum Building Length

1. Buildings shall not exceed 380 feet in length or width.

4.2.1.2 Upper Floor Mass Reductions (L) (XL)

1. Buildings greater than 6 stories in height shall provide a variety in building heights and reduce the massing of upper floors through one or more of the following techniques:
a. Building floorplates located at a height 6 stories or greater shall have a floor area less than 75% of the ground floor area or the building floor area of the Podium Level, whichever is less.

b. Stepped back façade of floors above 6 stories for a minimum 60% of dimension of all façades facing a public right-of-way, private street, or publicly accessible pedestrian pathway. Step back shall be a minimum of 6 feet in depth.
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4.2.1.3 (XL) High-rise Buildings

4.2.1.3.1 Maximum Floorplate

1. For portions of a building above 8 stories in height, the maximum floor area per floor shall not exceed 16,000 sf.

4.2.1.3.2 Maximum Building Length

1. Portions of a building above 8 stories in height shall not exceed 160 feet in length.

4.2.1.3.3 Tower Separations for High-rise Buildings

1. Any portion of a building over 8 stories be in height shall be a minimum 120 feet from all other buildings over 8 stories in height regardless of whether the adjacent building is on the same or different parcel.

4.2.2 Façade Modulation

4.2.2.1 Major Vertical Façade Modulation

1. Exterior facing building facades shall meet the following standard for Major Break(s):
a. Building shall have a major break at least every 150 feet of building length. b. The first major break required shall be a minimum 20 feet wide and 10 feet deep.

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c. If a building requires additional major breaks, they shall be a minimum 25 feet wide and 20 feet deep.

d. A major break may extend to the corner of a building with a maximum width of 50 feet.

e. A major break shall extend from the finished ground floor through the full height of the building including breaking the roof plane.

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4.2.2.2 Minor Vertical Façade Modulation

1. Façade planes shall choose one of the following minor vertical façade modulations for Minor Break(s):
a. Minor Breaks. Façade planes shall not exceed 100 feet in length as measured from façade break (major or minor) to façade break or corner of a building. i. Minor breaks shall be a minimum 2 feet deep.
ii. Minor breaks shall be a minimum 4 feet wide and a maximum 25 feet wide. iii. A minor break may extend from the edge of a major break or the corner of a building.

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iv. A minor break shall extend from the top of the ground floor through the full height of the building including breaking the roof plane.
b. Vertical Rhythm and Pattern: Façade planes exceeding 40 feet in length shall express a vertical rhythm and pattern that reflects the size and scale of a residential unit and/or individual rooms and spaces through meeting the following standards:
i. A vertical recess or projection shall occur at a minimum of 1 per 40 feet of linear façade length.
ii. Vertical recess or projection shall have a minimum depth of 6 inches. iii. Shall occur for a minimum of 60% of the residential façade height.

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c. Minor Modulations.
i. Projection or recess with a minimum depth of 2 feet, minimum width of 8 feet, and spans a minimum of 60% of the façade height.
ii. At least one projection or recess shall occur every 40 feet.

4.3 Façade Design (L)(XL)
Intent
• To create cohesive and well-crafted building façades with human-scaled details that provide visual interest to pedestrians, incorporate passive green design elements, and promote high-quality design. • Encourage architectural elements that contribute to a building’s character, aid in climate control, and enhance pedestrian scale. (CD 11-4)
• Where a vertical mix of uses occurs, retail, restaurants, and other active uses should be located on the ground floor, with residential and/or office uses above. Also, encourage complementary architectural detailing that differentiates each use. (CD 3-12)

4.3.1 Façade Composition

1. Each building façade greater than 100 feet in length shall include a minimum of two distinct façade compositions. For every additional 100 feet of building façade, an additional distinct façade composition is required.
a. Each distinct façade composition shall have a total combined façade area greater than 10% of the overall façade area.
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b. Each distinct façade compositions shall meet the Variation in Façade Composition Standards (4.3.3) to be distinct from the other façade composition.

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4.3.2 Base/Middle/Top

1. Buildings three stories or taller and a building length greater than 50 feet shall be designed to differentiate a defined base or ground floor, a middle or body, and a top, cornice, or parapet cap. This standard applies to all exterior facing facades.

Example Diagrams of Base/Middle/Top Standards
Variation in Façade Composition A Datum Lines

Variation in Façade Composition B Upper Floor Step Backs

Distinct Roof Form

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4.3.2.1 Building Base

1. A building’s base shall be defined or differentiated from the middle/body by using one of the following techniques: (apply at least two)
a. Have a distinct façade composition from the base floor(s) to middle/body floors by meeting the standards for a Variation in Façade Composition: Section 4.3.2 b. Datum line or cornice between the base floor(s) and middle/body floors that:
i.) Is a different material from the middle/body floors ii.) Has a minimum height of 4 inches and a minimum depth of 4 inches c. Floor-to-floor height of the ground floor increase of a minimum 2 feet greater than middle/base floor-to-floor heights.

4.3.2.2 Building Top

1. A building’s top shall be defined or differentiated from the middle/body by using two or more of the following techniques: (apply two or more)
a. Have a distinct façade composition from the middle/body floors to the top floor(s) by meeting the standards for a Variation in Façade Composition: Section 4.3.2 b. Datum line or cornice between the middle and top floor(s) that include:
i. A change in material from the façade
ii. A minimum height of 4 inches and a minimum depth of 4 inches c. Upper floor(s) step back with a minimum depth of 2 feet and a maximum depth of 15 feet for a minimum 70% of the façade length.
d. Distinct roof form or roof line. (apply one)
i. Cornice or parapet cap that includes:

1. a change in material from the façade

2. a minimum height of 8 inches and a minimum depth of 4 inches ii. Eave/roof overhang with a minimum depth of 6 inches iii. A variation in roof/building height through building modulation:
(examples: Bays that extend above Primary Façade height)

1. Variation in roof/building height shall occur for a minimum 30% of the Building Façade Length.

2. Change in roof/building height shall be a minimum of 2 feet of change from Primary Façade.

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4.3.3 Variation in Façade Composition

1. A variation in Façade Composition shall include a variation in at least two of the following:
a. Variation in Building Modulation,
b. Variation in Façade Articulation,
c. Variation in Fenestration, and
d. Variation in Materiality.

4.3.3.1 Variation in type of building modulation (minimum of one, if option selected)

1. Variation in type of building façade modulation patterns and form. Building modulations shall include horizontal shifts that include changes in floor plates that project and/or recess with a minimum average depth of 12 inches, changing the Primary Plane of the façade for a minimum 20% of the Façade Plane area.

2. A variation in roof/building height through building modulation: (examples: Bays that extend above Primary Façade height)
a. Variation in roof/building height shall occur for a minimum 30% of the Building Façade Length.

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b. Change in roof/building height shall be a minimum of 4 feet of change from Primary Façade.

4.3.3.2 Variation in Type of Façade Articulation (minimum of one, if option selected)

1. Variation in horizontal and/or vertical recesses or projections such as a pattern of recessed grouping of windows, recessed panels, bay windows or similar strategies. The recess or projection shall be a minimum six inches in depth.

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2. Variation in horizontal and/or vertical projections such as shading and weather protection devices, decorative architectural details, or similar. Variation in at least 2 of the following:
a. Size
b. Proportions
c. Pattern
d. Depth or projection

4.3.3.3 Variation in Fenestration

1. Variation in at least 2 of the following on the primary façade:
a. Fenestration size
b. Proportions
c. Pattern
d. Depth or projection

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4.3.3.4 Variation in Materiality

1. Variation in 2 of the following on the primary façade:
a. Façade material
b. Material size
c. Texture and pattern
d. Color

Examples of Variation in Façade Composition

4.3.3.1.a

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4.3.3.1.b

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4.3.3.3 + 4.3.3.4

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5 Building Elements

5.1 Ground Floor Design
Intent
• To create inviting and interesting ground floors that enhance the pedestrian realm and to create places for people to gather and spend time outdoors.
• To create a transition between public and private space.

5.1.1 Building Entries (M)(L)(XL)

5.1.1.1 Primary Building Entry

1. The Primary Building Entry for multifamily buildings shall face a public right-of-way or a publicly accessible pedestrian pathway.

2. Primary building entries shall be scaled proportionally to the number of people served. Building entries inclusive of doorway and adjacent façade plane shall meet the following minimum width and depth from Primary Façade dimensions:
a. Individual residential entries: See Section 5.2
b. Multifamily entries (9 or more units): width: 10 feet; depth: 3 feet c. Upper floor commercial entries: width: 15 feet; depth; 5 feet

3. Primary entries for multifamily entries (9 or more units) and commercial entries shall have a minimum 60% transparent glazing between 3 and 7 feet in height for the required entry width.

4. Building lobbies for primary entries for (M) and (L) building serving more than 9 units shall include direct access to a stairwell to provide an alternative to elevators. a. Stairwell shall be visible from lobby area.
b. Stairwell shall include natural light.
c. Stairwell may be open air.

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5.1.1.2 Storefront/Retail Entries

1. Entry doors shall have a minimum width of 3 feet.

2. Primary entries shall be setback a minimum 3 feet from back of walk or the minimum depth necessary to prohibit door swings from entering public right-of-way or effective sidewalk width.

3. Primary entries shall include weather protection that is a minimum 6 feet wide and 4 feet deep by recessing the entry, providing an awning, or using a combination of these methods.

5.1.1.3 Individual Residential Unit Entries

1. For buildings with 9 or more ground floor units, a minimum of 80% of the ground floor residential units that face a public right-of-way or publicly accessible path, or open space shall have a unit entry with direct access to the sidewalk, path, or open space. (Senior units or other deed-restricted units for special populations are exempt)

2. Ground floor residential entries shall be designed to section 5.2 Residential Unit Entry Types standards.

3. Ground floor residential entries shall include weather protection that is a minimum 4 feet wide and 3 feet deep by recessing the entry, providing an awning, or using a combination of these methods.

5.1.2 Ground Floor Façades

5.1.2.1 Ground Floor Storefront/Retail Façades

1. Storefront/retail façades shall have a minimum 60% transparent glazing between 1.5 and 7.5 feet in height.

2. Transparent glazing shall be maximum 15% reflective, visible light transmittance greater than 80%, and without tint or coloration in the glass substrate.

3. Bulkheads and solid base walls: If provided, shall measure between 12 and 30 inches from finished grade.

4. Awnings, canopies, and weather protection: When transom windows are above display windows, awnings, canopies, and similar weather protection elements shall be installed between transom and display windows. These elements allow for light to enter the storefront through the transom windows and allow the weather protection feature to shade the display window. Awnings may be fixed or retractable.
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5.1.2.2 Ground Floor Non-residential Façades

1. Façades shall have a minimum 50% transparent glazing between 3 and 7.5 feet in height above finished floor.

2. Transparent glazing shall be maximum 50% reflective, visible light transmittance greater than 80%, and without tint or coloration in the glass substrate.

5.1.2.3 Ground Floor Residential Façades

1. Façades shall have a minimum 30% transparent glazing between 4 and 7.5 feet in height above finished floor.

2. Transparent glazing shall be maximum 50% reflective, visible light transmittance greater than 80%, and without tint or coloration in the glass substrate.

5.2 Residential Unit Entry Types
Intent
• Private entries into ground floor residential units shall be designed to provide human-scaled detailing, enhanced pedestrian experience, transition between public and private space, spaces for residents to gather and spend time outdoors, and resident privacy

5.2.1 Stoop Entry

1. Stoops shall provide entry access for a maximum of two units.

2. Stoop heights shall be within 1 step of finished floor height of adjacent unit.

3. Stoop entry landings shall be a minimum 4 feet in depth and width.

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5.2.2 Porch Entry

1. Porches shall provide entry access for a maximum of one unit.

2. Porches shall have a minimum dimension of 6 feet in depth and width.

3. The maximum porch floor height from the back of sidewalk grade shall be 5 feet.

5.2.3 Dooryard/Patio Entry

1. Patio entries may serve up to two units; and

2. Patio area shall have a minimum dimension of 8 feet in depth and width.

3. The Patio shall include at least one of the following features to define the transition between public and private space:
a. A row of shrubs not exceeding 42 inches in height located between the sidewalk and the patio that assists with defining the edge between public and private space. Shrubs shall be at least one gallon in size and be planted a maximum of three feet on center; or b. A fence not to exceed 36 inches in height and minimum transparency of 10% located between the sidewalk and the patio that assists with defining the edge between public and private space, with a gate or fence opening to provide access to the pedestrian route between the pedestrian way and the front door; or
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c. A metal, wood, or stone wall not to exceed 36 inches in height located between the sidewalk and the patio that assists with defining the edge between public and private space with a gate or wall opening to provide access to the pedestrian route between the pedestrian way and the front door. A minimum 18-inch landscape strip shall be located between the wall and the abutting pedestrian way and entirely landscaped with ground cover, shrubs or other landscape living plant material.

5.2.4 Terrace:

1. A Terrace may serve multiple unit entries.

2. The maximum Terrace height shall be 30 inches above the grade of the back of the adjacent sidewalk or accessway.

3. Pedestrian paths at terrace level shall have a minimum width of 42 inches.

4. Walls, fences, and hedges on Terraces shall be a maximum of 42 inches tall and have a minimum transparency of 40%.
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5.2.5 Frontage Court:

1. A Frontage Court may serve multiple unit entries.

2. The minimum Frontage Court width along a primary frontage shall be 25 feet.

3. The maximum Frontage Court width along a primary frontage shall be 50% of the façade length or 80 feet, whichever is less.

4. The minimum Frontage Court depth shall be 25 feet.

5. The maximum Frontage Court depth shall be 50 feet or a ratio not to exceed 2:1 depth to width.

6. The maximum height of the Frontage Court shall not exceed 5 feet above sidewalk grade.

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5.3 Fenestration Design
Intent
• To ensure high quality building elements that add to the human-scale architecture. • To ensure that mechanical, utilities, and services are designed to complement the architecture design.

5.3.1 Fenestration Design: All fenestrations shall meet the following standards:

1. Windows shall be recessed a minimum of 2 inches. Façades or portions of façades utilizing a curtain wall are exempt from this standard.

2. Windows that are flat or “flush” with the façade are prohibited unless applied to a portion of a building that is part of a recessed façade modulation with a minimum 4 inches in depth. Façades or portions of façades utilizing curtain walls are exempt from this standard.

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5.4 Green/Productive Roofscapes
Intent
• To increase green space, urban ecology (stormwater runoff reductions, decreased urban heat island effect), and building performance (improved photovoltaic (PV) panel efficiency, reduced building energy consumption).

5.4.1 Green/Productive Roofs:

A green roof is a flat roof (less than 10%) that has been altered to support urban ecology. They are comprised of a layer of engineered soil and vegetation planted over a waterproofing system. Green roofs facilitate several positive benefits in terms of greater community connections to green space, urban ecology (stormwater runoff reductions, decreased urban heat island effect), and building performance (improved photovoltaic (PV) panel efficiency, reduced building energy consumption). The latter is an important factor in carbon use reduction, and because the co-location of green roofs and PV panels provides benefits for the performance of the green roof, the PV panels, and the building.

1. Minimum Size. Green roofs shall be required for all new developments with a minimum net roof area (gross roof area – allowed deductions) of 5,000 ft².
a. Net roof area shall be calculated as the sum of all roof area(s) for a development and not by individual structures.
b. Allowed Deductions: codified amenity spaces, codified setbacks, HVAC systems, fire suppression systems and associated easements, and emergency corridors. c. The following graduated spatial requirement shall be used to determine the green roof size for each new development.

Net Roof Area for Entire
Development Size of Green Roof
Less than 5,000 ft² Exempt
5,000-14,999 ft² 20%
15,000-29,999 ft² 25%
30,000-49,999 ft² 30%
50,000-64,999 ft² 35%
65,000 ft² or greater 40%

2. Photovoltaic Panels (PV). PV panels and green roofs shall be co-located where feasible. If co-located, PV panels shall be clustered together with individual rows spaced 32” apart to allow for sunlight penetration to the green roof beneath.

3. Habitat. All projects, including green roof improvements and new construction, shall satisfy the following standards regarding plant selection and siting. a. Plant Palettes.
i. Plant and tree selection shall be per Section 3.6 Landscaping and be appropriate for siting on green roofs (e.g., low maturation height and weight, shallow root structure, low water requirements).
ii. Landscaping shall configure plantings in multi-layered clusters, placing groundcover, shrub, and tree canopy layers in the same area to provide vertical structure. Target an overlap of 2-3 layers of native vegetation for >75% of the planting area. 361
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b. Tree selection and placement. All green roof tree selection and placement shall satisfy the following standards regarding size and stability.
i. Root Structure. Tree species with deep taproots or invasive root tendencies are not permitted.
ii. Root anchoring. All trees shall be anchored at the root ball in accordance with wind shear, pressure, and suction capacity of the associated soils. c. Soils. Varied topography, soil materials, and soil textures are critical in supporting more diverse plantings, pollinators, and a greater range of ecological functions. Engineered soil shall be placed at varying depths to mimic the natural undulation of native habitat. Deep green roof soils (≥ 6 in.) increase the potential for healthy long-lived plantings and associated enhanced biodiversity.

Deeper soil helps to reduce root zone temperature extremes, retain moisture, and support more diverse invertebrate populations. Green roof soil depth shall satisfy the following requirements to support healthy native plants.
i. General native plant support standards for soil depths are as follows:

1. ≥ 6” for herbaceous plants

2. ≥ 10” for small woody shrubs

3. ≥ 18” for large woody shrubs

4. ≥ 30” for small trees

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5.5 Building Materials
Intent
• To promote the use of high quality, durable, sustainable, and attractive materials that exhibit a sense of permanence and contribute to the aesthetic quality of the development and to the urban design fabric of the community.

5.5.1 Allowed Building Materials

1. Variation in Building Materials. Each façade shall include the following materials:
a. Primary materials shall cover between 55 to 65% of each exterior (excluding windows, doors, garage doors, and building trim).
b. High-quality primary materials such as brick, stone, ceramics, metals, fiber-cement panels, Shou Sugi Ban, or other composite panel systems may exceed 65% maximum. Panel systems shall not have exposed bolts or fasteners.
c. A secondary material(s) shall cover the remainder of each façade (excluding windows, doors, garage doors, and building trim) from 25 to 35%.
d. Durable finish and/or accent materials, including masonry, tile, stone, brick, and/or finished metal may cover up to 10% of the first floor of the front façade (excluding building trim).

2. Prohibited Siding Materials. Plywood, vinyl, plastic (and plastic laminate), and fiberglass, shall be prohibited siding materials.

3. Building Component Colors. All vents, gutters, downspouts, flashing, electrical conduits, etc., shall be painted to match the color of the adjacent surface.

4. Signage. Signage shall meet requirements of Milpitas Signage Ordinance.

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6 Usable Open Space
Intent
• To create well designed common and private open spaces that serve multiple purposes, encourage gathering, improve the health and wellness of residents, and embraces nature in our built environment.

6.1 Rules for Distribution of Open Space

1. Usable Open Space may be provided as Publicly Accessible Open Space, Common Open Space, or Private Open Space.
a. For (L) and (XL) projects, a minimum of 30% of required Usable Open Space shall be Common Shared Open Space.
b. Publicly Accessible Open Spaces greater than 5,000 sf in continuous area may count as 1.2 times the amount of required common shared open space.

6.2 Open Space Types

6.2.1 Publicly Accessible Open Spaces
Publicly Accessible Open Space may include plazas, courtyards, seating areas, parklets, play areas, recreational facilities or equipment, dog parks, and usable green space, among others. Spaces may be provided that do not meet the standards below, but they may not be counted toward the required Usable Open Space.

1. If Publicly Accessible Open Space is provided, it shall meet the following standards:
a. Shall be publicly accessible for a minimum 12 consecutive hours per day. b. Shall be accessible from a public right-of-way or from a publicly accessible lobby with signage including open space type, hours of access, and amenities visible from a public right-of-way. c. Shall have a minimum area of 1,000 square feet.
d. Shall have a minimum dimension of 25 feet in any direction. e. Shall have permanent seating (e.g., seat walls, planter ledges, benches, picnic tables, and seating steps).
f. A minimum of 60% of the area shall be open to the sky and free of permanent weather protection or encroachments. Trellises and similar open-air features are permitted. g. Shall have a minimum 20% of landscaping:
h. A minimum of 20% of the open space area shall be planted with ground cover and/or shrubs. i. A minimum of one tree shall be planted per 400 square feet of the open space area.

6.2.2 Common Open Space
This section applies to private common open space in residential subdivisions (including rowhouses), multi- family residential projects, and residential mixed-use projects. Private common open spaces are outdoor open spaces that are shared and accessible only to building residents and their visitors. Common open spaces may include courtyards, gardens, play areas, outdoor dining areas, recreational amenities, and rooftop open spaces.

Spaces may be provided that do not meet the standards below, but they may not be counted toward the required Usable Open Space.

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1. Common Open Space shall meet the following standards:
a. Shall be immediately adjacent to common spaces, hallways, or residential units. b. Shall be accessible to all residents.
c. Shall have a minimum width and length of 20 feet.
d. Courtyard enclosed by three sides of a building shall have a minimum width that is equal to or greater than 80% of the highest height of the adjoining faces. e. Fully enclosed courtyards shall have one minimum dimension that is equal to or greater than the highest height (up to 80 feet) of the adjoining facades. The second dimension shall be equal to or greater than 80% of the highest height of the adjoining facades.

f. A minimum of 60% of the area shall be open to the sky and free of permanent weather protection or encroachments. Trellises and similar open-air features are permitted. g. Minimum 20% of the open space area shall be planted with trees, ground cover, and/or shrubs. h. Shall have permanent seating.
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6.2.3 Private Open Space
This section applies to personal private open space in multi-family residential and residential mixed-use projects.

Private open space areas are intended for private use for each dwelling unit and may include balconies (covered or uncovered), private gardens, private yards, terraces, d ecks, and porches, among others. Spaces may be provided that do not meet the standards below, but they may not be counted toward the required Usable Open Space.

1. If Private Open Spaces is provided, it shall meet the following standards:
a. Shall be directly accessible from a residential unit. b. Balconies shall have a minimum dimension of 6 feet in depth and width. c. Balconies shall have a minimum floor area of 50 square feet. d. Patios shall have a minimum dimension of 8 feet in depth and width. e. Patios shall have a minimum floor area of 64 square feet. f. Floor to ceiling height shall have a minimum dimension of 8.5 feet. g. May be covered but not fully enclosed.
h. Ground level private open space shall be screened or buffered from adjacent private or common open space and dwellings by landscaping, fencing, walls, trellises, or other screening elements. 366
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Objective Design Standards
PUBLIC DRAFT / OCTOBER 2022
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Milpitas Residential and Mixed-Use Objective Design Standards 2

TABLE OF CONTENTS

1 Purpose and Applicability ................................................................................................................................................................... 3

1.1 Purpose ................................................................................................................................................................................................ 3

1.2 Organization of Object Design Standards .............................................................................................................................. 4

1.3 Applicability ........................................................................................................................................................................................ 4

1.4 Definitions ........................................................................................................................................................................................... 6 2 Site Planning ............................................................................................................................................................................................. 10

2.1 Block Structure ................................................................................................................................................................................ 10

2.2 Mid-Block Connections ................................................................................................................................................................ 11

2.3 Shared/Publicly Accessible Open Space (Large Sites/Master Planned Only) ......................................................... 16

2.4 Services and Utilities (Large Sites/Master Planned Only) ............................................................................................... 18 3 Site Design ................................................................................................................................................................................................. 19

3.1 Sidewalk Design .............................................................................................................................................................................. 19

3.2 Building Orientation ...................................................................................................................................................................... 20

3.3 Building Setback Character ........................................................................................................................................................ 21

3.4 Ground Floor Uses ......................................................................................................................................................................... 23

3.5 Access and Parking ........................................................................................................................................................................ 26

3.6 Landscaping ...................................................................................................................................................................................... 28

3.7 Utilities, Service Areas, and Building Equipment ............................................................................................................... 30

3.8 Site Lighting ...................................................................................................................................................................................... 32

3.9 Standards for Special Conditions and Adjacencies ........................................................................................................... 33 4 Building Design ....................................................................................................................................................................................... 38

4.1 Small and Medium Building Types .......................................................................................................................................... 38

4.2 Large and Extra-Large Building Types ................................................................................................................................... 44

4.3 Façade Design (L)(XL) .................................................................................................................................................................... 51 5 Building Elements .................................................................................................................................................................................. 62

5.1 Ground Floor Design ..................................................................................................................................................................... 62

5.2 Residential Unit Entry Types ...................................................................................................................................................... 64

5.3 Fenestration Design....................................................................................................................................................................... 68

5.4 Green/Productive Roofscapes ................................................................................................................................................... 69

5.5 Building Materials .......................................................................................................................................................................... 71 6 Usable Open Space ................................................................................................................................................................................ 72

6.1 Rules for Distribution of Open Space ..................................................................................................................................... 72

6.2 Open Space Types ......................................................................................................................................................................... 72 368
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1 PURPOSE AND APPLICABILITY

1.1 Purpose

1.1.1 Overview
The development of residential multi-family projects and mixed-use projects in the City of Milpitas is regulated by a variety of documents including the General Plan, Zoning Ordinance, Specific Plans, and other topic specific ordinances. Following the passage of California State Senate Bill 330 (SB 330), the City of Milpitas is required to adopt objective design standards and streamline its housing development and review process to ensure high quality design and facilitate the efficient delivery of new residential units.

Senate Bill 330 (SB 330) defines objective design standards as any standard that: “[Involves] no personal or subjective judgment by a public official and that is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal of an application.” (SB 330, Section 66300.7) These standards contain concise and quantifiable language that are designed for consistent interpretation by applicants, reviewers, and approval bodies alike.

1.1.2 Goals
The purpose of these objective design standards is to provide city-wide regulations that allow flexibility in design but require applicants of multi-family or mixed-use projects featuring residential use to adhere to a clear set of rules that facilitate an efficient review process and result in buildings that are appropriate for their context and environment.

In application, these objective design standards are intended to accomplish several key goals:
• Preserve the character of Milpitas’ neighborhoods by balancing the form and desi gn of existing development with new construction techniques.
• Encourage human-scaled buildings that adhere to existing zoning regulations and promote high quality site and building design.
• Emphasize a pedestrian-oriented environment where buildings and public realm design are cohesive and complementary of a diverse range of uses.

1.1.3 Additional Documents
Development across Milpitas may be subject to additional regulations other than the standards detailed in this document. Because development projects throughout the City are unique by use, character, needs and geographic location, no single document or process can address all aspects of project design. Please refer to these documents for additional information and standards that may apply to specific or unique development contexts.

This list is not exhaustive, and applicants may be required to satisfy other standards during the time of development review. Where a conflict exists between the standards in this document and the Zoning Ordinance, this document shall prevail. Where a conflict exists between the standards in this document and Specific Plans, those Specific Plan regulations shall prevail.

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Milpitas Residential and Mixed-Use Objective Design Standards 4 • General Plan 2040
• Milpitas Zoning Ordinance
• Midtown Specific Plan (update pending)
• Metro Specific Plan (update pending)
• Bicycle/Pedestrian & Trails Plan
(update pending)
• Climate Action Plan (2013, update pending)
• Housing Element (2015, update pending)
• Parks & Recreation Master Plan (2021)
• Streetscape Master Plan (2000)
• Utilities Master Plan (update pending)

1.2 Organization of Object Design Standards
The Objective Design Standards are organized into a preamble, Purpose and Applicability and four sections: Site Planning, Site Design, Building Design, and Usable Open Space. The purpose outlines the high-level goals of the section and draws from Goals and Policies of the Milpitas General Plan 2040. Within each section, subsections organize one or more design standards that will regulate specific design guidance. The design guidance is provided for each subsection with an intent statement that outlines General Plan 2040 and other planning policies and specific intent of the standards that follow.

1.3 Applicability

1.3.1 Applicable Project Types
These Objective Design Standards apply to all new construction projects that meet the following criteria:

1. Multi-family projects. Defined as a project consisting of multifamily residential uses only with 2 or more Dwelling Units

2. Mixed-use projects, featuring a combination of residential and other uses. Defined as a project consistent of a mix of multifamily residential and nonresidential uses, where at least two-thirds of the square footage of the development is designated for residential use All other project types, including single-family homes, commercial-only projects, and interior renovations less than 30% of floor area are not subject to these objective design standards but must satisfy existing development standards in the Zoning Ordinance, and Specific Plan Guidelines (if applicable).

1.3.2 Design Standards by Building Type and Project Size The Objective Design Standards provide design standards based on the size of a project and building size. For “Large/Master Planned” projects (see definition below), unique Site Planning standards apply to ensure new large - scale development projects integrate within the fabric of the existing community, are designed to accommodate pedestrian access and activity, and encourage walkability. Specific Building Design standards are provided by the type and size of buildings. The applicability of the size-based standards is indicated in parentheses following the Design Standard’s title. The name and definition of project size and building types are as follows:

Large Sites/Master Planned Projects
• Sites greater than 5 acres, and
a. Any one of the following:
• Sites requiring subdivision (but not including subdivisions internal to buildings for condominium division):
a. Sites with a horizontal mix of uses; or
b. Development project including new public or private streets

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Milpitas Residential and Mixed-Use Objective Design Standards 5 Building Types
• (S) Small - House-like/Multiplex Buildings
a. Up to 3 stories
b. Maximum height of 35 feet
c. Building types include cottage clusters, duplexes, triplexes, fourplexes, or combinations of these types.
• (M) Medium – Middle Housing
a. Up to 4 stories
b. Maximum height of 45 feet
c. Building types include rowhouses, walk-up multi-plex buildings, garden style apartments • (L) Large – Mid-rise Buildings
a. Greater than 4 stories
b. Up to 90 feet in height
c. Occupied finished floor less than height of 75 feet
d. Building types include mid-rises, podium buildings, wrapped structures • (XL) Extra Large – High-rise Buildings
a. Any building greater than 90 feet in height.
b. Any building with an occupied finished-floor greater than 75 feet in height.

1.3.3 Special Conditions in Site Design
Section 3.9 provides specific Site Design standards for special conditions depending on adjacent conditions. These design standards supersede other design standards for the applicable condition listed. Special conditions consider adjacency to the following:
• Lower Density Development
• Major Roadways
• Freeways
• Railroads
• Natural Areas/Creeks/Channels

1.3.4 Exceptions and Exemptions
All applicable projects are required to comply with Objective Design Standards. Should a project not be able to or choose not to adhere to the Objective Design Standards, a project may seek approvals through the following paths:

1. Minor Exceptions and Exemptions. If an applicant is unable to meet certain Objective Design Standards, applicant may request up to three (3) exceptions/exemptions. This allows for limited discretionary review and flexibility for projects that may have a physical constraint or alternative architectural solution to specific standards. Direct of Planning will have full right to deny a project requesting these exceptions/exemptions.
a. Requests shall be made by the applicant in writing to the Director of Planning. 371
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Milpitas Residential and Mixed-Use Objective Design Standards 6 b. Applicants requesting an exception/exemption shall provide findings on how their project meets the Purpose and Intent statement for each topic where the exception/exemption is requested. c. Applicant shall document constraints to meeting the standard. d. Exceptions/exemptions from quantitative standards shall not deviant more than 10% plus or minus from the standard.

2. Discretionary Review Path. Applicant may choose the Discretionary Review Path if they choose not to meet the Objective Design Standards. The Discretionary Review Path voluntarily takes a project outside of requirements including time of review and limit on number of public meetings for projects seeking non - discretionary approvals based on SB330.
a. Applicant shall provide findings on how their project meets the Purpose and Intent statement for each Topic in ODS
b. Applicants may be subject review by the Planning Commission c. Applicants may be subject to community meetings

1.4 Definitions
Active Frontage: Active frontages are building frontages with active uses where there is a visual engagement between those in the street and those on the ground floor. Active uses are uses that generate many visits, in particular pedestrian visits, over an extended period of the day. Active uses may be shops, cafes, other social uses, and shared assessor spaces. Higher density residential and office uses also can be active uses for particular periods of the day by providing additional entries to individual units or ground floor office spaces Block Length: The length of parcel or series of parcel measuring from the edge of one public right -of-way or public access easement to another.

Building Façade Length: The overall length of a façade without a full break in the building.

Build-To-Zone: The area between the minimum and maximum setback lines within which a building’s front façade is to be located.

Chicane: A traffic calming measure that includes horizontal shift in the drive lane(s) that is meant to slow vehicle speeds.

Development Parcel: Any tract of land on which development can occur. This includes platted lots and un- platted parcels but excludes any public right-of-way.

Façade Plane: Any stretch of a building façade existing along the same axis line, regardless of pattern differentiation or change in rhythm.

Façade Composition: The expression of a façade through a variety of techniques such as forms, patterns, fenestration, elements, details, materials, texture, finishes, etc. Façade Composition is used to create the architectural character and design theme of a building.

Façade Modulation: A change in building plane though the recess or projection of sections of a façade with a minimum depth of 2 feet. Façade Modulation is used to shape a building’s exterior massing.

Foot-candle: A foot-candle is a non-SI unit of illuminance or light intensity. The foot-candle is defined as one lumen per square foot.
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Milpitas Residential and Mixed-Use Objective Design Standards 7 Human-Scaled Architecture: Building and urban design elements designed to meet the proportional, physical, and psychological needs of the human body. This could include creating a walkable block structure, architectural elements and details that are visible and perceivable to pedestrians, and building massing the reflects the rhythm, pattern, and size of interior spaces.

Landscaped Area: Surface area dedicated for planting of trees, shrubs, flowers, grass, ground cover, or other horticultural elements.

Mid-Block Connection: A public right-of-way or private land area with a public access easement that connects from one public right-of-way to another public right-of-way.

Pedestrian Pathway: A walkway or sidewalk that connects into or through a development.

Planter: An above grade container for planting.

Podium: The lower floors of a building that form the “base” of a building typically including a courtyard level above. Podiums typically include structured parking, a courtyard level above, a different and larger floorplate than floors above, and may be a different construction type than the rest of the building.

Podium Level: The level directly above the Podium. The Podium Level typically includes a courtyard, a smaller building area than the levels below, and a change in construction type.

Primary Building Frontage: The building frontage that abuts the most primary of streets, Pedestrian Pathway, or Mid-Block Connection surrounding the building. In the case of a through-lot, the primary building frontage could be on either public right-of-way.

Primary Building Entry: The entrance to a building typically leading to a lobby, courtyard or other large, shared space that is accessed from the primary building frontage.

Primary Façade Plane: Majority area of the façade that is in the same plane.

Private Street: Any street that is not owned by the City. Private streets often have public access easements to allow passage into or through a private development.

Publicly Accessible Open Space: Public Open Spaces that are provided on private property with a public access easement and most often built and maintained by a private entity.

Shared Street/Woonerf: A type of street that includes shared spaces between pedestrian and vehicles. These streets are meant for very low speeds and may not include curbs.

Sidewalk and Sidewalk Design Terms: Sidewalks are divided into three zones from the curb to the building face:

1. Landscape/Furniture Zone,

2. Pedestrian Clear Zone, and

3. Frontage/Setback Zone.

The Landscape/Furniture Zone is where street trees, traffic control devices, and lighting are located, and provides a buffer between where people walk and the street. The Pedestrian Clear Zone is where movement of people is the priority. Sidewalks or other hardscape surfaces meant for foot traffic are its defining component. Last is the Frontage/Setback Zone, which is on private property and provides a transition or buffer between buildings and the public realm and allows people to access buildings without interfering with pedestrian movement. Sidewalks 373
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Milpitas Residential and Mixed-Use Objective Design Standards 8 in public and private streets shall be designed in accordance with the zones illustrated in Figure 1 (Description of Zones) and Figure 2 (Illustrative Sidewalk Sections).

Figure 1. Description of Zones
Frontage Sidewalk Street
Building
Setback
Frontage
Area
Pedestrian
Clear Zone
Landscape/Furniture
Zone Vehicles/Bike Lanes
Mixed-Use
• Sidewalk Dining
• Outdoor Displays
• Public Art
• Seating
• Trees/Planting

Residential
• Stoops
• Porches
• Front Yards
• Trees/Planting
• Sidewalk

• Street Trees/Planting
• Street Lighting
• Seating
• Bike Parking
• Public Art
• Outdoor Dining
• Bus Shelters
• Utilities (e.g.,
hydrants)
• Street Parking
• Bike Lanes
• Drop-off Zones
• Parklets
• Bus Stops
• Railroad tracks

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Milpitas Residential and Mixed-Use Objective Design Standards 9 Figure 2. Illustrative Sidewalk Sections
Mixed-Use Frontage

Residential Frontage

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Milpitas Residential and Mixed-Use Objective Design Standards 10 2 SITE PLANNING
Purpose
• To provide standards for the public realm including sidewalks, streets, and publicly accessible open spaces. These spaces may be public or privately owned. • To set building standards and define building envelope • To provide standards to divide up large blocks and/or create planned communities with multiple buildings or parcels.

Intent
• To ensure walkability, connectivity, and appropriately scaled buildings by creating pedestrian- scaled blocks with streets, paths, and open spaces for people to gather and connect throughout the city.

2.1 Block Structure
Intent
• Integrate new large-scale development projects into the fabric of the existing community (LU 5-1)
• Reduced block size in new developments to develop a grid or modified grid network to enhance walkability (CIR 1-5)
• Provide pedestrian and vehicular connections with cross-access easements within and between the existing developments to encourage walking. (CD 10-11)

2.1.1 Maximum Block Length

1. All projects shall have maximum Block Length of 400 feet and a maximum perimeter length of 1,400 feet.

2. Existing, new, or assembled parcels or blocks with a Block Length greater than 400 feet shall provide at least one Mid-Block Connection that connects from one public right-of-way to another public right-of- way or public access easement.

3. Mid-Block Connections may be one of the following:
a. Public Street
b. Paseo/Pedestrian Path
c. Shared-Street/Woonerf
d. Private Street
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4. Mid-block Connections shall include Public Access Easements for all pedestrian pathways and vehicle lanes (if provided).

2.2 Mid-Block Connections
Intent
• Support a complete streets approach to designing new streets and retrofitting existing streets by encouraging streets to provide stimulating settings; improve safe walkability, bicycling, and transit integration; strengthen connectivity; and enhance community identity through improvements to the public right-of-way such as sidewalks, street trees, parkways, curbs, human-scaled street lighting, and street furniture. (CD 6-1) • Design private streets to appear and function like public streets. Include street trees and sidewalks and connect sidewalks to those located within the adjacent public rights-of-way. (CD 6-2)
• Within private developments that include multiple streets, encourage the construction of multi- use paths to provide direct pedestrian and bicycle linkages between streets and beyond the project.
(CD 10-10)

2.2.1 Mid-block Connections

1. Mid-block Connections shall be either a Paseo/Pedestrian Path, Shared Street/Woonerf, or P rivate Street and shall meet the standards below.

2. Mid-block Connections shall include public access easements and shall be privately maintained.

3. Public access easements shall cover all property between back-of-walk and all drive aisles.

4. Mid-block Connections shall meet all stormwater management and c.3 requirements.

2.2.2 Minimum Building Setbacks for private streets and publicly accessible pedestrian pathways

5. Primary building frontages for residential buildings shall be set back a minimum of 5 feet from a public access easement or back of pedestrian pathway, whichever is closer to the building frontage.

6. No building setbacks are required along alleys.
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2.2.3 Paseo/Pedestrian Path

1. Minimum width (building-to-building):
a. Minimum width of 20 feet for all conditions.
b. For any segment of a paseo/pedestrian paths with adjacent buildings greater than 35 feet in height, the building-to-building dimension shall exceed a average building height to width ratio of 1.5 to 1. (example: 35’ building height = 23.3’ path width; 65’ building height = 43.3’ path width). Minimum required building-to-building width shall not exceed 50 feet regardless of adjacent building heights.

1. Minimum Pedestrian Pathway width: 8 feet

2. Minimum public access easement width: 8 feet or 1/3rd of overall width, whichever is greater.

3. Diagrammatic section shows option for compliance:

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2.2.4 Shared Street/Woonerf

1. Minimum width (building-to-building):
a. Minimum width of 54 feet for all conditions.
b. For any segment of a shared street/woonerf with adjacent buildings greater than 35 feet in height, the building-to-building dimension shall exceed a minimum building height to width ration of 1.2 to 1. Minimum required building-to-building width shall not exceed 75 feet regardless of adjacent building heights.

2. Sidewalks:
a. Shall be located on at least one side of the street
b. Minimum of one sidewalk on one side of the street with a width of 12 feet including landscape/furniture zone area; minimum 6 feet pedestrian clear zone sidewalk width; minimum 5- foot-wide landscape/furniture zone area.
c. On side of the street where no sidewalk is provided adjacent to the through lane, a minimum 5- foot-wide planting area shall be provided between throughway and edge of easement.

3. Vehicle Access:
a. Vehicle throughway shall include two through lanes with a total minimum width of 18 feet* (*Fire Department requirements supersede minimum width standards) b. Vehicle access shall chicane (horizontal shift in throughway) at least once per every 150 feet of street length
c. If provided, parking/loading/flex lanes shall have a minimum width of 7 feet

4. Minimum public access easement width (if required):
a. 42 feet or from back-of-walk to back-of-walk

5. Diagrammatic sections shows option for compliance:

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2.2.5 Private Street

1. Minimum width (building-to-building), whichever is greater:
a. Minimum width of 54 feet for all conditions.
b. For any segment of a shared street/woonerf with adjacent buildings greater than 35 feet in height, the building-to-building dimension shall exceed a minimum building height to width ration of 1.2 to 1. Minimum required building-to-building width shall not exceed 75 feet regardless of adjacent building heights.

2. Sidewalks:
a. Shall be located on both sides of the street
b. Minimum 6 feet pedestrian clear zone sidewalk width

3. Landscape/furniture zone:
a. Shall be located on both sides of the street.
b. Minimum width of 6 feet
c. Shall be located in one of the following locations:
i.) Between the Pedestrian Clear Zone and curb; or
ii.) Within parking/loading/flex area if the planting areas are a minimum length of 6 feet and occur at a minimum of one per every 40 linear feet.

4. Vehicle Access:
a. Through lanes shall have minimum width of 9 feet*
(*Fire Department requirements supersede minimum width standards) b. If provided, parking/loading/flex lanes shall have a minimum width of 7 feet. c. Where provided, curbs shall be a minimum 6" in height. Rolled curbs are prohibited.

5. Minimum public access easement width (if required):
a. 44 feet or from back-of-walk to back-of-walk
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6. Diagrammatic sections showing options for compliance:

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2.3 Shared/Publicly Accessible Open Space (Large Sites/Master Planned Only)
Intent
• Promote vibrant, publicly accessible spaces that encourage gathering and other active uses.

Place a variety of uses adjacent to public spaces at sufficient concentrations to encourage the use of the spaces throughout the day and night. (CD 9-1) • Encourage the incorporation of publicly accessible spaces, such as plazas and pocket parks, into new and existing commercial, multi-family, and mixed-use developments to encourage social interaction. The spaces should be appropriately scaled and programmed and compliment the characteristics of the district and/or neighborhood and the surrounding development. (CD 9-3) • Configure buildings to provide “outdoor rooms,” including, but not limited to courtyards, paseos, and promenades. (CD 9-5)
• Maximize public exposure and view of park lands for scenic and security purposes. (CD 9-6)

2.3.1 Required Publicly Accessible Open Spaces

1. Shared Publicly Accessible Open Space shall be required for all Large Site/Master Planned Site projects.

These requirements are in addition to minimum Usable Open Space requirements provided in Section 5.2 or provided for in the Zoning Code. Publicly Accessible Open Space provided to meet the requirement below may be counted towards the Park and Open Space Requirements in Section XI-1-9 (Park Dedication) of the Milpitas Subdivision Ordinance (Title XI, Chapter 1) a. For projects with an average building height less than 45 feet, Publicly Accessible Open Spaces shall be equal to or greater than 5% of lot area.

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Milpitas Residential and Mixed-Use Objective Design Standards 17 b. For projects with an average height greater than 45 feet, Publicly Accessible Open Spaces shall be equal to or greater than 10% of lot area.

2.3.2 Minimum Design Requirements

1. Publicly Accessible Open Space shall include one contiguous open space that is equal to or greater than 1/3 of the required Publicly Accessible Open Space area.

2. Publicly Accessible Open Space shall have a minimum length and width of 40 feet.

4. A public access easement shall be provided for the entire Publicly Accessible Open Space .

5. Required building setback areas shall not be counted as Publicly Accessible Open Space.

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2.4 Services and Utilities (Large Sites/Master Planned Only)

2.4.1 Mail Delivery

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Milpitas Residential and Mixed-Use Objective Design Standards 19 3 SITE DESIGN
Purpose
• To set standards for building orientation, site access, landscaping, and utilities. • To enhance public safety through strategic environmental design • To define special conditions and set unique standards for these locations. • To define location and uses for active frontages.

3.1 Sidewalk Design
Intent
• Support a complete streets approach to designing new streets and retrofitting existing streets by encouraging streets to provide stimulating settings; improve safe walkability, bicycling, and transit integration; strengthen connectivity; and enhance community identity through improvements to the public right-of-way such as sidewalks, street trees, parkways, curbs, human-scaled street lighting, and street furniture. (CD 6-1) • Design sidewalks to create a safe, comfortable pedestrian experience by making sidewalks sufficiently wide to support circulation and outdoor activities related to adjacent land uses, planting a continuous trees canopy, and placing sidewalk furniture on regular, frequent intervals that do not impede travel or accessibility. (CD 10-4)

3.1.1 Effective Sidewalk Widths

1. For projects fronting a public street right-of-way, sidewalks shall meet the following standards:
a. Residential projects. A minimum effective sidewalk width of 12 feet with a minimum 6-foot-wide pedestrian clear zone and 5-foot-wide landscape/furniture zone. b. Mixed-use projects with ground floor commercial. A minimum effective sidewalk width of 15 feet with a minimum 9-foot-wide clear pedestrian zone and 5-foot-wide landscape/furniture zone.
c. Public Service Utilities Easement (PSUE). Where a PSUE exists on a property, developer shall work with City to determine how the PSUE will relate to Objective Design Standards. Generally, PSUE will take precedence over ODS.

2. If the existing public sidewalk does not meet this minimum standard, a public access easement in the setback area shall be granted to extend the sidewalk width to the required minimum dimensions.

3. Building setbacks shall be measured from back-of-walk or new back-of-walk (after dedication/easement).

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3.2.1 Building Frontages

1. Primary building frontages for all residential buildings or mixed-use buildings shall face a public sidewalk or publicly accessible pathway.

3.2.2 Pedestrian Connections

3.2.3 Building Setback/Build-to-Zone

Milpitas Residential and Mixed-Use Objective Design Standards 21 Building Type (see Section 1.3.a) Minimum percentage of the building frontage within the build-to-zone
Small (S) 50%
Medium (M) 60%
Large (L), Extra Large (XL) 60%
Mixed-Use with ground floor commercial
storefront frontages 70%

3.3 Building Setback Character

3.3.1 Landscaping

1. Required front setbacks shall provide a landscaped area to create a transition between public and private space. The following standards apply, based on intended use and exclusive of areas devoted to outdoor seating, front porches, door swings of building entries, and Publicly Accessible Open Space:
a. Ground floor storefront commercial uses shall have a minimum of 5% of the setback as landscaped area or planters.
b. Live/work and ground floor office uses shall have a minimum of 20% of the setback as landscaped area or planters.
c. Ground floor residential uses shall have a minimum of 40% of the setback as landscaped area or planters. Front setbacks that are 15 feet or greater shall include at minimum one tree per 40 linear feet of street frontage between the back of walk and building façade. Spacing of trees may vary. 387
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3.3.2 Encroachments

No more than 50% of the façade area may have these elements project into the minimum setback area.
b. Weather protection structures such as canopies, sunshades, or other similar features. The bottom of the architectural feature shall be no lower than eight feet above grade. c. Terraces, porches, or balconies.
d. Stoops and/or stairs to building entrances.
e. Handrails.
f. Fences that are no taller than 42 inches and at least 40% transparent, except where municipal code requires a higher transparency.
g. Landscape planters and low walls not exceeding 30 inches in height from sidewalk grade. h. Bicycle parking.
i. Permanent seating.
j. Public art.
k. Outdoor dining.

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3.4.1 Active Frontages (M) (L) (XL)
Active frontages are building frontages with active uses where there is a visual engagement between those in the street and those on the ground floor. Active uses are uses that generate many visits, in particular pedestrian visits, over an extended period of the day. Active uses may be shops, cafes, other social uses, and shared accessory spaces. Higher density residential and office uses also can be active uses for particular periods of t he day by providing additional entries to individual units or ground floor office spaces. Active frontages are specified below in Section 3.3.3.1.

3.4.1.1 Active Frontage Types

3.4.1.2 Active Frontage Requirements

1. Active Frontages are required for a minimum of 80% of each building façade facing a public street or publicly accessible pathway with adjacent Primary Building Frontages.

2. Active Frontages shall comply with the standards in Section 5.1 Ground Floor Design

3. Active Frontages and active use types may be further regulated by zoning, specific plans, development agreements, or other binding legislation.

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3.4.1.3 Minimum Depth of Active Uses

Milpitas Residential and Mixed-Use Objective Design Standards 25 f. Corner space: minimum 40 feet depth on all frontages

3.4.1.4 Finished Floor Heights of Active Uses

3.4.1.5 Variable Finished Floor Heights

1. To create a positive transition between the public and private realm, ensure privacy of residential units, and maintain “eyes on the street,” the finished floor of ground floor residential units, when adjacent to a public right-of-way, shall be within the minimum and maximum heights according to setback distance from back of walk identified in below. On sites with a cross slope greater than 2% along a building façade, the average height of the finished floor and back of walk shall be used. In flood zones, the minimum floor height shall be defined by the City's Floodplain Management Ordinance. Special conditions in Section 3.9 supersede this standard.

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3.4.1.6 Floor-to-Floor Heights of Active Uses

1. Active Frontage uses shall have a minimum floor-to-floor by use type as follows:
a. Storefront Commercial: 15 feet
b. Ground Floor Office: 12 feet
c. Live/Work: 12 feet

3.5 Access and Parking
Intent
• Locate site entries, parking areas, storage bays, and service areas of buildings to minimize conflicts with adjacent properties, especially residential neighborhoods. Also, parking, storage, and service areas should be sited to minimize their appearance from public rights-of-way. (CD 2-4)
• To minimize the visual impact of parking, loading and service areas, support pedestrian interest along public rights of way and other pedestrian ways, and minimize conflicts between pedestrians and vehicles along key streets.

3.5.1 Vehicle Access + Parking

3.5.1.1 Vehicular Access Hierarchy

1. Driveways shall be a minimum of 50 feet from any street intersection. For parcels less than 75 feet wide, driveways shall be located along the lot line farthest from the intersection.

3. Driveways shall be a minimum of 3 feet from a property line or include a shared driveway access with adjoining parcel.
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3.5.1.3 Limitation on Parking and Loading Frontage

1. Off-street parking, off-street vehicle loading, and vehicular circulation areas other than direct driveway access perpendicular to the street are prohibited between the building and street.

3. Entries to structure parking when combined with loading, and utility/service areas shall not exceed 30 feet in width. Vehicle entries shall not exceed 22 feet in width. Alley frontages exempt.

3.5.1.4 Screening for Structured Parking

Milpitas Residential and Mixed-Use Objective Design Standards 28

3.6 Landscaping
Intent
• Emphasize landscaping as a fundamental design component, retaining mature landscaping when appropriate, to reinforce a sense of the natural environment and to maintain an established appearance. (CD 1-6)
• Require setbacks and other design elements to buffer residential units to the extent possible from the impacts of abutting roadway. (CD 5-8)
• To use landscape design to create character and identity; enhance the appearance and function of outdoor spaces; encourage pedestrian activity; promote social interaction; enhance or integrate new natural systems; add shade to the urban environment; and provide stormwater management.
• Landscaping should feasibly further sustainability goals and incorporate solutions that are appropriate to the climate, region, and local conditions.

3.6.1 Bay Friendly Planting and Water Conservation

3.6.1.1 Drought-Tolerant Species

3.6.1.2 Turf and Synthetic Turf

3.6.2 Non-Plant Materials, Soil, and Mulch

3.6.2.1 Non-Plant Material

1. Crushed rock, mulch, pebbles, stones, and similar non-plant materials shall be allowed up to 50% of the total required landscaping.

3.6.2.2 Soil Depth

1. Planting in above grade courtyards shall have a minimum soil depth of 12 inches for ground cover, 20 inches for shrubs, and 36 inches for trees.

3.6.2.3 Mulch

1. Landscaped areas shall be top-dressed with a bark chip mulch or an approved alternative to avoid exposed bare soil.
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3.6.3 Parking Lot Landscaping

3.6.3.1 Surface Parking Landscape Design

1. A minimum of 15% of the total off-street open parking area shall be landscaped with a mixture of trees, shrubs, ground cover, and other plant material.

2. Tree wells shall have a minimum 5-foot dimension between parking spaces.

3. For residential parking, contiguous parking spaces shall not exceed 6 spaces without a tree well.

4. For commercial parking, contiguous parking spaces shall not exceed 8 spaces without a tree well.

3.6.4 Plant Size and Spacing

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3.7.1 Service Areas, Storage, Utilities, and Equipment

3.7.1.1 Utilities.

1. Utilities shall be placed in underground or subsurface conduits unless otherwise prohibited by the utility provider.

3.7.1.2 Location of Service Areas, Storage, Utilities, and Equipment.

1. All above-ground utilities and equipment (e.g., electric and gas meters, fire sprinkler valves, irrigation backflow prevention devices, etc.), service areas, and storage areas shall be integrated into building and landscape design and located to minimize impact on the pedestrian experience and neighboring properties by following the standards below:
a. Utilities and equipment, service, storage, and non-passenger loading areas shall be located inside buildings or on facades other than the Primary Building Frontage, along alleys, parking areas, and/or at the rear or side of building.
b. Utilities and equipment, service, storage, and non-passenger loading areas shall be consolidated in single area whenever possible. They shall not be located within minimum setback areas, along mid-block pedestrian connections, within 25 feet of open space areas, within the public right-of- way, and/or within 25 feet of a street corner.
c. Backflow preventors shall be located within landscaped setback areas and painted black or dark green to minimize visual impact. Where no landscaped setback areas exist the backflow preventors shall be incorporated into the front of the building to minimize visual obtrusiveness. d. Utilities and ground transformers/meters, mechanical equipment, service, storage, and non- passenger loading areas shall be fully screened from view per Standard 3.7.2.2 Service, Storage, Utilities and Equipment Screening.

3.7.1.3 Service, Storage, Utility, and Equipment Screening.

3.7.1.4 Location and Screening of Rooftop Equipment.

Mechanical equipment less than two (2) feet in height, solar panels, wind generators, or green roof features are exempt from these requirements.
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Milpitas Residential and Mixed-Use Objective Design Standards 31 a. Roof-mounted equipment and screening of roof-mounted equipment shall be stepped back from top of parapet a minimum of 10 feet from the parapet or roof edge. b. Roof-mounted equipment greater in height than the parapet wall shall be screened to a height equal to the height of the equipment.

3.7.1.5 Vents/HVAC

1. Wall vents shall be of equal width or centered on window, or wall vents shall be of same material as surrounding façade.

3.7.2 Waste Removal

1. This section applies to solid waste removal, which includes refuse, organic waste, and recycling areas not accessible to the public, and which are used exclusively by the tenants/owners of the development site. In addition to these standards, all development shall meet the Development Guidelines for Solid Waste Services. The provisions of this section do not apply to:
a. All non-residential developments.
b. Single-family or multi-family residential development projects that do not necessitate communal or shared trash and recycling areas/containers. In such cases, no enclosure structure shall be required, however individual trash and recycling containers shall be stored in such a manner that containers are not visible or screened from public view from the front of the property. Containers may be placed in public view for purposes of collection.

3.7.2.1 Location

3. The location of enclosures shall not conflict with circulation or parking conditions on site. A clear pathway with a minimum width of 3 feet shall be provided for tenant access to enclosure.

4. Refuse collection areas to the extent feasible shall be located as far as possible from the residential portion of mixed-use buildings and open space areas or located within the building. 397
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3.7.2.2 Exterior Trash and Recycling Enclosures

1. Exterior collection areas must be within an enclosure that meets the following standards and meet the guidelines in the Development Guidelines for Solid Waste Services:
(https://www.milpitas.gov/milpitas/departments/engineering/design-guidelines/) a. Enclosures shall be designed to include a concrete slab base that extends to the limits of the exterior on the sides and rear and extends beyond the service gates equal to the enclosure depth. b. Refuse, organic waste, and recycling containers located outside of primary building structures shall be enclosed within solid walls and include a roof. c. Enclosures shall fully screen containers and materials within. d. A pedestrian access and separate access for primary collection shall be provided. e. Enclosures shall be constructed of a primary exterior finish material used on other portions of the building, architectural grade wood or masonry, metal, or decorative block. f. Gates shall be solid metal painted to match the enclosure. g. Concrete curbs, bollards, or wheel stops shall be installed or constructed inside the enclosure to prevent bins from damaging the enclosure.

3.8.1 Nuisance Prevention

1. All outdoor lighting shall be designed, located, installed, directed downward or toward structures , fully shielded, and maintained to prevent glare, light trespass, and light pollution and away from adjoining properties and public rights-of-way, so that no light fixture directly illuminates an area outside of the project site intended to be illuminated.

2. All lights shall be directed, oriented, and shielded to prevent light trespass or glare onto adjacent properties. The light level at property lines shall not exceed 0.3 foot-candles.

3.8.2 Maximum Height

1. Freestanding outdoor light fixtures shall not exceed 16 feet in height.

3.8.3 Fixture Types

1. All luminaries shall meet the most recently adopted criteria of the Illuminating Engineering Society of North America (IESNA) for “Cut Off” or “Full Cut Off” luminaries.

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3.8.4 Minimum Lighting Requirements

Illumination shall not include low pressure sodium or similar lighting techniques.

3. Non-Residential Developments (or portions of a development). All exterior doors, during the hours of darkness, shall be illuminated with a minimum of one-quarter foot-candles of light.

3.8.5 Design of Fixtures

1. Fixtures on buildings shall be attached only to walls or eaves, and the top of the fixture shall not exceed the height of the parapet, roof, or eave of the roof.

2. Accent Lighting. Architectural features may be illuminated by up-lighting, provided that the lamps are low intensity, and fully shielded such that no glare or light trespass is produced.

3.8.6 Energy Efficiency

3.9 Standards for Special Conditions and Adjacencies
Intent
• Promote gradual transitions from high density development to surrounding low density neighborhoods in both building forms and land use. (LU 5-2) • Ensure that new development provides visual and pedestrian and bicycle linkages with local creeks. (CD 10-12)
• Accomplish sound attenuation for development along City streets using building placement and design rather than sound attenuation walls. When sound attenuation walls are located adjacent to expressways or freeways, or railroad lines, landscaping, public art, and/or an aesthetically pleasing and visually interesting design should be used to minimize visual impacts. (CD 6-15)

3.9.1 Adjacency to Lower Density Development

3.9.1.1 Applicability

1. Projects with a property line adjacent to R-1, R-2, and R-3 residential zones. Standards in this section supersede other Objective Design Standards.

3.9.1.2 Building Setbacks and Height Transitions

Milpitas Residential and Mixed-Use Objective Design Standards 34

2. Portions of the building with a height greater than 40 feet shall be set back a minimum of 40 feet from the shared rear property line and a minimum of 30 feet from a shared interior property line.

3. No portion of a building shall be within a 45-degree daylight plane measured perpendicularly from the shared rear property line from a height of 10 feet for the full length of the property line.

3.9.1.3 Planting

1. Rear and side yards shall be planted with a minimum of one tree per every 30 linear feet of shared property line. Spacing of trees may vary.

2. The maximum distance between two trees shall not be greater than 50 feet. Rear and side yards shall be planted with a minimum of three shrubs per 20 linear feet.

3.9.2 Adjacency to Major Roadways

3.9.2.1 Applicability

2. Projects shall conduct a noise study and construct a soundwall if required to mitigate noise.

3.9.2.2 Building Setbacks

1. All ground floor residential units shall be set back a minimum 40 feet from face-of-curb.

2. All residential units shall be set back a minimum 30 feet from face-of-curb. 400
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3.9.2.3 Residential Ground Floor Finished Floor Height

1. Ground floor residential units fronting a Major Roadway shall have an average finished floor height greater than 4 feet above top-of-curb elevation.

2. Ground floor residential units fronting a Major Roadway shall have a minimum finished floor height greater than 2 feet above top-of-curb elevation.

3.9.2.4 Planting

1. A double row of trees shall be planted between the building and the curb. Each row shall have a minimum of one tree per every 30 linear feet. Spacing of trees may vary.

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3.9.3 Adjacency to Freeways

3.9.3.1 Applicability

1. Projects adjacent to a freeway.

2. Projects shall conduct a noise study and construct a soundwall if required to mitigate noise.

3.9.3.2 Building Setbacks

1. Residential buildings shall be set back a minimum 60 feet from the edge of a freeway right-of-way.

3.9.3.3 Planting

3.9.4 Adjacency to Railroads

3.9.4.1 Applicability

1. Projects with a property line adjacent to a railway corridor.

2. Projects shall conduct a noise study and construct a soundwall if required to mitigate noise.

3.9.4.2 Building Setbacks

1. All residential buildings shall be set back a minimum 40 feet from the railroad right-of-way.

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3.9.5 Adjacency to Natural Areas/Creeks/Channels

3.9.5.1 Applicability

1. Projects with a property line adjacent to natural areas, creeks, and channels.

2. In addition to the standards below, project shall meet Valley Water’s Guidelines and Standards for Land Use Near Streams.

3.9.5.2 Building Setbacks

1. All buildings shall be set back a minimum of 40 feet from the top of the bank of channel.

3.9.5.3 Open Space and Public Access Easements

3.9.5.4 Planting

2. A minimum of 60% of the site area between buildings and the property line adjacent to the natural area, creek, or channel shall be landscaped.

3. Plantings shall be selected to support a Riparian Complex ecosystem and shall include a mix of the following:
a. Trees: Bigleaf maple, Boxelder maple, White alder, California sycamore, Fremont cottonwood , Red willow, Arroyo Willow; Shrubs/Small Trees; Blue elderberry, Red osier dogwood, California grape, California rose, Common snowberry, Hazelnut.
b. Herbaceous Understory: California blackberry, Common rush, Tall flatsedge, Virgin’s Bower, Seep monkeyflower.

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Milpitas Residential and Mixed-Use Objective Design Standards 38 4 BUILDING DESIGN
Purpose
• To set standards to refine the building massing and form through façade modulations • To set standards for transitions to lower scale development • To set standards for façade articulation to create human-scaled architecture. • To set standards to create visual interest and placemaking through building design Intent
• To mediate the scale, massing, and bulk of buildings to reflect a human scale and enhance the pedestrian experience through building modulation and reductions in mass of upper floors. • To create cohesive and well-crafted building façades with human-scaled details that provide visual interest to pedestrians, incorporate passive green design elements, and promote high- quality design.
• To guide building massing to respond to the scale of people and the building’s context; avoid overly massive or monolithic structures; and encourage variation on large façades to promote pedestrian interest.

4.1 Small and Medium Building Types

4.1.1 House-like/Multiplex (S)

4.1.1.1 Duplex (S) (2 units)
Duplexes are small house-like buildings with two units that may be stacked or side-by-side. The units may be accessed through a shared entry or individual unit entries.

4.1.1.3 Cottage Cluster (S) (3 or more units)
Cottage Clusters are composed of several attached or detached buildings configured around a central common open space. The common open space serves as a circulation space that opens onto a public -right-of-way. Cottage clusters feature 3 or more units, with individual entryways opening directly onto the central open space or directly onto the abutting right-of-way.

4.1.2 Middle Housing (M)

Milpitas Residential and Mixed-Use Objective Design Standards 39

4.1.2.2 Courtyard Housing (M) (3 or more)
Courtyard Housing is characterized as a building or series of buildings featuring a central, shared courtyard that is accessible by several attached units that can be arranged side-by-side or stacked. The courtyard represents a common open space that is oriented towards the public-right-of-way or designed as an interior space that utilizes side and rear setback areas. Courtyard Housing features between 3 or more units and can either feature individual entrances or shared entryways that open into the courtyard.

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4.1.3 Design Standards (S + M)

4.1.3.1 Development Standards Table

Small (S) Medium (M)
Duplex
(2du)
Triplex/
Fourplex
Cottage
Cluster Rowhouse Courtyard
(3+ du)
Multiplex
(5+ du)
Low-Rise
Multifamily

1. Building Massing
Building
Width
Maximum:
50 feet
Maximum:
60 feet
Maximum:
40 feet
Minimum: 16
feet
Maximum:
30 feet

Combined
Maximum:
160 feet
Maximum
Wing
Width:
40 ft
Maximum:
80 feet
Maximum:
200 feet

2. Usable Open Space*
Usable
Open
Space
per Unit
300 sf
(minimum)
200 sf
(minimum)
300 sf
(minimum)
200 sf
(minimum)
200 sf or
minimum
required by
zone;
whichever
is greater
50 sf per
unit or
minimum
required by
zone;
whichever
is greater.
150 sf per
unit or
minimum
required by
zone;
whichever is
greater
Usable
Open
Space
as
Private
Open
Space

100 sf per
unit
(minimum)
100 sf per
unit
(minimum)
100 sf per
unit
(minimum)
80 sf per
unit
(minimum)

50% of units:
50 sf per unit
(minimum)

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4.1.3.2 Façade Modulation and Articulation

2. Articulation. All building elevations that face a street, pedestrian pathway, or common open space shall employ varied façade articulation of wall surfaces. Facades shall incorporate at l east three of the following features, consistent in design style, which provide articulation and design interest:
a. Variation in texture or material, provided all exterior wall textures and materials are consistent with the overall architectural style of the dwelling.
b. Building base (typically bottom three feet) that is faced with a stone or brick material or is delineated with a channel or projection.
c. Railings with a design pattern and materials such as wood, metal, or stone which reinforces the architectural style of the building.
d. Decorative trim elements that add detail and articulation, such as door surrounds with at least a two-inch depth, decorative eave detailing, belt courses, etc. e. Decorative window elements such as, lintels, shutters, window boxes, etc.; and f. Roof overhangs at least 18 inches deep.

4.1.3.3 End Units

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4.1.3.4 Entries

1. For multifamily residential buildings with up to 8 units and not exceeding 40 feet in width, the Primary Building Entry may be located on the side of the building not facing the public right -of-way if a publicly accessible pedestrian pathway connects directly to a forecourt or front porch with a minimum dimension of 6 feet.

4.1.3.5 Parking + Access

1. Front-loaded parking for (S) and Rowhouse Building Types:
a. Garage doors that face the street shall not occupy more than 50% of the width of any street - facing building façade. This limitation does not apply to frontages along alleys b. Garage door shall be located a minimum 5 feet behind Primary Façade c. Shall have a unit entry that fronts a publicly accessible sidewalk or pedestrian pathwa y

4.1.3.6 Open Space Quality

Flex-space is a hard-surface, multi-use outdoor area that may simultaneously provide vehicle access and maneuvering, common open space for residents, and pedestrian access. Flex -space shall not be used for private or shared surface parking. Flex-space may not be located in required interior setback areas.
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3. Middle Housing (M)
a. Projects exceeding 20 units shall provide a minimum of one Common Open Space with minimum dimension of 40 feet by 40 feet.
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4.2 Large and Extra-Large Building Types

The design standards meant to create a holistic approach to building design and build on one another with different design strategies being able to meet multiple standards.

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4.2.1 Massing and Form (L) (XL)

4.2.1.1 (L) Maximum Building Length

1. Buildings shall not exceed 380 feet in length or width.

4.2.1.2 Upper Floor Mass Reductions (L) (XL)

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4.2.1.3 (XL) High-rise Buildings

4.2.1.3.1 Maximum Floorplate

1. For portions of a building above 8 stories in height, the maximum floor area per floor shall not exceed 16,000 sf.

4.2.1.3.2 Maximum Building Length

1. Portions of a building above 8 stories in height shall not exceed 160 feet in length.

4.2.1.3.3 Tower Separations for High-rise Buildings

4.2.2 Façade Modulation

4.2.2.1 Major Vertical Façade Modulation

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Milpitas Residential and Mixed-Use Objective Design Standards 47 c. If a building requires additional major breaks, they shall be a minimum 25 feet wide and 20 feet deep.

d. A major break may extend to the corner of a building with a maximum width of 50 feet.

e. A major break shall extend from the finished ground floor through the full height of the building including breaking the roof plane.

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4.2.2.2 Minor Vertical Façade Modulation

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Milpitas Residential and Mixed-Use Objective Design Standards 49 iv. A minor break shall extend from the top of the ground floor through the full height of the building including breaking the roof plane.

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Milpitas Residential and Mixed-Use Objective Design Standards 50 b. Vertical Rhythm and Pattern: Façade planes exceeding 40 feet in length shall express a vertical rhythm and pattern that reflects the size and scale of a residential unit and/or individual rooms and spaces through meeting the following standards:
i. A vertical recess or projection shall occur at a minimum of 1 per 40 feet of linear façade length.
ii. Vertical recess or projection shall have a minimum depth of 6 inches. iii. Shall occur for a minimum of 60% of the residential façade height. c. Minor Modulations.
i. Projection or recess with a minimum depth of 2 feet, minimum width of 8 feet, and spans a minimum of 60% of the façade height.
ii. At least one projection or recess shall occur every 40 feet.

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4.3 Façade Design (L)(XL)
Intent
• To create cohesive and well-crafted building façades with human-scaled details that provide visual interest to pedestrians, incorporate passive green design elements, and promote high- quality design.
• Encourage architectural elements that contribute to a building’s character, aid in climate control, and enhance pedestrian scale. (CD 11-4)
• Where a vertical mix of uses occurs, retail, restaurants, and other active uses should be located on the ground floor, with residential and/or office uses above. Also, encourage complementary architectural detailing that differentiates each use. (CD 3-12)

4.3.1 Façade Composition

Milpitas Residential and Mixed-Use Objective Design Standards 52 b. Each distinct façade compositions shall meet the Variation in Façade Composition Standards (4.3.3) to be distinct from the other façade composition.

4.3.2 Base/Middle/Top

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Milpitas Residential and Mixed-Use Objective Design Standards 53 Example Diagrams of Base/Middle/Top Standards

Variation in Façade Composition A Datum Lines

Variation in Façade Composition B Upper Floor Step Backs

Distinct Roof Form

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Milpitas Residential and Mixed-Use Objective Design Standards 54

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Milpitas Residential and Mixed-Use Objective Design Standards 55

4.3.2.1 Building Base

4.3.2.2 Building Top

1. a change in material from the façade

1. Variation in roof/building height shall occur for a minimum 30% of the Building Façade Length.

2. Change in roof/building height shall be a minimum of 2 feet of change from Primary Façade.

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Milpitas Residential and Mixed-Use Objective Design Standards 56

4.3.3 Variation in Façade Composition

4.3.3.1 Variation in type of building modulation (minimum of one, if option selected)

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Milpitas Residential and Mixed-Use Objective Design Standards 57

b. Change in roof/building height shall be a minimum of 4 feet of change from Primary Façade. 423
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Milpitas Residential and Mixed-Use Objective Design Standards 58

4.3.3.2 Variation in Type of Façade Articulation (minimum of one, if option selected)

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Milpitas Residential and Mixed-Use Objective Design Standards 59

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Milpitas Residential and Mixed-Use Objective Design Standards 60

4.3.3.3 Variation in Fenestration

1. Variation in at least 2 of the following on the primary façade:
a. Fenestration size
b. Proportions
c. Pattern
d. Depth or projection

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Milpitas Residential and Mixed-Use Objective Design Standards 61

4.3.3.4 Variation in Materiality

1. Variation in 2 of the following on the primary façade:
a. Façade material
b. Material size
c. Texture and pattern
d. Color

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Milpitas Residential and Mixed-Use Objective Design Standards 62 5 BUILDING ELEMENTS

5.1.1 Building Entries (M)(L)(XL)

5.1.1.1 Primary Building Entry

1. The Primary Building Entry for multifamily buildings shall face a public right-of-way or a publicly accessible pedestrian pathway.

2. Primary building entries shall be scaled proportionally to the number of people served . Building entries inclusive of doorway and adjacent façade plane shall meet the following minimum width and depth from Primary Façade dimensions:
a. Individual residential entries: See Section 5.2
b. Multifamily entries (9 or more units): width: 10 feet; depth: 3 feet c. Upper floor commercial entries: width: 15 feet; depth; 5 feet

3. Primary entries for multifamily entries (9 or more units) and commercial entries shall have a minimum 60% transparent glazing between 3 and 7 feet in height for the required entry width.

Milpitas Residential and Mixed-Use Objective Design Standards 63

5.1.1.2 Storefront/Retail Entries

1. Entry doors shall have a minimum width of 3 feet.

2. Primary entries shall be setback a minimum 3 feet from back of walk or the minimum depth necessary to prohibit door swings from entering public right-of-way or effective sidewalk width.

3. Primary entries shall include weather protection that is a minimum 6 feet wide and 4 feet deep by recessing the entry, providing an awning, or using a combination of these methods.

5.1.1.3 Individual Residential Unit Entries

2. Ground floor residential entries shall be designed to section 5.2 Residential Entry Types standards.

5.1.2 Ground Floor Façades

5.1.2.1 Ground Floor Storefront/Retail Façades

1. Storefront/retail façades shall have a minimum 60% transparent glazing between 1.5 and 7.5 feet in height.

2. Transparent glazing shall be maximum 15% reflective, visible light transmittance greater than 80%, and without tint or coloration in the glass substrate.

3. Bulkheads and solid base walls: If provided, shall measure between 12 and 30 inches from finished grade .

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Milpitas Residential and Mixed-Use Objective Design Standards 64

5.1.2.2 Ground Floor Non-residential Façades

1. Façades shall have a minimum 50% transparent glazing between 3 and 7.5 feet in height above finished floor.

2. Transparent glazing shall be maximum 50% reflective, visible light transmittance greater than 80%, and without tint or coloration in the glass substrate.

5.1.2.3 Ground Floor Residential Façades

1. Façades shall have a minimum 30% transparent glazing between 4 and 7.5 feet in height above finished floor.

2. Transparent glazing shall be maximum 50% reflective, visible light transmittance greater than 80%, and without tint or coloration in the glass substrate.

5.2.1 Stoop Entry

1. Stoops shall provide entry access for a maximum of two units.

2. Stoop heights shall be within 1 step of finished floor height of adjacent unit.

3. Stoop entry landings shall be a minimum 4 feet in depth and width.

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Milpitas Residential and Mixed-Use Objective Design Standards 65

5.2.2 Porch Entry

1. Porches shall provide entry access for a maximum of one unit.

2. Porches shall have a minimum dimension of 6 feet in depth and width.

3. The maximum porch floor height from the back of sidewalk grade shall be 5 feet.

5.2.3 Dooryard/Patio Entry

1. Patio entries may serve up to two units; and

2. Patio area shall have a minimum dimension of 8 feet in depth and width.

Milpitas Residential and Mixed-Use Objective Design Standards 66 c. A metal, wood, or stone wall not to exceed 36 inches in height located between the sidewalk and the patio that assists with defining the edge between public and private space with a gate or wall opening to provide access to the pedestrian route between the pedestrian way an d the front door. A minimum 18-inch landscape strip shall be located between the wall and the abutting pedestrian way and entirely landscaped with ground cover, shrubs or other landscape living plant material.

5.2.4 Terrace:

1. A Terrace may serve multiple unit entries.

2. The maximum Terrace height shall be 30 inches above the grade of the back of the adjacent sidewalk or accessway.

3. Pedestrian paths at terrace level shall have a minimum width of 42 inches.

4. Walls, fences, and hedges on Terraces shall be a maximum of 42 inches tall and have a minimum transparency of 40%.
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Milpitas Residential and Mixed-Use Objective Design Standards 67

5.2.5 Frontage Court:

1. A Frontage Court may serve multiple unit entries.

2. The minimum Frontage Court width along a primary frontage shall be 25 feet.

3. The maximum Frontage Court width along a primary frontage shall be 50% of the façade length or 80 feet, whichever is less.

4. The minimum Frontage Court depth shall be 25 feet.

5. The maximum Frontage Court depth shall be 50 feet or a ratio not to exceed 2:1 depth to width.

6. The maximum height of the Frontage Court shall not exceed 5 feet above sidewalk grade.

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Milpitas Residential and Mixed-Use Objective Design Standards 68

5.3.1 Fenestration Design: All fenestrations shall meet the following standards:

1. Windows shall be recessed a minimum of 2 inches. Façades or portions of façades utilizing a curtain wall are exempt from this standard.

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Milpitas Residential and Mixed-Use Objective Design Standards 69

5.4.1 Green/Productive Roofs:

Milpitas Residential and Mixed-Use Objective Design Standards 70 ii. Landscaping shall configure plantings in multi-layered clusters, placing groundcover, shrub, and tree canopy layers in the same area to provide vertical structure. Target an overlap of 2-3 layers of native vegetation for >75% of the planting area. b. Tree selection and placement. All green roof tree selection and placement shall satisfy the following standards regarding size and stability.
i. Root Structure. Tree species with deep taproots or invasive root tendencies are not permitted.
ii. Root anchoring. All trees shall be anchored at the root ball in accordance with wind shear, pressure, and suction capacity of the associated soils. c. Soils. Varied topography, soil materials, and soil textures are critical in supporting more diverse plantings, pollinators, and a greater range of ecological functions. Engineered soil shall be placed at varying depths to mimic the natural undulation of native habitat. Deep green roof soils (≥ 6 in.) increase the potential for healthy long-lived plantings and associated enhanced biodiversity. Deeper soil helps to reduce root zone temperature extremes, retain moisture, and support more diverse invertebrate populations. Green roof soil depth shall satisfy the following requirements to support healthy native plants.
i. General native plant support standards for soil depths are as follows:

1. ≥ 6” for herbaceous plants

2. ≥ 10” for small woody shrubs

3. ≥ 18” for large woody shrubs

4. ≥ 30” for small trees

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Milpitas Residential and Mixed-Use Objective Design Standards 71

5.5.1 Allowed Building Materials

2. Prohibited Siding Materials. Plywood, vinyl, plastic (and plastic laminate), and fiberglass, shall be prohibited siding materials.

3. Building Component Colors. All vents, gutters, downspouts, flashing, electrical conduits, etc., shall be painted to match the color of the adjacent surface.

4. Signage. Signage shall meet requirements of Milpitas Signage Ordinance.

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Milpitas Residential and Mixed-Use Objective Design Standards 72 6 USABLE OPEN SPACE
Intent
• To create well designed common and private open spaces that serve multiple purposes, encourage gathering, improve the health and wellness of residents, and embraces nature in our built environment.

6.1 Rules for Distribution of Open Space

6.2 Open Space Types

6.2.2 Common Open Space
This section applies to private common open space in residential subdivisions (including rowhouses), multi-family residential projects, and residential mixed-use projects. Private common open spaces are outdoor open spaces that are shared and accessible only to building residents and their visitors. Common open spaces may include courtyards, gardens, play areas, outdoor dining areas, recreational amenities, and rooftop open spaces. Spaces may be provided that do not meet the standards below, but they may not be counted toward the required Usable Open Space.
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Milpitas Residential and Mixed-Use Objective Design Standards 73

6.2.3 Private Open Space
This section applies to personal private open space in multi-family residential and residential mixed-use projects. Private open space areas are intended for private use for each dwelling unit and may include balconies (covered or uncovered), private gardens, private yards, terraces, decks, and porches, among others. Spaces may be provided that do not meet the standards below, but they may not be counted toward the required Usable Open Space.

Milpitas Residential and Mixed-Use Objective Design Standards 74 e. Patios shall have a minimum floor area of 64 square feet. f. Floor to ceiling height shall have a minimum dimension of 8.5 feet. g. May be covered but not fully enclosed.
h. Ground level private open space shall be screened or buffered from adjacent private or common open space and dwellings by landscaping, fencing, walls, trellises, or other screening elements. 440
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RESOLUTION NO. 22-024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MILPITAS RECOMMENDING THAT THE CITY COUNCIL ADOPT THE MILPITAS RESIDENTIAL AND MIXED-USE OBJECTIVE DESIGN STANDARDS WHEREAS, in 2017, the State of California Legislature passed, and Governor Newsom signed Senate Bill 35 (Wiener). Senate Bill 35 authorizes a development proponent to submit a planning application for a multifamily housing development, which satisfies specified planning objective design standards, that is subject to a streamlined, ministerial approval process. The bill declares that access to affordable housing is a matter of statewide concern and aims to address streamlining and increasing affordable housing development; and WHEREAS, under Senate Bill 35, jurisdictions that have insufficient progress toward their very low- and low-income Regional Housing Needs Allocation are subject to the streamlined ministerial approval process for proposed developments with at least 50 percent affordability; and WHEREAS, the City has made insufficient progress towards its very low- and low-income Regional Housing Needs allocation and is subject to the Senate Bill streamlined ministerial approval process for proposed developments with at least 50 percent affordability; and WHEREAS, in 2019, the State of California Legislature passed, and Governor Newsom signed Senate Bill 330 (Skinner). Senate Bill 330 makes numerous changes to the Permit Streamlining Act and the Housing Accountability Act (Senate Bill 35) to create a new preliminary application process, streamline the permit review process, and limit the standards and policies that a local jurisdiction can apply to housing developments; and WHEREAS, Senate Bill 330 prohibits local jurisdictions from conducting more than five hearings on a housing development project that complies with objective general plan and zoning standards and criteria; and WHEREAS, Senate Bill 330 prohibits local jurisdictions from requiring a housing development project to rezone the property if it is consistent with objective general plan and zoning standards and criteria; and WHEREAS, Government Code Section 65589.5 as esidential units only. (B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use. (C) T; and WHEREAS, Government Code Section 65589.5 defines personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development ; and 441
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Resolution No. 22-024 Page 2 WHEREAS, the Milpitas General Plan provides the following goals and policies: Policy LU-5: Ensure that new development is compatible with existing development in order to maintain a high quality of life for residents, while supporting successful business operations. Policy CD-1: Strengthen -quality community form, natural landscape, and character. Policy CD-2: Ensure project designs reinforce a sense of place, display design excellence, and are cohesive and sensitive to the surrounding built environment and natural landscape. Policy CD-10: Design buildings, sites, and streets to enhance pedestrian and bicycle mobility. Policy CD-11: negative environmental impacts and utilizing resources efficiently. WHEREAS, the City currently does not have objective and quantifiable design standards for new housing development projects; and WHEREAS, the City wishes to adopt the Milpitas Residential and Mixed-Use Objective Design Standards to streamline housing approvals and accelerate housing production by providing clarity and certainty in design decisions and to eliminate unnecessarily burdensome review in the permitting process in line with State and City goals pursuant to Senate Bill 35, Senate Bill 330, and the Milpitas General Plan; and WHEREAS, on May 26, 2020, the California Department of Housing and Community Development (HCD) notified staff that the City would receive $310,000 in grant funding through Bill 2); and WHEREAS, the Planning Grant Program is a one-time component of Senate Bill 2 that, among other provisions, provides financial and technical assistance to local governments to prepare, adopt, and implement plans and process improvements that streamline housing approvals and accelerate housing production; and WHEREAS, the City is using the grant funding to create land use and zoning tools to addressing critical housing needs. Developing the Milpitas Residential and Mixed-Use Objective Design standards is one of the three key tasks being funded as part of this effort; and WHEREAS, the Milpitas Residential and Mixed-Use Objective Design Standards providing detailed architectural and general development standards to facilitate high-quality, attractive developments and protect existing neighborhoods; and 442
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Resolution No. 22-024 Page 3 WHEREAS, the Milpitas Residential and Mixed-Use Objective Design Standards utilize a holistic approach and cover topics including block structure, building orientation, open space and landscaping, access and parking, building lengths, upper floor mass reductions, major and minor breaks in the building façade, awnings and canopies, window design and pattern, and building materials; and WHEREAS, the Milpitas Residential and Mixed-Use Objective Design Standards balance objectivity with flexibility by establishing unique requirements for each building type, addressing special circumstances, providing multiple options for compliance, and establishing a clear process for requesting and approving minor exceptions and exemptions; and WHEREAS, the Planning Department solicited public input in developing the Milpitas Residential and Mixed-Use Objective Design Standard using a public-facing fact sheet posted on the Planning Department webpage, working sessions with City staff, and stakeholder meetings with developers and community members including formal presentations at two Community Development Roundtable meetings hosted by the City and an online meeting with members of the Milpitas Involved Citizens group. The Milpitas Residential and Mixed-Use Objective Design Standards were also available for public comment from July 19th to August 20th; and WHEREAS, the Milpitas Residential and Mixed-Use Objective Design Standards is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) and as a separate and independent basis Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning); and WHEREAS, on October 12, 2022, the Planning Commission held a duly noticed public hearing on the Milpitas Residential and Mixed-Use Objective Design Standards, at which all those in attendance were given the opportunity to speak on the item; and WHEREAS, the Planning Commission has considered all the written and oral testimony presented at the public hearing in making its decision. 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 Commission. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference. 443
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Resolution No. 22-024 Page 4 SECTION 2: The Planning Commission of the City of Milpitas hereby adopts Resolution No. 22-024 recommending that the City Council adopt the Milpitas Residential and Mixed-Use Objective Design Standards, which is attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Milpitas on October 12, 2022. Bill Chuan, Chair 444
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Resolution No. 22-024 Page 5TO WIT:I HEREBY CERTIFYthat the following resolution was duly adopted at a regular meeting of the Planning Commission of the City of Milpitas on October 12, 2022 and carried by the following roll call vote: COMMISSIONER AYES NOES ABSENT ABSTAINBill ChuanLarry CiardellaMercedes AlbanaAlexander GalangDipak AwasthiZeya MohsinSonia Medina-Ashby 445
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Envelope Id: 674A8D5AC4F449209E5E855CFFFAB393 Status: CompletedSubject: Complete with DocuSign: Attachment A - PC Resolution 22-023- Denial 101022_CEQA rev.pdf, Attach...Source Envelope: Document Pages: 8 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 Elizabeth MedinaAutoNav: EnabledEnvelopeId Stamping: EnabledTime Zone: (UTC-08:00) Pacific Time (US & Canada)455 E Calaveras BlvdMilpitas, CA [email protected] Address: 50.59.22.2Status: Original October 13, 2022 | 11:46Holder: Elizabeth Medina [email protected]: DocuSignChair Bill [email protected] Level: Email, Account Authentication (None) Signature Adoption: Drawn on DeviceUsing IP Address: 67.188.2.13Signed using mobileSent: October 13, 2022 | 11:50Viewed: October 13, 2022 | 13:26 Signed: October 13, 2022 | 13:27 Accepted: October 13, 2022 | 13:26 ID: 91cb65ae-5abc-4045-974f-175ef29b3257Avery [email protected] Level: Email, Account Authentication (None) Sent: October 13, 2022 | 13:27Viewed: October 13, 2022 | 13:43 Accepted: April 12, 2021 | 18:35 ID: b96a6b7c-b48f-4555-8b5e-3ad49059ed2eNed [email protected] DirectorSecurity Level: Email, Account Authentication (None) Sent: October 13, 2022 | 13:27 Accepted: November 20, 2020 | 14:26 ID: 2f80a7d7-fefe-455e-8c09-345195680c19 446
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Jay [email protected] Level: Email, Account Authentication (None) Sent: October 13, 2022 | 13:27 Accepted: April 27, 2022 | 15:56 ID: e10f7119-e66e-45ec-a542-c3aec05bcd13Envelope Sent Hashed/Encrypted October 13, 2022 | 11:50Certified Delivered Security Checked October 13, 2022 | 13:26Signing Complete Security Checked October 13, 2022 | 13:27Completed Security Checked October 13, 2022 | 13:27 447
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Item # 17.

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Item # 17.
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Item # 17.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve Revisions to the Speed Hump City Council Policy (Staff Contact: Steve Chan, Transportation and Traffic Manager, 408-586-3324) Category: Community Services and Sustainable Infrastructure Meeting Date: 11/1/2022
Recommendation: Approve Revisions to the Speed Hump City Council Policy.

BACKGROUND:

The City Council adopted a Speed Hump installation policy on October 21, 1997. A Speed Hump is a parabolic vertical traffic calming device intended to slow vehicle speed. Installation is appropriate for residential streets with low traffic volumes and lower speed. Speed Hump installation is designed to improve roadway safety for motorists, pedestrians, and bicyclists.

Under the 1997 policy, residents requesting installation of a Speed Hump would submit a request to the City’s Engineering Department for review. The request would be analyzed using the following criteria:

1. Street(s) have a demonstrated speeding problem that persist after non-structural means such as increased traffic enforcement or use of radar speed feedback signage.

2. The street is a city owned residential street and not a private street.

3. The street has a 25-mph speed limit, and a longitudinal slope less than 5%.

4. The identified street(s) reflect traffic counts greater than 750 vehicles per day (vpd).

5. At least one neighborhood meeting has been conducted, and the request is supported by a majority (greater than 70%) of residents on the street.

On May 18, 2022, the Speed Hump policy was presented to the Transportation Subcommittee. Staff was requested to review policies of other agencies and to recommend changes to the Milpitas policy to be more in- line with other agencies. Staff presented the recommend Speed Hump policy changes to the Transportation Subcommittee for consideration on October 12, 2022, and the Subcommittee recommended the policy changes be presented to the full Council.

ANALYSIS:

As presented to the Transportation Subcommittee on October 12th, the Milpitas Speed Hump policy differs from neighboring cities in the level of resident support required for Speed Hump installation. Whereas the Milpitas policy requires that greater than 70% resident support is required, the Cities of San Jose, and Sunnyvale policies only require greater than 50% resident support, and Palo Alto’s policy requires 67% support.

Lowering the required resident support threshold to a simple majority of residents greater that 50%, like the San Jose and Sunnyvale policies, would make it easier for Speed Hump installation to occur. In addition, it is recommended that the Milpitas policy be modified to require that residents within 20 feet of the proposed Speed Hump location must support the installation due to the potential for Speed Hump generated traffic noise.

The redlined policy revision (attached) is presented in the new City Council format, including formalized purpose, definition, and procedures that were previously informally in place, and the recommended policy changes are shown below in bold:

1. The street(s) identified in the request have a demonstrated speeding problem that has persisted after implementation of non-structural traffic calming means such as increased police traffic enforcement and use of radar speed feedback signage.

2. The street(s) are city-owned, residential, and are not private streets. 451 Item # 18.

3. The street(s) have a 25-mph prima facie speed limit and have slopes less than 5%.

4. The identified street(s) have traffic counts greater than 750 vehicles per day (vpd).

5. Installation of Speed Hump(s) shall be supported by a simple majority (greater than 50%) of households on the affected street(s).

6. All households located within 20 feet to the proposed Speed Hump shall support the installation.

These policy changes are consistent with best practices, and they would allow the City to be more responsive to requests for installation of Speed Humps. The installation of new Speed Humps authorized by the City Council would be coordinated and funded through the City’s annual Street Resurfacing projects subject to annual appropriation of funds.

POLICY ALTERNATIVE:

Alternative: Do not revise the City’s Speed Hump installation policy Pros: The cost to install Speed Humps is approximately $10,000 per each Speed Hump and there are future maintenance costs associated with their installation. Reducing the number Speed Humps installed would save City funding for more significant transportation related improvement projects. Maintaining the current policy where it requires greater than 70% resident support for Speed Hump installation would save city funding.

Cons: The greater than 70% resident approval threshold requirement of the current policy may be difficult to achieve and could result in Speed Hump installation requests to not being approved.

Reason for Not Recommending: Changing the Milpitas policy to require that resident support for Speed Hump installation be greater than 50% would align the Milpitas policy to that of San Jose and Sunnyvale and would make it easier to approve requests for Speed Hump installations.

FISCAL IMPACT:

There is no immediate fiscal impact associated with this proposed policy change. Resident requests to install new Speed Humps that meet this policy would be brought to the City Council for approval on a by case basis.

The installation of new Speed Humps would be coordinated and funded through the City’s annual Street Resurfacing projects subject to annual appropriation of funds.

California Environmental Quality Act (CEQA):

A policy revision is not a project and therefore is not subject to CEQA.

RECOMMENDATION:

Approve revisions to the Speed Hump City Council Policy

Attachment(s):

Revised Speed Hump City Council Policy

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Item # 18.

CITY OF MILPITAS
Revision Date
1 CITY COUNCIL POLICY

Page 1 of 2 ends

1. PURPOSE

1.1. The City Council recognizes that traffic calming measures such as the installation of Speed Humps can benefit residential neighborhoods in the City.

1.2. This Policy establishes a review process for requests to install Speed Hump(s) on city-owned residential streets.

2. POLICY
Installation of Speed Humps on city-owned residential streets shall meet the following conditions:

2.1. The street(s) identified in the request have a demonstrated speeding problem that has persisted after implementation of non-structural traffic calming means such as increased police traffic enforcement and use of radar speed feedback signage.

2.2. The street(s) are city-owned, residential, and are not private streets.

2.3. The street(s) have a 25-mph prima facie speed limit and have slopes less than 5%.

2.4. The identified street(s) have traffic counts greater than 750 vehicles per day (vpd).

2.5. Installation of Speed Hump(s) shall be supported by a significant majority (greater than 70%) simple majority (greater than 50%) of households on the affected street(s).

2.6. All households located within 20 feet of the proposed Speed Hump shall support the installation.

3. DEFINITION(S)

3.1. A Speed Hump is a parabolic vertical traffic calming device intended to slow traffic speeds on low-volume, low-speed roadways. Speed hump installation is appropriate for residential streets.

4. PROCEDURE(S)

4.1. Speed Hump installation requests may be submitted to the Engineering Department, Traffic Engineering Section, (408) 586-3324.

4.2. Staff reviewing requests for new Speed Hump(s) installation shall:

4.2.1. Collect vehicle volume and speed data for the requested street for 1-week duration.

4.2.2. Confirm the 85th percentile of vehicle speed data exceeds 25 mph.

4.2.3 Confirm traffic count data is greater than 750 vehicles per day. If the 85th percentile of vehicle speed data is less than 25 mph, and/or the measured traffic volume is less than 750 vpd, staff will inform the requesting party that the request for speed hump installation does not meet the requirements of this Policy and will not proceed.

Policy No:

Click or tap here to enter
text.

Speed Hump Policy Effective Date:
10/21/1997
Revision No:
1 Policy Administrator:

Engineering

Next Review Due:

Click or tap to enter a
date.

Related Policies and
Procedures:

Click or tap here to enter
text.

Approved by:

Date Approved:

Click or tap to enter a
date.
453
Item # 18.

CITY OF MILPITAS
Revision Date
Original 10/21/1997

POLICY Name / POLICY #

Page 2 of 2 ends

4.2.4 Where data shows speeds exceed 25-mph, staff will deploy non-structural traffic calming measures including temporary radar speed feedback signs and/or increased police traffic enforcement for a 1-week duration.

4.2.5 Collect new vehicle speed data on the requested street for a 1-week duration following implementation of non-structural traffic calming measures.

4.3 If the 85th percentile for vehicle speed data collected after implementing non-structural traffic calming measures is less than 25-mph, staff informs the requesting party that the request for speed hump installation does not meet the requirements of this Policy and will not proceed.

4.4 If the 85th percentile of vehicle speed data collected after implementation of non-structural traffic calming measures exceeds the 25-mph threshold, staff will:

4.4.3 Identify an appropriate location for the new speed hump(s) and signage.

4.4.4 Conduct at least one neighborhood meeting to confirm that the request for speed hump(s) installation is supported by greater than 50% of the households on the requested street.

4.4.5 Confirm that households located within 20 feet of proposed new speed hump(s) support the installation.

4.4.6 Present the request for speed hump(s) installation to the City Council for consideration and approval.

4.5 Follow Council approval, staff will coordinate the installation as part of the annual Street Resurfacing Program subject to annual appropriation of funds.

454
Item # 18.

November 1
, 2022

City Council Meeting

Presentations

Item No.
16 :

Approval of 5
-
Year Plan for the Permanent Local Housing
Allocation

Program and Submittal of Funding Application

Item

No.

17 :

Milpitas Residential & Mixed
-
Use Objective Design
Standards

Item No. 18: Approve Revisions to the Speed Hump City Council Policy

Item No. C8: Approve and Authorize the City Manager to Execute a Professional Services Agreement with SCI Consulting Group for Storm Drain Fee Analysis Services

Milpitas City Council Meeting
Item #16: Approval of 5
-
Year Plan for the
Permanent Local Housing Allocation
Program
and Submittal of Funding Application
November 1, 2022
City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.milpitas.gov
408
-
586
-
3000
2 Background
In 2017, Governor Brown signed Senate Bill 2
Building Homes and Jobs Act
Created a recording fee, of which 70% of revenue
will go to locally administered affordable housing
Permanent Local Housing Allocation (PLHA)
Funding will help cities and counties
•
Increase the supply of housing;
•
Assist persons experiencing or at risk of homelessness; and •
Ensure geographic equity in the distribution of funds
3 Available Funding
2022 Notice of Funding Availability (NOFA) released:

August 17, 2022
Deadline to Apply
:

November 30, 2022
The City of Milpitas is an entitlement jurisdiction
Five
-
year Plan estimate (2019
-
2023): $
1,431,570
City of Milpitas
-
2019, 2020, and 2021 allocation
total: $1,017,554
4 Steps to Receiving Entitlement
To be eligible for its entitlement, the City Council
must adopt a Resolution:
•
Approving the five
-
year Plan
•
Authorizing the submittal of the 2019, 2020, and 2021
funding application
The City will apply to the CA Department of Housing
and Community Development (HCD)
After approval, HCD will send the City a five
-
year
Standard Agreement to be executed and signed
within 90 days
5 Eligible PLHA Funding Activities
PLHA has 10 eligible activities:
•
Only a few could be implemented under the short time
frame allotted for the City of Milpitas
•
Examples include assisting persons who are experiencing or at risk of homelessness
Staff recommends using the 2019, 2020, and 2021
PLHA entitlement:
•
Workforce Housing Rental Assistance Program (WHRAP)
•
Homeless Engagement and Access Team (HEAT)
6 PLHA Rent Relief Guidelines
Households receiving assistance must be funded for
a minimum of 6 months
WHRAP would function similarly to voucher system:
•
Offset a specific amount of rent paid by the tenant, but not the entire rent
Households must be at or below 30% of the Area
Median Income
7 HCD Income Limit
Person(s) in
Household
1 2
3 4
30% AMI
$35,400
$40,450
$45,500
$50,550
Person(s) in
Household
5 6
7 8
30% AMI
$54,600
$58,650
$62,700
$66,750
8 Lottery Preferences
Staff will utilize a lottery system to randomly select
eligible households transparently and equitably
Preferences to be given to the following individuals:
•
Work for the Milpitas Unified School District
•
Work for City of Milpitas
•
Work in the Hospitality Industry
•
Milpitas Residents
•
Any other areas of Council interest
Staff recommends WHRAP be open to Milpitas
residents, but residency not be required
9 Funding Application
•
Total Allocation: $1,017,554
eligible households
transparently and equitably
•
Administration Fee (5%): $50,877.70
•
Subtotal: $966,676.30
•
HEAT Allocation (20%): $193,335.26
•
WHRAP Allocation (80%): $773,341.04
10 Projected Assistance Example
PLHA Allocation
Households
Assisted
Months
Assisted
Benefit per Mo
$
773,341.04
20 24
$1,611.13
$
773,341.04
30 24
$1,074.08
$
773,341.04
40 24
$805.56
$
773,341.04
50 24
$644.45
Total
Allocation
$1,017,554.00
Total Admin Fee (5%)
$50,877.70
Subtotal
$966,676.30
HEAT Allocation (20%)
$193,335.26
WHRAP Allocation (80%)
$773,341.04
11 Next Steps
Council to adopt resolution
•
Feedback on number of households assisted
•
Fiscal agent consideration
Staff will submit 2019, 2020, and 2021 funding
application
•
HCD to approve application:
•
If approved, HCD will send the City a Standard Agreement •
Signed and Executed within 90 days
PLHA Allocation Percentages
•
Extend HEAT contract (20%)
•
Create and launch WHRAP (80%)
12 Recommendation
Adopt Resolution authorizing the funding application to the PLHA program, approving a five
-
year Plan for the PLHA program
formula allocation of an estimated for $1,431,570 for the City of Milpitas, authorizing the receipt of the PLHA grant, and certifying to the California Department of Housing and Community
Development compliance with the PLHA program requirements.

City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.milpitas.gov
408
-
586
-
3000

Milpitas City Council Meeting
Item #17: Milpitas Residential &
Mixed
-
Use Objective Design
Standards
November 1,
2022
City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.milpitas.gov
408
-
586
-
3000

OBJECTIVE STANDARDS
PC/CC Hearings | October/November 2022
City of Milpitas

ODS Process
Research
and
process
review
ODS
Framework
ODS Admin
Drafts +
Review
ODS
Public Draft
Public
Comment
Final
Adoption
August ‘22
October/November ‘22
May ‘21
April ‘21
Jan ‘22
Project Background

Housing Accountability Act
–
SB 330
–
SB 35
–
AB 2161

Cannot deny or reduce density of housing projects

Require expedited processing of qualifying projects

Establish a clear and impartial approval process
for
multi
-
family housing projects

Facilitate context
-
appropriate, high
-
quality design by
establishing
objective development and design standards
for
residential projects

Bring
consistency and clarity
to project review and permitting

Eliminate
subjectivity and personal judgment
by providing
consistent and uniform language

Protect the City
from legal challenges and court
-
imposed fines
for wrongful denial of housing projects
Goals
Subjective vs Objective Language

Approach to Objective Standards
Working Across Scales
Holistic Approach To Objective Standards

Ensure compatibility between existing neighborhoods and new development 
Promote high quality site and building design

Emphasize pedestrian
-
scale neighborhoods and buildings with a mix of uses
ODS Table of Contents
Table of Contents
1 Purpose and Applicability
Design Standards by Building Type and Project Size
Exceptions and Exemptions
2 Site Planning

2.1 Block Structure

2.2 Mid
-
Block Connections

2.3 Shared/Publicly Accessible Open Space (Large Sites/Master Planned Only)

2.4 Services and Utilities
3 Site Design

3.1 Sidewalk Design

3.2 Building Orientation

3.3 Building Setback Character

3.4 Ground Floor Uses

3.5 Access and Parking

3.6 Utilities, Service Areas, and Building Equipment

3.7 Landscaping

3.8 Site Lighting

3.9 Standards for Special Conditions and Adjacencies
4 Building Design

4.1 Small and Medium Building Types

4.2 Large and Extra
-
Large Building Types

4.3 Façade Design (L)(XL)
5 Building Elements

5.1 Ground Floor Design

5.2 Residential Unit Entry Types

5.3 Fenestration Design

5.4 Building Materials
6 Usable Open Space

6.1 Rules for Distribution of Open Space

6.2 Open Space Types
Key Design Standards

All projects shall have maximum
Block Length
of 400 feet and a
maximum perimeter length of 1,400 feet.

Mid
-
block Connections
shall include Public Access Easements for
all pedestrian pathways and vehicle lanes (if provided) Site Planning
|
Maximum Block Length
Intent
•
Integrate new large
-
scale
development projects into the
fabric of the existing community
(LU 5
-
1)
•
Reduced block size in new
developments to develop a grid or
modified grid network to enhance
walkability (CIR 1
-
5)
•
Provide pedestrian and vehicular
connections with cross
-
access
easements within and between
the existing developments to
encourage walking. (CD 10
-
11)

For projects with an average height less than 45 feet,
Publicly
Accessible Open Spaces
shall be equal to or greater than 5% of lot
area

For projects with an average height greater than 45 feet, Publicly
Accessible Open Spaces
shall be equal to or greater than 10% of lot
area
Site Planning
|
Shared/Publicly Accessible Open Space
Intent

Promote vibrant, publicly accessible spaces
that encourage gathering and other active
uses. Place a variety of uses adjacent to
public spaces at sufficient concentrations to
encourage the use of the spaces throughout
the day and night. (CD 9
-
1)

Encourage the incorporation of publicly
accessible spaces, such as plazas and pocket
parks, into new and existing commercial,
multi
-
family, and mixed
-
use developments
to encourage social interaction. The spaces
should be appropriately scaled and
programmed and compliment the
characteristics of the district and/or
neighborhood and the surrounding
development. (CD 9
-
3)
(Large Sites/Master Planned Only)


Projects with a property line adjacent to R
-
1, R
-
2, and R
-
3 
Interior and rear yard setback greater than or equal to the required setback of the adjacent zone

Portions of the building with a height greater than 40 feet shall be set back a minimum of 40 feet from the shared rear property line and a minimum of 30 feet from a shared interior property line. 
Rear Yard: 45
-
degree daylight from a height of 10 feet
Site Planning
|
Adjacency to Lower Density Development
Intent

Promote gradual transitions
from high density
development to surrounding
low density neighborhoods in
both building forms and land
use. (LU 5
-
2)

Building Design
Purpose

Refine the building massing and form through façade modulations 
Establish transition to lower scale development

Create human
-
scaled architecture.

Create visual interest and placemaking
Intent

To mediate the scale, massing, and bulk of buildings to reflect a human scale and enhance the pedestrian experience through building modulation and reductions in mass of upper floors. 
To create cohesive and well
-
crafted building façades with human
-
scaled details that provide visual
interest to pedestrians, incorporate passive green design elements, and promote high -
quality design.

To guide building massing to respond to the scale of people and the building’s context; avoid overly massive or monolithic structures; and encourage variation on large façades to promote pedestrian interest.

Building Design
|
Large + Extra Large Building Types


Buildings shall not exceed 380 feet in length or width. 
Upper Floor Mass Reductions (choose 1)

Building floorplates located at a height 6 stories or greater shall have a floor area less than 75% of the ground floor area or the building floor area of the Podium Level, whichever is less or; 
Stepped back façade of floors above 6 stories for a minimum 60% of dimension of all façades facing a public right
-
of
-
way, private street, or publicly accessible pedestrian pathway. Step back shall be a minimum of 6 feet in depth.

Building Design
|
Massing and Form

Exterior facing building facades shall meet the following standard for Major Break(s):
(a) Building shall have
a major break at least every 150 feet
of building length.
(b) The first major break required shall be a minimum 20 feet wide and 10 feet deep. (c) If a building requires additional major breaks, they shall be a minimum 25 feet wide and 20 feet deep.

Building Design
|
Façade Modulation, Major Breaks

Façade planes shall choose
one of the following
:
(a) Minor Breaks:

Façade planes shall not exceed 100 feet in length
as measured from façade break (major or minor) to façade break or corner of a building.

minimum 2 feet deep, minimum 4 feet wide (max 25 feet)

extend from the top of the ground floor through the full height of the building including breaking the roof plane.
(b) Vertical Rhythm and Pattern:

Façade planes exceeding 40 feet
in length shall express a vertical rhythm and pattern that reflects the size and scale of a residential unit and/or individual rooms and spaces through meeting the following standards:

recess or projection shall occur at a minimum of 1 per 40 feet of linear façade length.

minimum depth of 6 inches.

minimum of 60% of the residential façade height.
(c) Minor Modulations:

minimum depth of 2 feet, minimum width of 8 feet

spans a minimum of 60% of the façade height.

At least one projection or recess shall occur every 40 feet.

Building Design
|
Façade Modulation, Minor Breaks


Each building façade greater than 100 feet in length shall include a minimum of two distinct façade compositions. For every
additional 100 feet of building façade, an additional distinct façade composition is required.

Each distinct façade composition shall have a total combined façade area greater than 10% of the overall façade area.

Each distinct façade compositions shall meet the Variation in Façade Composition Standards (4.3.3) to be distinct from the other façade composition.

Building Design
|
Façade Composition
Intent

To create cohesive and well
-
crafted building
façades with human
-
scaled details that
provide visual interest to pedestrians,
incorporate passive green design elements,
and promote high
-
quality design.

Encourage architectural elements that
contribute to a building’s character, aid in
climate control, and enhance pedestrian
scale. (CD 11
-
4)

Where a vertical mix of uses occurs, retail,
restaurants, and other active uses should
be located on the ground floor, with
residential and/or office uses above. Also,
encourage complementary architectural
detailing that differentiates each use. (CD
3 -
12)


Ground Floor Storefront/Retail Facades

Storefront/retail façades shall have a minimum 60% transparent glazing between 1.5 and 7.5 feet in height.

Ground Floor Residential Entries

Minimum dimensions and standards
Building Design
|
Ground Floor Design
Intent

To create inviting and interesting
ground floors that enhance the
pedestrian realm and to create
places for people to gather and
spend time outdoors.

To create a transition between
public and private space.

Private entries into ground floor
residential units shall be
designed to provide human
-
scaled detailing and enhanced
pedestrian experience.

Building Design
|
Variation in Façade Composition
Building Modulation
Façade Articulation
Fenestration
Materiality
Variation in type of building
façade modulation patterns
and form
OR
Variation in roof/building
height
Variation in horizontal and/or
vertical recesses or projections
•
Size
•
Proportions
•
Pattern
•
Depth or projection
Variation in at least 2 of the
following on the primary
façade:
•
fenestration size,
•
proportions,
•
pattern,
•
depth or projection
.

Variation in 2 of the following
on the primary façade:
•
façade material,
•
material size,
•
texture and pattern, color.

A variation in
Façade Composition
shall include a variation in
at least two of the following
:

Usable Open Space may be provided as Publicly Accessible Open Space, Common Open Space, or Private Open Space.

For (L) and (XL) projects, a minimum of 30% of
required Usable Open Space shall be Common Shared
Open Space.

Publicly Accessible Open Spaces greater than 5,000 sf
in continuous area may count as 1.2 times the amount
of required common shared open space.

Minimum Standards are included for

Publicly Accessible Open Space

Common Open Space

Private Open Space
Usable Open Space
Intent

To create well designed common and
private open spaces that serve multiple
purposes, encourage gathering, improve
the health and wellness of residents, and
embraces nature in our built environment.

Application
SB 330
Project
ODS
Process
Application/
Checklist
Approvals
Discretionary
Process
Application
Design
Review
Planning
Commission
Approvals
Review Process
SB330 Project
. Staff Level Approval.

No personal or subjective judgment by a public official.

Limited discretion, up to 3 waivers from standards for consideration by the City. Waivers shall be documents and not deviate more than 10% from standards. Projects shall meet intent of each standard.

Optional Discretionary Review Path
. Design Review Proces
s, may involve Planning
Commission.

Applicant shall provide findings on how their project meets the Purpose and Intent statement for each Topic in ODS.

Next Steps
PC Recommendation:

On October 12, 2022, passed Resolution No. 22
-
024, recommending
that the City Council adopt the Milpitas Residential and Mixed -
Use Objective Design
Standards, by a 7
-
0 vote
Staff Recommendation
: Staff recommends that the City Council a
dopt a resolution to
approve the Milpitas Residential and Mixed
-
Use Objective Design Standards.

Today’s Actions
Research
and process
review
ODS
Framework
ODS Admin
Drafts +
Review
ODS
Public Draft
Public
Comment
Final
Adoption
August ‘22
October/November ‘22
May ‘21
April ‘21
Jan ‘22
City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.milpitas.gov
408
-
586
-
3000

Milpitas City Council Meeting
Item #18: Approve Revisions to the Speed
Hump City Council Policy
November 1, 2022
City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.milpitas.gov
408
-
586
-
3000

2 Background
Speed Humps are Traffic Calming measures designed to
improve roadway safety for motorists, pedestrians, and
bicyclists.

The City’s Speed Hump Policy was adopted by Council on
October 21, 1997, to be applied on residential streets with a 25 -
mph speed limit.

City Council referred the
existing Policy to the
Transportation
Subcommittee for review.

The Subcommittee met on
May 18 and October 12,
2002
3 Current Speed Hump Policy
The policy outlines
requirements
to be met to determine the
appropriateness of speed hump installation:
•
The street(s) have a demonstrated speeding problem that has persisted after implementation of non
-
structural traffic calming
means such as increased police traffic enforcement and use of radar speed feedback signage.
•
Street(s) are city
-
owned, residential, and not private.
•
They have a 25
-
mph prima facie speed limit, have slopes less
than 5%, and traffic counts greater than 750 vehicles per day (
vpd
).
•
Installation of Speed Hump(s) shall be supported by a significant majority (greater than 70%) of households on the affected street(s).
4 Speed Hump Policy Comparison

SIMILARITIES

DIFFERENCES
Documented speed and safety
concerns
Required community support within
the block:
•
San Jose: greater than 50%
•
Sunnyvale: greater than 50%
•
Palo Alto : greater than 67%
•
Santa Clara: greater than 70%
•
Milpitas: greater than 70%
Installation only on residential streets
with 25 mph speed limit
San Jose, Santa Clara, and
Sunnyvale require that a
ll
households adjacent to speed
humps
must provide
support.

Speed hump consideration if non
-
structural traffic calming measures have
been tried and are ineffective
Community petition and engagement
5 Proposed Policy Revision
The Transportation Subcommittee requested the following policy revisions be brought to the City Council for
consideration.
•
The street(s) have a demonstrated speeding problem that has persisted after implementation of non
-
structural traffic calming
means such as increased police traffic enforcement and use of radar speed feedback signage.
•
The street(s) are city
-
owned, residential, and not private.
•
They have a 25
-
mph prima facie speed limit, have slopes less
than 5%, and have traffic counts greater than 750 vehicles per day (
vpd
).
•
Installation of Speed Hump(s) shall be supported by a
significant majority (greater than 70%)
simple majority (50%)
of
households on the affected street(s).
•
All households located within 20 feet of the proposed Speed Hump shall support the installation.
6 Summary of the Recommended Policy
Revision
The proposed changes include a simple majority (+50%) support threshold and require households most impacted by speed hump noise to support installation.

The proposed changes would allow the city to be more responsive to requests for installation of Speed Humps.

These changes are consistent with recommended best practices.

Staff supports the requested changes and there is no immediate fiscal impact associated with the recommended policy changes.

The installation of new Speed Humps would be coordinated and funded through the City’s annual Street Resurfacing projects subject to annual appropriation of funding.
7 Recommendation
Approve Revisions to the Speed Hump City
Council Policy
City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.milpitas.gov
408
-
586
-
3000

1 Milpitas City Council Meeting
Item # C8 : APPROVE AND AUTHORIZE THE

CITY MANAGER TO EXECUTE A

PROFESSIONAL SERVICES AGREEMENT WITH

SCI CONSULTING GROUP FOR

STORM DRAIN FEE ANALYSIS SERVICES
November 1, 2022

2 Storm Drain System
The Milpitas Storm Drain system consists of 112 miles of pipeline, 3500 drain inlets and 13 pump stations. Its purpose is to collect surface stormwater runoff and efficiently convey this stormwater to the Bay.

Regulation and permitting of the system is by the San
Francisco Bay Regional Water Quality Control Board.

Emphasis is placed on minimizing pollutants flowing through the System and ultimately into the Bay.
3 Storm Drain Financials

Budgeted operating amount for FY23 approx. $1M.

As the system ages, and future capital costs are added, annual costs approach $5M.

Exclusive funding source for system is General Fund.
4 Storm Drain Revenue Sources
Include (but not limited to)

1. Parcel Tax

2. Transient Occupancy Tax

3. Sales Tax

4. Balloted and Non
-
Balloted Property Related Fees

5. Benefit Assessments
There are specific requirements for each source with varying benefits and challenges.
5 Storm Drain Fee Analysis
Purpose of recommendation is to:

1. Evaluate potential funding sources

2. Determine revenue requirements for operation,
regulatory compliance and improvements

3. Educate and survey community to understand priorities and support

4. Ultimately complete a process that allows the system to be self funded for operation and/or regulatory
compliance and/or improvements
6 Storm Drain Fee Project
Organized into three milestone presentations for Council consideration.

Direction received will either stop or continue the project. 7 Storm Drain Fee Draft Schedule
2 Data Collection & Doc Review
3 Funding Options
4 Revenue Requirement Analysis
5 Community Survey
6 Fee Report
7 Prop 218 Fee Implementation
8 Community Outreach
Legend:

Task Work
Council
Revised October 2022
Jul 24
Jun 24
Dec 23
Jan 24
Feb 24
Ma r 24
Apr 24
Ma y 24
Jun 23
Jul 23
Aug 23
Sep 23
Oct 23
Nov 23
Apr 23
Ma y 23
Nov 22
Dec 22
Ja n 23
Feb 23
Ma r 23

8 SCI Consulting Group

1. Ranked #1 of the three firms that submitted.

2. Multiple successful balloted property related storm drain fees a.

City of Cupertino
b.

City of Alameda
c.

City of Davis

Milpitas City CouncilNovember 1, 2022

Milpitas City Council
November 1, 2022