Agenda packet — Milpitas City Council, November 15, 2022 (part 1 of 2)

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL

November 15, 2022 Milpitas City Council Agenda Page 1

AG E N D A
TUESDAY, NOVEMBER 15, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 7:00 PM (PUBLIC BUSINESS)

For assistance in the following languages, you may call:

Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072
The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.

You may watch the Council meeting without providing public comment by accessing it via links here.

Meeting shall be livestreamed - Go to:

Facebook: https://www.facebook.com/CityofMilpitas/
YouTube: https://www.milpitas.gov/youtube
Web Streaming: https://www.milpitas.gov/webstreaming

PUBLIC COMMENT INSTRUCTIONS
Oral public comments may be provided live during the City Council meeting in person or by registering for the zoom meeting in advance. To register you will need to provide an email address (not disclosed) and a name. To minimize technical difficulties, please make sure that you have the latest version of the Zoom Application. Below is the link to register for this meeting only:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_vUur-ru0RAKutjFF-7ys-g After you register a link will be sent to you to join the City Council meeting in order to give your comments.

All registered meeting attendees who wish to speak must click on the “raise hand” icon when the Mayor calls for public comments. If participating by calling in on your phone, dial *9 to use the “raise hand” feature, and when you are called upon, hit *6 to unmute your phone. Your phone number will be displayed in the live meeting. The Mayor will call the speakers to begin.

All comments provided shall be limited to three minutes or less as determined by the Mayor. All members of the public will be limited to one comment per agenda item, and one comment for non-agenda items.

MILPITAS CITY COUNCIL CODE OF CONDUCT
 Be respectful and courteous (words, tone, and body language).  Model civility.
 Avoid surprises.
 Praise publicly and criticize privately.
 Focus on the issue, not the person.
 Refrain from using electronic devices while on the Council dais.  Disclose conflicts of interest and affiliations related to agenda items.  Separate governing from campaigning.
 The Council speaks with one voice after making policy on issues.  Respect the line between policy and administration.
 Council will hold one another accountable to comply with this Code of Conduct.

1 November 15, 2022 Milpitas City Council Agenda Page 2

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (7:00 PM)

PLEDGE OF ALLEGIANCE
INVOCATION (Mayor Tran)
PUBLIC FORUM (7:05 PM)
Those in the audience and via Zoom are invited to address City Council on any subject not on tonight’s agenda. In-person speakers wishing to address the Council are requested, but not required to complete a Speaker Card and submit it to the Mayor. In-person speakers will then be asked to come up to the podium and state their name for the record. Those interested in speaking via Zoom may do so by following the instructions on page one (1) of the agenda. Comments may be limited to three (3) minutes or less at the Mayor’s discretion. As an item not listed on the agenda, no response is required from City staff or the Council and no action can be taken. The City Council may instruct the City Manager to place the item on a future meeting agenda.

NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (7:10 PM)
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items at this time. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as to whether to direct the City Manager to place the item on a future meeting agenda. If a majority of the City Council agrees to place an item on a future meeting agenda, the City Manager shall place the item on a future agenda for City Council discussion.

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS

READING OF THE CITY COUNCIL CODE OF CONDUCT

APPROVAL OF AGENDA
CONSENT CALENDAR (7:15 PM)
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.

C1. Receive City Council Calendar of Meetings for November and December 2022 (Staff Contact:

Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendar of Meetings for November and December 2022.

C2. Approve City Council City Council Regular Meeting Minutes of November 1, 2022 (Staff Contact:

Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Approve City Council Regular Meeting minutes of November 1, 2022.

C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.

C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
2 November 15, 2022 Milpitas City Council Agenda Page 3

Recommendation: Review the list of items that have been requested by City Councilmembers and provide direction to staff as necessary. No substantive discussion about any specific item shall occur and the City Council shall hold all debate about the item until it is scheduled as a full agenda item.

C5. Approve City Council Meeting Schedule for 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Approve the 2023 Milpitas City Council meeting schedule, with any changes requested at the City Council meeting.

C6. Consider the Recommendation from Mayor Tran for Appointments to City Commissions (Contact: Mayor Tran, 408-586-3029)
Recommendation: Receive the recommendation from Mayor Tran and approve appointments to City Commissions.

C7. Reconfirm Findings and Determinations Under Resolution No. 9165 and Assembly Bill 361 for the Continuation of Virtual Meetings of the City Council and Legislative Bodies (Staff Contact:

Michael Mutalipassi, City Attorney, 408-586-3040)
Recommendation: Move to reconfirm findings and determinations under Resolution No. 9165 and Assembly Bill 361 for the continuation of virtual meetings of the City Council and Legislative Bodies.

C8. Approve and Authorize the City Manager to Execute a Four-Year Agreement with CivicPlus for the CivicEngage Municipal Website Platform (Staff Contact: Daniel Nam, Information Technology Director, 408-586-2712)
Recommendation: Approve and authorize the City Manager to execute a four-year agreement with CivicPlus for the CivicEngage Government Website Platform for a total not to exceed contract amount of $200,000.00, in final form to be approved by the City Attorney.

C9. Waive the Second Reading and Adopt Ordinance No. 38.848 Amending Sections of Chapter 10 (Zoning), Title XI of the Milpitas Municipal Code Relating to Definitions and Regulations for Personal and Commercial Service Land Uses (Staff Contact: Ned Thomas, Planning Director, 408-586-3273)
Recommendation: Move to waive the second reading and adopt Ordinance No. 38.848 amending sections of Chapter 10 (Zoning) of Title XI of the Milpitas Municipal Code relating to definitions and regulations for commercial service land uses
C10. Approve and Authorize the City Manager to Execute a Stormwater Management Facilities Operation and Maintenance Agreement between the City of Milpitas and Toll West Coast, LLC for the Parkside Project at 1980 and 1992 Tarob Court and 551 Lundy Place (Staff Contact: Steve Erickson, Engineering Director / City Engineer, 408-586-3301; and Roberto Alonzo, Principal Civil Engineer, 408-586-3316)
Recommendation: Approve and authorize the City Manager to execute a Stormwater Management Facilities Operation and Maintenance Agreement between the City of Milpitas and Toll West Coast, LLC for the Parkside Project at 1980 and 1992 Tarob Court and 551 Lundy Place.

C11. Approve and Authorize the City Manager to Execute the Improvement Agreement with Satpreet Singh Thind and Jaspreet Kaur Thind, for Completion of Offsite Public Improvements Located at 250 Piedmont Road Associated with Site Development Permit (SD19-0004) (Staff Contact:

Roberto Alonzo, Principal Civil Engineer, 408-586-3316) 3 November 15, 2022 Milpitas City Council Agenda Page 4

Recommendation: Approve and authorize the City Manager to execute the improvement agreement with Satpreet Singh Thind and Jaspreet Kaur Thind, for completion of offsite public improvements located at 250 Piedmont Road associated with Site Development Permit (SD19-0004).

C12. Award and Approve a 5-Year Professional Services Contract with Fireworks and Stage Effects America, LLC for the Annual 4th of July and Annual Lunar New Year’s Fireworks Shows for a Not-to-Exceed Amount of $140,510.00 (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Recommendation: Award and authorize the City Manager to execute the five-year professional services agreement with Fireworks and Stage Effects America, LLC for Annual 4th of July and Annual Lunar New Year pyrotechnical services for the not-to-exceed amount of $140,510.00.

C13. Review and Accept the 2022 Legislative Season Outcome Report (Staff Contact: Walter C.

Rossmann, Deputy City Manager, 408-586-3012)
Recommendation: Review and accept the 2022 Legislative Season Outcome Report.

C14. Adopt a Resolution Appointing Roger Lee as Interim Public Works Director (Staff Contact:

Jeannine Seher, Human Resources Director, 408-586-3086) Recommendation: Adopt a resolution appointing Roger Lee as Interim Public Works Director in accordance with California Government Code Sections 7522.56 and 21221(h) and approve, and authorize the City Manager to execute, an employment agreement with Roger Lee.

C15. Adopt a Resolution Appointing Liz Brown as Interim Human Resources Director (Jeannine Seher, Human Resources Director, 408-586-3086)
Recommendation: Adopt a resolution appointing Liz Brown as Interim Human Resources Director in accordance with California Government Code Sections 7522.56 and 21221(h) and approve, and authorize the City Manager to execute, an employment agreement with Liz Brown.

C16. Appointment of City Council Ad Hoc Naming Subcommittee Members (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Recommendation: Defer the appointment of two Members of the City Council to January 2023 to be heard with appointments of Members of the City Council to commissions, boards, and subcommittees for the next legislative period.

C17. FY 2022-23 1st Quarter Financial Status Report for the Quarter Ended September 30, 2022 (Staff Contact: Lauren Lai, Finance Director, 408-586-3111)
Recommendation: Review the FY 2022-23 Quarterly Financial Status Report for the quarter ended September 30, 2022.

PUBLIC HEARINGS (7:20 PM)
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.

18. Conduct a Public Hearing and Introduce an Ordinance Amending the Zoning Map of the City of Milpitas in Accordance with the Provisions of Section 3.03 of Chapter 10 of Title XI (Zoning) of the Milpitas Municipal Code to Change the Zoning Classification of Certain Parcels (APNs 086- 38-021, -022, and -037), Located on the East Side of South Hillview Drive and Extending Approximately 1200 Feet Southerly From Los Coches Street, From the M2 Heavy Industrial 4 November 15, 2022 Milpitas City Council Agenda Page 5

Zoning District to the M1 Light Industrial Zoning District (Staff Contact: Ned Thomas, Planning Director, 408-586-3273)
Recommendation: (1) Conduct a public hearing and move to close the hearing following comments; (2) City Attorney shall read aloud title of the Ordinance; and (3) Move to waive the first reading beyond the title and introduce an Ordinance amending the Zoning map of the City of Milpitas in accordance with the provisions of Section 3.03 of Chapter 10 of Title XI (Zoning Ordinance) of the Milpitas Municipal Code to change the Zoning Classification of Certain Parcels (APNs 086-38-021, -022, and –037), located on the east side of South Hillview Drive and extending approximately 1200 feet southerly from Los Coches Street, from the M2 Heavy Industrial Zoning District to the M1 Light Industrial Zoning District. In addition, determine that the zoning ordinance amendment is exempt from environmental review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Sections 15183 (Projects Consistent with a General Plan and Zoning) and 15061(b)(3) (Common Sense Exemption).

19. Conduct a Public Hearing and Introduce an Ordinance Amending Section 13 “Special Uses” of Chapter 10 “Zoning” of Title XI of the Milpitas Municipal Code Relating to Outdoor Dining (Staff Contact: Ned Thomas, Planning Director, 408-586-3273)
Recommendation: (1) Conduct a public hearing and move to close the hearing following comments; (2) City Attorney shall read aloud the title of the Ordinance; and (3) Move to waive the first reading beyond the title and introduce an Ordinance adding Subsection 13.19 “Outdoor Dining” to Chapter 10 “Zoning” of Title XI of the Milpitas Municipal Code Relating to Outdoor Dining Areas and determine the Zoning Ordinance Text Amendment is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15183 (Projects Consistent with a General Plan) and 15061(b)(3) (Common Sense Exemption).

20. Conduct a Public Hearing and Adopt a Resolution Certifying Election Results and Adding the Property Located at 1724 Sunnyhills Drive – Parcel 2 into Community Facilities District No. 2005-1 (Annexation No. 22) (Staff Contact: Steve Erickson, Engineering Director / City Engineer, 408-586-3301; and Roberto Alonzo, Principal Civil Engineer, 408-586-3316) Recommendation: Conduct a public hearing and, following receipt of election results from the City Clerk, adopt a resolution certifying election Results and adding the property located at 1724 Sunnyhills Drive – Parcel 2 into Community Facilities District No. 2005-1 (Annexation No. 22).

COMMUNITY DEVELOPMENT (8:05 PM)

21. Receive a Report on the Homekey Project at 1000 Hillview Court (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3056)
Recommendation: Receive a report on the Homekey Project at 1000 Hillview Court.

LEADERSHIP AND SUPPORT SERVICES (8:50 PM)

22. Approve the Prioritization of Additional Workplan Items City Council Policy (Staff Contact:

Ashwini Kantak, Assistant City Manager, 408-586-3053; Walter C. Rossmann, Deputy City Manager, 408-586-3012)
Recommendation: Approve the Prioritization of Additional Workplan Items City Council Policy.

ADJOURNMENT (9:30 PM)

5 November 15, 2022 Milpitas City Council Agenda Page 6

KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail:[email protected] / Phone: 408-586-3040

The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.milpitas.gov by selecting the Milpitas Municipal Code link.

Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.milpitas.gov/government/council/agenda_minutes.asp (select meeting date)

APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.milpitas.gov or at Milpitas City Hall.

Contact the City Clerk’s Office at 408-586-3001 for more information.

If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.

6 Milpitas City Council Calendar
November 2022

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

1 6:00 PM-Closed Session
7:00 PM-City Council

2 2:00 PM-Santa Clara VTA
Monthly Briefing -
Northeast Group (CM)
7:00 PM-Community
Advisory Commission (EC)

3 5:30 PM-Santa Clara VTA Board
of Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (EC)

4 5

6 2:00 PM In Person
Native American Flag
Raising Ceremony at
Cesar Chavez Plaza
7 7:00 PM-Parks, Recreation
& Cultural Resources
Commission (CM)

8 4:00 PM-Milpitas HOPE
Suicide Prevention Task
Force

9 7:00 PM-Planning
Commission
7:00 PM-Silicon Valley
Clean Energy Board of
Directors (EC) (Hybrid
Meeting)

10 1:30 PM-SCC Emergency
Operational Area Council Meeting
(CM)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (AP)
4:00 PM-Treatment Plant
Advisory Committee (CM)
6:00 PM-Youth Advisory
Commission (EC)
6:00 PM-Cities Assoc of SCC
Legislative Action Comm (CM)
7:00 PM-Cities Assoc of SCC
Board of Directors Mtg (CM)
11 CITY HALL CLOSED IN

OBSERVANCE OF

VETERANS DAY

Veterans Day Ceremony
taking place at Veterans
Plaza at 9am

12 13

14 4:30 PM-Economic
Development and Trade
Commission (KD)

15 7:00 PM-City Council

16 6:00 PM-Energy and
Environmental
Sustainability Commission
(EC)

17 4:00 PM-Silicon Valley Regional
Interoperability Authority (SVRIA)
(KD)
6:30 PM-Bay Area Water Supply
Conserv Agency (CM)
(Teleconference)
7:00 PM-Public Safety and
Emergency Preparedness
Commission (KD)
18 19

20 21
7:00 PM-Library and
Education Commission (EC)
(Milpitas Public Library)
7:00 PM-Science,
Technology & Innovation
Commission (RT)

22 23

24 25

CITY HALL CLOSED FOR THANKSGIVING
26 27

28 7:00 PM-Arts Commission
(RT)

29 30
2:00 PM-VTA North East
City Group Briefing (CM)

Finance Subcommittee will meet only as needed
October 2022

S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
December 2022

S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31

7 Item # C1.

Milpitas City Council Calendar
December 2022

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

1 5:30 PM-Milpitas Chamber of
Commerce Board (EC)
4:00 PM-Santa Clara VTA
Special Board of Directors (CM)
5:30 PM-Santa Clara VTA Board
of Directors (CM)
7:00 PM-Tree Lighting Event

2 3

4 5
7:00 PM-Parks, Recreation &
Cultural Resources Commission
(CM)

6 ?:00 PM-Closed Session
7:00 PM-City Council

7 5:30 PM-Veterans Commission
(RT)
7:00 PM-Community Advisory
Commission (EC)

8 4:00 PM-Treatment Plant Advisory
Committee (CM)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (AP)
7:00 PM-Youth Advisory
Commission (EC)

9 10

11 12

13 4:00 PM-HOPE Task Force
Meeting

14 4:30 PM-Transportation
Subcommittee (RT/CM)
7:00 PM-Silicon Valley Clean
Energy Board of Directors (EC)
(Cupertino)
7:00 PM-Planning Commission

15 10:00 AM-VTA Congestion Mgmt
Program Planning Comm (CM)
5:30 PM-Measure F Oversight
Committee

16 17

18 19
7:00 PM-Science, Technology,
and Innovation Commission (RT)

20 ?:00 PM-Closed Session
7:00 PM-City Council

21 6:00 PM-Energy and
Environmental Sustainability
Commission (EC)

22 23
CITY Observed Holiday

24 25

26 CITY Observed
Holiday

27 28

29 30

31 November 2022

S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30

January 2023

S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31

8 Item # C1.

JOINT MEETING OF THE

MILPITAS CITY COUNCIL, HOUSING

AUTHORITY, AND SUCCESSOR AGENCY

November 1, 2022 Milpitas City Council Agenda Page 1

M I NU TE S
TUESDAY, NOVEMBER 1, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 6:00 PM (CLOSED SESSION)
7:00 PM (PUBLIC BUSINESS)

The City Council of the City of Milpitas convened on the regular City Council meeting day of November 1, 2022, in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas, and via teleconference/Zoom webinar.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Tran called the Regular City Council meeting to order at 6:01 PM. Roll Call was taken by City Clerk Guzzetta.

PRESENT: Mayor Tran, Vice Mayor Montano, Councilmembers Chua, Dominguez, and Phan ABSENT: None
City Attorney Mutalipassi announced the closed session items.

The City Council adjourned to Closed Session at 6:03 PM.

ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
City as Defendant
Steven Petrakovitz (Deceased) v. City of Milpitas, WCAB no. ADJ9926577

(b) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
City as Defendant
Alok Jain, et al. v. City of Milpitas, Santa Clara Superior Court Case no. 18CV325365

The City Council reconvened in regular session at 7:00 PM

CLOSED SESSION ANNOUNCEMENT
City Attorney Mutalipassi stated there was no reportable action.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Tran.

INVOCATION
Mayor Tran led the invocation.
9 Item # C2.

November 1, 2022 Milpitas City Council Minutes Page 2

PUBLIC FORUM

The following people spoke under Public Forum:

1. Allen Thomas

2. Steven Balsbaugh

3. Warren Wettenstein, Milpitas Chamber of Commerce President

4. Inderjit Mundra

5. Voltaire Montemayor

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS

City Manager McHarris announced the Native American Flag Raising on Sunday, November 6, 2022 at 2 p.m. at Cesar Chavez Plaza, and the launch of the Catalytic Converter Theft Prevention Program.

Mayor Tran acknowledged the pickleball program in partnership with the City and commended the speed of the program’s implementation. He also recognized the Catalytic Converter Theft Prevention program, Fire Station No. 2 and Alviso Adobe projects.

Councilmember Chua thanked members of the City Council for supporting her recommended pilot projects including pickleball and the Catalytic Converter Theft Prevention program, and thanked staff and the executive management team. She also acknowledged and thanked the Recreation Department for the success of the Saturday Senior Center pilot.

Councilmember Dominguez congratulated all stakeholders involved in the pickleball project. She commented on concerns with the democratic process and asked for inflammatory social media postings to stop.

Vice Mayor Montano announced her attendance at the ribbon cutting ceremony for Big Lots at McCarthy Ranch over the weekend, the ribbon cutting ceremony for Fire Station No. 2, and the grand opening of the Milpitas Alviso Adobe and encouraged the community to visit.

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest. City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.

READING OF THE CITY COUNCIL CODE OF CONDUCT
Mayor Tran read the Code of Conduct.

APPROVAL OF AGENDA
Motion: to approve the November 1, 2022 Regular Meeting Agenda.

Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following:

AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None

CONSENT CALENDAR
Motion: to approve the consent calendar moving Item 18 to the Consent Calendar. 10 Item # C2.

November 1, 2022 Milpitas City Council Minutes Page 3

Motion/Second: Mayor Tran / Vice Mayor Montano
Motion carried by the following:

AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None

C1. Receive City Council Calendar of Meetings for November 2022 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received City Council Calendar of Meetings for November 2022.

C2. Approve City Council City Council Regular Meeting Minutes of October 18, 2022 (Staff Contact:

Suzanne Guzzetta, City Clerk, 408-586-3001)
Approved City Council Regular Meeting minutes of October 18, 2022.

C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received the list of anticipated agenda items for the next regular City Council meeting.

C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Reviewed the list of items that have been requested by City Councilmembers and provided direction to staff as necessary.

C5. Accept Commissioner Resignation (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Accepted the resignation of Marshall Jones from the Economic Development and Trade Commission and direct the City Clerk to post the notice of unscheduled vacancy.

C6. Consider the Recommendation from Mayor Tran for Appointment to City Commissions (Contact: Mayor Tran, 408- 586-3029)
Received the recommendation from Mayor Tran and approved appointment to the Science, Technology & Innovation Commission.

C7. Reconfirm Findings and Determinations Under Resolution No. 9165 and Assembly Bill 361 for the Continuation of Virtual Meetings of the City Council and Legislative Bodies (Staff Contact:

Michael Mutalipassi, City Attorney, 408-586-3040)
Reconfirmed findings and determinations under Resolution No. 9165 and Assembly Bill 361 for the continuation of virtual meetings of the City Council and Legislative Bodies.

C8. Approve and Authorize the City Manager to Execute a Professional Services Agreement with SCI Consulting Group for Storm Drain Fee Analysis Services for a Not-to-Exceed Amount of $229,216.00 (Staff Contact: Roger Lee, Interim Public Works Director, 408-586-2602) Received report on professional services proposals received and approve a professional services agreement with SCI Consulting Group; and authorized the City Manager to execute the agreement in the not to exceed amount of $229,216.00.
11 Item # C2.

November 1, 2022 Milpitas City Council Minutes Page 4

C9. Authorize the City Manager to Accept the 2022 Bulletproof Vest Partnership Grant in the Amount of $11,078.17 and Approve a Related Budget Appropriation (Staff Contact: Jared Hernandez, Police Chief, 408-586-2406; and Frank Morales, Police Captain, 408-586-2521) Authorized the City Manager to accept the 2022 Bulletproof Vest Partnership Grant in the amount of $11,078.17 and approve a related budget appropriation.

C10. Receive a Report on Milpitas HOPE Suicide Prevention Task Force Activities Since September 2021 (Staff Contact: Renee Lorentzen, Director, Recreation and Community Services, 408-586-3409) Received the Report on Milpitas HOPE Suicide Prevention Task Force Activities Since September 2021.

C11. Approve the Purchase of a Police Vehicle, Find the Procurement to be in the Best Interest of the City, and Authorize the City Manager to Execute Any Documents Necessary to Effectuate the Purchase at the Negotiated Amount (Staff Contact: Jared Hernandez, Police Chief, 408-586- 2406; and Matthew Miller, Police Captain, 408-586-2522) Approved the purchase of a police vehicle, found the procurement to be in the best interest of the city, and authorized the City Manager to execute any documents necessary to effectuate the purchase at the negotiated amount.

C12. Approve an Additional Budget Appropriation of $17,151.00 to the Equipment Fund Non- Departmental FY 2022-23 Operating Budget for the Replacement Purchase of Two Police Vehicles through a Sourcewell Cooperative Contract with National Auto Fleet Group (Staff Contact: Jared Hernandez, Police Chief, 408-586-2406; and Matthew Miller, Police Captain, 408- 586-2522)
Approved an additional budget appropriation of $17,151.00 to the Equipment Fund Non-Departmental FY 2022-23 Operating Budget for the replacement purchase of two police vehicles through a Sourcewell Cooperative Contract with National Auto Fleet Group.

C13. Housing Authority/Successor Agency: Sale of the residential unit located at 254 Parc Place Drive (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046; and Michelle Silva, Administrative Analyst II, 408-586-3244)
Adopted Resolution No. HA31 / 9198 / SA14 authorizing the Executive Director of the Milpitas Housing Authority to execute documents for the sale of the residential property located at 254 Parc Place Drive in the amount of $278,315.00; and approved related budget amendments due to the sale of the property located at 254 Parc Place Drive in the amount of $278,315.00.

C14. Approve and Authorize the City Manager to Execute Amendment No. 4 with AG Witt, LLC for Disaster and COVID19 Cost Recovery and Consultation Services to Extend the Term by 18 Months and Increase the Existing Contract by $67,975.00 for a Total Contract Amount of $229,211.25 (Staff Contact: Lauren Lai, Finance Director, 408-586-3111) Approved and authorized the City Manager to execute Amendment No. 4 with AG Witt, LLC for Disaster and COVID19 Cost Recovery and Consultation Services to extend the term by 18 months and increase the existing contract by $67,975.00 for a total contract amount of $229,211.25.

18. Approve Revisions to the Speed Hump City Council Policy (Staff Contact: Steve Erickson, Engineering Director / City Engineer, 408-586-3301; and Steve Chan, Transportation and Traffic Manager, 408-586-3324)
Approved revisions to the Speed Hump City Council Policy. 12 Item # C2.

November 1, 2022 Milpitas City Council Minutes Page 5

PUBLIC HEARINGS

15. Conduct a Public Hearing on a Site Development Permit for Development of a New 5,900-Square Foot, Two-Story Single-Family Residence, Two Detached Accessory Structures, an In-Ground Swimming Pool, and Associated Site Improvements; an Amendment to Planned Unit Development (PUD) No. 68 to modify the Previously Approved Design Standards for Single- Family Homes; and a Zoning Variance to Allow a Visible Intrusion into the Hillside Crestline Zone of Protection Sight Line, as Established by the City’s Hillside Development Standards, on a Vacant +1.14-Acre Lot Located within the R1-H Single-Family Residential-Hillside Zoning District at 1339 Terra Vista Court (Countryside Estates, Lot 1) (APN: 029-07-010) (Staff Contact:

Ned Thomas, Planning Director, 408-586-3273)
Continued to Regular Meeting of January 17, 2023 at the request of the applicant.

16. Adopt a Resolution Authorizing the Funding Application to the PLHA Program, Approving a Five-Year Plan for the PLHA Program Formula Allocation of an Estimated $1,431,570.00 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 (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046; and Sarah Balcha, Senior Administrative Analyst, 408-586-3268) Economic Development Director Andrade introduced the item and Senior Administrative Analyst Balcha presented the report.

Mayor Tran opened the public hearing

There were the following speakers:

1. Voltaire Montemayor

2. Jonathan Brunson

3. Barbara Navarro

Mayor Tran closed the public hearing.

Vice Mayor Montano asked to include in the lottery preferences to select eligible households in the restaurant industry such as dishwashers and servers. Economic Development Director Andrade indicated that those households are already included under restaurant employees and those in the hotel and travel industry. Vice Mayor Montano asked staff to include outreach to the small business community.

Councilmember Chua emphasized the importance of knowing how long the City has to utilize the grant and the amounts per year. She also suggested adding nurses’ aides in senior daycare centers, security guards, EMTs, and pastors to the list of lottery preference categories. She asked for a way to create a “catch-all” for the positions the City hasn’t directly identified so they aren’t overlooked in the selection process. Economic Development Director Andrade responded that this is workforce housing so the positions discussed would be included. Assistant City Manager Kantak clarified that the program would be open to anyone that qualified based on the 30% AMI or below, these are the criteria to provide the weighting to receive assistance. She cautioned on broadening the categories too wide. Councilmember Chua reiterated the importance of the categories she discussed being included in the weighting process.

Councilmember Phan asked for a category to prioritize workforce housing for public safety

13 Item # C2.

November 1, 2022 Milpitas City Council Minutes Page 6

Mayor Tran made a motion to adopt Resolution No. 9196 authorizing the funding application to the PLHA program, approving a five-year Plan for the PLHA program formula allocation of an estimated $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.

Vice Mayor Montano seconded the motion.

Mayor Tran amended the motion to add nurses’ aides in senior daycare centers, security guards, EMTs, and pastors to the list of lottery preference categories, and add a category to prioritize workforce housing for public safety. Vice Mayor Montano accepted the amendment.

Motion/Second: Mayor Tran / Vice Mayor Montano
Motion carried by the following:

AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None

COMMUNITY DEVELOPMENT

17. Adopt a Resolution to Approve the Milpitas Residential and Mixed-Use Objective Design Standards (Staff Contact: Ned Thomas, Planning Director, 408-586-3273; and Jay Lee, AICP, Principal Planner, 408-586-3077)
Planning Director Thomas introduced the item and with Principal Planner Lee and Raimi and Associates Consultant Sensenig presented the report.

There were the following speakers:

1. Voltaire Montemayor

2. Barbara Navarro

Planning Director Thomas, Principal Planner Lee, and Raimi and Associates Consultant Sensenig responded to questions from council.

Motion: to adopt Resolution No. 9197 to approve the Milpitas Residential and Mixed-Use Objective Design Standards

Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following:

AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None

COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE

ADJOURNMENT
Mayor Tran adjourned the meeting at: 8:33 PM

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

14 Item # C2.

TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 11/8/2022

December 6, 2022 – 1st Tuesday

CLOSED SESSION

INVOCATION (assigned to Vice Mayor Montano)

PRESENTATION

CONSENT CALENDAR

1. Receive City Council calendar for December 2022 (City Clerk)

2. Approve City Council Meeting minutes of November 15, 2022 (City Clerk)

3. Preview list of items for December 20, 2022 (City Clerk)

4. Councilmember Request List (City Clerk)

5. Commission Appointments (City Clerk)

6. Reconfirm Findings and Determinations Under Resolution No. 9156 and Set Forth in Assembly Bill 361 for the Continuation of Virtual Meetings of the City Council and Legislative Bodies (City Attorney)

7. Parks Playground Improvements Phase 3 award of contract (Public Works)

8. Audited Financial Statements (Finance)

9. Authorize the City Manager to Execute a Master Encroachment Agreement for Bandwidth IG, LLC, a Delaware Limited Liability Company for Installation of Network Facilities Within Public Right-of-Way (Engineering)

10. Sale of the residential unit located at 600 S. Abel Street Unit #208 (Housing)

11. ARPA Quarterly Update (CMO/Finance)

12. Appointment of Interim Fire Chief (Human Resources)

PUBLIC HEARING

13. 2nd Reading of 2022 Title 24 Building Code Ordinance Adoption (Building Safety)

14. 2nd Reading of All-Electric and EV Reach Codes for 2022 Green Building Code Ordinance Adoption (Building Safety)

15. 2nd Reading of 2022 Title 24 Fire Code Ordinance Adoption (Fire Prevention)

16. Introduction and 1st reading of Tobacco Retail Permit Ordinance (Planning)

17. ADU Zoning Emergency Ordinance (Planning)

18. Introduction and 1st Reading ADU Zoning Ordinance (Planning)

COMMUNITY DEVELOPMENT

COMMUNITY SERVICES
15 Item # C3.

19. Receive Staff Report on Water Rates Study, Direct staff to proceed with community engagement on proposed rates, including identifying a date for the public hearing and mailing a notice of the public hearing for the proposed water rates (Public Works)

20. Receive Staff Report on Sewer Rates Study, Direct staff to proceed with community engagement on proposed rates, including identifying a date for the public hearing and mailing a notice of the public hearing for the proposed sewer rates (Public Works)

PUBLIC SAFETY

LEADERSHIP

REPORTS
16 Item # C3.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
1 Investigate labor policies related to Councilmember
paternity/maternity leave, clarify if Councilmembers
are employees and email to City Council prior to the
next City Council meeting. Dominguez 10/18/2022 Memo sent by City Attorney on 10/27 2 Review the City Council handbook to ensure that
Councilmembers are guaranteed paternity/maternity
leave and not made to give up their seat due to
missing consecutive meetings. Dominguez 10/18/2022 Memo sent by City Attorney on 10/27 3 Staff explore eliminating or waiving the fee for the
gym at the Milpitas Senior Center Chua 10/18/2022
Staff will evaluate this item consistent with
the Recreation and Community Service Cost
Recovery City Council Policy and bring it
back to Council for consideration as part of
approval of the FY 2023-24 Proposed Master
Fee Schedule.
4 City Attorney or City Manager draft a written policy
regarding foreign language spoken at the dais Chua 9/20/2022 Item will be brought forward as part of the
next City Council additional workplan items
prioritization in December/January
5 City Manager to look into defining either a
standalone teen center or updating information to
indicate the Senior Center also functions as a Teen
Center Chua 9/20/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in December/January
6 Staff look into construction in the Sunnyhills area Dominguez 9/20/2022 Staff is following up on this request and will
send a status update to Council
7 Schedule an additional ADU workshop Chua 9/6/2022 Staff is evaluating this request 8 City Manager to look into underutilized areas of
parks or a portion of parks not being used and
develop for use in the future. Chua 8/16/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in December/January
9 Discuss converting vacant lot that was a basketball
court into a community garden at Vasona and
Adobe Montano 8/16/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in December/January
10 City Manager look into implementing a workshop for
small businesses on the bidding process for
projects in the city Chua 8/9/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in December/January
11 Memory bench at Sunny Hills Park for one of the
founders, Dave Vohlberg, and to explore other
historical plaques or benches to remember our
history Tran 8/9/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in December/January
12 Review of the Milpitas Chamber of Commerce
previously approved request for funding including a
financial report dating back 12 months and the
workplan for the Art & Wine Festival Tran 8/9/2022
Staff is working with the Chamber to obtain
the requested documentation
13 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
PD will present quarterly reports starting on
November 15, 2022.
14 Funding to hire a consultant for the Sunnyhills
Historical Designation on a state level Tran 6/7/2022
Request will be included with the Historic
Resources Master Plan project approved as
part of the 2023-2027 Capital Improvement
Program.

OPEN ITEMS
NOTE: Deferred and Completed Items are not listed17
Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
15 Request for Crossing Guards at McCandless and
Montague Expressway and review wages for
Crossing Guards Montano 4/5/2022
Staff is in the middle of a citywide traffic
study, which includes school aged pedestrian
counts around schools in the City including
the McCandless and Montague Expressway
intersection.
16 Host a Town Hall at City Hall in January, February,
and March for the community to share comments
about the issue of the unhoused. Tran 11/2/2021
This item was postponed by Mayor Tran due
to the Omicron variant and a rise in COVID-
19 cases
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
17 Establish a SPAR fund modelled after the City of
Mountain View - sets asides moneys for
opportunities to buy real estate Montano 6/7/2022
Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward during Summer
Quarterly City Council Workplan Items
Prioritization Discussion on 9/06/2022
18 Memorial Plaque in honor of youth skateboarder
that passed away Montano 6/7/2022
Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward during Summer
Quarterly City Council Workplan Items
Prioritization Discussion on 9/06/2022
19 Prepare Vision Zero Action Plan Tran 6/7/2022
Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward during Summer
Quarterly City Council Workplan Items
Prioritization Discussion on 9/06/2022
20 Explore the policy for locking mechanisms on
shopping carts for large commercial businesses Tran 4/19/2022 Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward during Summer
Quarterly City Council Workplan Items
Prioritization Discussion on 9/06/2022
21 Explore an ordinance or policy to reduce thefts and
increase security in the commercial retail parking
areas Chua 4/5/2022
Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward during Summer
Quarterly City Council Workplan Items
Prioritization Discussion on 9/06/2022
22 Create a plan for future solar paneling at City
facilities Montano 3/1/2022
Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward at the 5/03/2022
meeting; Discussed at the May 10 budget
meeting and approved funding of $25,000 in
the 2022-23 budget
23 Evaluate reopening the childcare center with a non-
profit organization running the center Montano 2/1/2022 Approved during Spring Quarterly City
Council Workplan Items Prioritization
Discussion on 5/03/2022.
24 Requested an appropriation in an amount not to
exceed $250,000 to procure a contract to address
the streetlights that are pending fieldwork. Tran 2/1/2022 At this time, staff has sufficient Council
approved resources to address the remaining
streetlight outages; however, will bring
relevant actions for Council consideration, if
needed.

ACTIVE ITEMS
NOTE: Deferred and Completed Items are not listed18
Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
25 Explore a lease for the vacant land adjacent to the
Library for City use Tran 1/18/2022
Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward at the 5/03/2022
meeting;
26 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano 11/16/2021
Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved at the 5/03/2022 meeting;
discussed funding at the 5/10/2022 budget
meeting and approved $100,000 of funding
for one site
27 Request for the City to make the temporary third-
party food deliver fee caps permanent and add
additional provisions for enforcement Phan 11/16/2021
Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward at the 5/03/2022
meeting
28 Have a picture of Albert Vogel Sr. put up in the
Senior Center Montano 10/19/2021
Approved to move forward at the 1/11/2022
Council meeting; Staff engaged the artist of
the existing mural regarding this Council
approved item.
29 Requested the City extend the outdoor dining
options through March of next year Phan 9/21/2021
Planning Director to provide information on
current outdoor dining extension
30 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano 8/17/2021
Approved to move forward at the 1/11/2022
Council meeting; Staff engaged the artist of
the existing mural regarding this Council
approved item.
31 Look into opening up the Senior Center on
Saturdays for half a day Chua 8/5/2021
This three-month pilot was kicked off on
Saturday Sept. 10.
32 Look into bringing back a roller rink Montano 8/5/2021 Approved to move forward at the 1/11/2022
Council meeting. Funding for the program will
need to be prioritized through the FY 22-23
budget process; Discussed at 5/10/2022
budget meeting and approved $100,000
funding for a two-day event in 2023
33 Staff to create a plan on how to increase the
number of local businesses doing business with the
City Chua 4/6/2021
At 8/9/2021 Council meeting, Council voted
that this item may have to come back for
additional discussion because there may be
some legal considerations.
34 Staff to provide information on a landmark policy for the City of Milpitas Tran 3/16/2021
8/09/2021 Council voted 5-0 to move this
item forward; this item will be included for
funding consideration in the development of
the FY 2023-27 CIP for assessment of
historical and cultural resources and
development of landmark policy; The funding
for the assessment of historical and cultural
resources and development of a landmark
policy will be included in the 2023-2027
Capital Improvement Program scheduled for
adoption on May 3, 2022. This project will be
scheduled to begin in FY 2022-23.
35 Amendment to the existing ordinance for third-party
food delivery vendor services to prohibit regulatory
response fees Phan 2/16/2021
Agendized for discussion on 3/16/2021,
deferred to 4/06/2021; CC direction for City
Attorney to prepare a report; At the
11/12/2021 Transportation Subcommittee,
the Subcommittee directed to bring back this
request to Council as part of the FY 2022-23
budget process.

NOTE: Deferred and Completed Items are not listed19
Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
36 Requested that staff study the placement of a City
sign for the Milpitas Police Department and explore
the cost of a new sign Dominguez 1/18/2021
Staff has been working on upgrading signage
and landscaping around the Police
Department and Public Works Building. Lit-
up signs mounted on the building are
scheduled to be installed by the end of
December 2022
37 Ordinance to ban vaping in the City Montano 12/15/2020 Ordinance regarding a ban on use in certain
areas adopted by Council on 6/15/2021.

Council received a follow-up presentation
from staff on 6/21/22 and provided direction
on establishing a local tobacco retail
permitting program and regulating tobacco
retail locations and the sale of flavored
tobacco and electronic cigarette products in
Milpitas. Staff is now coordinating with the
Santa Clara County Department of
Environmental Health (DEH) to set up the
program, and those arrangement will be
brought back to the Council in early 2023.
38 Review City policy on speed bumps Tran 12/15/2020
City Council approved revisions to the Policy
at the 11/01/2022 City Council meeting.
39 Consider Community Museum and Park on Main St. Phan 8/20/2019 to Rules Subcommittee 8/23/2019. Moved to
Specific Plan Community Conversation
events.

NOTE: Deferred and Completed Items are not listed20
Item # C4.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve City Council Meeting Schedule for 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 11/15/2022
Recommendation: Approve the 2023 Milpitas City Council meeting schedule, with any changes requested at the City Council meeting.

Background:

Pursuant to Milpitas Municipal Code Section I-1-2.01, the City Council shall hold its regular meetings on the first and third Tuesday of each month. Typically, in November of each year staff presents a proposed meeting schedule, noting any conflicts that may exist with regularly scheduled meeting dates for the City Council’s review and approval.

Discussion:

In the past the City Council has canceled both of the July regular City Council meetings for a summer recess.

Also, due to celebration of National Night Out on the first Tuesday in August, the City Council approved in 2019 the cancelation of the first meeting date in August each year. Staff recommends that a Special meeting be scheduled for August 8, 2023, to conduct the business that would have otherwise been done on August 1.

Staff is proposing one date in January for a Council Retreat, and three dates in the months of January, February, and May 2023 for Council study sessions on the Preliminary Budget, Capital Improvement Plan (CIP), and Operating Budget. Moreover, staff is proposing additional Special Meeting dates in the months of February, September, October, and November as placeholders.

City staff has prepared the calendar for next year and requests that the Council confirm the City Council meeting schedule for 2023 for its regular bi-monthly Tuesday business meetings. The proposed 2023 schedule is included in the Council agenda packet.

Recommendation:

Approve the 2023 Milpitas City Council meeting schedule, with any changes requested at the City Council meeting.

Attachment:
2023 Council Meeting Dates List
21 Item # C5.

City of Milpitas City Council

2023 Regular Meeting Dates
Tuesdays at 7:00 PM
and
2023 Special Meeting Dates
Tuesdays at 5:30 PM or TBD

January 10 and 17
January 26
Council Retreat
January 31
Preliminary 23-24 Budget Study Session
February 2
February 7 and 21
February 28
CIP Study Session
March 7 and 21
April 4 and 18
May 2 and 16
May 9
FY 2023-24 Budget Study Session
June 6 and 20
July – none
August 8 and 15
September 5 and 19
September 26
October 3 and 17
October 24
November 7 and 21
November 28
December 5 and 19

Note: Both July meetings and the first Tuesday in August (for National Night Out on August 2) are canceled. Tuesday, August 8 is scheduled for business that would otherwise be conducted on August 1. Special meeting dates are subject to change. 22 Item # C5.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Consider the Recommendation from Mayor Tran for Appointment to City Commissions (Contact: Mayor Tran, 408-586-3029)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 11/15/2022
Recommendation: Receive the recommendation from Mayor Tran and approve appointments to City Commissions.

Background:

The City of Milpitas has 13 Commissions (including the Measure F Oversight Committee), with members appointed by the Mayor and confirmed by the City Council. The Commissions advise the Milpitas elected officials on a variety of community interest and policy areas.

Any resident interested in serving on a City Commission must complete a Commission Application and submit the form to the City Clerk. Copies of the applications are provided to the Mayor for his consideration. Per Government Code 40605, in a general law city where the office of Mayor is an elective office, the Mayor with the approval of the City Council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute.

Current Commissioners may seek to be reappointed upon the expiration of their current term, but reappointment to a new term is not automatic. Those Commissioners seeking reappointment must contact the City Clerk and the Mayor to convey their request. Re-appointment must be recommended by the Mayor and confirmed by the City Council.

Analysis:

Mayor Tran is making the following recommendations for appointment:

Public Safety and Emergency Preparedness Commission:

1. Promote Andrew Luu to Alternate #1 with an unexpired term ending June 2025.

2. Appoint Rosana Cacao as Alternate #2 with an expired term ending June 2023.

Arts Commission:

1. Reappoint Sandeep Umarani to a term ending October 2025.

All recommended Commissioner appointments have been reviewed and confirmed by the City Clerk’s office.

Fiscal Impact:

There is no fiscal impact associated with this item.

Recommendation:

Receive the recommendation from Mayor Tran and approve appointments to City Commissions.

Attachments:

1. Applications for Public Safety and Emergency Preparedness Commission

2. Reappointment Request for Arts Commission
23 Item # C6.
24 Item # C6.

From: Sandeep Umarani
To: Tegan McLane; Suzanne Guzzetta
Cc: Rich Tran
Subject: Re: Art commission Re-Application
Date: Wednesday, November 2, 2022 2:20:06 PM
Attachments: Outlook-iaspdkfg.png
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links.

Hi Suzanne,
I am writing this email to re-apply for the Milpitas art commission.

As a background, I have been a commissioner on art commission for past 3 years. I have thoroughly enjoyed working with the team and looking forward to contribute in the future.

Looking forward to hearing from you.

Regards,
Sandeep
25 Item # C6.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Reconfirm Findings and Determinations Under Resolution No. 9165 and Assembly Bill 361 for the Continuation of Virtual Meetings of the City Council and Legislative Bodies (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040) Category: Consent Calendar-Leadership and Support Services Meeting Date: 11/15/2022
Recommendation: Move to reconfirm findings and determinations under Resolution No. 9165 and Assembly Bill 361 for the continuation of virtual meetings of the City Council and Legislative Bodies.

Background:

On March 17, 2020, in the face of the COVID -19 pandemic, Governor Gavin Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings completely telephonically or by other electronic means.

The provisions in the Brown Act that were suspended by the Governor’s Executive Order are contained at Government Code Section 54953(b)(3) and require that when teleconferencing is used, outside of a statewide emergency, that the following occur:
 An agenda is required to be posted at all locations, including any teleconference locations  Each teleconference location must be identified on the actual agenda  Each teleconference location shall be accessible to the public  A quorum of the legislative body must be in the jurisdiction With the Governor’s Executive Order, the four above requirements were suspended, allowing Councilmembers to not have to post an agenda at their teleconference location, not have to identify their location on the meeting agenda, not have to ensure public accessibility at the teleconference location, and the legislative body did not need a quorum present in the jurisdiction. As the Council is well aware, this allowed all City Council meetings and other meetings of legislative bodies of the City to be conducted by Zoom with councilmembers, commission members, committee members, and staff all joining from remote virtual locations.

The suspension of certain provisions of the Brown Act was further extended by the Governor on June 11, 2021 by the issuance of Executive Order N -08-21 which continued to allow for complete virtual meetings until September 30, 2021.

With the expiration of the Governor’s Executive Order and the uncertainty that surrounded the Governor’s potential recall, the State Legislature also took the remote meeting issue into its own hands through the adoption of Assembly Bill 361, which is explained in more depth in the Analysis section below.

On May 17. 2022, the City Council adopted Resolution No. 9156, making findings that there is an existing State of Emergency and that state or local officials continue to recommend social distancing measures to prevent the spread of COVID -19. In particular, the r esolution included reference to Cal -OSHA regulation 3205, which recommends physical distancing in the workplace. By motion and majority vote, the City Council may reconfirm the findings of Resolution No. 9156 and continue to hold virtual meetings pursuant to AB 361. 26 Item # C7.

Analysis:

On September 16, 2021, the Governor signed AB 361, which allows legislative bodies to meet virtually provided there is a state of emergency declared by the Governor, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees. The Governor by executive order signed on September 20, 2021, suspended the effective date of AB 361 to October 1, 2021. As a result, if the City desires to have virtual meetings on or after October 1, 2021, it must do so consistent with the requirements of AB 361.

AB 361 preserves many of the provisions of the earlier executive orders , including the suspension of the four teleconferencing requirements noted above, while also adding new requirements to the management of remote and teleconference public meetings in order to better achieve the levels of transparency that the Brown Act demands. Specifically, AB 361 imposes two new rules on remote public meetings:

1. Local governments and agencies hosting teleconference meetings in lieu of traditional in -person public meetings must permit direct public comment during the teleconference and must leave open the opportunity for public comment until the comment period for a given item is closed during the ordinary course of the meeting. The opportunity to make public comment must b e of a sufficient duration so as to allow actual public participation.

2. Any action by the governing body during a public teleconference meeting must occur while the agency is actively and successfully broadcasting to members of the public through a call -in option or an internet-based service option. If a technical disruption within the agency’s control prevents members of the public from either viewing the meeting of the public agency or prevents members of the public from offering public comment, the agency must cease all action on the meeting agenda until the disruption ends and the broadcast is restored. Action taken during an agency-caused disruption may be challenged as a violation of the Brown Act.

In order to continue to qualify for AB 361’s waiver of in -person meeting requirements, the City Council must, within thirty (30) days of its first meeting under AB 361, and every thirty (30) days thereafter, make findings that (a) state or local officials continue to recommend measures to promote social distancing, or that (b) an in-person meeting would constitute an imminent risk to the safety of attendees.

The above conditions continue to exist at this time, and staff recommends that the City Council by motion reconfirm the findings made in Resolution No. 9156 so that the City Council and all other subordinate legislative bodies may continue to meet virtually.

Lastly, it is important to note that AB 361 is optional. If the City Council wishes, it may meet in person. In addition, hybrid meetings are permissible.

Policy Alternatives:

Alternative 1: Do not by motion reconfirm the findings made in the resolution making findings and determinations under Assembly Bill 361 for the continuation of virtual meetings.

Pros: None
Cons: Many of the existing Commission, Committee, and Task Force meetings will not be able to meet virtually or through a hybrid format forcing all staff, commission or committee members, and the public to attend meetings in person.

Reason not recommended: The COVID-19 pandemic continues to be a global health issue and by forcing commission, committee, and task force meetings to be in person, public health may be put at risk.

Fiscal Impact:

The City Council’s reconfirmation of the findings made in the resolution to continue with virtual meetings will maintain the status quo and no financial impact is anticipated by the reconfirmation of the findings. 27 Item # C7.

California Environmental Quality Act:

The City Council’s reconfirmation of the find ings made in the resolution is not a project under the California Environmental Quality Act (CEQA) Guideline 15378 (b)(5) as it constitutes an organizational or administrative activity of the government that will not result in direct or indirect physical changes in the environment. Further, virtual meetings are likely to reduce certain impacts associated with vehicular travel related to in-person public meetings.

Recommendation:

Move to reconfirm findings and determinations under Resolution No. 9105 and Assembly Bill 361 for the continuation of virtual meetings of the City Council and Legislative Bodies.

Attachment

1. Resolution 9165
28 Item # C7.
29 Item # C7.
30 Item # C7.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve and Authorize the City Manager to Execute a Four-Year Agreement with CivicPlus for the CivicEngage Municipal Website Platform (Staff Contact: Daniel Nam, Information Technology Director, 408-586-2712)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 11/15/2022
Recommendation: Approve and authorize the City Manager to execute a four-year agreement with CivicPlus for the CivicEngage Government Website Platform for a total not to exceed contract amount of $200,000.00, in final form to be approved by the City Attorney.

BACKGROUND:

The City’s website serves as a critical communication channel for current and future Milpitas residents and businesses. In May 2001, under the City Council’s direction, City launched its first website, hosted on site by the City’s server network. Since its launch, the website went through several iterations to include more digital services and to keep the site content fresh and functional. In April 2016, Council approved the launch of the current website developed in collaboration between various City departments.

Since the last update, the performance of the existing website solution has been impacted due to the volume of content and increased programs and services offered through the site. Additionally, its outdated architecture and design also pose security challenges due to software vulnerabilities and a lack of adequate permission control. American Disabilities Act requires that public agency websites stay accessible to the public with disabilities. Although the current website meets the minimum guidelines, there are areas of improvement to improve accessibility.

In summary, the current website is outdated, cluttered, and does not accurately reflect the image and brand of the City. The technology available today combined with modernized design standards and website design principles would much better serve Milpitas residents, businesses, and other website visitors.

ANALYSIS:

Staff evaluated potential solutions with the primary objectives of improving resident and business engagement, communication, accessibility, security, and integration with other technology systems, while showcasing the City’s brand for business attraction. The lessons from the challenges with the current website, as well as the feedback received from the public and employees were also taken into consideration, including improved search capability, easy-to-navigate menu layout, and implementation of a content management system to improve staff efficiency.

Based on the requirements, staff determined that the CivicEngage website platform from CivicPlus would best accomplish the City’s objectives. CivicPlus has over 20-years of experience in government engagement solutions and municipal website industry serving over 11,000 local government clients across the country.

CivicPlus is the City’s current vendor for several public engagement and administration tools, including the MyMilpitas Citizen Reporting app, NextRequest Public Records Request management software, ArchiveSocial Social Media Archival Service and MuniCode Meetings and Codes, which provide better integration opportunities. CivicPlus also offers other products that can help streamline content management, comply with ADA regulations, and provide a comprehensive, integrated solution for the variety of services provided by the City. These include Agenda & Meeting Management, Public Safety Notifications, and Recreation Management solutions.

Per Section I-2-1.03 of the City’s Municipal Code, installation and implementation of information technology projects is defined as a professional service and can be procured without a competitive solicitation (Section I-2-31 Item # C8.

3.13). Thus, staff is recommending executing a contract with CivicPlus without a competitive procurement process.

Scope of Services
The scope of services includes project management, interviews with staff to determine desired functionality as well as solicitation of feedback from external users on a test site. Once the desired functionality is determined, CivicPlus will assist with the design of the site as well as data migration to the cloud. Before the launch, CivicPlus will provide 3-day on-site training to the staff to ensure efficient management of the content. The scope also includes a redesign of the website in the fourth year. This will enable the City to refresh the look of the website while taking advantage of the latest technology trends and tools. Launch of the new site is estimated to take 6-8 months from contract execution.

POLICY ALTERNATIVE(S):

Alternative 1: Do not approve entering into an agreement with CivicPlus for CivicEngage website platform.

Pros: The City will not incur $200,000 in costs.

Cons: City will not have the ability to modernize the City’s website that serves as its digital doorstep.

Reason for Not Recommending: City will lose the opportunity to improve citizen and business engagement, communication, accessibility, security, and provide accurate, modern and professional image of the City to the public. City will be exposed to security vulnerabilities from outdated architecture of the website platform.

FISCAL IMPACT:

The total contract amount, including the initial implementation and 4-year maintenance costs is to not exceed $200,000. The funding required for the initial implementation is approximately $99,000, which will be funded by the Capital Improvement Program, CIP 3427 “Technology Projects,” that has a balance of $354,630 as of October 28, 2022. Funding for CIP 3427 comes from the General Government CIP Fund and the Permit Automation Fund,

Subsequent 3-year annual maintenance cost of approximately $33,000 per year will be covered by the Information Technology Department and appropriated by Council during the annual budget process.

California Environmental Quality Act (CEQA):

By the definition provided in the CEQA Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA as this action has no potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

RECOMMENDATION:

Approve and authorize the City Manager to execute a four-year agreement with CivicPlus for the CivicEngage Government Website Platform for a total not to exceed contract amount of $200,000, in final form to be approved by the City Attorney.

Attachment(s):

32 Item # C8.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Waive the Second Reading and Adopt Ordinance No. 38.848 Amending Sections of Chapter 10 (Zoning), Title XI of the Milpitas Municipal Code Relating to Definitions and Regulations for Personal and Commercial Service Land Uses (Staff Contact: Ned Thomas, Planning Director, 408-586-3273)
Category: Consent Calendar-Community Development
Meeting Date: 11/15/2022
Recommendation: Move to waive the second reading and adopt Ordinance No. 38.848 amending sections of Chapter 10 (Zoning) of Title XI of the Milpitas Municipal Code relating to definitions and regulations for commercial service land uses

Background:

This Ordinance was introduced at the City Council meeting held on October 18, 2022. The Ordinance is now ready for its second reading and adoption.

Fiscal Impact:

The proposed zoning ordinance amendments will create a new land use classification for personal services and amend the existing classifications for commercial service s and business support services. With the new and revised land use classifications, the number of use permit applications for new businesses may vary, and the corresponding permit fees collected by the City would also vary. The difference in fees collected would depend on what type of future businesses are proposed and in what locations, which is unknown. The change in permit fee revenues associated with the proposed zoning amendments would likely be negligible.

California Environmental Quality Act:

The proposed text amendments to the Milpitas Municipal Code are exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15183 (Projects Consistent with a General Plan) and Section 15061(b)(3) (Common Sense Exemption).

Recommendation:

Move to waive the second reading and adopt Ordinance No. 38.848 amending sections of Chapter 10 (Zoning) of Title XI of the Milpitas Municipal Code relating to definitions and regulations for personal and commercial service land uses.

Attachments:

1. Ordinance No. 38.848

33 Item # C9.

PLEASE NOTE:

This copy of Ordinance No. 38.848 is a “redlined” version for your convenience. Text additions are designated by an underline and text deletions are designated with a strikethrough.

34 Item # C9.
2 Ordinance No. 38.848

REGULAR

NUMBER: 38.848
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING SECTIO NS OF CHAPTER 10 OF TITLE XI OF THE MILPITAS

MUNICIPAL CODE RELATING TO DEFINITIONS AND REGULATIONS FOR

PERSONAL AND COMMERCIAL SERVICES , AND MAKING FINDINGS OF CEQA

EXEMPTION

HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of October 18, 2022, upon motion by Mayor Rich Tran was adopted (second reading) by the City Council at its meeting of November 15, 2022 , upon motion by ______________________ ____ . The Ordinance was duly passed and ordered published in accordance with law by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

________________________________ __________________________ Suzanne Guzzetta, City Clerk Rich Tran, Mayor

APPROVED AS TO FORM:

________________________________
Michael Mutalipassi, City Attorney

35 Item # C9.
3 Ordinance No. 38.848

RECITALS AND FINDINGS:

WHEREAS, the City of Milpitas, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code Section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules and regulations by cities as a means of implementing the General Plan; and
WHEREAS, clear and specific zoning regulations, including development standards and findings for project approval, are important elements in a municipal government’s process of encouraging and approving high-quality development projects that are compatible with surrounding areas; and WHEREAS, the City’s Zoning Ordinance, Chapter 10 of Title XI of the Milpitas Municipal Code, does not currently include a specific definition for personal services, and the definitions for commercial services and business support services are overly broad; and WHEREAS, the City wishes to enact appropriate regulations applying to commercial services of a personal nature, as opposed to those that provide services to a more professional or business nature, and to more clearly distinguish between different types of commercial services based on their operational characteristics and appropriate location under the zoning regulations; and WHEREAS, the City has prepared a Zoning Amendment (“Amendment”) to the City’s Municipal Code, including Section 2.03 (“Definitions”), Section 4.02 (“Residential Use Table”), 5.02 (“Commercial Use Table”), 6.02 (“Mixed Use Use Table”), and 7.02 (“Industrial Use Table”), Section 4.03 (“Residential Zone Special Uses”), Section 6.02-1 (Mixed Use Zone Special Uses”), and Section 53.09 (“Off-Street Parking Standards”) of Chapter 10 (Zoning) of Title XI; and
WHEREAS, on September 14, 2022, the Planning Commission for the City of Milpitas held a lawfully noticed public hearing to solicit public comment and consider the proposed Amendment, take public testimony, and make a recommendation to the City Council on the project; and WHEREAS, on September 14, 2022, the Planning Commission for the City of Milpitas voted unanimously (7-0) to recommend that the City Council adopt the proposed Zoning Ordinance text amendment; and
WHEREAS, on October 18, 2022, the City Council of the City of Milpitas held a lawfully noticed public hearing to solicit public comment, take public testimony, and consider the proposed Amendment; and WHEREAS, this ordinance is exempt from the California Environmental Quality Act, Public Resources Code Section 21000, et seq. (“CEQA”), each as a separate and independent basis, pursuant to CEQA Guidelines Section 15183 (projects consistent with the General Plan) and Section 15061(b)(3) (no possibility of significant environmental effect).

NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:

36 Item # C9.
4 Ordinance No. 38.848

SECTION 1. RECORD AND BASIS FOR ACTION
The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT
Based on its review of the entire record, including the staff report, public comments and testimony presented to the Planning Commission and City Council, and the facts outlined below, the City Council hereby finds and determines that this ordinance is categorically exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15061(b)(3), also known as the “common sense exemption.” This ordinance would enact appropriate regulations relating to commercial services of a personal nature, such as hair and nail salons, as opposed to those that provide services to a more professional or business nature, such as accounts or copy shops. The new regulations are needed to more clearly distinguish between different types of commercial services based on their operational characteristics and location s. Given that the proposed cha nges are limited to clarifying definitions and updating use tables within the Zoning Ordinance, it can be seen with certainty that there is no possibility that this Ordinance would have a significant effect on the environment.

Moreover, the City Council he reby finds that the introduction and adoption of this Ordinance is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning). Section 15183 of the CEQA Guidelines provides that projects that are consistent with a Community Plan, General Plan or Zoning for which an EIR has been certified “shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculia r to the project or its site.” The proposed zoning amendments serve to implement policies and guidelines in the Land Use Element of the Milpitas General Plan because they would clarify definitions and update use tables in the adopt ed Zoning Ordinance. Therefore, the proposed Amendment is consistent with the General Plan and exempt from CEQA pursuant to CEQA Guidelines Section 15183 of the CEQA Guidelines.

SECTION 3. GENERAL PLAN CONSISTENCY
The Land Use Element of the City’s General Plan includes policies and guidelines that require development projects to support a full spectrum of conveniently located residential, commercial, public, and quasi -public uses that support and enhance business development a nd regional transportation objectives. The Land Use Element also calls for reviewing and updating the Zoning Ordinance as appropriate to reflect Land Use goals, policies, and implementation action included in the General Plan. Moreover, the Land Use Elemen t provided that the City shall monitor emerging trends in retail and other commercial uses… and update the Zoning Ordinance to help en sure that commercial centers remain competitive and successful. The proposed zoning amendments address each of these General Plan policies by making it easier to interpret and administer the use regulations and to authorize a variety of commercial and personal service uses in appropriate locations. The amendments have been drafted as part of a periodic review of the Zoning Ordinance to identify needed updates and address ambiguities and inconsistencies in the code. 37 Item # C9.
5 Ordinance No. 38.848

SECTION 4. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10 , SECTION 2
Title XI, Chapter 10, Subsection 2.03 (“Definitions”) of the Milpitas Municipal Code is hereby amended to read as follows:

XI-10-2.03 Definitions
"Abate" shall mean to repair, replace, remove, destroy or otherwise remedy the condition in violation of this Chapter.
"Accessory Building or Use" means a subordinate building or use, whose purpose is clearly incidental to that of the main building or the use of the land, and which shall not contain living or sleeping quarters or storage for commercial vehicles in excess of three-quarter (¾) ton size. Accessory dwelling units, as defined in subsection XI-10-13.08 "Accessory Dwelling Units," are exempted from the prohibition against living and sleeping quarters. An accessory building shall be considered attached to the main building if:

1. It shares a common wall with the main building; or

2. It shares an integral roof structure having the same framing system and roof covering as the main building and is separated from the main structure by no more than ten (10) feet at any given point. "Accessory Structure" means a structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. An accessory structure is that which an accessory building is not, by definition. Examples include, but are not limited to fences, trellises, covered patios, and porte cocheres.
"Adjacent" means having a common border with or being separated from such a common border by a right-of-way, alley or easement. Properties separated by a street, alley, intersection, or other public right-of- way (other than an elevated interstate freeway), shall be considered abutting when their property lines would touch in any way if drawn to the center line of such street, alleyway, intersection, or other public right-of-way. "Airport" means any area of land or water designed, used, or intended to be used or set aside for the landing and taking off of aircraft. The term "Airport" includes all necessary taxiways, aircraft storage and tie- down area, hangars and other necessary buildings and open spaces. "Alley" means any public thoroughfare which affords only a secondary means of access to abutting property.
"Alteration, Structural" means any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders. "Amateur Radio Facility" means a wireless communication facility operated by an FCC licensed amateur radio operator within the Amateur Radio Service (USC Title 47, Part 97). "Amateur Radio Operator" means a person holding written authorization to be the control operator of an Amateur Radio facility. This authorization may be in the form of a license or permit issued by the Federal Communications Commission or a foreign national or multi-national license or permit recognized by treaty as valid in the United States.
38 Item # C9.
6 Ordinance No. 38.848

"Antenna" means any system of towers, poles, panels, rods, wires, drums, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves. See also "Satellite dish or satellite antenna."
Apartment House. See "Dwelling, Multiple-Family."
Apartment, Efficiency. Efficiency apartment means a dwelling unit in a multi-family building consisting of not more than one (1) habitable room, together with kitchen or kitchenette and sanitary facilities. "Assembly" means the provision of activities for assembled groups of participants at institutions or facilities including but not limited to private and nonprofit clubs; social or fraternal organizations; and churches, temples, synagogues and other places of worship. Assembly uses in the context of groups of people is distinct from and unrelated to the definition of the industrial use "Assembly from pre-processed materials." "Assembly from pre-processed materials" means assembling, packaging, or distributing from previously prepared materials, such as cloth, plastic, paper, leather, precious or semi-precious metals or stones, electric or electronic instruments and devices such as television, radios, and pharmaceutical products.

Assembly in the context of industrial manufacturing is distinct from and unrelated to the definition of "Assembly" involving groups of people.
"Auto" means any motor vehicle requiring a license pursuant to the California Vehicle Code. "Automobile Service Station" means any premises used for supplying gasoline and oil at retail, direct to the customer, including minor accessories and services for automobiles, but not including automobile repairs.
"Automobile and Trailer Sales Area" means an open area, other than a street, used for the display, sale or rental of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed or sold on the premises. "Automobile Wrecking" means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts. "Bar or nightclub" means a commercial establishment serving alcoholic beverages for consumption on the premises where the service of food is only incidental to the consumption of such beverages. Dancing and live entertainment may also be conducted within the establishment. "Basement" means a story, partly or wholly, underground. For purposes of height measurements, a basement shall be counted as a story where more than one-half (½) of its height is above the average level of the adjoining ground.
"Bay Window" means a window or set of windows jutting out from the wall of a building, rising from the ground and forming an alcove which may or may not add additional floor area or a sitting area within. "Bedroom" means any room which meets the minimum requirements of both the Zoning Ordinance and the Building Code for a Habitable Room, which is constructed in such a manner that less than fifty (50) percent of one (1) wall is open to an adjacent room or hallway and which can be readily used for private sleeping purposes, shall be counted as a bedroom in order to determine parking or other requirements. For the purpose of calculating parking requirements, the following rooms which regularly make up a standard dwelling unit shall not be considered a "bedroom": one (1) kitchen, one (1) living room; one (1) family or 39 Item # C9.
7 Ordinance No. 38.848

recreation room; one (1) dining room; and the customary sanitary facilities. Planning staff shall determine whether or not a room qualifies as one of the above exceptions. "Billiard Center" means a place for the public to view and participate in cuesports, such as, but not limited to, billiards, pocket billiards (e.g., pool), snooker, and the various forms of carom billiards. "Billiards" means a "Recreation and Entertainment facility" for the public to view and participate in cue sports, such as but not limited to billiards, pocket billiards (e.g., pool), snooker, and the various forms of carom billiards.
"Block" means that property so designated on an official map of the City, or part of the City, or bounded by streets, or by a street or streets, and railroad right-of-way, canal right-of-way, or unsubdivided acreage. "Boarding House" means an establishment where lodging is provided for compensation, generally for stays of more than 30 days, for up to 8 persons. Boarding houses typically have individual rooms for guests, shared bathroom facilities and a single common kitchen. Meals may be served for guests and included as part of the cost of lodging.
"Breezeway" means a covered passageway between buildings which does not exceed ten (10) feet in width and which has at least one side open, except for necessary supporting columns. "Building" means a structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, or chattels. Where a dwelling is separated by a division wall without openings, each portion of such dwelling shall be deemed a separate building.

Building, Height of. "Height of building" means the vertical distance measured from the adjoining curb grade to the highest point of the roof surface, if a flat roof; and to the mean height level between eaves and ridge for a gable, hip or gambrel roof; provided, however, that where buildings are set back from the street line, then the height may be measured from the average elevation of the finished grade along the front of the building.

Building, Main. "Main building" means a building in which is conducted the principal use of the lot on which it is situated. The main building shall contain all area within the interior faces of the building, including enclosed areas that are attached. In any "M" district any dwelling shall be deemed to be the main building on the lot on which the same is situated.

Building, Unit Group. "Unit group building" means two (2) or more buildings (other than dwellings) grouped upon a lot and held under single ownership such as universities, hospitals, institutions and industrial plants.

Business, Retail. "Retail business" means retail sale of any article, substance, or commodity for profit or livelihood conducted within a building, but not including the sale of lumber or other building materials or the sale of used or second-hand goods or materials of any kind. "Business Support Services" means establishments primarily within structures that provide other businesses with ancillary services that further or facilitate the other businesses' primary activity. This term does not include activities or uses that are specifically listed as a conditionally permitted or prohibited use in the applicable zone. Examples of business support services include but are not limited to:

1. Business equipment repair services (except vehicle repair);

2. Commercial art and design (production);
40 Item # C9.
8 Ordinance No. 38.848

3. Computer-related services (rental, repair);

4. Copying and quick-printing services;

5. Equipment rental businesses within structures;

6. Film processing laboratories;

67. Heavy equipment repair services where repair occurs on the client site;

78. Janitorial services;

8. Mailbox rentals;

9. Mail advertising services (reproduction and shipping);

10. Other "heavy service" business services;

11. Outdoor advertising services;

12. Photo developing/finishing/printing;
1213. Protective services (other than office related);
1314. Rental, repairs and distribution of office or business equipment;

15. Soils and materials testing laboratories;
1416. Window cleaning.

Business, Wholesale. "Wholesale business" means the wholesale handling of any article, substance or commodity for profit or livelihood, but not including the handling of lumber or other building material or the open storage or sale of material or commodity, and not including the processing or manufacture of any product or substance.

Camp, Trailer. "Trailer camp" means an area or tract of land used or designed to accommodate two (2) or more automobile or house trailers.
"Candidate" means any person, party, referendum, initiative or other ballot measure. "Cemetery" means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbarium, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery. "Child Care Center" means any child-care facility other than a family child care home, in which less than twenty-four (24) hour per day non-medical care and supervision are provided to children in a group setting. It includes infant centers, preschools, and extended child day care facilities, but does not include after school programs.
"Class A Office Space" means a high quality, modern building with large floor plates and amenities that typically attracts rents in the top twenty-five percent (25%) bracket. 41 Item # C9.
9 Ordinance No. 38.848

"Commercial Athletic Facility" means a building or site equipped for physical training or athletic type games and sports, such as but not limited to, health spas, tennis, gymnasiums, handball courts, racquetball courts; also including ancillary uses when incidental to the primary use, such as but not limited to, steam baths, weight training, aerobic classes, massage, saunas, and the retailing of athletic supplies to be used in the facility.
"Commercial Fueling Facility" means a fueling facility designed for commercial customers which dispenses gasoline, diesel, or similar vehicle fuels, and which is not open to the general public, has no cash sales and provides no personal services on-site, provided that said facility is located not closer than five hundred (500) feet from any residentially zoned district or any area designated on the General Plan as being "residential" or any mobile home park.
"Commercial Laboratory" means a facility for scientific research in technology-intensive fields.

Examples include biotechnology, pharmaceuticals, genetics, plastics, polymers, films and fibers. "Commercial Service" means establishments which provide non-medical services of a retail character to patrons which may involve the sale of goods associated with the service being provided. These establishments include businesses that provide both personal and business services, but not industrial services.

Any assembly, processing or customization of products on the premises must be incidental and integral to the retail sale of the product. All such completed products must be sold on the premises and may not be distributed to another location for future retail sale or wholesale or for storage to be shipped to another location where the product is sold. This restriction shall not preclude the sale of completed products that are delivered or shipped to the retail customer. The total floor area devoted to assembly, processing, customization and packaging of products sold on the premises shall be less than half the area devoted to sales and display of the completed product.

Examples of establishments covered by this designation include:

1. Accountants;

2. Architects;

3. Dry cleaners;

4. Floral shops;

5. Barber and beauty shops;

6. Interior decorators;

7. Laundromats (self-service laundries);

8. Locksmiths;

9. Mailbox rentals;

10. Photocopy shops;

11. Shoe repair shops;

12. Tailors;
42 Item # C9.
10 Ordinance No. 38.848

13. Tuxedo rental shops.

Examples of establishments not covered by this designation include any dry-cleaning plants, metal shops, machine shops, welding shops, and any customer fabrication or machinery repair shops. "Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office, or store. A condominium may include in addition a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either of the following:

1. An estate of inheritance or perpetual estate.

2. An estate of life.

3. An estate for years, such as leasehold or sub-leasehold. "Condominium Conversion" means a change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, to that defined for a condominium project or a community apartment project regardless of the present or prior use of such land and structures and whether substantial improvements have been made or are to be made to such structures. "Conference Center" means a facility used for holding conventions, seminars, workshops or similar activities, including dining facilities and lounges for use by participants, as well as compatible accessory facilities such as offices and business centers.
"Continuing Violation" means a violation, infringement or breach of a provision of this chapter that is uninterrupted and lasts for a continuous period in excess of 24 hours. "Court" means an open unoccupied space, other than a yard, on the same lot with a building or buildings, and bounded on two (2) or more sides by a building, or buildings, including the open space in a dwelling group providing access to the units thereof.
"Court Apartment" means one (1), two (2) or three (3) multiple dwellings arranged around two (2) or three (3) sides of a court which opens onto a street, or a place approved by the Commission. "Curb Grade" means the elevation of the established curb in front of the building measured at the center of such front. Where no curb grade has been established, the City Engineer shall establish such curb grade or its equivalent for the purpose of this Chapter. "District" means a portion of the City within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in this Chapter. "Drive Through Uses" means any component or part of a building or structure which attracts or invites persons in motor vehicles to drive their vehicles upon the premises, and which is used to conduct business or used for the purpose of selling merchandise from the inside of said building to the occupants of motor vehicles.
“Dry-Cleaning Plant” means an establishment providing onsite, high-volume laundry and garment cleaning services, typically with the use of volatile solvents, including dry cleaning and garment pressing, 43 Item # C9.
11 Ordinance No. 38.848

diaper services, commercial laundries, and linen supply services. These facilities may include incidental onsite customer pick-up services.
"Dwelling" means a building or portion thereof designed exclusively for residential occupancy, including single-family, two-family and multiple-family dwellings, but not including hotels.

Dwelling, Group. "Group dwelling" means one (1) or more dwellings, other than a tourist court, arranged around two (2) or three (3) sides of a court, which opens onto a street, or a place approved by the commission, including single-family, two-family or multiple-family dwellings and court apartments. Group dwelling include homeless shelters and transitional housing.

Dwelling, Multiple-Family. "Multiple-family dwelling" means a building or portion thereof, designed for occupancy by three (3) or more families living independently of each other.

Dwelling, Single-Family. "Single-family dwelling" means a detached building designed exclusively for occupancy by one (1) family for living purposes and having only one (1) kitchen.

Dwelling, Two-Family. "Two-family dwelling" means a building designed exclusively for occupancy by two (2) families living independently of each other.
"Dwelling Unit" means a habitable room or group of habitable rooms (e.g., living room, bedroom, den, library, recreation, studio, etc.) designed for occupancy by one (1) or more persons living as a family or single household unit with common interior access to all living, kitchen and bathroom areas. No dwelling unit may have more than one (1) kitchen.
"EcoPass" means a program offered by the Valley Transportation Agency (VTA) in which employers or property owners purchase annual EcoPass stickers that allow their employees, tenants or residents to ride all VTA bus and light rail vehicles at no cost. "Educational Institution" means a college or university giving general academic instruction equivalent to the standards prescribed by the State Board of Education. "Electronic Smoking Device" means an electronic and/or battery-operated device, the use of which may resemble smoking that can be used to deliver an inhaled dose of nicotine or other substances. "Electronic Smoking Device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, vaporizer or any other product name or descriptor.
"Elevation" means:

1. A scale drawing of the front, rear or side of a building or structure; or

2. A vertical distance above or below a fixed reference level.

Emergency Cache, Community. "Community emergency cache" means a collection of disaster response supplies approved by the City's Office of Emergency Services that would benefit the surrounding community.
"Emergency Shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay as set forth in the California Health and Safety Code Section 50801(e), as may be amended.
44 Item # C9.
12 Ordinance No. 38.848

"Erosion" means the wear and removal of the material in the earth's crust from one site and the deposition at another.
"Extended Stay Hotel" means a commercial establishment providing lodging for a fee for guests, generally marketed to long-term visitors on a temporary basis, which contain furnishings and facilities for sleeping, bathing, food preparation and cooking, Kitchen facilities within individual units may include, but are not limited to, counters, refrigerators, stoves, and ovens. "Family" means an individual, or two (2) or more persons related by blood or marriage or legal adoption or joined through a judicial or administrative order of placement or guardianship, or unrelated persons who function together as a single household unit.
"Family Child Care Homes" means a home in which care, protection, and supervision of fourteen (14) or fewer children is regularly provided, in the caregiver's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away. Such homes are licensed by the State of California and include the following:

1. "Large family child-care home" means a home in which family child care is provided to nine (9) to fourteen (14) children, including children under the age of ten (10) who reside at the home.

2. "Small family child-care home" means a home in which family day care is provided to eight (8) or fewer children, including children under the age of ten (10) who reside at the home. "Farmers' Market" means an event offering for sale produce, food items, and related goods and merchandise by certified growers authorized to sell, directly to consumers, products that are produced on land the producer controls or taken in consignment from other producers. "Floor Area Ratio (FAR)" is defined for nonresidential Zoning Districts as the maximum permitted ratio of gross floor area to site area and is calculated as follows:

FAR = Total of Gross Floor Area for All Structures on Site _____________________________
Site Area

"Frontage" means all the property fronting on one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or city boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.

Garage, Private. "Private garage" means a detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the premises.

Garage, Public. "Public garage" means a building, other than a private garage, used for the care, repair, or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire or sale.

Game Machine, Mechanical or Electronic. "Mechanical or electronic game machine" means any machine, apparatus, contrivance, appliance, or device which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball, token, or any other article or device, or by paying therefore either in advance or after use, involving in its use either skill or chance, including, but not limited to tape machine, card machine, pinball machine, bowling game machine, shuffleboard machine, marble game machine, horse racing machine, basketball game machine, baseball game machine, football game machine, 45 Item # C9.
13 Ordinance No. 38.848

electronic video game or any other similar machine or device, exclusive of food, beverage and tobacco vending machine.

Grade, Finished. "Finished grade" means the final elevation of the ground surface after development, as shown on a precise Grading Plan.
"Grocery Store" means any premises wherein any of the following are exposed, offered for sale, or sold by retail: fresh fruits; fresh vegetables; bakery; meat; poultry, or fish products; frozen foods; and processed and pre-packaged food.
"Gross Acreage" means the total area within the boundaries of a legal lot or parcel, including any area proposed to be dedicated or reserved for public right-of-way. Adjacent lands already dedicated for public right-of-way, including public roadways, easements or other areas, shall not be included as part of the gross acreage.
"Gross Floor Area" means the total of all floors measured from the interior faces of the building, but not including areas for parking, basements, shaft enclosures, or unroofed inner courts unless any outdoor areas are used for retail purposes.
"Guest House Accessory Building" means a one accessory structure, used for the accommodation of guests. Said guest house shall not contain any kitchen or cooking facilities but may contain one (1) bedroom, one (1) living area and one (1) bathroom, and shall be limited in floor area to a maximum of twenty (20%) percent of the total floor area of the main residence.
"Habitable Space" means a room designed for living, sleeping, eating or food preparation, including but not limited to a den, study, library, home office, sewing room or recreational room and excluding such areas as garages.
"Head/Smoke/Tobacco Shop" means a retail establishment primarily engaged in the selling of smoking and tobacco products and accessories, and other products, devices and components reasonably assumed to be used for smoking and/or the inhalation or ingestion of any substances. Tobacco products may include but are not limited to cigarettes, cigars, loose leaf tobacco, tobacco pipes, Electronic Smoking Devices and accessories, vaporizers and accessories and any other product, device or component used in the inhalation of tobacco, nicotine or other substance. For the purposes of this definition only, "primarily engaged" means when thirty percent (30%) or more of products sold at the retail establishment are smoking and tobacco products and accessories, and other products, devices and components reasonably assumed to be used for smoking and/or the inhalation or ingestion of any substance. "Home Occupation" means a business enterprise conducted within a dwelling by the residents of the dwelling and which is incidental and secondary to the use the dwelling for residential purposes. "Hospital" means an institution that maintains and operates facilities for primarily inpatient medical care, including x-ray, laboratory and surgical, for the diagnosis, care and treatment of human illness, injury and disease (physical or mental).
"Hotel" means a commercial establishment providing lodging accommodations for a fee for transient guests, generally for stays of 30 days or less, with access to rooms or units primarily from interior lobbies, courts or halls. A hotel may include limited facilities for storage and preparation of food and beverages within individual rooms, such as coffee makers, mini refrigerators and microwave ovens. 46 Item # C9.
14 Ordinance No. 38.848

"Individual Violation" means a noncontinuous condition or occurrence in violation, infringement or breach of a provision of this chapter that does not exceed twenty-four (24) hours in duration. An Individual Violation may be recurrent. Examples of "Individual Violations" for the purposes of this Chapter include, but are not limited to, the illegal outdoor storage of materials, entertainment events, or outdoor seating in violation of a use permit.
"Instruction, group and private" means the provision of instructional services, including but not limited to photography, fine arts, crafts, dance or music studios, driving schools, diet centers, yoga, martial arts studios, after school programs or similar uses. This definition does not include instruction received through trade or vocational schools nor a post-secondary school or child-care centers. Private instruction includes fewer than six (6) students or clients at any one time and group instruction includes six (6) or more students or clients at any one time.
"Intensity" means the degree to which land is used, measured by a combination of the type of land used and the amount of land or floor area devoted to that use. "Intensification of Use" means to alter the character of a use to the extent that the use generates new or different impacts on the health, safety, or welfare of the surrounding neighborhood, including but not limited to the level or amount of traffic, noise, light, smoke, odor, vibration, outdoor storage, or other similar conditions associated with the use.
"Junk Yard" means the use of more than one hundred (100) square feet of the area of any lot for the storage of junk, including scrap materials and metals, or wrecked vehicles and machinery, whether or not sale of such junk is made or proposed.
"Kennel" means any lot or premises on which four (4) or more dogs, more than four (4) months of age, are kept.
"Kitchen (for residential uses)" means a residential kitchen shall be enclosed and interior to the dwelling unit utilized for the preparation of food and include two (2) or more of each of the following:

1. A sink (typically larger than 14″ × 17″);

2. A full-size refrigerator (typically larger than 24″ × 64″);

3. A 220-V electrical service outlet (typically used for major cooking appliances such as a stove, oven or cooking range).
“Laundromat” means a primarily self-service facility where customers wash and dry clothing and other textiles in on-site machines, and where ancillary full-service laundry services may also be offered. "Live-Work Unit" means a dwelling unit with a separate living space attached to a workspace within the same unit. The workspace and the living space must be occupied by the same tenant. Live/work uses allow one non-residential employee, more customers, and a broader range of uses than permitted in Home Occupations. See XI-10-13.12 within Special Uses for Live-Work Unit purpose, intent, and regulations.

Uses permitted or conditionally permitted within the underlining zoning district apply unless otherwise prohibited in Section 10-13.12(E). Additional uses covered by this designation include, but are not limited to:

Art and craft work;
Offices, Business and Professional only use;
47 Item # C9.
15 Ordinance No. 38.848

Accountant;
Architects;
Artists and artisans;
Attorneys;
Computer software and multimedia related professionals; Engineers;
Fashion;
Interior and other designers; and
Commercial service.
"Loading Area" means an open area, other than a street or alley, used for the loading or unloading of vehicles.
"Loading Space" means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials, and which abuts upon a street or other appropriate means of access. "Lot" means land occupied or to be occupied by a building, or unit group of buildings, and accessory buildings, together with such yards and lot area as are required by this Chapter and having its principal frontage upon a street or a place approved by the Commission.

1. "Corner lot" means a lot, or portion thereof, not greater than seventy-five (75) feet in width and situated at the intersection of two (2) or more streets.

2. "Flag lot" means a lot having access or an easement to a public or private street by a narrow, private right-of-way.

3. "Interior lot" means a lot other than a corner lot.

4. "Key lot" means a lot with a side line that abuts the rear line of any one (1) or more adjoining lots.

5. "Reversed corner lot" means a corner lot the street line of which is substantially a continuation of the front line of the lot to its rear.

6. "Through lot" means a lot having frontage on two (2) paralleled or approximately paralleled streets.
"Lot Dimensions."

1. "Lot Area" means the total horizontal area within the lot lines of a lot.

2. "Lot Depth" means the horizontal distance between the front and rear lot lines, measured along the median between the two (2) side lot lines.
48 Item # C9.
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3. "Lot Lines" means the lines bounding a lot as defined herein. a. In the case of an irregular shaped lot or a lot with more than four (4) sides where there is question as to which are the front, side, and rear property lines in order to determine setbacks and required yards, there shall be at a minimum of one (1) front property line and one (1) rear property line. The rear property line shall be the lot line directly parallel to the front property line and of a width of at least thirty (30) feet in length. If no such lot line exists, the Director of Planning shall make the final determination as to the rear property line of such lot.

4. "Lot Width" means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. "Manufacture" means preparation, making treatment or processing of articles as merchandise. "Massage Establishment" means any establishment having a fixed place of business where any person, firm, association, partnership, corporation or other entity engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any massage for compensation. For the purpose of this Chapter, the term "massage establishment" shall also include, but not be limited to, any business providing off-premises massage services.
"Massage Establishment, Accessory" means an establishment that provides massage which is incidental to the primary business, where the owner of the primary business is responsible for the massage services and conduct of the massage technician(s) employed at the location. "Medical and Dental Offices" means a building or place where (a) member(s) of the medical profession, dentists, chiropractors, osteopaths, acupuncturists, and physicians or occupational therapists provide diagnosis and treatment to the general public without overnight accommodation and shall include such uses as reception areas, offices, consultation rooms, pharmacy and x-ray providing that all such uses have access only from the interior of the building or structure. "Medical and Dental Clinics" means the same as Medical and Dental Offices, except they also include minor operating rooms and out-patient surgery with no overnight stay. "Medical Support Laboratory" means a facility for scientific laboratory analysis of medical resources.

The analysis is generally performed for an outside customer, to support the work of that customer. "Micro-mobility Device" means a small, lightweight vehicle operating at a speed typically below 15 miles per hour and driven by the individual user, such as bicycles, e-bikes, and electric scooters. "Mixed Use Development" means a development that consists of vertical or horizontal combination of residential and commercial uses within a single building or site. "Mobile Home" means a transportable structure designed to be used as a dwelling unit when connected to required utilities.
"Mobile Home Accessory Building or Structure" means any awning, portable, demountable or permanent cabana, ramada, storage cabinet, carport, fence, windbreak or porch established for the use of the occupant of the mobile home.
"Mobile Home Lot" means a portion of mobile home park designated or used for the occupancy of one mobile home.
49 Item # C9.
17 Ordinance No. 38.848

"Mobile Home Park" means any areas or tract of land where mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation. "Mobile Home Stand" means the area on which the mobile home is placed when it is stationed on the lot, including the land lying under the mobile home.
"Mobile Recycling Unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles or bins, boxes or containers transported by a truck, van or trailer, and used for the collection of recyclable materials.
"Motel" means a building or group of attached or detached buildings providing lodging accommodations for a fee for transient guests, generally for stays of 30 days or less, with access to each room or unit through an exterior door. Motels are distinguished from hotels primarily in that the former provide direct independent access to, and adjoining parking for, guest rooms and do not provide 24-hour guest services.
"Natural Land Slope" means the average slope of the lot in percent, determined by observation on simple slopes, or more precisely by the formula:

S = 100 I L A
Where:

I is the contour interval in feet;
L is the combined length of the contour lines in scale feet; and A is the net area of the lot in square feet.
"Nonconforming Building" means a building or structure or portion thereof lawfully existing at the time this Chapter became effective, which was designed, erected or structurally altered, for a use that does not conform to the use regulations of the district in which it is located. A nonconforming building shall also mean any building or structure built in compliance with all city land use and zoning laws in existence at the time and which does not comply with current development standards, including but not limited to height, setbacks, floor area ratio, maximum lot coverage, maximum size of residence, front yard paving and impervious surface coverage.
"Nonconforming Use" means a use which lawfully occupied a building or land at the time this Chapter became effective and which does not conform to the use regulations of the district in which it is located. "Occupation" means a principal business, profession or vocation in which one is regularly and habitually engaged for the purpose of compensation for a livelihood. “Offices, Business and Professional” means offices of firms or organizations providing professional, management, or administrative services, including but not limited to:

Accounting;
Architectural;
Business and management consulting;
50 Item # C9.
18 Ordinance No. 38.848

Computer and technology;
Engineering; Insurance;
Insurance;
Interior design;
Graphic design;
Real estate;
Title companies;
Legal services
This classification does not include medical and dental offices, which have a separate definition. "Open-Air Business" means drive-in business where persons are served in automobiles. "Outdoor Music" means live music, both acoustic and amplified, including live individual musicians, bands, and disc jockeys (DJs), that takes place on a patio or other outdoor space. Outdoor music as defined and regulated in this Chapter shall also include recorded background music played at a public establishment such as a restaurant, bar, retail store, or other business. "Owner/Occupant" means any person owning property, as shown on the last equalized assessment roll for City taxes, or the lessee tenant, or other person having control or possession of the property. "Parcel" shall mean a legal lot of record.

Parking Area, Private. "Private parking area" means an open area, other than a street or alley, used for the parking of the automobiles of occupants of a building.

Parking Area, Public. "Public parking area" means an open area, other than a private parking area, street or alley, used for the parking of automobiles and available for public or quasi-public use.

Parking Space, Automobile. "Automobile parking space" means a space within a building or a private or public parking area for the parking of one (1) automobile. "Parking Structure" means a structure or portion thereof composed of one or more levels or floors used exclusively for the parking or storage of motor vehicles. A parking structure may be totally below grade (as in an underground parking garage) or either partially or totally above grade with those levels being either open or enclosed.
"Patio Cover" means a one-story structure, not exceeding twelve (12) feet in height and open on one (1) or more sides (provided, however, that the open sides may be closed with insect or plastic screening that is permeable material and not in any manner that would obstruct the free passage of light or air) used for recreational, outdoor living purposes only and not as carports, storage rooms or habitable rooms. "Person" means a natural person, his heirs, executors, administrators, or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid. 51 Item # C9.
19 Ordinance No. 38.848

“Personal Services” means a commercial establishment which provides services of a personal or aesthetic nature directly to consumers, including but not limited to:

1. Beauty salons and barber shops;

2. Nail salons;

3. Tanning salons;

4. Hair removal salons;

5. Tattoo studios;

6. Body piercing studios.
"Place" means an open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.
"Places of Assembly." See "Assembly"
"Private Recreational Areas" means any usable open space or recreational facility available for use by all the site's residents.
"Property" means all real property and fixtures, including, but not limited to, parking lots, sidewalks, gutters, driveways, walkways and any building and structure located on such property. "Public Right-of-Way" as defined in Section V-500-1.13 of the Milpitas Municipal Code, shall mean the full width of the right-of-way of any street, as defined in the California Vehicle Code used by the general public, whether or not such street has been accepted as and declared to be part of the City system of streets, including streets forming a part of the State Highway System. "Public right-of-way" also includes easements where the City is the grantee of the easement and property owned by the City of Milpitas or the Milpitas Redevelopment Agency and any public park, trail, or right-of-way within the City of Milpitas. "Public Safety Use" means facilities for public safety or emergency services, including police and fire protection.
"Public Service Use" means facilities owned and operated by governmental agencies that provide services to the general public, including but not limited to federal, state and municipal administration buildings, courthouses, and post offices.
"Public Use" means a use intended to serve the whole city and/or region and operated by a public institution or entity. Such uses have the purpose primarily of serving the general public and include public schools, recreational facilities, government housing, government clinics, and the like. "Public Utilities" means facilities for the production, storage, treatment, transmission and/or distribution of electricity, natural gas, water, wastewater, and telecommunications and other similar essential services. "Quasi-Public Use" means a use intended to serve the whole city and/or region and are operated by a private, nonprofit, educational, religious, recreational, or charitable, and having the purpose primarily of serving the general public. Such uses include religious facilities, private schools, community theaters, community and club organizations, private hospitals, places of assembly and the like. 52 Item # C9.
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"Recreation or Entertainment Facility" means a commercial establishment (indoors or outdoors) where patrons can actively participate in entertainment or recreation activities either independently or in conjunction with other uses.
"Recyclable Material" means reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form.

Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with the California Health and Safety Code. "Recyclable Processing Facility" means a building or space used for the collection and processing of recyclable materials. Processing means the preparation of material for shipment by such means as baling, briquetting, compacting, flattening, grinding, crushing, sorting, shredding, cleaning and remanufacturing. “Repair and Cleaning, Small Items” means a commercial establishment that performs cleaning, repair, and alteration of small consumer and household items, such as laundromats (self-service laundries), dry cleaning pick-up stores (where cleaning is done off-site), tailors, shoe repair shops, jewelry and watch repair shops, and locksmiths. Excludes dry-cleaning plants, business equipment and computer repair, heavy equipment and machinery repair, repair and servicing of large and bulky household items such as appliances and furniture, or vehicle repair.
"Research and Development (R and D) Uses" means one or more buildings which feature a combination of offices, manufacturing, assembly, warehousing, distribution, laboratories and clean rooms, and ancillary uses such as cafeterias and employee fitness facilities. "Restaurant" means an establishment in which the principal use is the preparation and sale of food and non-alcoholic beverages. If approved, the service of alcoholic beverages is incidental to the principal use.

1. "Drive-in" means a restaurant that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises.

2. "Drive-thru" means a restaurant which includes one ( 1) or more drive -through lanes for the ordering and receipt of foods and/or beverages by patrons remaining in their vehicles.

3. "Fast-food" means a restaurant that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service, or prepared. Orders are generally not taken at the customer's table, and food is generally served for consumption either on or off the premises. For the purposes of parking requirements, the ordering or take-out area is defined as the counter and the area between the counter and the main entry to the establishment.

4. "Take-out" means a restaurant where foods and/or beverages are sold directly to the customer in a ready-to-consume state for consumption off site with no seats onsite. For the purposes of parking requirements, the ordering or take -out area is defined as the counter and the area between the counter and the main entry to the establishment.
"Retail Stores, General Merchandise" means retail trade establishments selling lines of merchandise.

Examples of general retail storesThese stores and lines of merchandise include but are not limited to:

1. Art supply;

2. Antiques;
53 Item # C9.
21 Ordinance No. 38.848

3. Bakeries (retail only);

4. Bicycles;

5. Books;

56. Candy stores;

67. Clothing and accessories;

78. Collectables;

89. Fabrics and sewing supplies;

10. Floral;
811. Gifts (novelties and souvenirs);
912. Hobby materials;
1013. Jewelry;
1114. Luggage and leather goods;
1215. Music stores;

16. Office supplies and stationery;
1317. Sporting goods and equipment;
1418. Toys and games;

19. Tuxedo and formalwear rental;
1520. Variety stores;
1621. Video rentals and sales.

"Reverse Vending Machine" means an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic containers, and issues a cash refund or a redeemable credit slip. A reverse vending machine sorts, and processes containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

A bulk reverse vending machine is a reserve vending machine that is larger than fifty (50) square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container. "Satellite Dish Antenna or Satellite Antenna" means any device incorporating a reflective surface that is solid, open mesh or bar configured to form a shallow dish, cone, horn or cornucopia used to transmit and/or 54 Item # C9.
22 Ordinance No. 38.848

receive electromagnetic signals. This definition includes antennas that are sometimes called "SES," "TVRO," "TVBS," and "DBS."
"School: Elementary, Middle, or High" means an institution which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California.
"School, trade and vocational" means an establishment where training is received to learn a particular trade or craft that involves skilled labor. Trades and crafts include but are not limited to the various construction trades, auto mechanics, machining, HVAC installation/repair/maintenance and similar trades and crafts.

Setback. See "Yard."
"Short-Term Rental Unit" or "Short-Term Rental" or "STR" means the use of a dwelling unit, including, without limitation, a single-family, two-family, or multiple-family dwelling unit, mobile home, or any portion of such dwellings, rented for occupancy for dwelling, lodging, or sleeping purposes for a period of 30 or fewer calendar days, counting portions of days as full calendar days.

Signs. For purposes of Section XI-10-24, Sign Regulations, of this Chapter, the following definitions shall apply:

1. "Abandoned Signs" means any sign used for advertising or other purposes where the business it advertised or the use or event it supported has ceased operation for or occurred more than ninety (90) days prior to the sign's posting.

2. "Abate" means to repair, replace, remove, destroy, or otherwise remedy the condition in violation of this Chapter.

3. "A-Frame Sign" means and includes a sign that is portable, is capable of standing without support or attachment, and folds open in the form of an "A" or "sandwich-board".

4. "Ancillary services sign" means a sign displaying ancillary services such as smog services, lotto, or that represent trade affiliations, such as credit card services, or other similar services and not for the purpose of displaying products being sold.

5. "Approved Plastics" means those materials specified in the U.B.C. Standard No. 52 -1 which have a flame spread rating of 225 or less and a smoke density not greater than that obtained from the burning of untreated wood under similar conditions when tested i n accordance with U.B.C.

Standard No. 42-1 in the way intended for use. The products of combustion shall be no more toxic than the burning of untreated wood under similar conditions.

6. "Architectural Sign" means and includes a sign used for advertising purposes which constitutes an integral part of a roof or marquee and is designed with an intent and purpose to relate to the architectural style of the main building.

7. "Area Identification Sign" means and includes a permanent sign which serves to identif y an area.

8. "Awning sign" means any sign or graphic attached to, painted on or applied to an awning or canopy.
55 Item # C9.
23 Ordinance No. 38.848

9. "Balloon Sign" means and includes any large [over three (3) cubic feet in size] inflatable hot/cold air or helium balloon that is used as an advertising device for any business or promotional event.

10. "Banner Sign" means and includes a temporary sign composed of lightweight, flexible, non-rigid material either enclosed or not enclosed in a rigid frame.

11. "Blade Sign" means a pedestrian oriented sign, adjacent to a pedestrian walkway or sidewalk, attached to a building wall, marquee, awning, or arcade with the exposed face of the sign in a plane that is perpendicular to the plane of the building wall.

12. "Building Perimeter" means the total exterior wall length for any and all buildings intended for human occupancy, as measured at the ground elevation. No second story or subsequent upper story areas shall be considered as a part of this calculation.

13. Canopy Sign. See awning sign.

14. "City Identification Sign" means and includes a sign placed at the point of entry to the City of Milpitas for the purpose of informing a person that they are entering the City of Milpitas.

15. "Construction Sign" means and includes a sign placed on the property where site work, building construction and/or a tenant improvement within an existing building is in progress. The sign may denote that a business will be opening soon, the opening date, names of the architect, engineer, contractor, future business and lending agency.

16. "Directional Sign" means a sign which guides and directs motorists to a specified destination in the most direct manner possible.

17. "Display Surface" means the area made available by the sign structure of building surface for the purpose of displaying the advertising message.

18. "Electric Sign" means any sign containing electrical wiring, but not including signs illuminated by an exterior light source.

19. "Erect" means to build, construct, attach, hang, place, suspend or affix.

20. "Exposed raceway" means an enclosure or conduit that is used to conceal wiring for a lighted sign and is visible from any elevation, typically located between the sign and the building to which the sign is attached.

21. "Flag" means a visual device with no commercial copy, usually rectangular in shape and made of a cloth material suspended by, or attached to, a pole or post and may be raised or lowered.

22. "Flag sign" means a visual display device with commercial copy, usually rectangular in shape and made of a cloth material suspended by, or attached to, a post, or pole and may be raised and lowered.

23. "Freestanding Sign" means a sign which is supported by one or more uprights, poles, or braces in or upon the ground, or partially supported and attached to any building, other structure, or foundation on the ground.

24. "Garage Sale Sign" means a sign used primarily for the purpose of advertising a "garage sale" and/or "yard sale" at a residence.
56 Item # C9.
24 Ordinance No. 38.848

25. "Grand Opening Sign" means and includes banners, pennants, flags, balloons, and similar advertising devices when used only for bona fide grand-opening functions, new ownership, name change, or the reopening of a business that has completely closed for remodeling for at least two weeks.

26. Graphic Panel, Freestanding. Freestanding graphic panel means a freestanding sign located within five feet of the main building wall, which relates to the architecture of the building a nd depends primarily on a graphic image for delivering its advertising message. Graphic panels do not count as freestanding signs. The display area on graphic panels counts towards overall sign area.

27. "Impact Resistive Plastic" means any plastic material capable of resisting fifty (50) foot pounds of force as tested in accordance with ANSI/UL 972 Multiple Impact Test or any similar test procedure.

28. "Information Sign" means and includes signs providing courtesy information, or direction to the public without advertising the business products, or services such as hours, entrance, exit, self - serve, credit cards, restrooms, telephone drive -up, or which serves to direct motorist and pedestrians on private property.

29. "Joint Use Sign" means and includes a freestanding sign for a commercial district under multiple ownerships where freestanding signs for each parcel for which signage is desired is infeasible.

The commercial district shall be characterized by close proximity of the businesses and small parcel size. A common parking field and common vehicular circulation are encouraged.

30. "Logo" means a trademark, or symbol of an organization which is registered with the federal or State government and consistently used in conducting the business activities of said organization.

31. "Marquee" means a permanent roofed structure, attached to, and support by the building and projecting beyond the main building.

32. "Multi-use Structures" means any commercial, industrial, quasi -public, or agricultural farm products sales use, containing five or more stores, or businesses on a single parcel of land.

33. "Mural" means a display, or illustration painted on a building, or wall within a public view not intended to advertise a product, service, or business, and therefore is not considered a sign.

34. "Mural sign" means a display, or illustration painted on a building, or wall intended to advertise a product, service, or business.

35. "Noncombustible Material" means any material which will not ignite at, or below a temperature of one thousand two hundred (1,200) degrees during an exposure of five (5) minutes, and which will not continue to burn or glow at that temperature. Tests shall be made as specified in U.B.C.

Standard No. 4-1.

36. "Nonstructural Trim" means the molding, battens, capping, nailing strips, latticing, cutout, or letters and walkways which are attached to the sign structure.

37. "Off-site Advertising Display" means any sign that advertises, or informs about a business organization, event, goods, products, services, or uses not available on the property upon which the sign is located.
57 Item # C9.
25 Ordinance No. 38.848

The term "Off-site Advertising Sign" does not include Joint Use Sign, Temporary Tract Advertising Signs for subdivisions under construction in the City, Open House Directional Signs, Garage Sale Signs, Off-site Public Information Signs, off-site directional signs for purposes of identifying regional shopping centers, and Temporary Tract Advertising Signs.

38. "Off-site Directional Sign" means any sign that provides direction to retail, community, and cultural events not available on the property upon which the sign is located.

The term "Off-site Directional Sign" does not include Garage Sale Signs, Joint Use Signs, Official City or City-sponsored signs, Off-site Directional Signs identifying regional shopping centers, Off-site Public Information Signs, Open House Directional Signs, and Temporary Tract Advertising Signs.

39. "Off-site Public Information Sign" means a sign that is placed proximate to a major city entry on privately owned property that is used to provide non -advertising information and/or identification symbols or plaques to the public for civic organizations, service clubs or other quasi- public uses and is erected within the public right-of-way.

40. "Open House Directional Sign" means a sign, no larger than six (6) square feet in sign area per side, used primarily for the purpose of directing traffic to a house being offered for sale or lease.

41. "Other Advertising Structure" means any device erected or used for the same purpose as a sign, whether erected, or used:
a. Exclusively for advertising purposes, upon which any poster bill, printing, painting device, or other advertisement or identification of any kind whatsoever may be placed, posted, painted, fastened, or affixed.
b. Exclusively for advertising purposes and including any spectacle, display or advertising statuary.

42. "Permanent Sign" means every sign except temporary sign as defined herein.

43. "Political Sign" means a sign which is designated to influence the action of the voters, and election, or defeat of a candidate for the nomination, or election to any public office, or a measure appearing on the ballot at any national, state, district, or local election.

44. "Portable" means an object that is capable of being borne or carried, easily transported, or conveyed without difficulty.

45. "Portable Sign" means and includes a sign that is portable and capable of being borne, or carried, easily transported, or conveyed without difficulty, is capable of standing without support or attachment, is unattached to any structure, and is used for advertising purposes.

46. "Projection" means the distance by which a sign extends over public property or beyond the building line.

47. "Projecting Sign" means a sign other than a wall sign which projects from and is supported by a wall of a building or structure.
58 Item # C9.
26 Ordinance No. 38.848

48. "Public Information Sign" means a sign erected for the sole purpose of displaying advertising for community activities and/or identification symbols or plaques for civic organizations or service clubs.

49. "Public Street Frontage" means a publicly owned street immediately adjacent to the parcel, for purposes of sign area and height calculations. Public streets for which the parcel does not have access rights are not included for purposes of any sign calculations.

50. Raceway. See "exposed raceway."

51. "Regional Shopping Center" means any commercial development on one (1) or more parcels of land which are contiguous, or across from a right -of-way which contains a gross land area of at least thirty (30) acres or a gross building area of at least 200,000 square feet. Current regional shopping centers are McCarthy Ranch Marketplace, the Town Center shopping center, and the Great Mall and its out-parcels zoned General Commercial.

52. "Roof Sign" means a sign ere cted upon or above a roof or a part of a parapet of a building or structure.

53. "Scoreboard Sign" means a sign located on scoreboard structures located in an adult or youth outdoor playing field on public property and shall be for products or businesses available to persons of all ages.

54. "Shopping Center" means any commercial development containing five (5) or more stores or businesses on one (1) or more parcels of land operating as an integrated use and having a gross parcel area of five (5) or more acres.

55. "Shopping Center Identification Sign" means a sign located on the site of a shopping center or regional shopping center that states the name of the shopping center or regional shopping center.

56. "Sign" means every announcement, declaration, demonstration, display, illustration insignia, surface, or space when erected or maintained out of doors in view of the general public for identification, advertisement or promotion of the interests of any person.

57. "Sign Area" means the area of a sign to be calculated that includes all lettering, wording, and accompanying designs or symbols, together with any background of a different material or color than the remainder of the wall of the building to which is affixed or upon which it is painted. In the case of a freestanding sign, the supports or uprights on which any sign is supported should not be included in determining the sign area unless such supports or uprights are designed in a manner as to form an integral background of the sign.

Where the sign consists of individual letters or symbols, the area shall be considered to be that of the smallest rectangle, circle, square, or triangle which can be drawn to encompass all of the letters. Provided however, that where such individual type letters or symbols are separated more than thirty-six (36) inches from each other, those letters or symbols shall be calculated separately.

If the sign has more than one (1) advertising surface, the sum of all the areas of all such surfaces shall be the area of the advertising surface of such sign except that, if two (2) surfaces on the same face in opposite directions (i.e., the relative angles between the directions they face is one hundred eighty (180) degrees) and the distance between such two (2) surfaces is not more than 59 Item # C9.
27 Ordinance No. 38.848

twenty-four (24) inches, then the area of only one of the two surfaces (the largest if they are not equal) shall be included in the computation.

58. "Sign Program" means a specific set of design standards established for the purpose of unifying a variety of signs associated with a multitenant or multiuse project, building or complex of buildings.

59. "Sign Surface" means the surface of the sign upon, against or through which the message is displayed or illustrated.

60. "Snipe sign" means temporary or portable signs advertising events that are fastened to fences, trees, utility poles, or other structures or fixtures and also including signs on sticks stuck in the ground and usually found off-site. These do not include real estate, political or open house signs.

61. "Statuary Sign" means statuary used for advertising purposes or representing the logo of a business.

62. "Temporary Sign" means any sign, banner, flag, valance, pennant, streamer, whirligig or advertising display, constructed of cloth, canvas, fabric, cardboard, plywood or other light material with or without a frame, whether attached or portable, and designed or intended to be displayed for a short period of time.

63. "Temporary Promotional Sign" means any temporary Balloon Signs, banners, and similar advertising devices when used only for special promotional events.

64. "Temporary Tract Advertising Sign" means a uniformly designed sign which advertises a residential development.

65. "Vehicle-Mounted Sign" means a sign, used for the purpose of advertising, larger than three (3) feet by three (3) feet mounted on, attached to or capable of being borne or carried, easily transported or conveyed without difficulty by a vehicle, where that vehicle is parked on public or private property. This definition does not include signs on delivery vehicles in the act of making a delivery or signs on vehicles parked on residential driveways or public streets.

66. "Wall Sign" means any sign painted on, attached t o or erected against the wall of a building or structure.

67. "Window Sign" means any sign painted, attached, glued or otherwise affixed to the interior or exterior surfaces of a window or suspended or located within three (3) feet of the window for the primary purpose of being visible from the exterior of the building. "Single Household Unit" means the functional equivalent of a traditional family, whose members are a non-transient interactive group of persons jointly occupying a single dwelling unit, including the joint use of common areas which are not compartmentalized, such locked cabinets or doors. A single housekeeping unit shall be limited to one (1) kitchen and shall have permanent internal access to all rooms within the dwelling unit, except as provided for Accessory Dwelling Units.
"Single Room Occupancy (SRO) Residence" means a multi-tenant building consisting of single room dwelling units that are the primary residence of its occupants, containing either individual or shared kitchen and bathroom facilities. These units are small (generally less than 350 square feet), and provide a valuable 60 Item # C9.
28 Ordinance No. 38.848

source of affordable housing for individuals and can serve as an entry point into the housing market for formerly homeless people.

Slope. Same as "Natural Land Slope."
"Specific plan" means a detailed plan for the development of a specific area. Specific plans are a significant tool to implement the General Plan. A specific plan documents the proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, parks and other essential facilities proposed to be located within or needed to support the land uses described in the plan, as well as implementation and financing methods and added benefits to the City as a whole.

Stable, Private. "Private stable" means a detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.

Stable, Public. "Public stable" means a stable other than a private stable. "Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and ceiling next above it.

Story, Half. "Half story" means a story under a gable, hip or gambrel roof, the wall plates on which on at least two (2) opposite exterior walls are not more than four (4) feet above the floor of such story. "Street" means a permanently reserved thoroughfare which affords principal means of access to abutting property.
"Structure" means anything constructed or erected, which requires location on the ground or is attached to something having a location on the ground.
"Supportive Housing" means housing with no limit on length of stay, that is occupied by the target population as defined in Section 11302 of Title 42 of the United States Code, as may be amended, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community as defined in the California Health and Safety Code Section 50801(e), as may be amended. "Thrift Store" means any profit or nonprofit business, organization, group or otherwise that engages in or specializes in the sale or resale of previously owned or used goods and merchandise from an area greater than 25 percent of the total floor area devoted to retail sales and whose goods and merchandise are donated or primarily donated. A specialty retail store that sells used goods or merchandise not donated for sale, including but not limited to used record stores, used book stores, used furniture stores, and sports trading card stores, shall not be considered a thrift store for the purpose of this Chapter. "Townhouses" means dwelling units that are attached at their sides in groups of three or more and are sited on individual lots with vehicular access from driveways. Private rear yards or patios and common open space may be part of a townhouse development.

Trailer, Automobile. "Automobile trailer" means a vehicle without motive power designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons and property, including a trailer coach or house trailer.
"Transitional Housing" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to 61 Item # C9.
29 Ordinance No. 38.848

another eligible program recipient at some predetermined future point in time, which shall be no less than six months as defined in the California Health and Safety Code Section 50801(e), as may be amended. "Tri-laminate Asphalt Composition" means an asphalt composition roof material that is comprised of three layers of tile adhered together to create one shingle and when installed overlap with another row of three-layered tile for a total minimum thickness of ⅞ inches. "Tutoring Centers" means facilities offering academic instruction to individuals or groups in a classroom setting.
"Unreasonable Period of Time" means not less than thirty (30) calendar days following notification by the City to the owner/occupant pursuant to this Chapter that the property is in violation of this Chapter. The City Manager, upon a finding that the violation in question constitutes a threat to the health and safety of any person may designate a time period of thirty (30) calendar days or less upon notice to the owner/occupant to abate the nuisance. Prior notice shall not be required for summary abatement pursuant to this Chapter. "Usable Open Space" means any open space, the smallest dimension of which is at least six (6) feet and which is not used as storage or for movement of motor vehicles. Yards abutting a public street, which are not adequately screened for privacy, in the opinion of the Planning Commission, shall not qualify as usable open space.
"Use" means the purpose for which land or a building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained. "Video Sales and Rental Store" means any place of business which includes the sale or rental of prerecorded video tapes, laser discs, compact discs, or any other medium which projects pictures on a screen.

Wireless Communications Facilities Definitions. For the purposes of wireless communications facilities, the following definitions shall apply:

1. "Commercial Wireless Communication Facility" means a wireless communication facility operated by a for-profit business or for-profit purposes. See by contrast, "Noncommercial wireless communication facility."

2. "Noncommercial Wireless Communication Facility" means a wireless communication facility operated by a government agency, a nonprofit organization, a for -profit business for nonprofit purposes or a private citizen for personal use. It includes all amateur radio facilities. See by contrast, "Commercial wireless communication facility."

3. "Stealth Wireless Communications Facility" means any antenna designed to be architecturally integrated into a building that is architecturally consistent with the building design. Examples include a steeple, cupola or tower element on a building and do not include flag poles, monopoles or other structures designed to house antenna and resemble natural features.

4. "Wireless Communication Facility" means the equipment and associated structures needed to transmit and/or receive electromagnetic signals. A wirele ss communication facility typically includes antennas, supporting structures (including, but not limited to, monopoles, utility structures, buildings and accessory structures), enclosures and/or cabinets housing associated equipment, cable, access roads and other accessory development. 62 Item # C9.
30 Ordinance No. 38.848

"Yard" means an open space, other than a court, on a lot, unoccupied and unobstructed, except by eaves, from the ground upward, except as otherwise provided in this Chapter. Where applicable, yards shall be measured perpendicularly from the property line to the face of the nearest exterior wall of any main building, except as otherwise provided in this Chapter (See Subsection XI-10-55.04-11). Setback shall be synonymous with yard.

Yard, Front. "Front yard" means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.

Yard, Rear. "Rear yard" means a yard extending across the full width of the lot between the most rear main building and the rear lot line; the depth of the required rear yard shall be measured horizontally from the nearest point of the rear lot line toward the nearest exterior wall of the main building.

Yard, Side. "Side yard" means a yard between the main building and the side lot line extending from the front yard, or front lot line where no front yard is required, to the rear yard; the width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest exterior wall of the main building.

Zone. See "district."
SECTION 5. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10 , SECTION 4
Title XI, Chapter 10, Subsections 4.02 (“Residential Use Table”) and 4.03 (“Residential Special Uses”) of the Milpitas Municipal Code are hereby amended to read as follows:

Table XI-10-4.02-1
Residential Zone Uses
Use R1 R2 R3 R4 R5

1. Commercial
Commercial services 1,2 NP NP C C C
Personal services 1,2 NP NP C C C
Retail 1 NP NP C C C

2. Professional Offices and related uses
Offices, business and professional 1,2 NP NP C C C

3. Public/Quasi-Public and Institutional Uses
Child care center C C C C P
Nursing home3 NP C C C C
Park, playground or community center
(non-profit)

C C C C C
Parking lots C C C C C
School (not trade or vocational) C C C C C
Places of Assembly C C C C C

4. Residential Uses
Condominiums and condo conversions NP SFR: C
Duplex: C

C C C
Duplex (Two dwellings) NP P NP NP NP
Group dwelling NP NP NP C C
Guest house C NP NP NP NP
63 Item # C9.
31 Ordinance No. 38.848

Manufactured home4 P P NP NP NP
Multi-family dwellings (Three or more
units)

NP NP P P P
Planned unit development5 P P P P P
Accessory dwelling unit6 P SFR: P
Duplex: P

P P P
Single-family dwelling P P NP NP NP
Single-room occupancy residences7 NP NP C C C
Transitional and supportive housing P8 P8 P9 P9 P9

5. Restaurants or Food Service
Restaurants1 NP NP C P/C P/C
Catering Establishment 10 NP NP NP NP NP
Mobile Food Vending (individual
vehicle) 11 P12, 13,14 P12, 13,14 P12, 13, 14 P12, 13, 14 P12, 13, 14 Mobile Food Park NP NP NP NP NP
Commissary 10 NP NP NP NP NP

6. Unclassified Uses
Agriculture1015 P P P NP NP
Boarding house (three or more persons) NP C C C C
Golf course1116 C C C NP NP
Live work units1217 NP NP C C C
Model home complex1318 P P P P P
Short-Term Rentals1419 P P P P P
1 Refer to Subsection XI-10-4.03(A) and (B), Residential Zone Special Uses, of this Chapter, for standards. 2 Refer to Subsection XI-10-4.03(B), Residential Zone Special Uses, of this Chapter, for standards. 2 When located on the ground floor, retail sales of products related to the personal services provided shall be offered at the front of the premises near the pedestrian entrance and shall comprise at least 10 percent of the floor area of the business establishment. 3 Licensed nursing home serving more than six persons, except when used primarily for contagious sickness, mental or drug alcohol addict cases.
4 Refer to Subsection XI-10-13.07, Manufactured Homes, of this Chapter, for standards. 5 Refer to Subsection XI-10-54.07, Planned Unit Developments, of this Title, for standards. 6 In conjunction with existing or proposed legal single-family, duplex, or multi-family dwellings. Refer to Subsection XI-10-13.08, Accessory Dwelling Units, of this Chapter, for standards.
7 Refer to XI-10-13.13, Special Uses, Single Room Occupancy Residences, of this Chapter. 8 Permitted only in single family dwellings.
9 Permitted only in multi-family dwellings.
10 May be permitted with approval of a Conditional Use Permit for kitchens associated with a civic or community organization, such as a church or social club.
11 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter. 12 Mobile food vending in the R1, R2, and R3 zones may be permitted in the public right-of-way as part of an approved special event. See Subsection XI-10-13.18(C)(3)(a)(i). Mobile food vending in the R4 and R5 zones is permitted in the public right-of-way upon issuance of all required City and County permits (see Subsection XI-10-13.18(H). 13 In all residential zones, mobile food vending on private property may be permitted on a parcel having a current certificate of use and occupancy as a museum, hospital, school, or place of religious assembly and worship, provided that the mobile food vending use shall not operate more frequently than once per week and for no longer than three consecutive days. 64 Item # C9.
32 Ordinance No. 38.848

14 In the R1, R2, and R3 residential zones, mobile food vending shall not be permitted on a private property having a residential use. In the R4 and R5 residential zones, mobile food vending on private property having residential use may be permitted as part of an approved, one-time or recurring special event. See Subsection XI-10-13.18(C)(3)(a)(i). 1015 Except for the raising of animals or fowl for commercial purposes, or the sale of any products at retail on the premises. 1116 Except for driving tee or range, miniature course and similar uses operated for commercial purposes. 1217 Allowed commercial uses to be specified through the Conditional Use Permit process. 1318 Refer to Subsection XI-10-13.11(E), Model Home Complexes and Sales Offices, of this Chapter for temporary tract offices. 1419 Subject to the requirements of Subsection XI-10-13.16, Short-Term Rentals, of this Chapter.

XI-10-4.03 Residential Zone Special Uses
A. Incidental Services Within R3 Zones. Incidental services such as restaurants and retail sales to serve residents may be allowed through the approval of a Conditional Use Permit in accordance with the provisions in Section XI-10-57.04, of this chapter, provided there is no exterior display or advertising and such activities are conducted in spaces which are integral parks of a main building.

B. CommercialPersonal Services, Retail and Offices within R4 and R5 Zones. CommercialPersonal services, retail and offices may be permitted provided they are:

1. Less than or equal to ten thousand (10,000) square feet in gross floor area;

2. Not open past 10:00 p.m.;

3. Not specifically noted in Table XI -10-4.02-1, Residential Zone Uses, of this Chapter, requiring Conditional Use Permit approval or listed as a prohibited use; and

4. Not listed as a prohibited use in Section XI-10-4.02(B), Prohibited Uses, of this Chapter.

If items 1 through 2, above, are not met, then approval of a Conditional Use Permit is required in accordance with Section XI-10-57.04, of this Chapter.

C. Affordable Housing. Affordable housing units should be provided in all new housing projects. While twenty percent (20%) is the minimum goal, affordable unit requirements will be determined on a project by project basis, taking into consideration the size and location of the project, the type of housing unit, proximity to transit and the mix of affordable units in the vicinity.

SECTION 6. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10 , SECTION 5
Title XI, Chapter 10, Subsection 5.02 (“Commercial Use Table”) of the Milpitas Municipal Code is hereby amended to read as follows:

Table XI-10-5.02-1
Commercial Zone Uses
Use CO C1 C2 HS TC

1. Commercial Uses
Alcoholic beverage sales C61 C C NP C
Art/photography studio or gallery NP P P P P
Bookstore NP P P P P
65 Item # C9.
33 Ordinance No. 38.848

Business support services NP2 NP2 P P MC
Commercial services1 P P P NP P
Check cashing and payday loan businesses NP NP C C MC
Funeral home or mortician NP NP C C NP
Furniture sales NP P P P P
Furniture repair and reupholstering NP NP P P NP
Grocery store (supermarkets)
Within 1,000 ft. of residential zone NP C C C C
Not within 1,000 ft. of residential zone NP P P P P Head/smoke/tobacco shop NP C C NP C
Home improvement (hardware, blinds, interior
decorating, etc.)

NP P P C P
Not fully enclosed operation NP C C C C
Household appliance store NP NP P P NP
Small appliance repair NP NP MCS P NP
Large appliance repair NP NP NP P NP
Janitorial services NP NP P P NP
Newsstand
Indoor P P P NP P
Outdoor C C C NP C
Nursery (flower or plant)
Indoor NP NP P23 P P
Outdoor NP NP C P NP
Office supply sales (stationery, equipment) P P P P P
Paint and wallpaper stores NP NP P P P
Pawnshops NP NP C NP NP
Personal services4 NP P P NP P
Pet stores NP NP P P P
Printing (newspaper, publishing) NP NP P P P
Rentals (medical supplies, costumes, party
equipment, office equipment)

NP NP P P P
Repair and cleaning, small items NP P P P P
Retail stores, general merchandise NP P P NP P
Tanning salon NP NP P NP P
Thrift store 35 NP C P P P

2. Entertainment and Recreation
Adult business 46 NP NP NP P NP
Bowling alley NP NP P P P
Commercial athletic facilities
Indoor NP C P P P
Outdoor NP NP NP C NP
Motion picture theater (See 7 below)
Recreation or entertainment facility NP C C C C
Shooting range, indoor NP NP NP C NP

3. Health and Veterinarian Uses
Animal grooming (no boarding) NP P P P P
Hospital C NP C C C
66 Item # C9.
34 Ordinance No. 38.848

Kennel NP NP C NP NP
Massage establishment 715 NP NP MC MC MC
Massage establishment, accessory 715 NP NP MCS MCS MCS Medical and dental office P P P NP P
Medical and dental clinic P C C NP P
Medical support laboratories P C C C C
Optician and optometrist shop P P P NP P
Pharmacy or drug store NP P P P P
Sauna and steam bath NP NP NP P NP
Veterinary clinic NP NP P P P

4. Industrial Uses 58
Assembly from pre-processed materials NP NP C NP NP Commercial fueling facility NP NP NP C NP
Commercial laboratory NP NP C P NP
Contractor's yards and offices NP NP C C NP
Disinfection and extermination business NP NP C P NP Dry cleaning plant NP NP NP P NP
Food storage locker NP NP NP P NP
Landscape contractor NP NP C P NP
Lumberyards NP NP C C NP
Mini-storage complex NP NP C C NP
Plumbing, metalworking, glassworking or
woodworking

NP NP C C NP
Research & development NP NP C NP NP
Sign sales and fabrication (Electric and neon
sign, sign painting)

NP NP C P NP
Warehousing and wholesale NP NP C NP NP

5. Lodging
Hotel and motel NP NP C C C

6. Professional Offices, Financial Institutions and Related Uses Automatic teller machines (freestanding) 69 NP P P P P Financial institutions (banks, savings and
loans, etc.)

P P P P P
General offices (administrative and business
services, real estate, travel agencies,
etc.)Offices, business and professional

P P P P P

7. Public, Quasi-Public and Assembly Uses
Auction hall NP NP C C C
Child-care
Child-care center C C C C C
Day care school C C C C C
Large family child-care home NP NP NP NP C
Small family child-care home NP NP NP NP C
Places of assembly C C C C C
Cultural center NP NP C C C
Educational institutions
Schools, private (elementary, middle, high) NP NP C NP C 67 Item # C9.
35 Ordinance No. 38.848

Trade and vocational school C NP P P C
Farmer's market (not including flea market) NP C C C C Instruction
Group MCS MCS MCS MCS MCS
Private P P P P P
Motion picture theater
Indoor NP C C C C
Outdoor NP NP NP C NP
Parking facility, storage garage NP P P C C
Public utilities C C C C C
Transportation facility (taxi, limousine, etc.) NP NP C C C

8. Restaurants or Food Service
Banquet hall NP NP C C C
Bar or nightclub NP NP C 1710 C C 1710
Catering establishment C NP P P P
Restaurants C 71 P P P P
With music (indoor/outdoor) NP P 1710 P 1710 C P 1710
With other live entertainment/dancing NP NP C C C
With drive-in or drive-through NP C C C C
With ancillary on-premise beer & wine with
no separate bar

NP MC PMC MC MC
Mobile Food Vending (individual vehicle) 1611 P P P P P Mobile Food Park 1611 MC MC MC MC MC
Commissary MC P P P MC

9. Residential Uses
Caretaker (in conjunction with contractor's
yard or mini-storage complex)

NP NP C C NP
Emergency shelters 912 NP NP NP P/C NP
Single-room occupancy residences 1013 NP NP NP C NP

10. Vehicle Related Uses
Auto repair (tire, oil change, smog check, etc.) NP NP C C NP Auto sales and rental, outdoor (new and used
cars, RV and truck)

NP NP C C NP
Auto broker (wholesale, no vehicles on site) MCS MCS MCS MCS MCS Car wash NP NP C C NP
Service stations (with or without repair or
retail) 1114

C C C C C
Drive through uses (restaurants, pharmacies,
etc.)

NP C C C C

11. Unclassified Uses
Accessory structures 1215 P P P P P
Model home complex 1316 NP NP NP NP P
Mortuary or crematory NP NP NP C NP
Radio or television station NP NP C P NP
Temporary seasonal sales 1417 NP P P P P
71 When intended to serve the occupants and patrons of the permitted use (office, etc.) and conducted and entered from within the building and provided there is no exterior display of advertising.
68 Item # C9.
36 Ordinance No. 38.848

12 Refer to the definition for "Commercial Services" in Section 2, Definitions, of this Chapter. Copy/quick-printing shops and mailbox rental facilities shall be permitted in the CO, C1, and TC zones. All other uses classified as Business Support Services shall not be permitted in these zones.
3 Provided that all incidental equipment and supplies, including fertilizer and empty cans, are kept within a building. 4 When located on the ground floor, retail sales of products related to the Personal Services provided shall be offered at the front of the premises near the pedestrian entrance and shall comprise at least 10 percent of the floor area of the business establishment. 5 Refer to XI-10-5.04, Commercial Zone Special Development Standards, of this Chapter. 6 In accordance with the Title III, Chapter 4, Adult Business Ordinance, and Subsection 13.04, Adult Businesses, of this Chapter. 7 Massage establishments are subject to Title III, Chapter 6 of the Milpitas Municipal Code and Subsection XI-10-13.16 of this title. Refer to Subsection XI-10-13.16, of this Title, for special provisions for massage establishments. 8 For conditionally permitted uses, refer to Subsection 57.04(C) (9), Certain Industrial Uses within Commercial Districts, of this Chapter. 9 Refer to Subsection 57.03, Site Development Permits and Minor Site Development Permits, of this Chapter. 10 Indoor or outdoor music is permitted as an accessory use on the same parcel in conjunction with a restaurant or bar that is a principal permitted use or approved conditional use in the C1, C2, and TC zones. See also Subsection XI-10-5.04(E) for additional regulations. 11 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter. 12 Refer to XI-10-13.14, Special Uses, Emergency Shelters, of this Chapter. 13 Refer to XI-10-13.13, Special Uses, Single Room Occupancy Residences, of this Chapter. 14 Refer to Subsection XI-10-6.02-2, Special Uses, of this Chapter, for standards. Service stations shall follow the "General development policy:

Gasoline service stations, and automotive service centers" adopted by the City Council on December 19, 1995. 15 Not including warehouses on the same site as the permitted use. 16 No tract sign shall be permitted within 600 feet of a Santa Clara County Expressway. 17 Refer to Section 13.11, Temporary Uses and Structures, of this Chapter. 2 Provided that all incidental equipment and supplies, including fertilizer and empty cans, are kept within a building. 3 Refer to XI-10-5.04, Commercial Zone Special Development Standards, of this Chapter. 4 In accordance with the Title III, Chapter 4, Adult Business Ordinance, and Subsection 13.04, Adult Businesses, of this Chapter. 5 For conditionally permitted uses, refer to Subsection 57.04(C) (9), Certain Industrial Uses within Commercial Districts, of this Chapter. 6 Refer to Subsection 57.03, Site Development Permits and Minor Site Development Permits, of this Chapter. 7 When intended to serve the occupants and patrons of the permitted use (office, etc.) and conducted and entered from within the building and provided there is no exterior display of advertising.
8 Refer to Subsection 5.02-1, Commercial Zone Special Uses, of this Section. 9 Refer to XI-10-13.14, Special Uses, Emergency Shelters, of this Chapter. 10 Refer to XI-10-13.13, Special Uses, Single Room Occupancy Residences, of this Chapter. 11 Refer to Subsection XI-10-6.02-2, Special Uses, of this Chapter, for standards. Service stations shall follow the "General development policy:

Gasoline service stations, and automotive service centers" adopted by the City Council on December 19, 1995. 12 Not including warehouses on the same site as the permitted use. 13 No tract sign shall be permitted within 600 feet of a Santa Clara County Expressway. 14 Refer to Section 13.11, Temporary Uses and Structures, of this Chapter. 15 Massage establishments are subject to Title III, Chapter 6 of the Milpitas Municipal Code and Subsection XI-10-13.16 of this title. Refer to Subsection XI-10-13.16, of this Title, for special provisions for massage establishments. 16 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.

SECTION 7. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 6

69 Item # C9.
37 Ordinance No. 38.848

Title XI, Chapter 10, Subsections 6.02 (“Mixed-Use Use Table”) and 6.02-1 (“Mixed-Use Zone Special Uses”) of the Milpitas Municipal Code are hereby amended to read as follows:

Table XI-10-6.02-1
Mixed Use Zone Uses
Use MXD MXD2 MXD3
Ground Level
(Facing Retail street)
Upper
Floor

1. Commercial Uses
Alcohol beverage sales C C C C
Business support services1 P NP2 NP NP2
Commercial services 1 MCS MCS MCS MCS
Grocery stores (supermarkets) C C C C
Pawnshops 23 C C C C
Personal services1, 4 P P P P
Pet shops C NP NP NP
Repair and cleaning shop, small items1 P MC MC MC
Retail stores, general merchandise 35 MCSP MCSP MCS MCS Tanning salons P P P P
Thrift shops (used merchandise)
Retail P P P P
With collections C C C C

2. Entertainment and Recreation
Commercial athletic facilities P P P P
Motion picture theater (see 6 below)
Recreation or entertainment facility C C C C

3. Health and Veterinarian Uses
Animal grooming (no boarding) P P NP P
Hospitals or sanitariums 46 C C C C
Massage establishment 177 MC MC MC MC
Massage establishment, accessory 177 MCS MCS MCS MCS Medical or dental offices and clinics P NP P P
Medical support laboratories P P P P
Optician and optometrist shop P P P P
Pharmacy or drug store P P P P
Veterinarian clinic P P P P

4. Lodging
Bed and breakfast P P NP NP
Boarding houses (3 or more persons) C C C C
Group dwellings C C C C
Hotels C P P P
Motels C C C C

5. Professional Offices, Financial Institutions and Related Uses 4 Financial institutions (banks, savings and
loans, etc.)

MCS NP MCS P
Offices, business and professional 35 MCS NP MCS P
70 Item # C9.
38 Ordinance No. 38.848

6. Public/Quasi Public and Assembly Uses
Child care
Child care center C P C P
Day care school C C C
Large family child care home P P C P
Small family child care home P P P P
Instruction
Group 135 P NP NP NP
Private P P P P
Park, playground or community center 58 O O O O
Places of assembly 46 C C C C
Public utilities C C C C
Schools, private (elementary, middle and
high)4

C C C C
Theaters (Indoor) C C C C
Trade and vocational schools 46 C C C C
Transportation facilities 23 C C C C

7. Residential Uses
Multi-family housing 79 P NP10 P P
Transitional and supportive housing 79 P NP10 P P
Accessory Dwelling Unit 1911 P NP P P

8. Restaurants or Food Service
Bar or nightclub C 1012 C 1012 C C 1012
Brewery/Eateries MCS MCS NP MCS
Catering establishments C C C C
Restaurants 23 P/C P/C NP P/C
With music (indoor/outdoor) P 1012 P 1012 NP P 1012
With other live entertainment/dancing C C NP C
With ancillary on-premise beer & wine with
no separate bar

P P P P
Mobile Food Vending (individual vehicle) 2013 P P NP P
Mobile Food Park 2013 MC NP NP MC
Commissary MC NP NP MC

9. Unclassified Uses
Artisan Studios & Live-work units,
woodworking or glassworking, plumbing or
metalworking and sign shops 23

MCS MCS MCS MCS
Lobbies and entries for upper floor uses P P NP P
Model home complex 1114 P P P P
Mixed use developments 1215 P P P P
Planned Unit Development 1316 P P P P
Temporary seasonal sales 1417 P P P P
Short-Term Rentals18 P NP P P

10. Vehicle-Related Repair, Sales and Services
Auto sales and rental 1519 C C C C
Auto broker (wholesale, no vehicles on site) 23 MCS MCS MCS MCS Vehicle service uses 1620 C NP NP C
71 Item # C9.
39 Ordinance No. 38.848

1 Refer to Subsection XI-10-6.02-1(B), Performance standards for certain uses, of this Chapter, for standards. 2 Copy/quick-printing shops and mailbox rental facilities shall be permitted in the MXD, MXD2 (Ground Floor), and MXD3 zones. All other uses classified as Business Support Services shall not be permitted in these zones. 23 Refer to Subsection XI-10-6.02-1, Special Uses, of this Chapter, for standards. 4 When located on the ground floor, retail sales of products related to the Personal Services provided shall be offered at the front of the premises near the pedestrian entrance and shall comprise at least 10 percent of the floor area of the business establishment. 35 Refer to Subsection XI-10-6.02-1(B) Performance standards for certain uses, of this Chapter. 46 Refer to Subsection XI-10-6.02-2, Quasi-Public Uses, of this Chapter, for standards. 177 Massage establishments are subject to Title III, Chapter 6 of the Milpitas Municipal Code and Subsection XI-10-13.16 of this title. Refer to Subsection XI-10-13.16, of this Title, for special provisions for massage establishments. 58 For parks, playgrounds or community center owned and operated by a government agency or a nonprofit community organization. 79 Ground level residential is prohibited in the Ground Level Commercial Area as shown on the Midtown Specific Plan Land Use Map, Figure

3.1. 910 Uses serving upper-floor residential uses, such as common gathering space, lobby, and resident services, may be allowed as ground floor uses where residential uses would otherwise not be permitted. 1911 Only allowed within multi-family dwellings, subject to the requirements of Subsection XI-10-13.08, Accessory Dwelling Units, of this Chapter.
1012 Indoor or outdoor music is permitted as an accessory use on the same parcel in conjunction with a restaurant or bar that is a principal permitted use or approved conditional use in the MXD, MXD2, and MXD3 zones. See also Subsection XI-10-6.06(B) for additional regulations.
2013 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter. 1114 Refer to Subsection XI-10-13.11(E), Model Home Complexes and Sales Offices, of this Chapter for temporary tract offices. 1215 Which include only permitted uses.
1316 Refer to Section XI-10-54.07, Planned Unit Developments, of this Chapter, for standards. 1417 Refer to Section XI-10-13.11(D), Temporary Seasonal Sales, of this Chapter. 18 Only allowed within a dwelling unit, subject to the requirements of Subsection XI-10-13.17, Short-Term Rentals, of this Chapter. 1519 New and used auto, recreational vehicle and boat sales, excluding commercial vehicles, trucks, buses, vans, and farm equipment, with accessory repairs and services, only allowed if fully enclosed within a building. Bicycle and auto rental agency, excluding commercial vehicles, trucks, buses, vans, boats and RV rentals, only if fully enclosed within a building. 1620 Refer to Subsection XI-10-6.02-2, Special Uses, of this Chapter, for standards. Service stations shall follow the "General development policy: Gasoline service stations, and automotive service centers" adopted by the City Council on December 19, 1995. 6 Refer to XI-10-13.14, Special Uses, Emergency Shelters, of this Chapter. 7 Ground level residential is prohibited in the Ground Level Commercial Area as shown on the Midtown Specific Plan Land Use Map, Figure

3.1. 8 Refer to XI-10-13.13, Special Uses, Single Room Occupancy Residences, of this Chapter. 11 Refer to Subsection XI-10-13.11(E), Model Home Complexes and Sales Offices, of this Chapter for temporary tract offices. 12 Which include only permitted uses.
13 Refer to Section XI-10-54.07, Planned Unit Developments, of this Chapter, for standards. 14 Refer to Section XI-10-13.11(D), Temporary Seasonal Sales, of this Chapter. 15 New and used auto, recreational vehicle and boat sales, excluding commercial vehicles, trucks, buses, vans, and farm equipment, with accessory repairs and services, only allowed if fully enclosed within a building. Bicycle and auto rental agency, excluding commercial vehicles, trucks, buses, vans, boats and RV rentals, only if fully enclosed within a building. 16 Refer to Subsection XI-10-6.02-2, Special Uses, of this Chapter, for standards. Service stations shall follow the "General development policy:

Gasoline service stations, and automotive service centers" adopted by the City Council on December 19, 1995. 17 Massage establishments are subject to Title III, Chapter 6 of the Milpitas Municipal Code and Subsection XI-10-13.16 of this title. Refer to Subsection XI-10-13.16, of this Title, for special provisions for massage establishments. 18 Only allowed within a dwelling unit, subject to the requirements of Subsection XI-10-13.17, Short-Term Rentals, of this Chapter. 72 Item # C9.
40 Ordinance No. 38.848

19 Only allowed within multi-family dwellings, subject to the requirements of Subsection XI-10-13.08, Accessory Dwelling Units, of this Chapter.
20 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.

6.02-1 Mixed Use Zone Special Uses
A. Special Uses within all MXD zones. Certain uses noted in Table 6.02-1, Mixed Use Zone Uses may be allowed through the approval of a Conditional Use Permit and Minor Conditional Use Permits, in accordance with Subsection 57.04, Conditional Use Permits, of this Chapter, if they are not located within one thousand (1,000) feet of another same use listed below. This distance shall be measured from the property line of the parcel where such use is located.

1. Auto service uses, including but not limited to: gasoline service stations, car washes, tire shops, towing without vehicle storage and auto repair shops of all kinds, radiators, paint, body, glas s, brakes, upholstery, and other similar types.

2. Local transportation service facilities (e.g. taxi, parcel service, ambulance, armored car, and van storage) without outdoor storage of vehicles.

3. Pawnshops.

B. Performance Standards for Certain Uses. For uses requiring approval of a Minor Conditional Use Permit by staff, in accordance with Section XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter, the following performance standards below shall be met.

1. Auto Brokers. Auto Brokers may be permitted by right if the following standards are met:
a. Local Sales and Use Tax. In order to assist the City of Milpitas in its efforts to receive direct distribution of the local tax on materials associated with the project, the California Sales and Use Tax (the "Local Tax") shall be allocated to the project site, to the extent reasonably possible. Evidence of tax allocation or cause as to why such allocation cannot be made shall be submitted at the time of business license submittal.

2. Auto Service Uses. Auto Service uses shall comply with the following standards:
a. All operations shall be conducted completely within an enclosed building. b. Entrances to the service bays shall not be open to the street but shall be design ed to face the rear or interior side property line.

3. Artisans, Plumbing, Metalworking, Sign Shops and Woodworking or glass working shops. These uses shall comply with the following standards:
a. All operations shall be conducted completely within an enclosed building. b. There shall be no dust, fume, or odor either emitted from the premise. c. The operations shall not create excessive vibrations. d. The operations shall be consistent with the City's noise standards. 73 Item # C9.
41 Ordinance No. 38.848

e. Plumbing, metalworking, sign shops, woodworking or glass working shops shall not be closer than 1,000 feet of another same use measured from the property line.

4. CommercialPersonal Services, Business Support Services, and Repair and Cleaning -Small Items uses shall comply with the following:
a. When located within the MXD zone:
i. Located in the area designated for ground floor retail and are less than or equal to ten thousand (10,000) square feet in gross floor area;
ii. Located in the areas not designated for ground floor retail and are less than or equal to fifty thousand (50,000) square feet in gross floor area. b. When located within the MXD2 and MXD3 zones they are less than or equal to fifty thousand (50,000) square feet in gross floor area;
c. They are not open past 10:00 p.m.;
d. They are not specifically noted in Table 6.02 -1, Mixed Use Zone Uses, of this chapter, requiring Conditional Use Permit approval or listed as a prohibited use; e. They are not listed as a prohibited use in Section 10-6.02 (B), Prohibited Uses, of this Chapter.

If items a through c above are not met, then approval of a Minor Conditional Use Permit is required in accordance with Subsection 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter. Exceptions to the requirement for a Conditional Use Permit for such uses may be granted at the discretion of the Planning Director on a case-by-case basis, based upon a review of site-specific conditions.

5. Group Instruction uses shall comply with the following standards:
a. No loitering shall be permitted before or after any classes or sessions.

6. Restaurants may be permitted provided:
a. They have only ancillary on -premise consumption of beer and wine associated with food sales;
b. They have no separate bar area;
c. When located within the MXD2 and MXD3 zones they are located on the ground floor facing a public street designated as a retail mixed use street; and d. They conform to the performance standards listed in this subsection (fe) below.

If items (a) through (dc) above are not met, then approval of a Conditional Use Permit is required in accordance with Section 57, of this Chapter.
e. Restaurant Performance Standards. Restaurants shall comply with the following performance standards:
74 Item # C9.
42 Ordinance No. 38.848

i. Seating shall not exceed that which the amount of parking allocated for the restaurant space would allow. A sign measuring at least one (1) foot by one (1) foot, with a lettering height of at least three (3) inches, shall be placed in a conspicuous location near the restaurant front entrance stating the maximum total seating allowed. Outdoor seating is allowed if it has been approved as part of the facility's Minor Site Development Permit or Site Development Permit and is operated in conformance with any conditions of that approval.
ii. The restaurant shall comply with the City Council's Guidelines for Recycling Enclosures (Resolution No. 6296).
iii. The restaurant shall incorporate measures to reduce odors to acceptable levels, including, but not limited to, installation of a scrubber, carbon filter or similar equipment, on the roof vent to control odors.
iv. All the facility's floor drains, trash compactors and indoor mat and equipment washing areas shall be drained to the sanitary sewer.
v. Where applicable, the restaurant shall maintain an active account with a tallow hauling company.
vi. The restaurant shall prepare and implement a program assigning restaurant staff responsibility for complying with the following guidelines which shall be adhered to while the restaurant is in operation:
1) Wash all containers and equipment in the kitchen areas so that wash water may drain into the sanitary sewer.
2) Keep garbage dumpsters clean inside and out; replace very dirty dumpsters with new, clean ones.
3) Double bag waste to prevent leaking.
4) Place, do not drop or throw, waste-filled bags, to prevent leaking. 5) Keep the ground under and around the garbage dumpsters swept. 6) Sprinkle the ground lightly after sweeping with a mixture of water and a little bleach.
7) Hold training sessions to instruct employees on the proper procedures in the handling and disposal of food items; the general maintenance and use of the compactor and any other procedures that would assist the business in complying with all State and local health and sanitation standards. A record of such training must be kept to verify compliance with this requirement. 8) Post signs (in English and multi-lingual) inside the premises for all employees identifying procedures for food delivery and garbage disposal. 9) All garbage bins shall be stored in the garbage enclosure except for the twelve (12) hours immediately before and after garbage collection.

7. Retail and Offices shall comply with the following:
a. When located within the MXD zone:
75 Item # C9.
43 Ordinance No. 38.848

i. Located in the area designated for ground floor retail and are less than or equal to ten thousand (10,000) square feet in gross floor area;
ii. Located in the areas not designated for ground floor retail and are less than or equal to fifty thousand (50,000) square feet in gross floor area. b. When located within the MXD2 and MXD3 zones they are less than or equal to fifty thousand (50,000) square feet in gross floor area;
c. They are not open past 10:00 p.m.;
d. They are not specifically noted in Table 6.02 -1, Mixed Use Zone Uses, of this Chapter, requiring Conditional Use Permit approval or listed as a prohibited use; and e. They are not listed as a prohibited use in Section 10-6.02 (B), Prohibited Uses, of this Chapter.

If items a through c above are not met, then approval of a Conditional Use Permit is required in accordance with Section 57, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter.

6.02-2 Quasi-Public Uses within MXD Zone
A. The following quasi-public uses may be permitted within the MXD zones provided their location is first approved by the Planning Commission, in accordance with Subsection 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter, and they are not located within 1,000 feet of the parcel boundary of another quasi-public use listed below. This distance shall be measured from the property line of the parcel where such use is located.

1. Places of meeting or assembly, such as auditoriums, banquet halls, and fraternal or union halls.

Churches and religious institutions are exempt from this spatial requirement.

2. Hospitals or sanitariums.

3. Private elementary, middle or high schools.

4. Vocational schools, if not found objectionable due to noise, odor, vibration or other similar health, safety and welfare basis.

SECTION 8. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 7
Title XI, Chapter 10, Subsection 7.02 (“Industrial Use Table”) of the Milpitas Municipal Code is hereby amended to read as follows:

Table XI-10-7.02-1
Industrial Zone Uses
Use M1 M2 MP

1. Commercial Uses
Adult Businesses1 P NP NP
Business support services P NP P
Commercial services P NP P
76 Item # C9.
44 Ordinance No. 38.848

Furniture repair and reupholstery P NP NP
Janitorial services P NP P
Office supplies C NP C
Personal services C NP C
Printing (newspaper, blueprint, publishing) P NP C
Repair and cleaning, small items P NP NP
Retail stores, general merchandise2 C NP C

2. Entertainment and Recreation Uses
Billiards C NP C
Commercial athletic facilities C NP C

3. Health and Veterinarian Uses
Hospitals NP NP C
Kennel P NP NP
Medical support laboratories P NP P
Medical and dental offices and clinics2 P NP P
Veterinarian hospital P NP P

4. Industrial Uses
Assembly from pre-processed materials3 P P P
Auto assembly facility NP P NP
Bottling facility P P NP
Building material sales (equipment rental)4 NP C NP
Commercial fueling facility C C NP
Commercial laboratory P P P
Contractor's yard and offices4 NP C NP
Distribution facility P P P
Dry-cleaning plant P P NP
Film processing, photo finishing and printing, etching, lithography, printmaking, and other similar creative industries

P MCS P
Freight and trucking yard4 NP P NP
Mini-storage complex C C NP
Plumbing, metalworking, glassworking or woodworking P P NP Plant or facility (research & development, assembly, manufacturing, packaging, processing, repairing, etc. or materials, merchandise or products)

P P P
Pottery or tile manufacturing P P NP
Recycling processing facility C C NP
Soils and materials testing laboratories P P P
Warehousing and wholesale P P P

5. Lodging Uses
Hotels/motels C NP C

6. Professional Office Uses
Administrative, professional or researchOffices, business and professional

P NP P
Financial institutions (banks, savings and loans, etc.) C NP P

7. Public, Quasi-Public and Assembly Uses
Auditorium5 NP NP C
Conference center5 NP NP C
77 Item # C9.
45 Ordinance No. 38.848

Vocational school C NP C
Farmer's market (not including flea market)6 NP NP C Public utilities7 P P P
Transportation facility (taxi, parcel service, armored car, etc.)4 NP P NP Temporary Public Safety Uses8 C C C
Places of assembly129 C NP C

8. Residential Uses
Caretaker's residence C C NP

9. Restaurants or Food Service Uses
Catering establishment P NP P
Restaurants
With on-site service of alcohol C NP C
Without on-site service of alcohol C NP C
With live entertainment/dancing NP NP NP
Drive-in or drive-thru C NP C
Mobile Food Vending (individual vehicle) 1310 P P P
Mobile Food Park NP NP NP
Commissary P NP P

10. Vehicle Related Uses
Auto junk yard4 NP C NP
Auto repair (tire, oil change, smog check, etc.) 911 C P C 1012 Service stations (with or without repair or retail) 911 C C C With car wash NP C C
Vehicle sales and rental (auto, RV and truck-new and used in operable condition) 1113
C C C 1012
Auto broker (wholesale, no vehicles on site) 129 MCS MCS MCS 1 In accordance with the Title III, Chapter 4, Adult Business Ordinance and Subsection XI-10-13.04, Adult Businesses, of this Chapter. 2 When found necessary to serve and appropriate to the industrial area. 3 Assembling, packaging, or distribution from previously prepared materials, such as cloth, plastic, paper, leather, precious or semi-precious metals or stones, electric or electronic instruments and devices such as television, radios, and pharmaceutical products. 4 When conducted wholly within a completely enclosed building or within an area enclosed on all sides with a solid wall or fence (e.g. chain link with slats) not less than eight feet in height.
5 Shall be ancillary to the primary use or associated with business or industrial uses. 6 Refer to Subsection XI-10-13.10, Farmers Markets, of this Chapter. 7 Includes service facilities, electric transmission and distribution substations and public utility service centers. 8 See Subsection XI-10-13.11(I), Temporary Public Safety Uses. 129 See Subsection XI-10-7.04(A)(1), Industrial Zone Special Development and Performance Standards. 1310 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter. 911 Entrances to the services bays shall not be open to the street but shall be so designed to face the rear or interior side property line. 1012 Within MP zones, rental and repair may be considered only when ancillary to new auto dealerships. 1113 Within MP zones, boat and camper sales are prohibited. Dealerships shall be on property at least three acres or greater in area. 12 See Subsection XI-10-7.04(A)(1), Industrial Zone Special Development and Performance Standards. 13 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.

78 Item # C9.
46 Ordinance No. 38.848

SECTION 9. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 53
Title XI, Chapter 10, Subsection 53.09 (“Off-Street Parking Required by Land Use”) of the Milpitas Municipal Code is hereby amended to read as follows:

Table 53.09-1
Number of Parking Spaces Required
Use Minimum Parking Spaces Required
A. Commercial Uses
Business Support Services 1 per 350 sq. ft.

Commercial Services1 (floral shops, barber shops, dry
cleaners, Laundromats, photocopy shops)
1 per 200 sq. ft.

Furniture and appliance stores and other bulky item
retail; Furniture Repair and Reupholstery
1 per 350 sq. ft.

General Retail and Convenience Stores; Check
Cashing
1 per 200 sq. ft.

Mortuary, funeral parlor 1 per 4 seats and 1 per employee Personal Services 1 per 200 sq. ft.

Plant nursery 1 per 200 sq. ft.

Repair and Cleaning, Small Items 1 per 200 sq. ft.

B. Entertainment and Recreation
Arcade and amusement 1 per 200 sq. ft.

Billiards 1 per 200 sq. ft.

Bowling Alleys including incidental accessory uses
(eating and drinking, billiards, etc.)
6 per alley or lane
Clubs and Lodges 1 per 200 sq. ft.

Commercial Athletic Facility (indoor) 1 per 150 sq. ft.

With outdoor or indoor sports courts
Small courts (tennis, badminton) 2 per court plus required parking for other uses on site.

Large courts (basketball, volleyball) 5 per court plus required parking for other uses on site.

Golf Course 6 per hole plus parking for ancillary uses Miniature Golf 1.25 per tee, plus 1 per employee
Motion Picture Theater (indoor) 1 per 3.5 seats
Nightclub 1 per 30 sq. ft.

C. Health and Veterinarian Uses
Convalescent Homes 1 per 2 beds or 1 per 1,000 sq. ft, whichever is greater
Hospital 1 per bed or 1 per 220 sq. ft., whichever is greater Kennel, indoor 1 per 1,000
Massage Establishments Two per treatment room or if no treatment room, one per 2 chairs or 2 tables
Medical and dental Clinic and Office 1 per 225 sq. ft.

Veterinary Clinic and Animal Grooming 1 per 250 sq. ft.

D. Industrial Uses
79 Item # C9.
47 Ordinance No. 38.848

Distribution
Manufacturing
Processing/Plant (Dry-cleaning plant, photo
finishing/printing, etc.)
Warehousing
1 per 1,500 sq. ft.

Mini Storage 1 per 5,000 sq. ft., plus 1 per resident manager Wholesale 1 per 500 sq. ft.

Research and Development
Medical Laboratories
Soils and Materials Testing Laboratories
High employee demand uses
1 per 300 sq. ft.

Office space within an industrial building (to be
combined with categories above)
1 per 350 sq. ft.

E. Lodging
Extended Stay Hotels 0.7 per guest room or unit5
Hotels 0.7 per guest room5
Motels 0.7 per guest room5
F. Professional Offices, Financial Institutions and Related Uses Automated Teller Machine (free standing) 2 per machine Financial institutions (banks, savings and loans, etc.) 1 per 180 sq. ft.

Offices, administrative and business services and
professional
1 per 240 sq. ft.

G. Public, Quasi-Public and Assembly Uses
Adult Day Care 1 per 500 sq. ft.

Auditoriums and theaters and places of meeting and
assembly
1 per 4 seats
Child Care Uses2, 3:

Day Care School 1 per classroom or 1 per 500 sq. ft., whichever is greater.

Small family child-care home Same as required for underlying residential use Large Family Child Care Home and Child Care
Centers
1 per 1.5 employees
Community Center 1 per 4 fixed seats, or 1 per 6 linear feet of seating, plus 1 per 200 square feet of area without seating
but designed for meeting or assembly by guests,
plus 1 per 500 sq. ft. of outdoor area developed for
recreational purposes
Museums 1 per 400 sq. ft.

Public Utilities 1 per 400 sq. ft.

Religious Institutions 1 per 5 seats in the main area of assembly plus parking for classrooms and offices in this table.

Where there are no seats, then 1 seat equals 7 sq.
ft.

Educational Institutions:

School-elementary (K-8 Private) 1 per classroom, plus 1 per 240 sq. ft. of office School-secondary (9-12 Private) 1 per classroom, plus 1 per 240 sq. ft. of office, plus 1 per 5 students
80 Item # C9.
48 Ordinance No. 38.848

Vocational School, including business,
professional, technical and trade
1 per 200 sq. ft.

Instructional Studios (Dance, Yoga) 1 per 150 sq. ft.

Private instruction, personal enrichment (tutoring) 1 per instructional area or classroom, whichever is greater. No fewer than 3 spaces.

Stadiums and arenas 1 per 4 seats
H. Restaurants or Food Service
Banquet facilities See restaurants below
Bars, Drinking Establishments 1 per 30 sq. ft.

Drive thru See "Vehicle Related Uses" section.

Restaurants:

Sit down:

Indoor and outdoor: 1 per 39 square feet of dining area.

Take out: 1 per 2.5 seats (indoor/outdoor) plus 1 per 60 sq. ft.

GFA for the ordering or take out area.

Mobile Food Parks 1 per 2.5 seats provide for on-site dining, plus 1 per 60 sq. ft. of lot area dedicated to mobile food
vending.

I. Residential Uses
Single Family and Duplexes:
3 bedrooms or fewer 2 per unit4
4 or more bedrooms 3 per unit, plus 1 per each additional bedroom4 Multi-Family (R3—R5 zones):

Studio 1 covered per unit
1 bedroom 1.5 covered per unit
2—3 bedrooms 2 covered per unit
4 or more bedrooms 3 per unit, plus 1 additional space for each additional bedroom (at least two covered).4
Guest parking
Projects with Parking structures 15% of the total required, may be uncovered Projects with Private garages 20% of the total required, may be uncovered Bicycle parking 5% of the total required
Boarding houses, dormitories, sororities and
fraternities
1 per each room rented
Live-Work Units Single family and duplexes parking requirements shall apply, plus 1.5 for the commercial component
Mixed Use buildings or sites
Residential use
Studio 1 covered per unit
1 bedroom 1.5 covered per unit
2—3 bedrooms 2 covered per unit
4 or more bedrooms 3 per unit, plus 1 additional space for each additional bedroom (at least two covered).4
Guest parking
Projects with Parking structures 15% of the total required, may be uncovered Projects with Private garages 20% of the total required, may be uncovered Bicycle parking 5% of total required
81 Item # C9.
49 Ordinance No. 38.848

Commercial use
Ground Floor Retail 1 per 250 sq. ft.

Office If building is 1,000 sq. ft. or smaller: 1 per 250 sq. ft.

If building is larger than 1,000 sq. ft.: 3.3 per 1,000 sq. ft.

Short-Term Rentals 1 per unit
Other uses Refer to specific uses within this table
Bicycle parking 5% of total required
Mobile Homes Refer to Section 13.07, Mobile Homes
Senior Housing 1 per unit plus 2 per manager's unit
Single Room Occupancy (SRO) 1 per unit
J. Vehicle Related Uses
Auto rental agency 1 per 400 sq. ft. plus 1 per rental vehicle Auto repair (tire, oil change, smog check, etc.) 3 per service bay Car Wash 1 per 200 sq. ft. of building area and reservoir space outside of building equal to two (2) times the
maximum capacity of facility
Gas & Service Stations:

With Retail 1 per 200 sq. ft.

With Auto Repair 3 per service bay
Auto dealerships:

Sale or lease of vehicle 1 per 200 sq. ft. of showroom Office 1 per 200 sq. ft.

With Service Bays 3 per service bay
Window service or drive-thru in conjunction with any
other use
The required parking for primary use (restaurant,
or other use providing window service) plus
queuing of 5 vehicles which do not interfere with
any on-site parking spaces

1 Refer to Subsection 2.03, Definitions, of this Chapter for the definition of various land use types under “Commercial Uses ." 2 For loading and unloading: One (1) parking space per six (6) children up to five (5) spaces and thereafter one (1) space per ten (10) children. D riveways, garage aprons and street frontage may be counted if appropriate permits are first received when calculating spaces for child-care homes. Tandem spaces are prohibited.
3 Exceptions for Child Care Requirements: The parking and loading/unloading requirements for child -care facilities may in the Planning Commission's discretion be reduced, based on an empirical study (provided by the applicant) which establishes no adverse effe cts will occur as a result. The required number of loading/unloading spa ces may be reduced without a study by one (1) space for each employee permanently assigned to load and unload children from vehicles. 4 Applicable to new and existing projects being remodeled resulting in additional bedrooms submitted for approval after A pril 7, 2009.

Existing projects or projects either entitled or submitted active planning applications prior to April 7, 2009 shall use the parking regulations in effect at the time of entitlement or application submittal. For R4, R5, MXD/MXD2/MXD3 zones, 1 5% guest parking is legal and conforming for projects entitled or active planning applications submitted prior to April 7, 2009. 5 Refer to Subsection XI -10-53.15, Parking Standards for Hotels and Motels, of this Chapter for allowed reductions to minimum parking requirements
SECTION 10. SEVERABILITY
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision , or part has no effect on the validity of the remainder.

SECTION 11. EFFECTIVE DATE AND POSTING
82 Item # C9.
50 Ordinance No. 38.848

In accordance with Section 36937 of the Government Code of the State of California, this Ordinance take s effect 30 days from the date of its passage. The City Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.
83 Item # C9.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve and Authorize the City Manager to Execute a Stormwater Management Facilities Operation and Maintenance Agreement between the City of Milpitas and Toll West Coast, LLC for the Parkside Project at 1980 and 1992 Tarob Court and 551 Lundy Place (Staff Contact: Steve Erickson, Engineering Director / City Engineer, 408-586-3301; and Roberto Alonzo, Principal Civil Engineer, 408-586- 3316)
Category: Consent Calendar-Community Development
Meeting Date: 11/15/2022
Recommendation: Approve and authorize the City Manager to execute a Stormwater Management Facilities Operation and Maintenance Agreement between the City of Milpitas and Toll West Coast, LLC for the Parkside Project at 1980 and 1992 Tarob Court and 551 Lundy Place.

BACKGROUND:

Toll West Coast LLC (developer) received three development entitlements for the improvement of property located at 1980 and 1992 Tarob Court and 551 Lundy Place. The project is collectively known as the Parkside Project (Project). The combined project area totals approximately 8.88-acres, and it is located within the Transit Area Specific Plan Area. The three development entitlements associated with this Project are as follows:

 September 20, 2016, the City Council adopted Resolution No. 8587 for the 2.81-acre parcel located at 1980 Tarob Court for construction of 59 residential condominium units with related common areas, utilities, offsite improvements, landscaping, irrigation, and stormwater treatment measures.

 October 3, 2017, the City Council adopted Resolution No. 8702 for the 2.42-acre parcel located at 1992 Tarob Court for construction of 53 residential condominium units with related common areas, utilities, offsite improvements, landscaping, irrigation, and stormwater treatment measures.

 February 20, 2018, the City Council adopted Resolution No. 8748 for the 3.65-acre parcel located at 551 Lundy Place approving construction of 89 residential condominium units with related common areas, utilities, offsite improvements, landscaping, irrigation, and stormwater treatment measures.

The Project will utilize required Best Management Practices (BMP), Low Impact Development (LID) and Integrated Management Practices (IMP) for the post construction treatment of stormwater as required by City Ordinance and State Law.

ANALYSIS:

In accordance with State Law and the City’s Municipal Regional Stormwater NPDES Permit (“MRP”) issued by the Regional Water Quality Control Board (“RWQCB”), new development and redevelopment projects that create and/or replace 10,000 square feet or more of impervious surface are required to incorporate Low Impact Development (“LID”) post construction stormwater control measures into the project. LID control measures include, for example, bioretention areas, flow-through planters, permeable pavement, infiltration trenches and tree well filters.

The MRP section C.3.h.ii.(1)(a) and Milpitas Municipal Code Title XI Chapter 16 also requires development project property owners meeting the 10,000 square foot threshold to execute and record a Stormwater Management Facilities Operation and Maintenance Agreement with the City for the perpetual operation, maintenance and annual inspection of LID stormwater treatment facilities. 84 Item # C10.

The Parkside Project will construct bio-retention basins and pervious pavers to meet the low impact development and post construction treatment requirements for stormwater. The developer, Toll West Coast LLC and the project Homeowners Association (HOA) will be responsible for the perpetual operation and maintenance of the stormwater treatment facilities which will be owned by the HOA and not maintained by the city.

Toll West Coast LLC has executed the required Stormwater Management Operations and Maintenance Agreement for this Project. The Agreement requires the HOA to operate and maintain the installed stormwater treatment facilities in accordance with the Municipal Regional Stormwater NPDES Permit and the HOA will compensate the City to complete the required annual system inspections.

Staff recommends the City Council approve the attached Stormwater Management Agreement (Attached) which has been reviewed by the City Attorney and approved as to form and by the Engineering Director/City Engineer as to content.

POLICY ALTERNATIVE(S):

Alternative 1:

Not approve the Stormwater Management Operations and Maintenance Agreement (O&M) for this Project for the perpetual operation and maintenance of the installed stormwater treatment facilities.

Pros: None

Cons: Not approving the Agreement would cause the Project to not be compliant with the Conditions of Approval for this Project as well as the requirements of the City’s Municipal Code and State law.

Reason for Not Recommending: To allow the Project to move forward without delay and to be compliant with the development conditions and State law, staff recommends approval of the O&M Agreement.

FISCAL IMPACT:

The Project developer will install the privately owned stormwater treatment facilities which will not be maintained by the City. The HOA will operate and maintain the facilities and compensate the City for required annual facility inspections.

California Environmental Quality Act (CEQA):

The City Council’s approval of the agreement was already reviewed under the California Environmental Quality Act (CEQA) at the time the City Council approved the entitlements for the project thru an initial environmental assessment. The Planning Department conducted an initial environmental assessment of the project in accordance with the California Environmental Quality Act (CEQA) and determined that the project is exempt from further environmental review pursuant to Section 15168(c)(2) of the CEQA Guidelines because of its consistency with the certified EIR for the Transit Area Specific Plan adopted on June 3, 2008, by the City Council. On this basis, the City Council relies on the previous CEQA review conducted in approving this agreement.

RECOMMENDATION:

Approve and authorize the City Manager to execute a Stormwater Management Facilities Operation and Maintenance Agreement between the City of Milpitas and Toll West Coast, LLC for the Parkside Project at 1980 and 1992 Tarob Court and 551 Lundy Place.

Attachment(s):

Stormwater Management Facilities Operation and Maintenance Agreement

85 Item # C10.
86 Item # C10.
87 Item # C10.
88 Item # C10.
89 Item # C10.
90 Item # C10.
91 Item # C10.
92 Item # C10.
93 Item # C10.
94 Item # C10.
95 Item # C10.

OPERTATION AND MAINTENANCE PLAN

FOR STORMWATER SYSTEMS

1980 Tarob Court, 1992 Tarob Court, 551 Lundy Place
City of Milpitas, Santa Clara County, CA
January 2022

Prepared for:

Toll West Coast, LLC
Kevin Fielding
6800 Koll Center Parkway #320
Pleasanton, CA 94566

Prepared by:

Wood Rodgers, Inc.

Karrie Mosca, PE
4670 Willow Road, Suite 125
Pleasanton, CA 94588
(925) 847‐1547
96 Item # C10.

Table of Contents
I. BMP OPERATION AND MAINTENACE ................................................................................................... 3 A. Means to Finance and Implement BMP Maintenance ...................................................................... 3 B. Summary of Maintenance Requirements ......................................................................................... 3

Appendices
Appendix A – Operation and Maintenance Plan – 1980 Tarob Court Appendix B – Operation and Maintenance Plan – 1992 Tarob Court Appendix C – Operation and Maintenance Plan – 551 Lundy Place Appendix D – 3rd Party Certification

Figures
Figure 1 – Overall Site Plan
Figure 2 – Stormwater Treatment Areas - 1980 Tarob Court Figure 3 – Drainage Management Area Summary - 1980 Tarob Court Figure 4 – Stormwater Treament Details - 1980 Tarob Court Figure 5 – Stormwater Treament Details - 1980 Tarob Court Figure 6 – Maintenance Exhibit - 1980 Tarob Court
Figure 7 – Stormwater Treatment Areas - 1992 Tarob Court Figure 8 – Drainage Management Area Summary - 1992 Tarob Court Figure 9 – Stormwater Treament Details - 1992 Tarob Court Figure 10 – Stormwater Treament Details - 1992 Tarob Court Figure 11 – Maintenance Exhibit - 1992 Tarob Court
Figure 12 – Stormwater Treatment Areas - 551 Lundy Place Figure 13 – Drainage Management Area Summary - 551 Lundy Place Figure 14– Stormwater Treament Details - 551 Lundy Place Figure 15 – Stormwater Treament Details - 551 Lundy Place Figure 16 – Maintenance Exhibit - 551 Lundy Place

97 Item # C10.

I. BMP OPERATION AND MAINTENACE
A. Means to Finance and Implement BMP Maintenance

Proper maintenance and operation of stormwater management facilities will be the responsibility of the HOA to be established under this project. All necessary forms or agreements will be established between the City and developer during the course of final completion of the stormwater control plan.

The applicant will prepare and s ubmit, for the City’s r eview, an acceptable Stormwater Control Op eration and Maintenance Plan prior to completion of the construction and will execute a Stormwater Management Facilities Operation and Maintenance Agreement before sale, transfer, or permanent occupancy of the site.

The applicant accepts responsibility for maintenance of stormwater management facilities until such responsibility is transferred to another entity.

B. Summary of Maintenance Requirements

Bioretention Areas remove pollutants primarily by filtering runoff slowly through an active layer of soil. Routine maintenance is needed to insure that flow is unobstructed, that erosion is prevented, and that soils are held together by plant roots and are biologically active. Typical routine maintenance consists of the following:
 Inspect inlets for channels, exposure of soils, or other evidence of erosion.

Clear any obstructions and remove any accumulation of sediment. Examine rock or other material used as a splash pad and replenish if necessary.

 Inspect outlets for erosion or plugging.

 Inspect side slopes for evidence of instability or erosion and correct as necessary.

 Observe soil in the swale or planter for uniform percolation throughout. If portions of the swale or filter do not drain within 48 -hours after the end of a storm, the soil should be tilled and replanted. Remove any debris or accumulation of sediment.

 Confirm that any check dams and flow spreader are in place and level and that channelization within the swale or filter is effectively prevented.

 Examine the vegetation to insure that it is healthy and dense enough to provide filtering and to protect soils from eros ion. Replenish mulch as necessary, remove fallen leaves and debris, prune large shrubs or trees, and mow turf areas. Confirm that irrigation is adequate and not excessive. Replace dead 98 Item # C10.

plants and remove invasive vegetation.

 Abate any potential vectors by filling holes in the ground in and around swale and by insuring that there are no areas where water stands longer than 48-hours following a storm. If mosquito larvae are present and persistent, contact the Santa Clara County Vector Control District for inf ormation and advice.

Mosquito larvicides should be applied only when absolutely necessary and then only by a licensed contractor.

 Maintenance of vegetated swales and bioretention areas will be required a minimum of one (1) time per year at the b eginning of the rainy season.

Additional maintenance may be required throughout the rainy season if excessive debris is found within the swales, or the swales do not drain completely in 48-hours after a rain event.

 Allow leaf drop to become part of the mulch layer in tree, shrub, and groundcover areas

 Keep lawn mower blades sharp and recycle grass clippings.

 Collect lawn and garden clippings, pruning waste, and tree trimming. Chip if necessary, and compost or take to the local municipal yard waste recycling/composting facility.

 Sweep paved areas regularly to collect loose particles. Wipe up spills with rags and other absorbent material immediately; do not hose down the area to a storm drain.

99 Item # C10.

TRACT 10421
TRACT 10455
TRACT 10475
TRACT 10475 - SEE FIGURE 16
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME4670 WILLOW ROAD, STE 125Tel 925.847.1556Fax 925.847.1557PLEASANTON, CA 94588 100
Item # C10.

Appendix A
Operation and Maintenance Plan – 1980 Tarob Court

101
Item # C10.

DMA 1
DMA 4
DMA 2
DMA 7DMA 8
DMA 9
DMA 12
DMA 3
DMA 5
DMA 14
DMA 11
DMA 6C
DMA 10D
BUILDING GDMA6ADMA6BDMA6DDMA6E
DMA10CDMA10ABUILDING H

BUILDING A

BUILDING B

BUILDING C

BUILDING D

BUILDING E

BUILDING FBUILDING I
DMA10B
DMA 13

LEGENDPROJECT BOUNDARYDRAINAGE MANAGEMENT AREA BOUNDARYBIORETENTION AREAPROPOSED STORM DRAINDROP INLETTREATMENT CONTROL MEASURE TCM
building relationships one project at a time4670 WILLOW ROAD STE 125TEL 925.847.1556FAX 925.847.1557PLEASANTON, CA 94588 102
Item # C10.

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME4670 WILLOW ROAD STE 125TEL 925.847.1556FAX 925.847.1557PLEASANTON, CA 94588

DRAINAGEMANAGEMENTAREA (DMA)BUILDING(SF)STREET (SF)PAVERS(SF)DRIVEWAY&SIDEWALK(SF)TOTALIMPERVIOUS(SF)TOTALPERVIOUS(SF)TOTALDRAINAGEAREA(SF)

REQUIREDTREATMENTAREA (SF)REQUIREDPONDINGDEPTHTREATMENTTYPE NOTES:1.ALL TREATMENT MEASURES AND TECHNICAL REQUIREMENTS FOR THIS PROJECT ARE BASED ONTHE SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM (SCVURPPP)C.3. STORMWATER HANDBOOK DATED APRIL 2012.2.REQUIRED SURFACE AREA OF THE BIORETENTION FACILITIES ARE SUPPORTED BY USING THECOMBINATION FLOW AND VOLUME METHOD.3.HYDROMODIFICATION IS NOT REQUIRED BECAUSE PROPOSED PROJECT IMPERVIOUS SURFACEIS LESS THAN EXISTING IMPERVIOUS SURFACE ON THE SITE.4.REQUIRED SURFACE AREA OF THE PERVIOUS PAVERS IS SUPPORTED BY USING THE WATERQUALITY DESIGN VOLUME 80 PERCENT CAPTURE METHOD ASSUMING A MAXIMUM PONDINGDEPTH OF 6 INCHES. 103
Item # C10.

BIORETENTION (TCM9)BIORETENTION (TCM 10A/10B/10C/10D)
building relationships one project at a time4670 WILLOW ROAD STE 125TEL 925.847.1556FAX 925.847.1557PLEASANTON, CA 94588 BIORETENTION (TCM2/4/6A/6B/6C/6D/6E/6F/7/8/11/12A/12B)
104
Item # C10.

PERVIOUS PAVERS (TCM3/5/14)BIORETENTION (TCM13)
building relationships one project at a time4670 WILLOW ROAD STE 125TEL 925.847.1556FAX 925.847.1557PLEASANTON, CA 94588CURB CUT DETAILS 105
Item # C10.

Page 1 ends

1980 Tarob Court

Stormwater Treatment Measure Operation and Maintenance
Inspection Report to the City of Milpitas, California
This report and attached Inspection and Maintenance Checklists document the inspection and maintenance conducted for the identified stormwater treatment measure(s) subject to the Maintenance Agreement between the City and the property owner during the annual reporting period indicated below.

I. Property Information:

Property Address or APN: ______086-036-040 _______________________________________ Property Owner: Toll West Coast, LLC ___________________________________________ II. Contact Info22-rmation:

Name of person to contact regarding this report:

Phone number of contact person: Kevin Fielding _____ Email:[email protected] _________________________

Address to which correspondence regarding this report should be directed:

6800 Koll Center Pkwy #320, Pleasanton, CA 94566

III. Reporting Period:

This report, with the attached completed inspection checklists, documents the inspections and maintenance of the identified treatment measures during the time period from ____________ _____ to __________ .
106
Item # C10.

Page 2 ends

1980 Tarob Court

IV. Stormwater Treatment Measure Information:

The following strormwater treatment measures (identified treatement measures) are located on the property identified above and are subject to the Maintenance Agreement:

Identifying
Number of
Treatment
Measure
Type of Treatment
Measure
Location of Treatment Measure on the Property
1 Bioretention South of Building A
2 Bioretention North of Building A
3 Pervious Pavers B Court
4 Bioretention East of Building D
5 Pervious Pavers A Court
6A Bioretention Southeast corner of Building F
6B Bioretention South of Building F (center)
6C Bioretention Northeast corner of Building E
6D Bioretention North of Building E (center)
6E Bioretention Northwest corner of Building E
7 Bioretention East of Building F
8 Bioretention East of Building G
9 Bioretention West of Building F
10A Bioretention Southeast corner of Building H
10B Bioretention Northwest corner of Building G
10C Bioretention Northeast corner of Building H
10D Bioretention Northwest corner of Building H
11 Bioretention Northwest corner of Building I
12 Bioretention Southwest corner of Building I
13 Bioretention Between Buildings C & D
14 Pervious Pavers Pervious parking area

107
Item # C10.

Page 3 ends

1980 Tarob Court

V. Summary of Inspections and Maintenance: Summarize the following information using the attached Inspection and Maintenance
Checklists:

VI. Sediment Removal:

Total amount of accumulated sediment removed from the stormwater treatment measure(s) during the reporting period: _____________ cubic yards.

How was sediment disposed?
□ landfill
Identifying
Number of
Treatment
Measure
Date of
Inspection
Operation and Maintenance Activities
Performed and Date(s) Conducted
Additional Comments
1 2
3 4
5 6A
6B
6C
6D
6E
7 8
9 10A
10B
10C
10D
11 12
13 14
108
Item # C10.

Page 4 ends

1980 Tarob Court

measure(s) during the reporting period: _____________ cubic yards.

How was sediment disposed?
□ landfill
□ other location on-site as described in and allowed by the maintenance plan
□ other, explain

VII. Inspector Information:

The inspections documented in the attached Inspection and Maintenance Checklists were conducted by the following inspector(s):

VIII. Certification:

I hereby certify, under penalty of perjury, that the information presented in this report and attachments is true and complete:

______________________________________________________________________ Signature of Property Owner or Other Responsible Party Date

_________________________________________
Type or Print Name

_________________________________________
Company Name

Address:__________________________________________

Phone number: ___________________ Email: ________________________________

Please submit the Operation and Maintenance Inspection reports, Maintenance Plan, and Inspection and Maintenance checklist for each BMP to the following address:

City of Milpitas
455 E. Calaveras Blvd.

Milpitas, CA 95035
Attn: Utility Engineer

Inspector Name and Title Inspector's Employer and Address

109
Item # C10.

BUILDING H

BUILDING A

BUILDING B

BUILDING C

BUILDING D

BUILDING E

BUILDING FBUILDING I

LEGENDPROJECT BOUNDARYBIORETENTION AREAPERVIOUS PAVERSDRAIN INLETTREATMENT MEASURE NUMBER building relationships one project at a time4670 WILLOW ROAD STE 125TEL 925.847.1556FAX 925.847.1557PLEASANTON, CA 94588 110
Item # C10.

Bioretention Area Maintenance Plan for
1980 Tarob Court, Milpitas CA 95035
May 2020

Project Address and Cross Streets: 1980 Tarob Court
Assessor's Parcel No.: 086-036-040
Property Owner: Toll West Coast, LLC
Designated Contact: _Kevin Fielding
Phone No: _________(916) 217-2605
Mailing Address: 6800 Koll Center Pkwy #320, Pleasanton, CA 94566 The property contains nineteen (18 ) bioretention areas and 3 pervious pavers located as described below and as shown in the attached site plan1. ■ DMA1 (bioretention) is located south of Building A
■ DMA2 (bioretention) is located North of Building A
■ DMA3 (pavers) is located B Court
■ DMA4 (bioretention) is located east of Building D
■ DMA5 (pavers) is located A Court
■ DMA6A (bioretention) is located in the southeast corner of Building F ■ DMA6B (bioretention) is located south of Building F (center) ■ DMA6C (bioretention) is located in the northeast corner of Building E ■ DMA6D (bioretention) is located north of Building D (center) ■ DMA6E (bioretention) is located in the northwest corner of Building D ■ DMA7 (bioretention) is located east of Building F
■ DMA8 (bioretention) is located east of Building G
■ DMA9 (bioretention) is located west of Building F
■ DMA10A (bioretention) is located in the southeast corner of Building H ■ DMA10B (bioretention) is located in the northwest corner of Building G ■ DMA10C (bioretention) is located in the northeast corner of Building H ■ DMA10D (bioretention) is located in the northwest corner of Building H ■ DMA11 (bioretention) is located in the northwest corner of Building I ■ DMA12 (bioretention) is located in the southwest corner of Building I ■ DMA13 (bioretention) is located between Buildings C & D ■ DMA14 (pavers) is located in the pervious parking area

I. Routine Maintenance Activities
The principal maintenance objective is to prevent sediment buildup and clogging, which reduces pollutant removal efficiency and may lead to bioretention area failure. Routine maintenance activities, and the frequency at which they will be conducted, are shown in Table 1 and Table 2.

1 Attached site plan must match the site plan exhibit to Maintenance Agreement.

Page 1 ends

111
Item # C10.

Table 1
Routine Maintenance Activities for Bioretention/Planter Box Areas No. Maintenance Task Frequency of Task
1 Remove obstructions, debris and trash from bioretention area and dispose of properly.

Monthly, or as needed after storm
events
2 Inspect bioretention area for ponded water. If ponded water does not drain within 2-3 days, till and replace the surface soil and replant.

Monthly, or as needed after storm
events
3 Inspect inlets for channels, soil exposure or other
evidence of erosion. Clear obstructions and remove
sediment.

Monthly, or as needed after storm
events
4 Remove and replace all dead and diseased vegetation. Twice a year 5 Maintain vegetation and the irrigation system. Prune and weed to keep bioretention area neat and orderly in
appearance. Remove and or replace any dead plants.

Twice a year
6 Check that mulch is at appropriate depth (3 inches per soil specifications) and replenish as necessary before wet
season begins.

Monthly
7 Inspect the energy dissipation at the inlet to ensure it is functioning adequately, and that there is no scour of the surface mulch.

Annually, before the wet season
begins
8 Inspect bioretention area using the attached inspection checklist.

Monthly, or after large storm events,
and after removal of accumulated
debris or material
Table 2
Routine Maintenance Activities for Pervious Pavers
No. Maintenance Task Frequency of Task
1 Inspect system for obstructions and debris. Clear as
necessary.

Once a month for 4-6 months after
installation. Annually after this period.
2 Sweep and vacuum surface to clear voids Every three months 112
Item # C10.

Bioretention Area Maintenance Plan
Property Address: _______________
II. Use of Pesticides
The use of pesticides and quick release fertilizers shall be minimized, and the principles of
integrated pest management (IPM) followed:

1. Employ non-chemical controls (biological, physical and cultural controls) before using chemicals to treat a pest problem.

2. Prune plants properly and at the appropriate time of year.

3. Provide adequate irrigation for landscape plants. Do not over water.

4. Limit fertilizer use unless soil testing indicates a deficiency. Slow-release or organic fertilizer is preferable. Check with municipality for specific requirements.

5. Pest control should avoid harming non-target organisms, or negatively affecting air and water quality and public health. Apply chemical controls only when monitoring indicates that preventative and non-chemical methods are not keeping pests below acceptable levels. When pesticides are required, apply the least toxic and the least persistent pesticide that will provide adequate pest control. Do not apply pesticides on a prescheduled basis.

6. Sweep up spilled fertilizer and pesticides. Do not wash away or bury such spills.

7. Do not over apply pesticide. Spray only where the infestation exists. Follow the manufacturer's instructions for mixing and applying materials.

8. Only licensed, trained pesticide applicators shall apply pesticides.

9. Apply pesticides at the appropriate time to maximize their effectiveness and minimize the likelihood of discharging pesticides into runoff. With the exception of pre-emergent pesticides, avoid application if rain is expected.

10. Unwanted/unused pesticides shall be disposed as hazardous waste.

III. Vector Control
Standing water shall not remain in the treatment measures for more than five days, to prevent mosquito generation. Should any mosquito issues arise, contact the Santa Clara Valley Vector Control District (District). Mosquito larvicides shall be applied only when absolutely necessary, as indicated by the District, and then only by a licensed professional or contractor. Contact information for the District is provided below.

Santa Clara Valley Vector Control District
1580 Berger Dr.

San Jose, California 95112
Phone: (408) 918-4770 / (800) 675-1155 - Fax: (408) 298-6356 www.sccqov.orq/portal/site/vector
IV. Inspections
The attached Bioretentio n Area Inspection and Maintenance Checklist shall be used to conduct inspections monthly (or as needed), identify needed maintenance, and record maintenance that is conducted.

Date of Inspection:.

Treatment Measure No.:
113
Item # C10.

Bioretention Area
Inspection and Maintenance Checklist
Property Address: _______________________________________________________ Property Owner:

Treatment Measure No.: ______________ Date of Inspection: ______________ Type of Inspection: Monthly Pre-Wet Season After heavy runoff End of Wet Season
Inspector(s): _____________________________________ Other: __________________

Bioretention Area Maintenance Plan - Page 3
Defect
Conditions When Maintenance Is
Needed
Maintenance
Needed? (YIN)
Comments (Describe maintenance
completed and if needed maintenance was
not conducted, note when it will be done)
Results Expected When
Maintenance Is Performed

1. Standing Water Water stands in the bioretention area between storms and does not drain
within 2-3 days after rainfall.

There should be no areas of
standing water once storm event
has ceased. Any of the following
may apply: sediment or trash
blockages removed, improved grade
from head to foot of bioretention
area, or added underdrains.

2. Trash and Debris
Accumulation
Trash and debris accumulated in the
bioretention area.

Trash and debris removed from
bioretention area and disposed of
properly.

3. Sediment Evidence of sedimentation in
bioretention area.

Material removed so that there is no
clogging or blockage. Material is
disposed of properly.

4. Erosion Channels have formed around inlets,
there are areas of bare soil, and/or
other evidence of erosion.

Obstructions and sediment removed
so that water flows freely and
disperses over a wide area.

Obstructions and sediment are
disposed of properly.

5. Vegetation Vegetation is dead, diseased and/or
overgrown.

Vegetation is healthy and attractive
in appearance.

6. Mulch
Mulch is missing or patchy in
appearance. Areas of bare earth are
exposed, or mulch layer is less than 2
inches in depth.

All bare earth is covered, except
mulch is kept 6 inches away from
trunks of trees and shrubs. Mulch is
even in appearance, at a depth of 2
inches.

7. Miscellaneous
Any condition not covered above that
needs attention in order for the
bioretention area to function as
designed.

Meets the design specifications.
114
Item # C10.

Appendix B
Operation and Maintenance Plan – 1992 Tarob Court

115
Item # C10.

DMA 1DMA 2
DMA 3DMA 4
DMA 5
DMA 7
DMA 8
DMA 6
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME4670 WILLOW ROAD STE 125TEL 925.847.1556FAX 925.847.1557PLEASANTON, CA 94588 LEGEND
DMA 2
116
Item # C10.

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME4670 WILLOW ROAD STE 125TEL 925.847.1556FAX 925.847.1557PLEASANTON, CA 94588

DRAINAGEMANAGEMENTAREA (DMA)BUILDING(SF)STREET (SF)PAVERS(SF)DRIVEWAY&SIDEWALK(SF)TOTALIMPERVIOUS(SF)TOTALPERVIOUS(SF)TOTALDRAINAGEAREA(SF)

PROVIDEDTREATMENTAREA (SF)PONDINGDEPTHTREATMENTTYPE
117
Item # C10.
building relationships one project at a time4670 WILLOW ROAD STE 125TEL 925.847.1556FAX 925.847.1557PLEASANTON, CA 94588BIORETENTION (TCM 2/4/5/6/7)BIORETENTION (TCM 1) 118
Item # C10.

PERVIOUS PAVERS (TCM 8)BIORETENTION (TCM 3)
building relationships one project at a time4670 WILLOW ROAD STE 125TEL 925.847.1556FAX 925.847.1557PLEASANTON, CA 94588CURB CUT DETAILS 119
Item # C10.

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1992 Tarob Court

I. Property Information:

Property Address or APN: ______086-036-039 _______________________________________ Property Owner: Toll West Coast, LLC ___________________________________________ II. Contact Information:

Name of person to contact regarding this report:

Phone number of contact person: Kevin Fielding _____ Email:[email protected] _________________________

Address to which correspondence regarding this report should be directed:

6800 Koll Center Pkwy #320, Pleasanton, CA 94566

III. Reporting Period:

IV. Stormwater Treatment Measure Information:

The following strormwater treatment measures (identified treatment measures) are located on the property identified above and are subject to the Maintenance Agreement:

Identifying
Number of
Treatment
Measure
Type of Treatment
Measure
Location of Treatment Measure on the Property
1 Bioretention North of Building A
2 Bioretention Northeast of Building F (center)
3 Bioretention Southwest of Building D
4 Bioretention Northeast of Building D
5 Bioretention Northeast of Building E
6 Bioretention East of Building G
7 Bioretention Northeast corner of Building H
8 Pervious Pavers South of Building H

120
Item # C10.

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1992 Tarob Court

V. Summary of Inspections and Maintenance: Summarize the following information using the attached Inspection and Maintenance
Checklists:

VI. Sediment Removal:

Total amount of accumulated sediment removed from the stormwater treatment measure(s) during the reporting period: _____________ cubic yards.

How was sediment disposed?
□ landfill
□ other location on-site as described in and allowed by the maintenance plan
□ other, explain

VII. Inspector Information:

The inspections documented in the attached Inspection and Maintenance Checklists were conducted by the following inspector(s):

VIII. Certification:

I hereby certify, under penalty of perjury, that the information presented in this report and attachments is true and complete:

Identifying
Number of
Treatment
Measure
Date of
Inspection
Operation and Maintenance Activities
Performed and Date(s) Conducted
Additional Comments
1 2
3 4
5 6
7 8
Inspector Name and Title Inspector's Employer and Address

121
Item # C10.

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1992 Tarob Court

______________________________________________________________________ Signature of Property Owner or Other Responsible Party Date

_________________________________________
Type or Print Name

_________________________________________
Company Name

Address:__________________________________________

Phone number: ___________________ Email: ________________________________

Please submit the Operation and Maintenance Inspection reports, Maintenance Plan, and Inspection and Maintenance checklist for each BMP to the following address:

City of Milpitas
455 E. Calaveras Blvd.

Milpitas, CA 95035
Attn: Utility Engineer

122
Item # C10.

BUILDING A

BUILDING BBUILDING C

BUILDING D

BUILDING E

BUILDING F

BUILDING G

BUILDING H

Bioretention Area Maintenance Plan for
1992 Tarob Court, Milpitas CA 95035
May 2020

Project Address and Cross Streets: 1992 Tarob Court
Assessor's Parcel No.: 086-036-040
Property Owner: Toll West Coast, LLC
Designated Contact: _Kevin Fielding
Phone No: _________(916) 217-2605__________
Mailing Address: 6800 Koll Center Pkwy #320, Pleasanton, CA 94566 The property contains nineteen (9) bioretention areas and 1 pervious paver located as described below and as shown in the attached site plan1.
■ DMA1 (bioretention) is located North of Building A
■ DMA2 (bioretention) is located Northeast of Building F (center) ■ DMA3 (bioretention) is located Southwest of Building D ■ DMA4 (bioretention) is located Northeast of Building D ■ DMA5 (bioretention) is located Northeast of Building E ■ DMA6 (bioretention) is located East of Building G
■ DMA7 (bioretention) is located Northeast corner of Building H ■ DMA8 (pavers) is located South of Building H

I. Routine Maintenance Activities
124
Item # C10.

The principal maintenance objective is to prevent sediment buildup and clogging, which reduces pollutant removal efficiency and may lead to bioretention area failure. Routine maintenance activities, and the frequency at which they will be conducted, are shown in Table 1 and Table 2.

1 Attached site plan must match the site plan exhibit to Maintenance Agreement.

Page 1 ends

Monthly, or as needed after storm
events
2 Inspect bioretention area for ponded water. If ponded water does not drain within 2-3 days, till and replace the surface soil and replant.

Monthly, or as needed after storm
events
3 Inspect inlets for channels, soil exposure or other
evidence of erosion. Clear obstructions and remove
sediment.

Twice a year
6 Check that mulch is at appropriate depth (3 inches per soil specifications) and replenish as necessary before wet
season begins.

Monthly
7 Inspect the energy dissipation at the inlet to ensure it is functioning adequately, and that there is no scour of the surface mulch.

Annually, before the wet season
begins
8 Inspect bioretention area using the attached inspection checklist.

Once a month for 4-6 months after
installation. Annually after this period.
2 Sweep and vacuum surface to clear voids Every three months 125
Item # C10.